HomeMy WebLinkAbout2013 LeaseLEASE BETWEEN THE CITY OF SEBASTIAN AND
FISHERMAN'S LANDING SEBASTIAN, INC.
A LEASE made this 10th day of April, 2013, between the CITY OF SEBASTIAN,
FLORIDA, a municipal corporation, having its principal office at 1225 Main
Street, Sebastian, Florida 32958 hereinafter referred to as the "LESSOR" and
FISHERMAN'S LANDING SEBASTIAN, INC., a non - profit corporation organized
and existing under the laws of the State of Florida whose address is PO Box
782038, Sebastian, Florida 32978 -2038 hereinafter referred to as the
"LESSEE." This document contains thirteen (13) pages.
WITNESSETH:
WHEREAS, the Sebastian City Council is authorized to lease real
property owned by the City to not - for - profit organizations formed for the purpose
of promoting community interest and welfare; and,
WHEREAS, LESSEE is a Florida not - for - profit organization formed for the
purpose of promoting community interest and welfare, which includes the
revitalization of Sebastian's Working Waterfront, and whose Members are
commercial fishermen (a copy of LESSEE'S corporate documentation is
attached as Exhibit "A "); and,
WHEREAS, LESSOR owns real Property, hereinafter described below,
which is upland to the Submerged Land Lease #310006484; and,
WHEREAS, LESSOR has acquired the Property with partial funding from
the Florida Communities Trust (FCT), and the Property is subject to certain
limitations provided in the FCT Declaration of Restrictive Covenants (as recorded
in OR Book 2431, Page 1268 in Indian River County, Florida) ( "Declaration "), the
terms of the Declaration are hereby incorporated by reference; and,
WHEREAS, as part and condition of the FCT funding, the LESSOR
provided and FCT approved, a Working Waterfront Collaborative Management
Plan ( "Management Plan ") for the Property, the terms of the Management Plan
are hereby incorporated herein by reference and attached hereto as Exhibit "B ".
Activities on the Property must adhere to the terms and conditions contained in
the Management Plan; and,
WHEREAS, FCT shall approve and review all leases, subleases,
easements or other similar documents that affect the Property funded by FCT
before the documents are executed by any and all parties. FCT's approval shall
not be unreasonably withheld. Execution of documents without FCT's prior
review and written approval may be deemed null and void; and,
WHEREAS, FCT shall be notified at the Department of Environmental
Protection, Florida Communities Trust, 3900 Commonwealth Boulevard,
MS #115, Tallahassee, Florida 32399; and,
WHEREAS, the Declaration's restrictions on the FCT funded Property are
superior to any other restrictions placed upon the Property; and,
WHEREAS, LESSOR intends that the conservation and recreation values
of the Property be preserved and enhanced in accordance with the Management
Plan, as it may be amended from time to time only after review and approval by
FCT; and,
WHEREAS, LESSEE has applied to LESSOR for a lease of the upland
real estate and use of the submerged lands, collectively referred to as the
"Leased Premises," for the purpose of commercial fishing docks, off - loading
facility and weigh station for use by the Members of the LESSEE and visitation
by the general public in designated areas in accordance with the Management
Plan; and,
WHEREAS, LESSOR has determined that the revitalization and
preservation of the Sebastian Working Waterfront promotes community interest
and welfare; and,
WHEREAS, LESSOR has found that the facilities to be leased to LESSEE
are required for the proposed use and LESSEE agrees to maintain the same and
make certain improvements; and,
WHEREAS, LESSOR desires to lease such Property to LESSEE for the
purpose described herein.
NOW THEREFORE, in consideration of the foregoing and in further
consideration of the mutual covenants contained herein the parties agree as
follows:
1. ALL OTHER AGREEMENTS AND LEASES. Upon the final execution of this
document, LESSOR and LESSEE agree that the lease executed between the
parties on July 28, 2010 and amended on January 5, 2011 is hereby terminated
and shall have no further force and effect. LESSOR shall assume LESSEE'S
interest in that certain sublease dated June 7, 2011 between the LESSEE and
Indian River Seafood, Inc. Nothing herein prohibits the LESSOR and Indian
River Seafood, Inc. from renegotiating any lease terms, except that LESSOR
acknowledges and will apply remaining rent credits paid to LESSEE under the
Memorandum of Understandinq dated June 15, 2011 (Exhibit "C ") between the
LESSEE and Indian River Seafood, Inc.
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2. LEASED PREMISES. LESSOR hereby leases unto LESSEE the following
premises:
A. Uplands property and submerged land lease property located at 1532
Indian River Drive, legally described in Exhibit "D attached hereto and
incorporated herein. A location map, depicting both parcels, is attached
hereto as Exhibit "E ".
B. All the parking spaces located in the southern one -third (1/3) of the
parking lot located on the west side of Indian River Drive, being a part of
Lot 3, Block 2 of Middleton's Subdivision of the City of Sebastian as per
Plat Book 2 Page 56 . Parking spaces are shown on Exhibit "F ".
C. Restroom Facilities: LESSEE shall have a non - exclusive right of use and
access to the restrooms at 1540 Indian River Drive during operating hours
of the 1540 Indian River Drive facility. The aforementioned restroom
access shall satisfy City of Sebastian's restroom code requirements for
the operation and development of the facilities at 1532 Indian River Drive.
3. PURPOSE. The LESSEE shall use the Leased Premises solely and
exclusively for providing its members a commercial fishing dock, an off - loading
fish packing facility, aquaculture, fundraising, special events and other uses that
may support the commercial fishing industry as described herein in accordance
with the Management Plan.
3A. SPECIAL EVENTS, Two (2) Special Events per year may be conducted
by the LESSEE at the leased premises. It is understood that, LESSEE shall
have the right to utilize the exterior areas of the premises at 1540 Indian River
Drive at no additional cost in conducting said Special Events. All Special
Event net revenue will be used to further the mission of LESSEE. At such
events, the playing of live music, such as live bands, DJ's or karaoke, is
permitted. A "Special Event" shall be defined as a regular yearly, or bi- annual,
scheduled activity. Each Special Event is expected to have an attendance
exceeding 300 people, excluding staffing personnel on a single day. Special
Events may be conducted over a three (3) day period from 9AM through 7PM.
Special Events may not conflict with the major events sponsored by the
LESSOR which include: the Sebastian Clambake; the 4th of July Celebration;
the Fine Arts & Music Festival; and the Pelican Island Wildlife Festival.
Execution of this Lease constitutes issuance of the City required Temporary
Use Permit for any Special Event, with no fee required, for the term of the
Lease. The LESSEE agrees that Special Event(s) shall comport with the
Temporary Use Permit requirements of other City Festival's as outlined in a
special accommodation plan. Any special accommodation plan shall address
issues such as requirements for additional restroom facilities, traffic control,
parking, beer and wine consumption only, and special duty police service.
Costs for any such accommodation shall be made at the sole expense of the
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LESSEE. If any FLS Special Event is held on the Leased Premises where
alcohol is consumed, it is understood that LESSEE shall obtain, at its
expense, appropriate Liquor Consumption Liability Insurance that shall cover
the duration of the event.
3B. Upon request by either party, within ten days after a special event, the
parties shall meet to discuss better coordination for, and to address any
public safety concerns about, future events.
3C. LESSEE /FLS agrees to provide adequate public liability insurance for
any event held on the Leased Premises. In addition, FLS shall provide
adequate public liability insurance coverage in the event that the property at
1540 Indian River Drive is used as an ancillary venue, in whole or in part, of
any FLS Special Event. LESSEE hereby waives all claims and agrees to
hold forever harmless LESSOR from any and all claims, lawsuits, judgments,
or similar causes of action, for any /all injuries and /or claims to persons or
property arising out of Special Event activities conducted by LESSEE on the
Leased Premises, or on the premises at 1540 Indian River Drive, if that facility
is utilized in conjunction with a FLS Special Event. LESSEE shall indemnify
LESSOR against any /all claims, liabilities, loss or damage as a result of
Special Event activities. LESSEE agrees to defend LESSOR against any /all
claims, at LESSEE'S sole cost and expense.
4. SUBMERGED LANDS LEASE. The parties acknowledge the existence of a
Sovereign Submerged Lands Lease #310006484 (see Exhibits "D" & "E "). The
parties further understand that this lease may be amended and modified from
time to time. LESSOR shall be responsible to acquire, keep and maintain, from
the appropriate governmental agency a lease which permits the operations of a
working waterfront as enumerated herein. LESSOR shall pay all annual and
renewal fees associated with the Submerged Lands Lease.
LESSEE acknowledges the restrictions, requirements and regulations contained
in the Submerged Lands Lease #310006484 and agree to use the Leased
Premises in accordance with such lease provisions and directives. Any default,
breach or noncompliance issues shall be the sole responsibility of the LESSEE.
5. TERM. LESSOR leases to the LESSEE the Leased Premises for an initial
term of TEN (10) years. If the LESSEE is in full compliance with its obligations
and responsibilities hereunder, then the lease term shall be automatically
extended for an additional TEN (10) years on the same terms and conditions as
provided for herein as long as the LESSEE gives written notice to that effect
within ninety (90) days prior to expiration of the initial term.
6. RENT. In recognition of LESSEE'S capital investment at 1540 Indian River
Drive, LESSEE shall pay rent of $1 per month for the term of the lease.
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7. POTENTIAL REVENUE. It is anticipated that the Leased Premises may
generate revenue via the rental of commercial boat slips, and the wholesale
commerce of aquaculture and fish products. LESSEE shall establish, impose
control, and collect all such revenues. LESSEE shall use such revenues in order
to finance capital improvements, fund - raising activities including those set forth in
paragraph 3A, pay general working waterfront operation expenses, and to
advance the LESSEE'S mission as enumerated in its By -Laws and Articles of
Incorporation (Exhibit "A "). It is understood that any revenue generated from
FLS operations to include boat slip rental, fish wholesales, aquaculture
commerce, or any /all operations in furtherance of the working waterfront mission,
shall be at fair market value as determined by local industry standards.
LESSEE shall give LESSOR no less than fifteen (15) calendar days prior written
notice of any proposed revenue source to be generated on the Leased Premises
that is not expressly addressed in this lease. If LESSOR objects to the proposal
and the parties cannot resolve the issue, the matter shall be submitted in writing
to FCT and, if FCT determines that the revenue source violates the grant
covenants, LESSEE shall not conduct such activity.
Collection of any general visitor admission fee shall be prohibited without the
written consent of the LESSOR.
8. IMPROVEMENTS. The Leased Premises are accepted by the LESSEE "as
is." The following improvements schedule is adopted:
A. LESSOR, at its sole cost and expense, shall design, permit and construct
an, approximately, 1,500 square foot, single story fish house, including
adequate electrical and potable water service, along with any
improvements and specifications required by any governmental authority
having regulatory or review approval jurisdiction, in the footprint of the
existing above water structure. LESSEE shall appoint one representative
to provide LESSOR with fish house design consultation on a no fee basis.
The fish house shall serve as the primary weighing and fish processing
station. The fish house will be open to the general public to view and
receive education about the commercial fishing industry in Sebastian,
Florida. Upon execution of this Agreement, LESSOR will appropriate
funds for construction and make a good faith effort to complete
construction within TWO (2) years after final consent of all necessary
plans, permits, and approvals by all regulatory agencies. LESSOR shall
make a good faith effort to pursue appropriate planning, permitting, and
any /all regulatory approval in a timely manner. LESSOR shall make a
good faith effort to seek supporting grant funding for the project as
expeditiously as possible.
B. LESSOR, at its sole cost and expense, shall design, permit and construct
a boardwalk as depicted on Exhibit "G ".
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C. LESSOR, at its expense, shall remove the existing raceways in
conjunction with the construction of the "Fish House." If LESSEE
determines that the removal of the existing raceways interferes with
aquaculture operations, LESSOR shall construct an amount of upwellers
at the site equal in value to the removed raceways. In no case, shall any
aquacultural operations or equipment block the view of the Fish House.
D. LESSEE, at its sole cost and expense, shall install and maintain docks
and boat slips as may be determined by the LESSEE as necessary for the
operation of the working waterfront.
At the end of the term of this Lease, LESSEE shall deliver the Leased Premises
to LESSOR in good repair and condition, reasonable wear and tear excepted.
With the exception of privately owned or leased equipment, all installations,
fixtures, alterations, additions and /or improvements, on the Leased Premises,
shall become the property of LESSOR and, on termination of the Lease, shall be
surrendered with the Leased Premises in good condition.
9. OPERATIONAL ADHERENCE. In addition to the duties, and obligations,
provided in this Lease Agreement, LESSEE shall comply with all requirements of
the Stan Mayfield Working Waterfront Grant Contract (Exhibit "H ") and The Ci
of Sebastian Working Waterfront Collaborative Management Plan (Exhibit "B ").
The Declaration of Restrictive Covenants (Exhibit "I "), issued by FCT, are
superior to any other restrictions placed upon the Property.
Other than provisions specifically superseded by FCT and this Lease Agreement,
LESSOR shall not interfere with the operations of the LESSEE.
10. BUILDING, UTILITIES, MAINTENANCE AND REPAIRS.
A. LESSEE agrees that all portions of the Leased Premises shall be kept in
good repair and condition by LESSEE. LESSEE shall maintain and make
all necessary repairs and alterations with respect to the Leased Premises
to keep the Leased Premises in good condition. LESSEE'S sole right of
recovery shall be against it's insurers for losses, or damage, to stock,
furniture and fixtures, equipment, improvements, and betterment.
LESSEE agrees to make or contract for emergency repairs and provide
protective measures necessary to protect the Leased Premises from
damage and to prevent injury to persons or loss of life. LESSEE agrees
to use its best efforts to insure that the Property is maintained in an
attractive condition and in a good state of repair. LESSEE shall also keep
the Leased Premises free of trash and debris.
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B. The interior and exterior of the Leased Premises shall be kept clean. It
shall be LESSEE'S responsibility to provide and pay for landscaping and
exterior maintenance.
C. LESSEE shall be permitted non - exclusive right to use dumpster service,
without a fee, on LESSOR'S adjoining Property for non - perishable
products, as long as such services are in existence.
D. LESSEE shall be entitled to reasonable use of existing electrical and
water service without additional charge in those parking areas dedicated
to LESSEE'S use on the west side of Indian River Drive.
11. INSURANCE, INDEMNIFICATION AND DAMAGE BY CASUALTY.
A. LESSOR shall procure and maintain, during the term of this Lease, public
liability all risk insurance adequate to protect the LESSOR against liability
for any and all damage claims that may arise due to the activities of the
LESSEE in amounts that are determined by the LESSOR. In no fashion
shall LESSOR be liable for any claims arising between LESSEE and its
agents resulting in damage to the City -owned facilities due to negligence
of LESSEE less normal wear and tear.
B. LESSOR shall procure and maintain, during the term of this Lease, fire
and other casualty and property insurance, including wind damage
coverage in amounts as reasonably determined by the LESSOR.
C. In the event LESSEE has paid employees, LESSEE agrees to procure
and maintain, during the term of this Lease, applicable worker's
compensation insurance for all its employees employed in connection with
the business operated under this Lease. Such insurance shall fully
comply with the Workers' Compensation Law, Chapter 440, Florida
Statutes. The workers' compensation insurance policy required by this
Lease shall also include Employers Liability. LESSEE shall provide proof
of workers' compensation insurance as required by law, if applicable.
D. LESSEE shall require its members, agents, assigns, or business invitees
upon the Leased Premises, acting in furtherance of the working waterfront
operation, to execute, in a form acceptable to LESSOR, a waiver and
release of LESSOR from any /all claim arising from the operation of the
working waterfront core mission. LESSEE shall maintain such releases on
file and, upon request, shall provide copies to LESSOR. For purposes
hereof, tourist and educational activities shall not be considered working
waterfront activities.
E. LESSEE hereby waives all claims and agrees to hold forever harmless
LESSOR from any and all claims, lawsuits, judgments, or similar causes
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of action, for any /all injuries and /or claims to persons or property arising
out of the working waterfront activities conducted by LESSEE on the
Leased Premises. LESSEE shall indemnify LESSOR against any /all
claims, liabilities, loss or damage as a result of working waterfront
activities on the Leased Premises. LESSEE agrees to defend LESSOR
against any /all claims, at LESSEE'S sole cost and expense.
12. TAXES. LESSEE will be required to pay all taxes or other levies or
assessments lawfully levied against the subject Property during the term of the
Lease, if any.
13. LESSEE'S RESPONSIBILITIES.
A. LESSEE agrees and covenants that it will not substantially amend or
otherwise change its articles of incorporation, bylaws or rules and
regulations without the prior notification to LESSOR. Copies of
LESSEE'S articles of incorporation, bylaws and rules and regulations are
attached hereto and incorporated herein as Exhibit "A ". LESSEE shall
ensure that its members are required to annually meet the membership
criteria set forth in its rules and regulations. LESSEE agrees annually to
certify to LESSOR, on or before August 15th of each year, those Members
who continue to qualify for corporate membership as well as those
Members who shall be no longer qualified as Members.
B. LESSEE, it's Members, Officers, employees and invitees, when on the
premises, agree to follow and abide by all local, state and federal laws,
ordinances and regulations and to follow and abide by the rules and
regulations of the City of Sebastian, Community Redevelopment Agency,
and the State of Florida as may be amended from time to time.
C. LESSEE agrees to keep books, accounts and records that reflect all
revenues and expenditures received in connection with the management
and operation of the Property as set forth in paragraph 7. The books,
accounts and records shall be maintained in accordance with generally
accepted accounting principles and located at LESSEE'S principal place
of business. LESSEE shall make the books, accounts and records
required to be maintained hereunder available to the LESSOR for
examination or audit during normal business hours, upon five (5) days
written notice. In addition, LESSEE shall provide LESSOR with a copy of
its annual audit and other financial statement(s) relating to LESSEE'S
occupancy and use of the Leased Premises by September 30th of each
year.
14. INSPECTION BY LESSOR. The LESSOR and its agents, upon reasonable
notice, may make periodic inspections of the Leased Premises to determine
whether LESSEE is operating in compliance with the terms and conditions of this
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Lease. The LESSEE shall be required to make any and all changes required by
the LESSOR, which are necessary to ensure compliance with the terms and
conditions of this Lease and /or any applicable law(s) or regulation(s).
15. PROHIBITION ON ASSIGNMENT AND ENCUMBRANCES. LESSEE shall
not assign this Lease and, except as specifically authorized herein, shall not
sublet the Leased Premises to any other party without the prior express written
approval of LESSOR. This covenant shall be binding on the successors in
interest of LESSEE, if any.
LESSEE shall be permitted to sublease dock slips and upland areas for clam
raceways to licensed commercial fisherman. Preference for slips and upland
rental shall be given to Sebastian commercial fisherman. LESSEE shall keep
written records of all subleases as well as the names, license, commercial
qualifications, dates of sublease, and rents.
LESSEE shall not mortgage, pledge, or encumber this Lease, in whole or in part,
or the leasehold estate granted under this Lease. Any attempted mortgage,
pledge, or encumbrance of this Lease, or the leasehold estate granted under this
Lease, shall be void and may, at the sole option of the LESSOR, be deemed an
event of default under this Lease. This covenant shall be binding on the
successors in interest of LESSEE, if any.
LESSEE shall not pledge the LESSOR'S credit or make it a guarantor for
payment or surety for any contract debt, obligation, judgment, lien or any form of
indebtedness. LESSEE warrants and represents that it has no obligation or
indebtedness, which would impair its ability to fulfill the terms of this Lease.
16. MISCELLANEOUS CONDITIONS.
A. LESSEE agrees all Members and persons engaged in commercial fishing
and related activities on the Leased Premises shall be at all times subject
to the LESSEE'S sole direction, supervision and control and shall not be
considered employees, agents or servants of the LESSOR.
B. LESSEE agrees that it shall at all times prohibit recreational vessels at the
Leased Premises. LESSEE agrees that none of the vessels docked at the
Leased Premises will be used as a live aboard vessel for more than a
forty -eight (48) hour period.
C. LESSEE agrees to park its vehicles in places specifically designated by
this lease and further agrees that no parking will occur in landscaped
areas or blocking any sidewalk or street. LESSEE shall prohibit
commercial truck parking on the Leased Premises for any duration other
than what is reasonable for loading or unloading purposes. LESSEE shall
prohibit boat trailer parking on the Leased Premises for any duration other
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than what is reasonable for loading or unloading purposes. The parties
recognize that the ongoing redevelopment efforts within the Sebastian
CRA may result in changes in parking as well as the configuration of
vehicle parking on or adjacent to the Leased Premises. LESSEE agrees
to cooperate and coordinate with LESSOR in connection with parking
projects and /or reconfiguration.
D. LESSEE shall have the right to tow vehicles, in accordance with Florida
Statutes, from parking areas dedicated to them by this Agreement, if they
solely determine that such parking interferes with operations at the
working waterfront. Government vehicles parked in the subject area, in
support of a governmental function, are exempt, and shall not be towed.
E. LESSEE agrees to prohibit unauthorized persons on the Leased Premises
and to prohibit trespassing on the Leased Premises by use of appropriate
signage. LESSOR agrees to provide said signage at its expense.
F. LESSEE agrees to develop a fuel/hazardous substance containment plan
within sixty (60) days of the date of this Lease.
G. LESSEE for itself, and its permitted successors in interest, as a part of the
consideration for this Lease, does hereby covenant and agree that:
(1) No person shall be subject to discrimination in connection with
LESSEE'S use of the Leased Premises on the basis of age, sex,
physical handicap or other disability, race, color, national origin,
religion or ancestry; and,
(2) LESSEE shall not discriminate against any employee or applicant
for employment in connection with the Leased Premises and the
leasehold estate granted hereunder with respect to hiring, tenure,
terms, conditions, or privileges of employment or any matter directly
or indirectly related to employment on the basis of age, sex,
physical handicap or other disability, race, color, religion, national
origin or ancestry; and,
(3) LESSEE agrees that its facilities and programs shall, at all times,
comply with the Americans with Disabilities Act (ADA), if applicable.
LESSOR and LESSEE recognize that the commercial fishing docks
are not a public accommodation, however, LESSEE shall cause the
Leased Premises to at all times comply with all applicable ADA
requirements that may be in effect from time to time.
H. LESSEE shall furnish LESSOR with a list of its Officers and Board of
Directors and notify LESSOR of the names of any new Officers and Board
of Directors at the time of their election. LESSEE shall furnish LESSOR
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with the names and addresses of LESSEE'S Officers and employees who
have the authority to pay LESSEE'S bills.
I. LESSEE shall assist the LESSOR in providing information and
documentation, in a timely manner, as it relates to providing the Florida
Communities Trust (FCT) with an annual report.
17. TERMINATION.
A. The LESSOR may have the right to terminate this Lease upon the
occurrence of any of the following, hereinafter referred to as "Event of
Default."
(1) Institution of proceedings in voluntary bankruptcy by the LESSEE.
(2) Institution of proceedings in involuntary bankruptcy against the
LESSEE if such proceedings continue for a period of ninety (90)
days and are not dismissed.
(3) Assignment of this Lease for the benefit of creditors.
(4) Abandonment by LESSEE of the Leased Premises or discontinue
of operation of the Leased Premises to the permitted uses for more
than sixty (60) calendar days.
(5) Dissolution, whether voluntary or involuntary, of LESSEE'S not -for-
profit corporation.
(6) Default, non - performance or other noncompliance with any
covenant, requirement or other provision of any nature whatsoever
under this Lease.
B. Upon the occurrence of an Event of Default, the LESSOR shall send a
written notice to LESSEE, setting forth the Event of Default in specific
detail and the date this Lease shall terminate in the event LESSEE does
not cure the default to the reasonable satisfaction of the LESSOR. In no
case shall the lease terminate less than thirty (30) calendar days from
LESSEE'S receipt of any Default Notice.
C. In the event LESSEE fails to cure the Event of Default within the time
established by LESSOR this Lease shall be deemed to be terminated with
no further action by the LESSOR. In no event, however, shall such
termination relieve LESSEE of its obligation to pay any and all remaining
rent due and owing to the LESSOR for the period up to and including the
date of termination, or to provide any and all remaining reports to the
LESSOR for such period.
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D. LESSEE shall have the right, upon providing thirty (30) days prior written
notice to the LESSOR in the manner set forth in this Lease, to terminate
this Lease at any time for any reason.
18. INTEGRATION. The drafting, execution and delivery of this Lease by the
parties has been induced by no representations, statements, warranties or
agreements other than those expressed in it. This Lease contains the entire
agreement between the parties and there are no further or other agreements or
understandings written or oral in effect between the parties relating to its subject
matter. This Lease cannot be changed or modified except by written instrument
executed by all parties hereto. This Lease and the terms and conditions hereto
apply to and are binding upon the legal representatives, successors and assigns
of both parties.
19. SEVERABILITY. If any term of this Lease or the application thereof to any
person or circumstances shall be determined by a court of competent jurisdiction
to be invalid or unenforceable, the remainder of this Lease, or the application of
such term to persons or circumstances other than those as to which it is invalid
or unenforceable, shall not be affected thereby, and each term of this Lease shall
be valid and enforceable to the fullest extent permitted by law.
20. NOTICES. All notices required under this Lease shall be sent by certified
mails as follows:
LESSOR: City of Sebastian
1225 Main Street
Sebastian, Florida 32958 -4165
ATTN: City Manager
A Copy shall be provided to the Sebastian City Attorney's Office.
LESSEE: Fisherman's Landing Sebastian, Inc.
Post Office Box 782038
Sebastian, FL 32978 -2038
21. GOVERNING LAW/VENUE. This Lease shall be governed and construed
in accordance with Florida law. In the event that litigation arises involving the
parties to this Agreement, venue for such litigation shall be in Indian River
County, Florida.
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IN WITNESS WHEREOF, the Parties have executed this Lease on the
date set forth above.
ATTEST:
Sally Maio MC
City Cler
tness B
t
Print Name
REVIEWED AND APPROVED FOR
FLORIDA COMMUNITIES TRUST BY:
Florida Cfqm�u�tie�s Trust
��CC + V-=1 r -ce r—
Print Name - Title
r
LESSOR
City of Sebastian, Florida
- 1;-1-wXeaz
Bob McPartlan
Mayor
APPROVED AS
CORRECTNESS
Robert A. Ginsburg
City Attorney
TO FORM AND
LESSEE
Fisherman's Landing Sebastian, Inc.
Tim Adams, President
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Exhibit A
For Lease
Between
City of Sebastian
and
Fisherman's Landing Sebastian, Inc.
•
•
,till
a
• FLORIDA DEPARTMENT OF STATE
Division of Corporations
November 14, 2008
CHARLES W. SEMBLER
694549TH STREET
VERO BEACH, FL 32967
Re: Document Number N08000004478
The Articles of Amendment to the Articles of Incorporation for FISHERMAN'S LANDING
SEBASTIAN, INC., a Florida corporation, were filed on November 10, 2008.
The certification requested is enclosed.
Should you have any question regarding this matter, please telephone (850) 245 -6050,
the Amendment Filing Section.
Thelma Lewis
Document Specialist Supervisor
Division of Corporations Letter Number. 308A00057268
.0. BOX 6327 - Tallahassee,
•
•
•
Articles of Atnendineni
to
Articles of incorporation
of
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IQ
(Name of Corporation as currentl filed with the Florida D rc �103
enf, n fut�l
(Document Number of Corporation (if known) D
Pursuant to the provisions of section 617.1006, Florida Corporation adopts Statutes, this
the following amcndment(s) to its Articles of Incorporation; Florida Not For Profit
A.
frainen enter the new na am of the cor
OrAt10n;
The new name mast be diylinguiahable and contain the word "Corporation" or "Incorporated" or the
abbreviation "Corp. "or " lnc. " "Co au "or "�o, "Ma not be u.�ed in the Hume_
$• Enter n ew prinNnal office addr ss if apulicabl
(Principal office address MllST BE.! STREE]"Anna�o� )
C. Enter new m
atlln ,address ftappll Die.
(Afatling address MAYBEA POST OFF /CE BOXJ
In
new registered Agent °.,W%, ° ' ar'
and/or the new registered oflictL a� des
Nom a isrered A ent:
lVew Reeis_rered Oficr Address;
(Florida street address)
Florida
Zip Code)
New Registered Aecnt!s Signature if chap in¢ Re istc Arent:
hereby accept the appointment as registered agent.: / am fanrilidr with and accept the obligations of the
position.
Signature of New Regicterrd Agent, if changing
Psgc i of 3
•
•
•
cndin th Office and/or Airecto enter the till nd nam o tech o c r!t
removed and title n e and address f each Of 1 er and or Director beln added:
(Attach addilfonal rhee ts, if necessary)
Title ame
Address
t3. I amendi or addin additional Art ict a trr chap s here.
(attach addidonal.sheels, ljneeexsary). (Be specific)
the
ion is organized is
n5 ana educational vent
I and historic heritage of
ant means (a) activitiac i
a's tradi
Tvoe o) Action
O Add
O Remove
U A dd
D Remove
❑ Add
D Remove
commercial harvest of marine or anisms or saltwater roducts b state - licensed
commercial fishermen, a uacuiturists, or business entities, includin iers wharves,
docks, or other facilities operate I to PrOVIde waterfront access to licensed commercial
fishermen a uaculturists or business entities r b activities for exhibitions
demonstrations educational venues civic events and other ur ses that —mote and
the ublic a ol it economi culturai and bLtgrig herita a of lorida's tr dill nal workin
waterfronts, Includl,12 the nark8ting of the seafood and a uaculture industries.
Page 2 0173
ti
• Said organization is organized exclusively for charitable, educational and
scientific purposes, including, for such purposes, the making of distributions to
Organizations that qualify as exempt organizations under Section 501(c)(3) of the
Internal Revenue Code, or corresponding section of any future federal tax code.
No part of the net earnings of the organization shall inure to the benefit of,
or be distributable to its members, trustees, officers, or other private persons,
except that the organization shall be authorized and empowered to pay
reasonable compensation for services rendered and to make payments and
Distributions in furtherance of the purposes set forth in the purpose clause
hereof. No substantial part of the activities of the organization shall be the
carrying on of propaganda, or otherwise attempting to influence legislation, and
the organization shall not participate in, or intervene in (including the publishing
or distributions of statements) and political campaign on behalf of any candidate
for public office.
Notwithstanding any other provision of this document, the organization
shall not carry on any other activities not permitted, to be carried on (a) by an
organization exempt from Federal income tax under section 501 (c) (3) of the
Internal Revenue Code, or corresponding section of any future tax code, or (b) by
an organization, contributions to which are deductible under section 170 (c) (2) of
the Internal Revenue Code, or corresponding section of any future federal tax
code.
• Upon the dissolution of the organization, assets shall be distributed for
P g
one or more exempt purposes within the meaning of section 501(c) (3) of the
Internal Revenue Code, or corresponding section of any future Federal tax code,
or shall be distributed to the federal government, or to a state or local
government, for a public purpose. Any such assets not disposed of shall be
disposed of by the Court of Common Pleas of the county in which the principal
office of the organization is then located, exclusively for such purposes or to such
organization of organizations, as said Court shall determine, which are organized
and operated exclusively for such purposes.
•
;0dr3
The date ofesch amendments) adoption: November 1, 2008
Effective date if annHUhie: November 1, 2008
(no more than 90 days after amendment f Ie date)
• Adoption of Am
cndment(s) (CHECK NF)
0 The amendment(s) was/were adopted by the members and the number of votes cast for the amendment (s)
was/were sufficient for approval. ( )
la There are no members or members entitled to vote on the amendment(s), The amendment (s) w
adopted by the board of directors. () as /were
i / /?l;DP
Signature �`/G /,,�.
(By the chairman or vice chairman of the board, president or other officer -if directors
have not been selected, by an incorporator - if in the hands of a receiver, trustee, or
other court appointed fiduciary by that fiduciary)
(Typed or printed naive of person signing)
. (Title of person signing)
Page 3 of 3
• BY -LAWS
OF
FISHERMAN'S LANDING SEBASTIAN, INC.
ARTICLE I - OFFICERS
The principal office of the corporation shall be at: 6945 49 "' Street, City of Vero Beach,
County of Indian River, State of Florida, Zip 32967,
The Corporation may also have offices at such other places within or without this state at
the board may from time to time determine or the business of the corporation may require.
ARTICLE fl —PURPOSES
The purposes for which this corporation has been organized are as follows:
To provide waterfront access to licensed commercial fisherman, aquaculturists, or
• business entities for their commercial harvest of marine organisms or saltwater products and
conduct exhibitions, demonstrations and educational venues to promote and inform the public
about the economic, cultural and historic heritage of Florida's traditional working waterfronts
Working waterfront means (a) activities for the purpose of the commercial harvest of marine
organisms or saltwater products by state - licensed commercial fishermen, aquaculturists, or
business entities, including piers, wharves, docks or other facilities operated to provide waterfront
access to licensed coimercial .fishermen; aquaculturists, or business entities; or (b) activities for
exhibitions, demonstrations; educational venues, civic events and other purposes that promote and
educate the public about the economic; cultural and historic heritage of Florida's traditional
working waterfronts, including the marketing of the seafood and aquaculture industries.
Said organization is organized exclusively for charitable, education-ar and scientific
purposes, including for such purposes, the making of distributions to organizations that qualify as
exempt organizations under Section -50 (c)(3) of the Internal Revenue Code, or corresponding
section of any future federal tax code.
MBL -1
•
• ARTICLE III — MEMBERSHP
1. QUALIFICATIONS FOR MEMBERSHIP.
A.
All members of the Corporation must be approved by the governing board
B.
All members must be free of any criminal record, except for minor traffic
violations
C.
All members must agree to the intended purpose of the Corporation and
dedicate themselves to accomplishing its mission.
D.
All members must sign the Conflict of Interest Policy as adopted by the Corporation.
E.
No member may be a party to or carry on any other activities not permitted to be
carried on (a) by an organization exempt from Federal Income tax under Section 501
(cx3) of the Internal Revenue Code, or corresponding section of any future tax code,
or (b) by an organization, contributions to which are deductible under section 170
(c)(2) of the Internal Revenue Code, or corresponding section of any future federal
tax code.
F.
No member shall participate in activities deemed to be carrying on of propaganda, or
otherwise attempting to influence legislation, or intervene in a political campaign on
behalf of any candidate for public office, through this organization, because of this
organization or on its behalf. This does not preclude an member's right as a citizen
of the United States and any state thereof, from participating in campaigns for public
•
office or the legislative process as a private citizen.
2. MEMBERSHIP MEETINGS.
• TheParual membership meeti�tg of the corporation shall be held
on the rrs day of gust each year except that
if such day be a legal holiday then in that event the directors shall fix a day
not more than two weeks from the date fixed by these bylaws. The
secretary shall cause to be mailed to every member in good standing at his
address as it appears on the membership roll book of the corporation a
notice stating the time and place of the annual meeting.
Regular meetings of the corporation shall be held:
6945 490' Street, Vero Beach, Florida 32967 or any other designated
place as the directors from time to time shall dictate.
The presence at any membership meeting of not less than
t'VO members shall constitute a quorum and shall be
necessary to conduct the business of the corporation; however, a lesser
number may adjourn the meeting for a. period of not more than
• four weeks from the date scheduled by the by laws and
the secretary shall cause a notice of the re- scheduled date of the meeting to
be sent to those members who were not present at the meeting originally
called. A quorum as hereinbefore set forth shall be required at any
adjourned meeting,
A membership roll showing the list of members as of the record
date, certified by the secretary of the corporation, shall be produced at any
meeting of members upon the request 'therefore of any member who has
given written notice to the corporation that such request will be made at
least ten days prior to such meeting. All persons appearing on such
membership roll shall be entitled to vote at the meeting.
3. SPECIAL MEETINGS'.
Special meetings of the corporation may be called by the directors.
The secretary shall cause a notice of such meeting to be mailed to all
members at their addresses as they appear in the membership roll book at
least ten days but not more than fifty days before the scheduled date of
such meeting. Such notice shall state the date, time, place and purpose of
the meeting and by whom called.
MBL -3
No other business but that specified in the notice may be transacted
• at such special meeting without the unanimous consent of all present at
such meeting.
4. FIXING RECORD DATE.
For the purpose of determining the members entitled to notice of
or to vote at any meeting of members or any adjournment thereof, or to
express consent to or dissent from any proposal without a meeting, or for
the purpose of determining the members entitled to receive any
distribution or any allotment of any rights, or for the purpose of any other
action, the board shalt fix, in advance, a date as the record date for any
such determination of members. Such date shall not be more than fifty nor
less than ten days before any such meeting, nor more than fifty days prior
to any other action.
5. ACTION BY MEMBERS WITHOUT A MEETING.
Whenever members are required or permitted to take any action by
vote, such action may be taken without a meeting by written consent,
setting forth the action so taken, signed by all the members entitled to vote
thereon.
6. PROXIES.
Every member entitled to vote at a meeting of members or to
express consent or dissent without a meeting may authorize another person
• or persons to act for him by proxy.
Every proxy must be signed by the member or his attorneys in -fact.
No proxy shall be valid after the expiration of eleven months from the date
thereof unless otherwise provided in the proxy. Every proxy shall be
revocable at the pleasure of the member executing it, except as otherwise
provided by law.
7. ORDER OF BUSINESS.
The
as follows:
1.
2.
3.
4.
5.
6.
7.
8.
order of business at all meetings of members shall be
Roll call
Reading of the minutes of the preceding meeting
Reports of committees
Reports of officers
Old and unfinished business
New business
Good and welfare
Adjournments
8. MEMBERSHIP DUES.
MBL4
•
ARTICLE IV — DIRECTORS
• 1. MANAGEMENT OF THE CORPORATION.
The corporation shall be managed by the board of directors
which shall consist of not less than three directors. Each director shall be at
least nineteen years of age.
2. ELECTION AND TERM OF DIRECTORS.
At each annual meeting of members the membership shall elect
directors to hold office until the next annual meeting. Each director shall hold
office until the expiration of the term for which he was elected and until his
successor has been elected and shall have qualified, or until is prior
resignation or removal.
INCREASE OR DECREASE IN NUMBER OF DIRECTORS.
The number of directors may be increased or decreased by vote of the
members or by a vote of a majority of all of the directors. No decrease in
number of directors shall shorten the term of any incumbent director.
4. NEWLY CREATED DIRECTORSHIPS AND VACANCIES.
Newly created directorships resulting from an increase in the number
of directors and vacancies occurring in the board for any reason except the
• removal of directors without cause may be filled by a vote of a majority of the
directors then in office, although less than a quorum exists, unless otherwise
provided in the certificate of incorporation. Vacancies occurring by reason of
the removal of directors without cause shall be filled by vote of the members.
A director elected to fill a vacancy caused by resignation, death or removal
shall be elected to hold office for the unexpired term of his predecessor.
5. REMOVAL OF DIRECTORS.
Any of all of the directors may be removed for cause by vote of the
members or by action of the board. Directors may be-removed without cause
only by vote of the members.
6. RESIGNATION.
A director may resign at any time by giving written notice to the
board, the president or the secretary of the corporation. Unless otherwise
specified in the notice, the resignation shall take receipt thereof by the board
or such officer, and the acceptance of the resignation shall not be necessary to
make it effective.
MBL -5
•
QUORUM OF DIRECTORS.
. Unless otherwise provided in the certificate of incorporation, a
majority of the entire board shall constitute a quorum for the transaction of
business or of any specified item of business.
g• ACTION OF THE BOARD.
Unless otherwise required by law, the vote of a majority of the
directors present at the time of the vote, if a quorum is present at such time,
shall be the act of the board. Each director present shall have one vote.
PLACE AND TIME OF BOARD MEETINGS.
The board may hold its meetings at the office of the corporation or at
such other places, either within or without the state, as it may from time to
time determine.
10. REGULAR ANNUAL MEETING.
A regular annual meeting of the board shall be held immediately
following the annual meeting of the members at the place of such annual
meeting of members.
1 NOTICE OF MEETINGS OF THE BOARD, ADJOURNMENT.
Regular meetings of the board may be held without notice at such time
and place as it shall from time to time determine. Special meetings ofthe
board shall be held upon notice to the directors and may be called by the
President upon three days' notice to each director either personally or by mail
or by wire; special meetings shall be called by the president or by the
secretary in a like manner on written request of two directors. Notice of a
meeting need not be given to any director who submits a waiver of notice
whether before or after the meeting or who attends the meeting without
protesting prior thereto or at its commencement, the lack of notice to him.
A majority of the directors present, whether or not a quorum. is present,
may adjourn any meeting to another time and place. Notice of the
adjournment shall be given all directors who were absent at the time of the
adjournment and, unless such time and place are announced at the meeting, to
the other directors.
12. CHAIRMAN.
At all meetings of the board the president, or in his absence, a chairman
chosen by the board shall preside.
• 1�BL, -6
13. EXECUTIVE AND OTHER COMMITTEES.
• The board, by resolution adopted by a majority of the entire board,
may designate from among its members an executive committee and other
committees, each consisting of three or more directors. Each such committee
shall serve at the pleasure of the board.
ARTICLE V — OFFICERS
OFFICES, ELECTION, TERM.
Unless otherwise provided for in the certificate of incorporation, the
board may elect or appoint a president, one or more vice - presidents, a
secretary and a treasurer, and such other officers as it may determine, who
shall.have such duties, powers and functions as hereinafter provided. All
officers shall be elected or appointed to hold office until the meeting of the
Board following the annual meeting of members. Each officer shall hold
office for the term for which he /she is elected or appointed and until his
successor has been elected or appointed and qualified.
2. REMOVAL, RESIGNATION, SALARY.
Any officer elected or appointed by the board may be removed by the
Board with or without cause. In the event of the death, resignation or removal
of an officer, the board in its discretion may elect or appoint a successor to fill
the unexpired term. Any two or more offices may beheld by the same person,
• except the offices of president and secretary. The salaries of all officers shall
be fixed by the board.
3. PRESIDENT.
The president shall be the chief executive officer of the corporation;
he /she shall preside at all meetings of the members and of the board; he /she
shall have the general management of the affairs of the corporation and shall
see that all orders and resolutions of the board are carried into effect.
4. VICE - PRESIDENTS.
During the absence or disability of the president, the vice - president, or
if there are more than one, the executive vice - president, shall have all the
Powers and functions ofthe president. Each vice - president shall perform such
other duties as the board.shall prescribe.
5• • TREASURER.
The treasurer shall have the care and custody of all the funds and
securities of the corporation, and shall deposit said funds in the name of the
corporation in such bank or trust company as the directors may elect; he /she
shall, when duly authorized by the board of directors, sign and execute all
contracts in the name of the corporation, when countersigned by the
• MBL -7
• president; he /she shall also sign all checks, drafts, notes, and orders for the
payment of money, which shall be duly authorized by the board of directors
and shall be countersigned by the president; he /she shall at all reasonable
times exhibit his /her books and accounts to any director or member of the
corporation upon application at the office of the corporation during ordinary
business hours. At the end of each corporate )ear, he /she shall have an audit
of the accounts of the corporation made by a committee appointed by the
president, and shall present such audit in writing at the annual meeting of the
members, at which time he /she shall also present an annual report setting
forth in full the financial conditions of the corporations.
6. ASSISTANT-TREASURER.
During the absence or disability of the treasurer, the assistant -
treasurer, or if there are more than one, the one so designated by the secretary
or by the board, shall have the powers and functions of the treasurer.
7• SECRETARY.
The secretary shall keep the minutes of the board of directors and also
the minutes of the members. He /she shall have the custody of the seal of the
corporation and shall affix and attest the same to documents when duly
authorized by the board of directors. He/she shall attend to the giving and
serving of all notices of the corporation, and shall have charge of such books
and papers as the board of directors may direct- he/she shall attend to such
• correspondence as may be assigned to him /her, and perform all the duties
incidental to his/her office. He /she shall keep a membership roll containing
the names, alphabetically arranged, of all persons who are members of the
corporation, showing their places of residence and the time when they became
members.
8. ASSISTANT - SECRETARIES.
During the absence or disability of the secretary, the assistant - secretary, or
if there are more than one, the one so designated by the-secretary or by the
board, shall have all the powers and functions of the secretary.
SURETIES AND BONDS.
In case the board shall so require, any officer or agent bf the corporation
shall execute.to the corporation a bond in such sum and with such surety
or sureties as the board may direct, conditioned upon the faithful
performance of his/her duties to the corporation and including
responsibility for negligence and for the accounting for all property, funds
or securities of the corporation which may come into his/her hands,
•
• ARTICLE VI — SEAL
The seal of the corporation shall be as follows:
ARTICLE VII— CONSTRUCTION
If there be any conflict between the provisions of the certificate of incorporation
and these by -laws, the provisions of the certificate of incorporation shall govern.
ARTICLE VIII — AMENDMENTS
The bylaws may be adopted,
amended or repealed by the members at the time
they are entitled to vote in the election of directors. By- laws may also be adopted,
amended or repealed by the board of directors but an b
repealed by the board may be amended by the members entitled adopted, amended or
hereinbefore provided. vote thereon as
If any by- law regulatin g impending election of directors i adopted, amended
an '
or repealed by the board, there shall be set forth in the notice of the next
members for the election of directors the by- law so adopted, amended, or repealed,
together with a concise statement of the changes made. meeting of P
• MBL9
•
INTERNAL REVENUE SERVICE
P. 0. BOX 2508
CINCINNATI, OH 45201
Date:
BAR 2 6 2009
FISHERMANS LANDING SEBASTIAN INC
C/O CHARLES W. SEMBLER, II
6945 49TH ST
VERO BEACH. FL 32967
DEPARTMENT OF THE TREASURY
Employer Identification Number:
26- 3167943
DLN:
17053242319018
Contact Person:
BRENDA WILKINS ID## 52638
Contact Telephone Number:
(877) 829 -5500
Accounting Period Ending:
December 31
Public Charity status:
170 (b) (1) (A) tvi )
Form 990 Required:
Yes
Effective Date of Exemption:
May 6, 2008
Contribution Deductibility:
Yes
Addendum Applies:
No
Dear Applicant:
We are pleased to inform you that upon review of your a lica
exempt status we have determined that you are ex from t on for tax
under section 501(c)(3) of the Internal Revenue Code from Federal income tax
deductible under section 170 of the Code_ You are also qualified
tax deductible bequests, devises, transfers or i Contributions to you are
or 2522 of the Code. Because this letter could help resolve q 1ed to receive
g your exempt status, you should ke gifts S under section questions
s
regarding P olve any questions
Organizations exempt under section 501 keep It in your permanent records.
as either public charities or private foundations. Code are further classified
a public charity under the Code section(s) listed in the heading I ett;�^ .
We determined that you are
. _._ 9ofthis
Please see enclosed Publication 4221 -PC, Compliance Guide
Charities, for some helpful
exempt organization. information about Your respons bi15Q�(c)(3) Public
es as an
• Letter 947
(DO /CG)
Sincerely,
Robert Choi
Director, Exempt Organizations
Rulings and Agreements
• Letter 947 (DO /CG)
COVER LETTER
• TO: Amendment Section
Division of Corporations
NAME OF CORPORATION: Fisherman's Landing Sebastian, Inc.
DOCUMENT NUMBER N08000004478
The enclosed Articles ojAmendment and fee are submitted for filing.
Please return all correspondence concerning this matter to the following:
Timothy Adams
(Name of Contact Person)
Fisherman's Landing Sebastian, Inc.
(Firm/ Company)
6945 49th Street
(Address)
Vero Beach, FL 32967
(City/ State and Zip Code)
Bsembler @aot.com
E-mail address: to be used for future annuM report notr rcatron
For further information concerning this matter, please call:
Beth Sembler
(Name of Contact Person)
at t 772 ) 473 -1577
(Area Code & Daytime Telephone Number)
Enclosed is a check for the following amount made payable to the Florida Department of State:
❑ $35 Filing Fee ❑ $43.75 Filing Fee &
O $43.75 Filing Fee &
O $52.50 Filing Fee
Certificate of Status
Certified Copy
Certificate of Status
(Additional copy is
Certified Copy
enclosed)
(Additional Copy
is enclosed)
Mallins Address
Street Address
Amendment Section
Amendment Section
Division of Corporations
Division of Corporations
P.O. Box 6327
Clifton Building
• Tallahassee, FL 32314
2661 Executive Center Circle
Tallahassee, FL 32301
s
Articles of Amendment
to
Articles of Incorporation
of
FISHERMAN'S LANDING SEBASTIAN, INC.
(Name of Corporation as currently filed with the Florida Dept. of State)
N08000004478
(Document Number of Corporation (if known)
8
r�<<qH� l,,RY
--- ASSfE�F�ST�It.
Pursuant to the provisions of section 617.1006, Florida Statutes, this Florida Not For Profit Corporation adopts
the following amendment(s) to its Articles of Incorporation:
A. If amendine name, enter the new name of the corporation:
The new name must be distinguishable and contain the word "corporation" or "incorporated" or the
abbreviation "Corp. " or " Inc. " "Company" or "Co. "may not be used in the name.
B. Enter new principal office address, if applicable:
(Principal office address MUST BE A STREET ADDRESS )
• C. Enter new mailine address, if applicable:
(Mailing address MAY BEA POST OFFICE BOX)
D. If amending the registered agent and /or registered office address in Florida, enter the name of the
new registered agent and /or the new registered office address:
Name ofNew Registered Azeni:
New Registered Once Address: (Florida street address)
Florida
(City) (Zip Code)
New Registered Agent's Signature, if changing Registered Agent:
I hereby accept the appointment as registered agent. 1 am familiar with and accept the obligations of the
position.
Signature of New Registered Agent, if changing
Page 1 of 3
•
1 Ifa_mendine the Officers and /or Directors. enter the title and name of each officer /director being
removed and title, name, and address of each Officer and /or Director being added:
(Attach additional sheets, if necessary)
Title
Presidj
Presi
Name
Charles W. Sembler
Timothy Adams
Address Type of Action
6945 49th Street ❑ Add
yArn B .each. F1 19qrj7 ❑ Remove
426 Maple Street E) Add
Sabastian, Ft 32958 ❑ Remove
❑ Add
❑ Remove
E. If amending, or adding additional Articles, enter change(s) here:
(attach additional sheets, ifnecessary). (Be specific)
•
0 Page 2 of 3
The date of each amendment(s) adoption: 9-30 -2011
•Effective date if annlicable: 9'30 -2011 (date of adoption is required)
(no more than 90 days after amendment file date)
Adoption of Amendment(s) (CHECK ONE1
❑ The amendment(s) was/were adopted by the members and the number of votes cast for the amendment(s)
was/were sufficient for approval_
0✓ There are no members or members entitled to votc on the amendment(s). The amendment(s) wastwere
adopted by the board of directors.
Dated 10-14 -2011
Signature
(By the chairman or vice chairman of the board, president or other officer -if directors
have not been selected, by an incorporator — if in the hands of a receiver, trustee, or
other court appointed fiduciary by that fiduciary)
Timothy Adams
(Typed or printed name of person signing)
•
President
(Title of person signing)
Page 3 of 3
•
•
COVER LETTER
TO: Amendment Section
Division of Corporations
SUBJECT: Fisherman's Landing Sebastian, Inc
(Name of Corporation)
DOCUMENT NUMBER: N08000004478
The enclosed Officer /Director Resignation for a Corporation and fee are submitted for filing.
Please return all correspondence concerning this matter to the following:
Timothy Adams
(Name of Person)
Fisherman's Landing Sebastian
(Name of Firm /Company)
6945 49th Street
(Address)
Vero Beach, FL 32967
(City /State and Zip Code)
For further information concerning this matter, please call:
Timothy Adams at ( 772 ) 473 -6580
(Name of Person) (Area Code & Daytime Telephone Number)
Enclosed is a check for $35.00 made payable to the Florida Department of State.
Street Address:
Amendment Section
Division of Corporations
Clifton Building
2661 Executive Center Circle
Tallahassee, FL 32341
CK2E644(08/05)
Mailing Address:
Amendment Section
Division of Corporations
Post Office Box 6327
Tallahassee, FL 32314
•
LJ
•
OFFICER / DIRECTOR RESIGNATION2,0/1OC
FOR A CORPORATION l �g
'A QH i,,RY /°y
;� .
1, Charles W. Sembler , hereby resign as President -**/Mr.
(Title)
of Fisherman's Landing Sebastian, Inc.
(Name of Corporation)
N09000004478 , a corporation organized under the laws of the State of
(Document Number, if known)
Florida
FILING FEE IS $35.00
Make checks payable to Florida Department of State and mail to:
Amendment Section
Division of Corporations
P.O. Box 6327
Tallahassee, Florida 32314
•
Exhibit B
For Lease
Between
City of Sebastian
and
Fisherman's Landing Sebastian, Inc.
•
•
0
0
CITY OF SEBASTIAN
WORKING WATERFRONT COLLABORATIVE
MANAGEMENT PLAN
STAN MAYFIELD WORKING
WATERFRONT PROGRAM
08- 003 -WW1
June 2010
Updated August 2012
2nd Update April 2013
• TABLE OF CONTENTS
Executive Summary
Section 1— Introduction
1540 Indian River Drive — Showcasing Sebastian's Fishing Heritage
1532 Indian River Drive — The Real Working Waterfront
Other Aspects
Section II - Purpose
Supporting the Concepts of the Stan Mayfield Grant
Proposed Working Waterfront Facility Uses
Historic Preservation, While Supporting the Florida Commercial Fisherman
Sebastian's CRA — Supporting the Local Economy by "Priming the Pump'
Creating a Destination
Management Objectives for the Site
Sebastian's Comprehensive Plan
Potential Conflicts with Adjacent Activities
Section III - Site Development and Improvement
FCT Acknowledgement
Existing Physical Conditions —1540 & 1532 Indian River Drive
Stormwater Facilities
Landscaping
Water Quality Protection
Building Requirements
Archeological and Historical Resources
• Permits
Easements
Educational Signs and Displays, Museum
Section IV - Business Activities
Existing Business Activities
Proposed Business Activities
Description of Primary Activities to Occur at Site
Operational Acknowledgement
Current and Future Demand for the Facilities and Activities
Section V — Concessions and Leases
Rents /Royalties Collected at the Site
Identify Existing Concessions and Leases
Submerged Lands Lease and Deed for the Existing Facilities
Section VI — Management Needs
Management
Maintenance
Security
Staffing
Section VII — Cost Estimates and Funding Sources
Structure and Improvement
Maintenance
Security
Staffing
Funding Sources
Section Vlll — Schedule
• Priority Timeline
Section IX — Monitoring and Reporting
Section X — List of Attachments
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EXECUTIVE SUMMARY
The coastal area located adjacent to the Indian River Lagoon was first fished by the Ais
Indians for subsistence and recreation. Fishing would ultimately become the area's
mainstay. By 1884 the town, originally called Newhaven, would not only be
transformed by changing its name to Sebastian, but, mechanical inventions would also
play a large role in establishing the community as a small, yet important fishing village.
It can be argued that the most effective economic stimulus to occur in Florida was the
development of Henry Flagler's Florida East
Coast Railroad, which connected the region to
the Northeastern United States. Combined with
the invention of the ice machine, it became
possible to transport highly perishable products,
like seafood, over long rail distances. Thus,
Sebastian's economy and fishing identity was
born.
In its heyday, Sebastian was home to nineteen
fish houses. Today there are very few remnants
of the fishing industry, although Sebastian is still
home to many of the original fishing families. Hurricanes,
competition, pollution and development have all played a
commercial fishing.
regulation, net bans, foreign
role in the decline of Florida
With financial assistance from the Stan Mayfield Working Waterfront Program,
Sebastian is poised for a fishing industry stimulus and aims to host another first for the
State of Florida — managing the most
successful working waterfront community.
Sebastian has the characteristics that make it a
perfect match for this program. For example,
thanks to the vision of Paul Kroegel and the
federal government, the City is within eyesight
of Pelican Island, the nation's first wildlife
preserve. Sebastian's waterfront is also part of
the Indian River Lagoon national estuary and
only a moment's boat ride to the Sebastian
Inlet — offering easy, quick access to the
Atlantic Ocean. Meanwhile, finfish is making a
comeback and the growing viable aquaculture market — the production of clams and
other marine oraanisms — is successfully or)eratina in Sebastian.
With the Indian River Lagoon's abundant natural resources, various fish and shellfish
populations, deep water access, several free boat ramps, fishing piers and a cultural
• heritage rich with commercial fishing industry, Sebastian is positioned to regain its
prominence as a world class fishing village.
SECTION I. INTRODUCTION
The Sebastian Waterfront Collaborative Grant Proposal represents a public /private joint
effort. All levels of government (City, County, State) will be working with local business
and Fisherman's Landing Sebastian, Inc. (FLS), a non - profit organization, to (1)
rejuvenate the commercial fishing industry; and, (2) provide a destination in Sebastian
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 Sebastian's commercial fishing heritage and stimulate the commercial
fishing industry through the development of a retail /wholesale seafood market/eatery,
renovated fish house, exhibitions, demonstrations, educational venues and civic events.
The sites 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 Agency (CRA)
District.
The location of the Sebastian Waterfront Collaborative will be 1540 and 1532 Indian
River Drive. Currently, the Hurricane Harbor site, located at 1540 Indian River Drive, is
• vacant and has been for several years. The second parcel for the project will be at
1532 Indian River Drive, at what is locally known as the Dabrowski Offshore Marina.
The marina is currently utilized by commercial fishermen and aquaculturists. By using
CRA funds to match the Florida Communities Trust's Stan Mayfield Working Waterfront
Program (FCT /SMWWP) grant funds, the City has the opportunity to use
redevelopment funds for its primary purpose — generating new tax base, and bolstering
the local economy through retail, food, beverage and hotel /motel sales and, most
importantly, job creation. Both properties are underutilized, located within commercial
districts that support working waterfront uses and have approved site plans.
Starting with the northernmost parcel, the collaborative envisions using the Hurricane
Harbor facility (1540 Indian River Drive) as a destination point for a museum, fish
market/eatery and assembly area for demonstrations and educational events. The
Dabrowski property (1532 Indian River Drive) will serve as the backbone of the
"working waterfront" — the actual commercial fishing dock.
1540 Indian River Drive - Showcasing Sebastian's Fishing Heritage
The 1540 Indian River Drive site is comprised of 5 parcels totaling 2.29 acres. This
facility is immediately north and adjacent to the Dabrowski Offshore Marina. 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 is probably most
infamously known for liquor smuggling "rum running" from the Caribbean into the United
States during the Prohibition years from 1919 to 1933. The owner and entrepreneur,
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• Bob McCain, was later arrested and imprisoned by the federal government. Hence, it is
part of the City's vision to keep the history of the building alive by using its rustic charm
to showcase Sebastian's Commercial fishing heritage.
Inside, the building will include artifacts and exhibits of Sebastian's fishing heritage with
a focus on how environmental stewardship can assist and augment the commercial
fishing industry. The City is seeking other partnerships with local historic societies, the
environmental learning center and with the Department of Agricultural /Consumer
Services in order to fund and operate a fishing heritage museum. The facility will also
host demonstrations and educational events aimed at enriching visitors with information
about commercial fishing or teaching commercial fishing trades. Illustrative examples
of educational programming include demonstrating how to clean fish, how to craft crab
traps, recipe /cooking forums and historic lectures from local fishing families.
The other major component of the Hurricane Harbor will be a fish market/eatery, where
visitors will have the ability to taste for themselves some of Sebastian's "Tastiest Catch"
in a limited food service menu. The City solicited proposals from qualified vendors and
will utilize a portion of Hurricane Harbor to be run as a retail fish market and eatery.
The fish market portion of the operation will offer a broad variety of Florida seafood,
daily catch specials, recipes, and provide a focus on locally produced seafood and
aquaculture. The fish eatery will be a limited food service, snack bar, counter service
concept. Limited food service means foods such as steamed clams, clam strips, fish
sandwich, soups or the "catch of the day" prepared to go or casual dine -in service (no
• table waiting staff). The eatery seeks a rustic ambiance that links visitors with the fish
market, working waterfront experience, and cultural history of days gone by.
1532 Indian River Drive — The 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 fish house, providing an ice
house, housing aquaculture operations and linking the properties together with water-
side docks.
The Dabrowski Offshore Marina site provides one of the few deep water commercial
docks still in existence with a running aquaculture venture. The fish house was
destroyed in the 2004 hurricane season but has potential for being rebuilt.
Through the existing partnership with Fisherman's Landing Sebastian, Inc. (FLS), a
vendor for the provision of ice will be sought. It is anticipated that 40,000 — 60,000
pounds of ice will be produced each day. The facility would be built into the south side
of the facility where it is 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.
• Also planned for this facility is a "wet exhibit" area offering "hands -on clams." The
actual location may be shared between locations or as part of the Dabrowski Offshore
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• 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.
Other Aspects
Both parcels (1532 and 1540 Indian River Drive) are within the City's Community
Redevelopment Agency (CRA) district, are adjacent to the Indian River Lagoon, an
aquatic preserve and part of the national estuary. The City acknowledges that the
project site(s) will be developed in accordance with the Declaration of Restrictive
Covenants. These two parcels complete the Waterfront Collaborative project and
there are currently no plans for future acquisitions.
Adjacent and to the south of the Dabrowski Offshore Marina parcel 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 mile to the south as well as several other passive park riverfront
parcels (including the Yacht Club Boat Ramp and Riverview Park). Both boat ramps
currently offer parking and are operated year round, free of charge. These sites are
shown on Attachment 1.
• SECTION II. PURPOSE
All parcels will be managed in accordance with Florida Statutes as a working
waterfront. This section of the Management Plan will describe the primary propose of
the Waterfront Collaborative, how it matches the intent of the Stan Mayfield Grant
and how it will function as a community redevelopment district tool.
•
Supporting the Concepts of the Stan Mayfield Grant
The Stan Mayfield Working Waterfront Grant Program has two components. Those
being in support of:
(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.
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The Waterfront Collaborative will address both concepts by using the Dabrowski
Offshore Marina facility for the activities listed in part "a" and the Hurricane Harbor
facility for the activities listed in part "b ".
Proposed Working Waterfront Facility Uses
The specific operational activities will be fully described in Section IV - Business
Activities of the Management Plan. In a summarized format, below are operational
concepts to be considered at the waterfront facilities:
➢ Retail Fish Market and Eatery - Promotion of the Florida seafood industry by offering
seafood, aquaculture and limited food service at the 1540 Indian River Drive
location.
➢ Museum — Interactive and static displays showing Sebastian's fishing heritage at the
1540 Indian River Drive location.
➢ Assembly Area — The 1540 Indian River Drive facility will also host community
meeting areas for various educational and cooking seminars.
➢ Special Events — Fundraising activities that augment capital and recurring expenses
that are required to directly benefit Florida commercial fishing operations.
➢ Interpretive Kiosks — Interactive signage throughout the working waterfront.
➢ Touch Pools - "Wet" Exhibits displaying clam raceways, showing clams from
seedling size to various stages of development.
• ➢ Ice Depot — Provision of ice for commercial fishing.
➢ Smoke House — On site retro -style seafood cooking facility.
➢ Dock — Commercial dockage available for lease to commercial fisherman.
➢ Fish House — Rebuild the historic "above water" fish house structure.
➢ "Retro" Rail System — Install railroad and push car system for the transport of
materials and product throughout the facilities.
➢ Boardwalk - Expansion of the docks from the Sembler property through the
Dabrowski site and to Hurricane Harbor.
➢ Aquaculture — Operation of clam cultivation chambers and other marine organisms
for commercial and educational purposes.
➢ Micro Business Incubator — As space is available, making small leases available to
businesses that have a direct link/benefit to Florida commercial fishing.
Due to the configuration of the facilities the above activities shall roughly be developed
for operation between the sites as follows
➢ Dabrowski Offshore Marina — Commercial fishing dockage; restored fish house with
viewing area to see fish packaging /shipping caught by Sebastian's fishing families;
aquaculture operations; aquaculture "touch" exhibits; linear decks connecting
facilities, benches provide seating to enjoy the river view along the decks; and, an
ice house.
• ➢ Hurricane Harbor — Retail fish market/eatery; museum /educational venue with
interactive displays; and, other micro businesses that support commercial fishing.
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• 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.
Historic Preservation, While Supporting the Florida Commercial Fisherman
Both sites (1540 and 1532 Indian River Drive) seek to preserve the history and future of
commercial fishing in Sebastian. By acquiring one of the few commercial marinas 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 a 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 goal, the City will develop partnerships for site management
and development.
Sebastian's CRA — Supporting the Local Economy by "Priming the Pump"
Once the purchase and redevelopment of the Hurricane Harbor and Dabrowski sites are
complete, a significant destination point for residents and visitors will have been
created. This asset, located in the Sebastian Redevelopment Agency (CRA) district will
generate public and private revenue from visitors and residents, who come to see, learn
• and explore our commercial fishing ecological and historical roots. In order to justify this
statement, the following data is provided.
Cultural and heritage tourism is one of the fastest growing segments of the travel
industry. By exploring the historic exhibits 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 and
gas; thereby, generating revenue through the bed tax, sales tax and gas tax.
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 estimates that historic tourism is the third leading generator of tourism dollars
in Florida. By marketing its historic value, Sebastian's Waterfront Collaborative will
tap into the historic tourism market in order to help stimulate the local economy. The
State, through the Cultural Council, estimates that a "day- tripper" spends anywhere
from $71 -$77 per person per day. Day trippers are visitors to the area that may come
• for an event (i.e. a festival) or simply come to dine at a local restaurant. If an overnight
stay is included this figure becomes $135 -$156 per person per day.
• Newer figures from 2008 Florida Visitor's Association (VISIT FLORIDA) indicate the
demographics of people visiting the central east Florida region (i.e. Brevard and Indian
River Counties) are reflective of the target market for visiting the Sebastian Working
Waterfront:
➢ Mostly couples (45 %) in 2008.
➢ 40% 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.
Creating a Destination
A desired outcome of the project is to advertise Sebastian as a place were visitors and
• commercial fishermen alike will find "the tastiest catch ". Part of the collaborative plan is
to have the Hurricane Harbor and Dabrowski properties 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.
Management Objectives for the Site:
Management objectives for the Waterfront Collaborative shall be:
1) Protect and promote commercial fishing by providing dockage for licensed
commercial fishing vessels.
2) Protect commercial fishing by providing an area for the packing /shipping of
freshly caught seafood and aquaculture products.
3) Rebuild the historic fish house which will once again serve the area with
seafood /aquaculture unloading and packing facilities.
4) Provide information to day trippers, residents and local school districts (via field
trips) on the history of Sebastian's working waterfront.
5) Showcase local seafood at the fish market/eatery.
Sebastian's Comprehensive Plan
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
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• plan is to protect the "historic fishing village" of Sebastian by preserving waterfront type
businesses associated with commercial fishing.
The Future Land Use (FLU) and Land Use designations assigned to 1540 and 1532
Indian River Drive are both Riverfront Mixed Use (RMU), as shown on Attachment 2.
The RMU designation supports the working waterfront and commercial fishing uses.
Further this use designation promotes and preserves Sebastian's "Old Florida Fishing
Village" heritage. Illustrative uses allowed in RMU include wet or dry storage of boats,
boat sales or rental, bait and tackle shops, fish markets /packing houses, restaurant and
accessory uses for the fishing industry.
Therefore, no change to the FLU is anticipated.
The zoning currently in place is Commercial Waterfront Residential (CWR). The CWR
zoning allows and promotes all uses proposed at the sites. Also note, that the proposed
site 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. Illustrative 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.
. Further, there are several policy statements in the City's Comprehensive Plan that
support the working waterfront:
➢ Policy 1 -1.2.3 -Protect Heritage Industries including citrus and aquaculture.
➢ Policy 1 -1.7.2 - 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 -2.9.6 - 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
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.
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 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
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• the site are restaurants and motels. The development of the site as a commercial
working waterfront described is consistent with the existing mixed use activities.
There may be 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.
SECTION III. SITE DEVELOPMENT AND IMPROVEMENT
The project has a number of existing facilities that can accommodate the proposed
activities envisioned for the site. Most of the facilities need restoration, rebuilding or
repair.
FCT Acknowledgement
In order to recognize the largest partner in the project, the City will construct and install
at least one acknowledgment sign identifying the Project Site being purchased with
funds from "The Stan Mayfield Working Waterfront Grant Program — Funded Through
the Florida Communities Trust ". 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 " "The Stan Mayfield Working Waterfront Grant Program —
Funded Through the Florida Communities Trust" and operates as a Working Waterfront.
Existing Physical Conditions — 1540 & 1532 Indian River Drive
The Hurricane Harbor (1540 Indian River Drive) site is 2.29 acres composed of five
parcels. The building is approximately 6,530 sq. feet, formerly a restaurant with bar. In
addition, there are 2,674 sq. feet of deck/tiki bar /outdoor area.
Specifically, the site includes an existing building that has been a restaurant. Currently,
the building is currently. There is an outside deck, tiki bar, and dock facility. There is a
parking area more fully described in the next paragraph. There is outdoor storage on
the north side available for fishing gear. The dock at the site is approximately 165' long
x 6.5' wide.
There are two parking lots at the Hurricane Harbor facility. They are on both east and
west sides of Indian River Drive. The parking area is very large and could potentially
accommodate future expansion for building facilities or additional parking. Paved
handicap parking is available on the east side of Indian River Drive (north of the
building). On the west side of Indian River Drive there are 105 parking spaces,
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• including 4 handicapped accessible parking spaces. Parking is primarily situated for
cars. The west parking is currently an unpaved, gravel lot with concrete parking stop
delineators. At this time there are no plans to pave the parking lot. The southern portion
of the west parking will be set aside to accommodate working waterfront operations for
boat trailers and larger commercial vehicles involved in the fishing and aquaculture
activities to be located at 1532 Indian River Drive.
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 multi -modal
transportation uses along the riverfront.
Because the Hurricane Harbor site has been vacant for at least two years, it is in need
of some repair. Primary repair activities include roof repair; remove derelict kitchen
equipment; upgrade refrigeration; minor structural repair; ADA accommodations; other
rustic ambiance enhancements; painting; air conditioning; and, landscaping. The repair
and operational activities will be further described in Section IV — Business Activities.
The Dabrowski /Offshore Marina (1532 Indian River Drive) site is .25 acres of land with
.75 acres of submerged land. Currently, the site is a functioning working waterfront.
The site has a recently renovated dock system. The site also has a functioning
• aquaculture operation and a fish house; however, the historic fish house was severally
damaged in the 2004 hurricanes and is open to the elements.
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Specifically, the overall dock configuration is a "U- shape ", with a single dock extending
out from the shoreline 41' to a platform where the fish house originally sat. From there,
two piers extend out 125' each forming the "U "; thereby, providing a turning basin for the
boats to moor and unload. The fish house is approximately 800 square feet and needs
to be redeveloped. The parking surface is unimproved.
Stormwater Facilities
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 workforce 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 Dabrowski site will be evaluated at
the time of development by the City's Community Development staff and through the
permitting requirements of St. John's River Water Management District.
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Landscaping
• The Hurricane Harbor site is currently landscaped. A small amount of replacement
landscaping is required for pieces that have died (one queen palm and hedge on the
west side parking lot). The site is heavily covered in trees, although most are in need of
pruning.
C.
This photo is from the west side of Indian River Drive, looking east toward the Hurricane
Harbor Facility.
The next photo shows the southern edge of the parking lot west of Indian River Drive.
The site contains more than 70 trees including combinations of natives and tropical
• species such as Live Oak, Wax Myrtle, Pin Oak, Sabal Palm, Queen Palm, Foxtail and
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Bismarck Palms. There are also several very large trees and one old Banyan tree (not
• shown in the photos).
Below shows additional landscape which requires some maintenance on the west side
parking lot.
• Landscape plantings in the "center divide" of the west side parking lot.
The Dabrowski site requires new landscaping areas and hedges to increase the
aesthetics of a working marina. Trees will be planted concurrently with the fish house
• redevelopment to meet the City's Land Development Code requirements.
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• Stand of trees on the Dabrowski /Offshore Marina facility.
Native plant species will be used on both sites whenever possible with plant preference
given to those that are salt tolerant and drought tolerant such as Zamia (cardboard and
coontie varieties), buttonwood (in silver or green), fakahatchee grass, viburnum,
cordyline (ti plant), and wild coffee. Trees utilized will emphasize natives including
Southern Magnolia, Silver or Green Buttonwood, and Live Oak.
• Attention will also be paid to removal of exotic and invasive species. For example, there
is a small stand of Australian Pine (casusrina glauca) on the east river coast line
between the Dabrowski and Hurricane Harbor properties.
A small amount of Brazilian Pepper (schinus terbinthifolius) must also be removed on
the west side of the properties. The City agrees to removing exotic and nuisance
species from the site within 180 days of acquisition, utilizing the current FLEPPC list
(see Attachment 3). Brazilian Pepper will be removed using "best practices" methods.
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• The City will monitor the site annually for nuisance and exotic species. City Staff
currently monitors a number of City owned facilities, so these parcels can be easily
included in a regular assessment.
Water Quality Protection
Both sites have constructed stormwater systems. As stated, the Hurricane Harbor site
has an installed stormwater management system that is in compliance with water
management district requirements. The City will remove nuisance species from the
stormwater ditch. There is no direct stormwater discharge from the Hurricane Harbor
site, which requires SJRWMD approval. 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,
considerations for planting spartina alternif/ora (shoreline grasses) along the shoreline
will be made.
Stormwater improvements for Dabrowski will 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.
Building Requirements
Both properties are within the coastal hazard area, thus any building permits will meet
required wind load for exposure zones for the national flood insurance program, and
State of Florida building codes.
Archaeological and Historical Resources
No known archeological artifacts exist, but if items are discovered, the City will contact
SHPO immediately. It is anticipated that several local families will donate items of
historical significance to the working waterfront program for displays. The City will
provide interpretive signage for historic resources. While fishing is a historic industry,
the fish house 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.
Permits
The City of Sebastian maintains Florida Department of Environmental Protection
Submerged Lands Lease #310006484 for operation of the working waterfront
(Attachment 4). The lease covenants permit the operation of a working waterfront and
renovation of a over -water structure, provided the footprint is the same.
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• Health Department inspections /permit will be required for the sale of fresh seafood and
limited food service.
City of Sebastian Building Department permits were received for improvements at 1540
Indian River Drive and will be required for the renovations scheduled at 1532 Indian
River Drive. Aspects that require building permits will be issued through the City of
Sebastian's (COS) Building Department or Indian River County, which ever applies.
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 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.
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
educational programming concerning the economic, cultural or historic heritage of
Florida's traditional Working Waterfronts. These types of displays will include
information about the region's "first fishermen" — the Ais Indians and early settlers - up
through "today's fishing families ". Displays will also include information on the historic
clam 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 story telling performed by
members of older fishing families informing the new generations about fishing history
and days - gone -by.
The largest "restorative" need on the Hurricane Harbor site is to redevelop the Florida
"fishing village vernacular" architectural style by converting the foam roof to a metal
roof. This will be completed as funding permits.
• 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
17
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.
SECTION IV. BUSINESS ACTIVITIES
Existing Business Activities
At the time FCT purchased the Hurricane Harbor facility and dedicated it the City, the
facility had no activity and was a vacant, decaying former full service restaurant/bar.
Through the City's procurement process and its .partnership with Fisherman's Landing
Sebastian (FLS), there is now a tenant and subtenant leasehold with Indian River
Seafood, Inc. for management of the fish market and eatery. FCT has reviewed these
documents as of October 2011 and the City is in the process of returning these
documents to the State.
At the time FCT purchased the Dabrowski Offshore Marina and dedicated to the City, it
functioned as a commercial fishing marina with an aquaculture operation (raceways and
upwellers). The existing business activities consist of commercial dock rental,
aquaculture operations, commercial slip rental and some processing of fish (packing,
sorting, etc) on a daily basis. There had been contractual arrangements between the
fishermen and the Dabrowski Trustees. These fisherman ultimately formed
Fisherman's Landing Sebastian, Inc. (FLS). Now, there is a lease between the City and
FLS. FCT has reviewed these documents as of October 2011 and the City is in the
process of returning these documents to the State.
Proposed Business Activities
Business activities occurring at the site will be divided in categories that are (1) Primary
to the support of commercial fishing; and, (2) Ancillary to the support of commercial
fishing. Below is a general listing of primary and ancillary business activities that will
occur on the site (1540 and 1532 Indian River Drive):
➢ Retail Fish Market and Eatery - Promotion of the Florida seafood industry by offering
seafood, aquaculture and limited food service at the 1540 Indian River Drive
location.
➢ Museum — Interactive and static displays showing Sebastian's fishing heritage at the
1540 Indian River Drive location.
➢ Assembly Area — The 1540 Indian River Drive facility will also host community
meeting areas for various educational and cooking seminars.
➢ Special Events — Fundraising activities that augment capital and recurring expenses
that are required to directly benefit Florida commercial fishing operations.
➢ Interpretive Kiosks — Interactive signage throughout the working waterfront.
18
• ➢ Touch Pools - "Wet" Exhibits displaying clam raceways, showing clams from
seedling size to various stages of development.
➢ Ice Depot — Provision of ice for commercial fishing.
➢ Smoke House — On site retro -style seafood cooking facility.
➢ Dock — Commercial dockage available for lease to commercial fisherman.
➢ Fish House — Rebuild the historic "above water" fish house structure.
➢ "Retro" Rail System — Install railroad and push car system for the transport of
materials and product throughout the facilities.
➢ Boardwalk - Expansion of the docks along the shore line and to various points along
the Dabrowski and Hurricane Harbor sites.
➢ Aquaculture — Operation of clam cultivation chambers and other marine organisms
for commercial and educational purposes.
➢ Micro Business Incubator — As space is available, making small leases available to
businesses that have a direct link/benefit to Florida commercial fishing.
Description of Primary Activities to Occur at Site
The facilities at 1540 and 1532 Indian River Drive offer many redevelopment
opportunities that will support the mission of the Stan Mayfield Working Waterfront grant
program. The Waterfront Collaborative will be host to these activities. The primary
activities will include, but not necessarily be limited to:
• ➢ Historic Fish House Restoration - The Waterfront Collaborative proposes to
redevelop the fish house at 1532 Indian River Drive in order to provide a location for
commercial fishing vessel dockage, incubation /harvesting of aquaculture, and the
preparation of freshly caught fish for wholesale. In order to commence these
activities, a retrospective restoration of the fish house is required.
•
Cost considerations for fish house restoration is dependent on: (1) the level of State
permitting required for (i) a structure that sits above the water; and, (ii) single or two -
story facility design concepts; and, (2) the ability of FLS to generate construction
funds. The first concern — regulation concerning an above water structure — is
significant because professional services are required to conduct preliminary design
on how the foundation of the existing fish house is repaired. The second cost factor
— single or two -story building — centers on handicap accessibility requirements.
The current fish house retrospective concept retains the original "footprint" of the
building. This "bottom level" will be modeled after a classic "open floor" fish house
utilizing a rail transport system and providing 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, weighed, iced, packed and transported to the truck loading area
using a vintage rail system. The second story of the fish house will provide an
observation platform for visitors to witness the operations of the working waterfront.
19
• However, this concept may prove too costly, as initial design research indicates that
ADA requirements may call for elevator access to the second floor observation area.
If costs prove too great, then a one -story concept will be developed, providing a
same floor observation area.
Installation of a "retro" style push -car rail system is another concept that may be
considered. Conceptually, the rail system would link the "U" shaped operational
docks with the fish house and other docks at 1532 and 1540 Indian River Drive for
the purpose of loading /unloading ice, bait, equipment, vessel supplies and caught
product. The concept would not only be a functional waterfront operation; but, also
serve as a reminiscent visitor attraction.
At this time, it is estimated that the redevelopment of the fish house may range from
$350,000 - $750,000.
➢ Enhancement of Aquaculture - The Dabrowski facility currently hosts functional
aquaculture operations. However, a relocation or further renovation may be
considered; thereby, allowing for better visibility in an educational venue and, if
required, to accommodate the expansion of a single -story fish house concept.
➢ Retail Fish Market(Eatery - With the unique features of the 1540 Indian River
Drive building, a portion of the facility will host a retail fish market and eatery. The
• fish market will support the commercial fisherman by offering a retail /wholesale
outlet in the immediate vicinity of the actual working waterfront (1532 Indian River
Drive). This location will assist commercial fishermen by providing an immediate
sale point for locally caught seafood or aquaculture.
In addition, the retail fish market will have an eatery component offering limited food
service. Operational guidelines of the Retail Fish Market/Eatery will be as
specifically defined below:
• FOOD SERVICE - Food serve at the site will be in keeping with the nature of a seafood
shack, seafood eatery or seafood caf6; whereby, food and drink orders are taken and paid for
at an identified location. There shall be no wait staff for the purpose of taking food /drink
orders from multiple locations.
As construction of the entire project progresses, the fish market will provide a connection
between the purchase of retail seafood at the market and the immediate
preparation /consumption of the product at the eatery.
• FOOD SERVICE CONSUMPTION - Food and drink consumption may take place in seating
areas provided by the eatery or taken and consumed while enjoying /visiting the other
amenities provided at the site. Illustrative examples of the site include, but are not
necessarily limited to, consuming seafood in the common areas of the 1540 Indian River
Drive building; eating in areas where visitors can enjoy the view and ambience of the site
from the river view decks; or, eating while watching fishing operations from the observation
area at the fish house.
• ✓ BEER AND WINE SERVICE — The City recognizes that beer and wine consumption may
take place at the site and will complement the rustic fishing heritage ambience being
►K11
• developed. Any such consumption of beer and wine will be in strict conformity with
regulations promulgated by the State of Florida, Indian River County and the City of
Sebastian. There shall be no liquor service or consumption of liquor at the site. Further, the
City acknowledges that, from time to time, the facilities may host educational field trips. At a
time when any such educational event hosts minors, beer and wine will not be consumed,
dispensed or displayed at the sites before noon.
✓ SEATING CAPACITY — The eatery shall provide no more than six (6) tables. Each table shall
not seat more than 4 persons. Tables shall be located in the eatery portion of the facility as
identified on the attached site plan. Due to the existing configuration of Hurricane Harbor's
previous restaurant set -up, the old bar shall only function as a food service or consumption
counter. In addition to the table capacity previously mentioned, there shall be no more than
10 stools at the service counter area.
✓ EXISTING OUTSIDE DECKS AND "TIKI BAR" — Eatery delivery service will be limited to the
location specifically leased for the food eatery (see attached site plan). Food service shall
not be ordered or delivered by wait staff to any other location, such as the common areas,
outside deck areas, tiki bar, or fish house observation area. Tables and chairs may be
placed on the outside decks and other common areas as shown on the site plan; however, no
food service delivery will be provided in these areas.
• "BAR" AND "RESTAURANT" REFERENCE - All reference to "bar" and "restaurant" shall be
prohibited.
• FRESH FROM FLORIDA MEMBERSHIP — In order to ensure that operations at the retail fish
market/eatery support the Florida commercial fishing industry the proprietor of the
market/eatery shall be a member of Fresh from Florida and display Fresh from Florida
• materials.
• SITE PLAN — Attachment 5 shall serve as the eatery layout.
➢ Special Events — From time to time, but not to exceed two (2) times per year,
special events may be conducted. The purpose of such event will be to fund raise
for Fisherman's Landing Sebastian (FLS) which is a partner in the Waterfront
Collaborative and their mission directly supports the commercial fishing industry.
All special event revenue generated by such special event will be used to fund
capital improvements at the facility and /or pay operating expenses required to
manage the working waterfront. At such events, the playing of live music, such as
live bands, DJ's or karaoke, may be permitted. In any such case, the special event
shall be governed by all requirements of a Temporary Use Permit issued by the City.
➢ Museum /Educational Forum — A limited square footage of the Hurricane Harbor
facility will be designated for fishing artifacts to be displayed. Historic pictures and
fishing memorabilia will also be displayed throughout the facility to educate visitors
about Sebastian's fishing heritage.
From time to time, an area in the lower "railed" portion of Hurricane Harbor (see site
plan) will be reserved for educational forums. Such forums will provide information
to the public about commercial fishing techniques; crab trap /fish net/bait assembly;
• and, cooking /preparation of seafood and special receipts. Through a partnership
21
• with the Florida Department of Agriculture, the theme "tastiest catch" will be
marketed to support the commercial fishing industry.
➢ Ice Depot — Provision of ice to commercial fishermen will be established at the site
in order to assist commercial fishing.
➢ Docks — Commercial dockage available for lease to commercial fishermen, possibly
including a fuel facility only for use by fishermen.
Operational Acknowledgement
The listed operational components of the Waterfront Collaborative are illustrative in
nature. City stipulates that the concepts provided herein are the primary goals of the
grant. However, this will not necessarily preclude amendments to the Management
Plan. The City acknowledges that any amendment requires review and approval by
FCT. In such event, the City will provide FCT 60 days prior written notice and provide
written information for such operational modification. Any such amendment will not be
executed without the prior written approval of FCT.
Current and Future Demand for the Facilities and Activities
The primary customers intended to patronize the Waterfront Collaborative are "day
• trippers " - those traveling to the area within a 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 Section II — Purpose — "Priming the Pump" for detailed demographic information.
SECTION V. CONCESSIONS AND LEASES
Rents /Royalties Collected at the Site
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.
Identify Existing Concessions and Leases
Prior to FCT purchase of the site:
(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.
22
• Since June 2010, the City has requested FCT recognize and review two lease for the
operation and management of this business plan. As of November 1, 2011, FCT has
reviewed and provided lease approval guidelines. The City will implement those leases,
pending final execution by FCT:
(a) Fisherman's Landing Sebastian, Inc, a 501(c)(3) not for profit corporation has
been issued a lease for the redevelopment and management of 1532 Indian
River Drive.
(b) Indian River Seafood, Inc. (IRS) — the City has assumed the former FLS
sublease with IRS that leases a portion of the Hurricane Harbor facility for the
operation of the fish market/eatery.
Any other lease proposal, sublease or modification thereto, will be properly vet with FCT
for 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 Lands Lease and Deed for the Existing Facilities
• (a) Hurricane Harbor Site — Has a Deed for the Board of Trustees of the State of
Florida for their submerged land (attachment 4).
(b) Dab rows ki/Offs hore Marina (attachment 4).
The City will annually provide 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 wet
slip certification forms and any fees due for the use of sovereign submerged land within
the leased area.
SECTION VI. MANAGEMENT NEEDS
Management
As provided in the previous Section, the City has prepared lease agreements for the
execution of the grant management plan. The City reserves the right to form or uphold
public /private partnerships that may be or have already been consummated, provided
the partnerships are beneficial to advancement of the Florida commercial fishing
industry. Any such lease modification or partnership shall require FCT review and
approval.
Maintenance
• The City staff will ensure that either City Staff or the managing partner will:
23
• 1) Perform regular mowing, pruning of landscaping.
2) Keep the property free of trash, litter and debris.
3) Maintenance of the docks and other facilities that are redeveloped.
All maintenance will be conducted either by City Staff (from the Public Works
department) or through the FLS partnership.
Security
The City will ensure that both sites are secure.
Additionally, the Sebastian Police Department (SPD) will conduct routine patrols at the
site in order to protect against vandalism, theft, etc. The best protection against these
types of crime is to operate the facility instead of the property sitting vacant.
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 full time employment positions. The City
• will work with FLS and the Sebastian Historical Society to provide volunteers to conduct
museum activities, similar to the existing staffing for the Sebastian Historical Museum
operating next to City Hall.
SECTION VII. COST ESTIMATES AND FUNDING SOURCES
Structure and Improvement
Since accepting dedication of the properties from FCT, the City has moved forward with
repair and management of the grant management plan. As of November 2011, below
provides an update on site restoration activities:
➢ Hurricane Harbor Site:
ITEM
ORIGINAL BUDGET
ACTUAL BUDGET
Electric Renovations
$60,000.00
$29,189.33
Roof Repair
75,000.00
17,885.00
Structural Improvements*
30,000.00
53,810.54
Plum bi ng/Restroom
20,000.00
11,450.10
A/C
20,000.00
1,490.00
Painting
5,000.00
-
odifications
2,500.00
•Kitchen
19,647.96
24
• Freezers
Landscape
Contingency
Labor
Professional Services
Government Permits /Other
Contractor Draw
TOTAL PROJECT 250,000.00
31,133.13
- 2,297.21
37,500.00 1,219.00
- 65,990.84
- 1,715.00
- 5,760.90
- 15, 000.00
589.01
The funding mechanism for these improvements were the Sebastian CRA. As
additional improvement are made, the City will solicit grants and seek other funding
mechanisms.
➢ Dabrowski Offshore Marina - See Section IV — Business Activities — Historic Fish
House proposal for the reconstruction budget of this facility. The Lease between the
City and FLS requires that all marina improvements will be conducted and
maintained by FLS.
Maintenance
Annual costs are estimated at $18,000 per year for insurance, utilities, janitorial, various
maintenance, submerged land lease, and other unforeseen items. Maintenance of the
• docks and raceways will be solely the responsibility of FLS.
Security
•
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.
25
• SECTION VI11. SCHEDULE
•
PRIORITY TIMELINE
SEE ATTACHMENT 6 - MASTER SITE PLAN & PROPOSED IMPROVEMENTS
SECTION IX. MONITORING AND REPORTING
The City's Community Development Department will prepare an Annual Stewardship
Report, due October 30th of each year, in order to evaluate 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 wet slip certification
26
. 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.
SECTION X. LIST OF ATTACHMENTS
1. Location and Public Lands Map showing the project site and other Working
Waterfront facilities and /or business in the area.
2. Future Land Use Map.
3. FLEPCC list of nuisance and exotic species.
4. A copy of the existing Submerged Lands Lease for the Dabrowski property, and
the Board of Trustee Deed for Hurricane Harbor Submerged Lands.
• 5. 1540 Indian River Drive — Hurricane Harbor Facility — Operational Floor Plan.
6. Master Site Plan and Proposed Improvements.
• Compliance letters from DEP.
• Copy of the Stan Mayfield Working Waterfront Grant Contract.
• Copy of the Declaration of Restrictive Covenants.
0
27
Attachment 1 — Location & Public Owned Lands
Archie Smith Fish House
(owned by Indian River Co.) \
1 \
\
AY
y i
\ \ !
Working Waterfronts Acquisition
�_. '\• (former Hurricane Harbor and
Dabrowski /Offshore Marina parcels)
\ -- Sembler parcel
(privately owned)
--
T' \• ., ; \ \ ` JVlain Street Boat Ramp
(City owned)
•cavcF
y
HOME OF PELICAN ISLAND -
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FUTURE LAND USE MAP 2025
Feet
CONSERVATION COMMERCIAL LIMITED [=CRABOUNDARY
0 1,500 3,000 6,000
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AGRICULTURE (Max. 1 du /5acres) �'. COMMERCIAL GENERAL � CITY BOUNDARY
I AN1) DT's)Cj'V �I^� �,Cj�. \')-iC3'*IS
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VERY LOW DENSITY RESIDENTIAL (Max. 3 du /ac) - COMMERCIAL 512 ® COASTAL HIGH HAZARD AREAS
LOW DENSITY RESIDENTIAL(Max. 5 du/ac) RIVERFRONT MIXED USE WATER
I L10 North Orlando Avenue
MOBILE HOME (Max. 5 du /ac) - INDUSTRIAL
Suite Z95
mE. MEDIUM DENSITY RESIDENTIAL (Max. 8 du /ac) INSTITUTIONAL
Hinter Park. Florida 3Z789
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Exl I .... t P 1 t..l ... .1 :a
-
` ..j 9 List ' .9 & ve p e c
�rpose of the List: Totocus 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 orgeographic range
of the problem, but on the documented ecological damage caused.
FLEPPC
Gov.
Reg.
Scientific Name
Common Name
Cat.
List
Dist.
Abrus precatorius
rosary pea
I
N
C, S
Acacia aunculijormis
earleaf acacia
I
C, S
Albizia julibrissin
mimosa, silk tree
1
N. C
Albizia lehbech
woman's tongue
I
C, S
Aichsia a'enata (A. crenulata misapplied)
coral ardisia
I
N, C, S
Ardisia elliptica (A. humllis misapplied)
shoebtttton ardisia
1
N
C. S
Asparetgecs acthiopicus (A. sprengcri;
asparagus -fern
t
N. C, S
A. densifloru.s misapplied)
Bauhinia varicgoto
orchid tree
1
C, S
Bischofia javanica
bishopwood
I
C. S
1 j9hyllwn antillanum
santa maria (names "mast wood,"
I
S
ealaba and C. inophylhon misapplied)
"Alexandrian laurel" used in cultivation)
cuuanna equisetifolia
Australian -pine, beach sheoak
I
P. N
N, C. S
Casuarina glauca
suckering Australian -pine, gray sheoak
I
P, N
C, S
Cinnamomum camphora
camphor tree
I
N, C. S
Colocasia esculento
wild taro
T
N, C, S
Colubrina asiaticu
lather leaf
I
N
S
Cupaniopsis anacardicides
carrotwood
1
N
C, S
Dioscorea alata
winged yam
T
N
N. C, S
Dioscorca Ndbi(era
air- potato
I
N
N, C, S
Eichhornia crassipes
water- hyacinth
I
P
N, C, S
Eugenia uni(lora
Surinam cherry
I
C, S
Ficus microcarpa (E nitida and
laurel fig
I
C, S
L- rciusa var. nitida misapplied)'
Hvdrilla verucillala
hydrilla
T
P, U
N, G S
Hygrophila polysporna
green hygro
T
P, U
N, C, S
Ilymenachne ampievicauhs
West Indian marsh grass
1
C, S
bnpera.ui cvhridtica (1. br ilia s misapplied)
cogon grass
I
N, U
N, C, S
Ipomoca aquatica
water- spinach
I
P, U
C
josmimtm dichotrnnurn
Gold Coast jasmine
I
C; S
Jasminton pluminense
Brazilian jasmine
T
C. S
Lantana camas (= L. strigocamara)
lamina, shrub verbena
I
N. C, S
Ligustntm lucidttm
glossy privet
1
N. C
Liguslrurn sinense
Chinese privet, hedge privet
I
N. C, S
� iceta japonica
Japanese honeysuckle
I
N, C, S
�d wigia peruviana
Peruvian prinuosewillow
t
N, C. S
Laziolasuhintcgra
Tropical American water grass
I
S
Lygodium )aponicurn
Japanese climbing tern
I
N
N, C, S
Lygodium microphydlum
Old World climbing fern
I
N
C. S
'Does not include Ficus microcarpa subsp. fuyuensis, which is sold as "Green Island Ficus"
FLEPPC 2009 List of Invasive Plant Species - Fall 2009
'The Plant List Committee is uncertain as to the correct name for this species. Plants cultivated in Florida, all representing the same invasive species,
have in the past been referred to as Ruellia brittoniana, R. tweediana, R. caerulea, and R. simplex.
FLEPPC 2009 List of Invasive Plant Species — Fall 2009
FLEPPC Gov.
Reg.
Scientific Name
Common Name
Cat. List
Dist.
Macfadyena unguis -cati
cats claw vine
I
N, C, S
Manilkara ,opola
sapodilla
1
S
Mclaleuca quinqu.mervia
melateuca, paper bark
I P. N, U
C, S
Melinis repens (= Rhynchclytruin repents)
Natal grass
I
N, C, S
Mimosa pigs
catclaw mimosa
I P, N, U
C, S
Nandina dornestica
nanclina, heavenly bamboo
1
N, C
Nephrolepis cordifoha
sword fern
I
N, C, S
Nephrolepis brownii (= N. multi flora)
Asian sword fern
I
C, S
Neyraudia revnaudiana
Burma reed, cane grass
I N
S
Nymphoides crislata
snowflake
I
C, S
Paeciena cruddasiana
sewer vine. onion vine
I N
S
Pacdcria f etida
skunk vine
I N
N, C, S
Paniamt repens
torpedo grass
I
N, C, S
Pennisetum purpureum
Napier grass
I
N, C, S
Pistia stratiotes
water- lettuce
1 P
N, C, S
Psidium catticianurn (= P. litloralc)
strawberry guava
I
C, S
Psidnall gualava
guava
I
C, S
Pueraria montana var. lobata (= P lobata)
kudzu
1 N
N, C, S
Rhodonryrtus tomcntosa
downy rose- myrtle
1 N
C, S
Rhynchelytrnm repens (See Melinis rr:pens)
Ruellia brittoniana-
Mexican petunia
I
N, C, S
(R. twccdimra rnisapplicd)
Salvinia minima
water spangles
I
N, C, S
Sapium sebiferum (= Iriadica sebifcra)
popcorn tree, Chinese tallow tree
I N
N, C, S
Swevola mccada
scaevola, half- flower, beach naupaka
I N
C, S
(= Scaevola scrii.ca, S. f iutescens)
Sche f Hera actinophylla
schefflera, Queensland umbrella tree
1
C, S
(= Brassaia actinophylla)
Schinus tewbinthifolius
Brazilian pepper
I P, N
N, C, S
Scleria lacusiris
Fright's nutrush
I
C, S
Senna pendula var. glabrata
climbing cassia, Christmas cassia,
I
C, S
(= Cassia colutcoides)
Christmas senna
Solarium tompicense (= S. houstonii)
wetland nightshade, aquatic soda apple
I N, U
C, S
Solanum via-um
tropical soda apple
I N, U
N, C, S
Syngonium podophyilam
arrowhead vine
I
N, C, S
Syzygium (umini
)ambolan plum, Java plum
1
C, S
Tectaria incisa
incised halberd fern
1
S
Thcspcsia populnea
seaside mahoe
1
C, S
Tradescantia flunninensis
small -leaf spiderwort
I
N, C
Llrochloa mubca (= Brachiaria muti(a)
Para grass
I
C, S
CATEGORY II
Invasive exotics that have increased in abundance
or frequency but have not yet altered
I= lorida plant communities
to the
extent shown by Category 1 species. These
species may buonu ianh d Category 1, if ecological damagc is cicnions0ated.
FLEPPC Gov.
Reg.
Scientific Name
Common Name
Cat. List
Dist
Adenanlhcm pavonina
red sandalwood
if
S
Agave sisalana
sisal hemp
II
C, S
Aleunntes findii (= Vcmida fordii)
Lung oil tree
11
N, C
Alstonia macrophylla
devil tree
11
S
Altcmanthera philoxcioides
alligator weed
II P
N, C. S
Antigonon Icptopus
coral vine
11
N, C. S
Arisiolochia littowlis
calico flower
11
N, C, S
Asyslasia gangeh((I
Ganges primrose
II
C, S
'The Plant List Committee is uncertain as to the correct name for this species. Plants cultivated in Florida, all representing the same invasive species,
have in the past been referred to as Ruellia brittoniana, R. tweediana, R. caerulea, and R. simplex.
FLEPPC 2009 List of Invasive Plant Species — Fall 2009
Callistemon virninalis, added to list as
Category II
Bottlebrush (Callistemon vimmahs), a
popular landscape tree, is now invading'
undisturbed short hydroperiod wetland
communities in Miami -Dade, Collier,
and Martin Counties, including those
in Big Cypress National Preserve and
Everglades National Park.
Dactyloctenium aegyptium, added to
list as Category II
Durban crowfootgrass (Dactylor-toomin
aegyptium) is an annual grass that is
a widely distributed weed throughout
the southeastern US. In Florida, this
species has been documented in 54
counties. While it is primarily a weed
of disturbed areas, it also invades
beach dune communities in southern
Florida, including those located within
Everglades and Dry Tortugas National
Parks. Dense growth of this species
interferes with ground nesting birds in
Dry Tortugas and competes with state
and federally listed plant species on the
mainland.
Elaeagnus umbellata, added to list as
Category II
Autumn -olive (Elaeagnus umhellata)
is an aggressive shrub capable of
replacing entire native ecosystems,
which it has done in numerous locations
in other states. There are three known
native locations in the eastern Florida
panhandle; two are local escapes
from cultivation. The third is a mixture
of mature upland sand hill and pine
communities inhere a wildlife planting
has escaped. The entire 2,081 acre site
is infested. The infestation ranges from
100% (12.5 acres), to 50% (49.9 acres),
to 251/o (38.3 acresl, to 1011, or less
( 1,683.4 acres).
Hyparrhenia rufa, added to list as
Category 11
Jaragua (Nyparrhenia rufa) is an annual
grass that is known from 14 Florida
counties. In Miami -Dade County it
has been found in intact habitat in
at least 12 pine roekiand fragments,
outcompeting native plant species.
Landoltia punctata, added to list as
Category 11
Spotted duckweed (Landoltia punctata)
is a small floating aquatic plant that is
native to Australia and Southeast Asia.
Since it was `first found in Missouri in
the 1930s, it has spread to 22 states
and been documented in 36 Florida
counties. It invades a wide range
of undisturbed aquatic habitats and
outcompetes native species.
Syaygium jambos, formerly Category fl,
removed from List
The Committee has not been able
to locate data showing this species
behaves as a Category 11 invasive.
Citation example:
FLEPPC. 2009. List of Invasive Plant Species. Florida Exotic Pest Plant Council. Internet: http: / /www.fleppc.org/list/list.
him or Wildland Wecds 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 152i' Ave., Miami, FL 33170,
(305) 247 -6547, braclley @regionalconscrvaLion.org
Janice A. Duquesnel, Florida Park Service, Florida Department of Environmental Protection, P.O. Box 1052, Fslamorada, FL 33036 ,
(305) 664 -8455, Janice.Duquesnel @dep.state.fl.us
David W. Hall, Private Consulting Botanist, 3666 NW 13 "' Place, Gainesville, FL 32605. (352) 375 -1370
Roger L. Hanauer, Miami -Dade Parks Department, Casrellow Hammock Nature Center, 22301 S.W. 162 Ave., Miami, FL 33030.
kaskazi44 @comcas1. net
Patricia L. Hewett, Broward County Parks, Environmental Section, 950 Nei'' 38 "' St., Oakland Park, FL 333097
(954) 357 -8137. phowcll @broward.org
Colette C. Jacono, Deparunent of Agronomy, Center for Aquatic & lllvasfVe Plants, IFAS, University of Florida, 7922 NW 71" St.,
Gainesville, FL 32653, (352) 392 -6894, colettej @ufl.edu
Kenneth A. Langeland, Cemer for Aquatic and Imasive Plants, tl'AS, University of Florida, 7922 NW 71" St., Gainesville. FL 32606,
(352) 392 -9614, gator8 @ufl.edu
Chris Lockhart, Florida NALLral Areas lm'entory, c/o P.O. Box 243116, Boynton Beach, FL 33424 -3116, (850) 509 -6482,
clockhart0a inai.org
Gil Nelson, Gil Nelson Associates, 157 Leonard's Dr., Thomasville, GA 31792, gil @gilnelson.com
Robert W. Pemberton, Invasive Plants Rcscaich Lab, U.S. Dept. of Agriculttue, 3225 College Ave., Ft. Lauderdale, FL 33312.
RoberL.Pembertoo @ars.usda.gov
Jimi L. Sadle, Everglades National Park, 40001 State Road 9336, Homestead, FL 33034, (305) 242 -7806, Jimi_Sacile @nps.gov
Robert W. Simons, 1122 SW 11 " Avc., Gainesville, PL 32601 -7816
Sandra M. Vardaman, Alachua Count)' Forever Land Conservation Program, Alachua County Environmental Protection Dept..
201 SE 2 "'' Ave, Suite 201, Gainesville, Florida 32bOl, (352) 264 -6803, snn'ardaman @alachuacounty.us
Daniel B. Ward, Deparuncrnt of Botany. Unkcrsiu' of Florida, 220 Bartram Hall, Gainesville, FL 32611
Richard P. Wmrderlin, IFISL Ute lot Systematic Botany, Dcpt- of Biological Sciences, University of South Florida, Tampa, FL 33620.
(81 3) 974 -2359. r%vLmdcr @cas.usl.edu
FLEPPC Database — The Florida Lxotic Pest Plant Database contains over 75,000 sight records of infestations of FLEPPC
Category 1 and Guegory 11 species in Florida public lands and waters. 211 species are recorded. Nearly all of the records
are from local, state, ;.tad 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 rciererice and verification. NcvA' and updated observations can be submitted online at www.eddmaps.org/flon-
da/. This database, along with other plant -data resources such as the University of South Florida Atlas of Florida Vascular
Plants at www.plantatlas.usf.edu, the Florida Natural Areas lnventory 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- fisted species may be found at one or more of the following websites:
Umversiq� of South Florida Atlas of Florida Vascular Plants, vnvw.plantatlas.usf.edu; the University of Florida Herbarium
collection catalog, littp : / /www.11mnln.itn.cduAicrl)arium /cat /, and image gallery, tarp: / /wwvv.(lnuih.ufl.edu /herbarium /cr.1/
imagescarch.asp, at Fairchild Tropical Botanic Garden's Virtual Herbarium, www. virtualherbaufum .org/vhporial.hunl,
The Robert K. Godfrey Herbarium at Florida State University, hap: // herbarium .bio.fsu- edu /index.php, the University of
Florida's IFAS Center for Aquatic and Invasive Plants, hUpWplants.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
scientilc 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.Ileppc.org.
FLEPPC 2009 List of Invasive Plant Species — Fall 2009
FLEPPC Gov.
Reg.
Scientific Name
Common Name
Cat. List
Dist.
Sphagneticola trilobata (= Wedcha tr dobata)
wedelia
11
N, C, S
Stara vtarphe(a cayennensis (= S. urticilolia)
nettle -leaf porterweecl
ll
S
Syagrus rornanzoffiana
queen palm
IT
C, S
(= Arecastrum rontanzoffianum)
IMlipari(i tiliaceum (- Hibiscus tiliaceus)
mahoe. sea hibiscus
11
C, S
Terminalia catappa
tropical- ahnond
II
C, S
Terminalia muellcri
Australian- almond
II
C, S
li adescanha spat)wcea
oyster plant
11
S
(= Rhoco spathacca, Rhoeo discolor)
Tribulits cistotdcs
puncture vine, blur -nut
II
N, C, S
Uicna lobata
Caesar's weed
11
N, C, S
Vittx trij olia
simple -leaf chaste tree
I]
C, S
Washingtorrin robusta
Washington fan palm
II
C, S
1Vedcha (see Sphagncticola above)
Wisteria. sincnsk
Chinese wisteria
II
N, C
Xcmthosoma sagittijolium
malaaga, elephant ear
II
N, C, S
Citation example:
FLEPPC. 2009. List of Invasive Plant Species. Florida Exotic Pest Plant Council. Internet: http: / /www.fleppc.org/list/list.
him or Wildland Wecds 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 152i' Ave., Miami, FL 33170,
(305) 247 -6547, braclley @regionalconscrvaLion.org
Janice A. Duquesnel, Florida Park Service, Florida Department of Environmental Protection, P.O. Box 1052, Fslamorada, FL 33036 ,
(305) 664 -8455, Janice.Duquesnel @dep.state.fl.us
David W. Hall, Private Consulting Botanist, 3666 NW 13 "' Place, Gainesville, FL 32605. (352) 375 -1370
Roger L. Hanauer, Miami -Dade Parks Department, Casrellow Hammock Nature Center, 22301 S.W. 162 Ave., Miami, FL 33030.
kaskazi44 @comcas1. net
Patricia L. Hewett, Broward County Parks, Environmental Section, 950 Nei'' 38 "' St., Oakland Park, FL 333097
(954) 357 -8137. phowcll @broward.org
Colette C. Jacono, Deparunent of Agronomy, Center for Aquatic & lllvasfVe Plants, IFAS, University of Florida, 7922 NW 71" St.,
Gainesville, FL 32653, (352) 392 -6894, colettej @ufl.edu
Kenneth A. Langeland, Cemer for Aquatic and Imasive Plants, tl'AS, University of Florida, 7922 NW 71" St., Gainesville. FL 32606,
(352) 392 -9614, gator8 @ufl.edu
Chris Lockhart, Florida NALLral Areas lm'entory, c/o P.O. Box 243116, Boynton Beach, FL 33424 -3116, (850) 509 -6482,
clockhart0a inai.org
Gil Nelson, Gil Nelson Associates, 157 Leonard's Dr., Thomasville, GA 31792, gil @gilnelson.com
Robert W. Pemberton, Invasive Plants Rcscaich Lab, U.S. Dept. of Agriculttue, 3225 College Ave., Ft. Lauderdale, FL 33312.
RoberL.Pembertoo @ars.usda.gov
Jimi L. Sadle, Everglades National Park, 40001 State Road 9336, Homestead, FL 33034, (305) 242 -7806, Jimi_Sacile @nps.gov
Robert W. Simons, 1122 SW 11 " Avc., Gainesville, PL 32601 -7816
Sandra M. Vardaman, Alachua Count)' Forever Land Conservation Program, Alachua County Environmental Protection Dept..
201 SE 2 "'' Ave, Suite 201, Gainesville, Florida 32bOl, (352) 264 -6803, snn'ardaman @alachuacounty.us
Daniel B. Ward, Deparuncrnt of Botany. Unkcrsiu' of Florida, 220 Bartram Hall, Gainesville, FL 32611
Richard P. Wmrderlin, IFISL Ute lot Systematic Botany, Dcpt- of Biological Sciences, University of South Florida, Tampa, FL 33620.
(81 3) 974 -2359. r%vLmdcr @cas.usl.edu
FLEPPC Database — The Florida Lxotic Pest Plant Database contains over 75,000 sight records of infestations of FLEPPC
Category 1 and Guegory 11 species in Florida public lands and waters. 211 species are recorded. Nearly all of the records
are from local, state, ;.tad 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 rciererice and verification. NcvA' and updated observations can be submitted online at www.eddmaps.org/flon-
da/. This database, along with other plant -data resources such as the University of South Florida Atlas of Florida Vascular
Plants at www.plantatlas.usf.edu, the Florida Natural Areas lnventory 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- fisted species may be found at one or more of the following websites:
Umversiq� of South Florida Atlas of Florida Vascular Plants, vnvw.plantatlas.usf.edu; the University of Florida Herbarium
collection catalog, littp : / /www.11mnln.itn.cduAicrl)arium /cat /, and image gallery, tarp: / /wwvv.(lnuih.ufl.edu /herbarium /cr.1/
imagescarch.asp, at Fairchild Tropical Botanic Garden's Virtual Herbarium, www. virtualherbaufum .org/vhporial.hunl,
The Robert K. Godfrey Herbarium at Florida State University, hap: // herbarium .bio.fsu- edu /index.php, the University of
Florida's IFAS Center for Aquatic and Invasive Plants, hUpWplants.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
scientilc 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.Ileppc.org.
FLEPPC 2009 List of Invasive Plant Species — Fall 2009
•
This Instrument Prepared By:
Pattie J. Scott
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
Attachment 4 — Current Submerged Land Lease
For Dabrowski property
2086882
THIS DOCUMENT HAS B-=EN
RECORDED IN THE PL,B:_IC RE -CORDS
OF INDIAN RIVER COUNTY FL
BK: 2441 PG:582, Pag(�1 of 15
08/27/2010 at 12:01 PM,
JEFFREY K BARTON. t;L:_RK OF COURT
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL
MODIFICATION TO INCREASE SQUARE FOOTAGE
AND REFLECT CHANGE IN OWNERSHIP
BOT FILE NO.: 310006484
PA NO.:
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 the City of Sebastian, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Section 06
Township 31 Sou Range 39 E in the Indian River,
Indian River County, containing 20,855 square feet,
more or less, as is more particularly described and shown
on Attachment A, dated June 4, 2010.
TO HAVE THE USE OF the hereinabove described premises from June 28, 2010, the effective date of this modified
lease renewal, through August 15, 2014, the expiration date of this modified lease renewal. The terms and conditions on and for
which this modified lease renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 13 -slip commercial docking
facility and non -water dependent building structure exclusively to be used for mooring fishing and recreational vessels in
conjunction with an upland customer parkins; lot for marina, without fueling facilities, with a sewage pumpout facility if it meets
the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of
Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 29, as shown and conditioned in
attachment A. All of the foregoing subject to the remaining conditions of this lease.
2. LEASE FEES: The Lessee Hereby agrees to pay to the Lessor an initial annual lease fee for the expanded area
(?,930 square feet) of $449.11, plus 25 percent surcharge and sales tax pursuant to Section 212.031, Florida Statutes, if
applicable, within 30 days of receipt of this fully executed modified lease. The annual fee for the remaining years of this lease for
the entire lease area (20,855 square feet) shall be adjusted pursuant to provisions of Rule 18- 21.011, Florida Administrative Code.
The State of Florida Department of Environmental Protection, Division of State Lands (the "Division ") will notify the Lessee in
•
3. WET SLIP RENTAL CERTIFICATION /SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon
request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two
(2) above, including the income, as defined in subsection 18- 21.003(31), Florida Administrative Code, derived directly or
indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6 9/6) of said annual income
exceeds the base fee or minimum annual fee established pursuant to Rule 18- 21.011, Florida Administrative Code, for any
lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the
amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip
at the leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if
the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement
used to transfer said wet slip shall contain a provision that requires six percent (6 %) of the annual gross income derived from
said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said
amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that
clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially
similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to
transfer said wet slip to each new wet slip renter /user/hplder.
4. LATE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due
under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve
percent (12 1/6) per annum, calculated on a daily basis for every day the payment is late.
5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this Iease, the Lessor is hereby specifically
authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional
Soears, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation
-f annual lease payments as specified in paragraph two (2) above.
6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the
gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the
leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the 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 verification
purposes by the Lessor.
7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein. The Lessee shall not (i) change or add to the approved use of the leased premises as
defined herein (e.g., from commercial to multi - family residential, from temporary mooring to rental of wet slips, from rental of
wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to
rental or temporary mooring of charter /tour boats, from loading/offloading commercial to iental of wet slips, etc.); (ii) change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian
upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified
permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if
applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified
lease.
8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
0 ooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land,
r the use thereof; may be purchased, sold, or re -sold.
•
9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain the
interest in the riparian upland property that is more particularly described in Attachment S and by reference made a part hereof
together with the riparian rights appurtenant thereto, 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 interest in the riparian upland property, the Lessee shall inform any
potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its
terms and conditions and shall complete and execute and documents required by the Lessor to effect an assignment of this
lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with
the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments
incurred prior to such act.
10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of this lease, current management standards and applicable laws, rules and regulations in effect at that time.
Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
11. INDEMNIFICATIONMWESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
12. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such
�tigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
13. NOTICES /COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by
the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to
comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease
may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above - described
parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this
lease shall be paid by the Lessee. All notices required to be given to the Lessee by this Iease or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the following address:
City of Sebastian, Florida
Sebastian City Hall
1225 Main Street
Sebastian, Florida 32958
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective.
14. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease.
15. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part
"ereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy
e 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. MAINTENANCE OF FACILITY /RIGHT TO INSPECT: The Lessee shall maintain the leased premises in
good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health,
safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased
nrPmicac chat) hP mihii-& to incnartinn by the i wecnr nr ;to rlAo;l otPrl one...+ of o. r re oci..+ehlu ti.
.7
l 7. NON - DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
18. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
19. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
20. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that
time. In the event that Lessee is in full compliance with the terms of this lease, 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 Iease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the
previous
shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense.
The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant
upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the
title to the Lessee's interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in title or
successors in interest.
21. REMOVAL OF STRUCTURES /ADMINISTRATIVE FINES: If the Lessee does not remove said structures
and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease; such structures
and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited
structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in
Paragraph 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 the Lessor under applicable laws, rules and regulations including the right to compel removal
of all structures and the right to impose administrative fines.
22. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 21 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or
maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's
interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in
the riparian upland property shall be enforceable in summary proceedings as provided by law.
23. RECORDATION OF LEASE. The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
24. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
gft determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
parian 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.
•
25. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of
the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized
by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not
increase the mooring capacity of the docking facility.
26. ADVERTISEMENT /SIGNS/NON -WATER DEPENDENT ACTIVITIES /ADDITIONAL
ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining
activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures,
fences, docks, pilings or any structures whose use is not water - dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and 'shall
subject the Lessee to administrative fines under Chapter 18 -14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,
safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this lease.
27. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
• Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE 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.
28. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
29. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total often (10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any
twelve(12) month period, nor shall any such vessel constitute a legal or primary residence.
30. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
3I. SPECIAL LEASE CONDITIONS:
A. Unless authorized in writing by the Lessor, the Lessee shall not rebuild or restore the non -water dependent
structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of a
structure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to
•restore the structure to a safely useable condition. In addition, the use of the non -water dependent structures included in this
lease shall not be converted to a new use except as authorized in writing by the Lessor.
B. Within 60 days after the Lessor's execution of this lease, Lessee shall install and display permanent manatee
educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species
from boat operation. Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods and
shall be required to replace the signs in the event they become faded, damaged or outdated. Lessee shall ensure that the view
_r..t,. «,.a ..L........,.r,.,i L.......... «..a:..« __ 'M_ «..«.1.,... r.....,. —,7 «..., ,....i...... C « 7«.. a../ 7..aS..- ...CFL ................. -L-11
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST. FUND OF THE STATE
OF FLORIDA
d4l* — - (SEAL)
BY:
JeWWK. Ge erations and Manage i ent Consultant
Manager, Bureau of Public Land Administration,
Division of State Lands, State of Florida Department of
Environmental Protection, as agent for and on behalf of the Board
of Trustees of the Internal Improvement Trust Fund of the State
of Florida
"LESSOR"
The foregoing instrument was acknowledged before me this I T3 day of Aqui 20 10 , by
1. Gentry Oderations and Manaeement Consultant Manager. Bureau of Public Lan dministration_ Division of State
Internal Improvement Trust Fund of the State of Florida, He is per Wally wn m . ()�.
APPRO D AS T RM A EG I :
No Public, Sts of Florida
•DEP Atb6mey
V.RY
Printed, Typed or alf by C Grif rn �e of Fronde
'>p� r�oF Y Commission 00727892
My Commission Expires 10/30/2011
Ori2iz a i �yfe Sall A. Maio, City Clerk
� fype&Printed Name
Original Signature
Typed/Printed Name of Witness
• STATE OF Florida
COUNTY OF Indian River
A. Ginsburg
Commission/Serial No.
Cjjy of Sebastian, Florida SEAL
BY:
Original gnature of txecuting Authority
Richard H. Gillmor
Typed/Printed Name of Executing Authority
Mayor
Title of Executing Authority
"LESSEE"
The foregoing instrument was acknowledged before me this 11th day of August , 20 10 , by
Richard H. Gillmor as Ma or for and on behalf of the City of Sebastian, Florida. He is personally known to me,or vho-kas
produeed , as- identW*atien.
0
� 0
Boundary Survey
for Submerged Land Lease
at Dab r*owskt' Marina
Indian River County, Florida
V.
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CERTIFIED TO:
STATE OF FLORIDA
BOARD OF TRUSTEE5iW;K' .
THE INTERNAL JMPR.O
Sheet I of 7 Drawn by: Checked by File name Da
CJ15 DMT 6483 .16/44/ E-,.6483.DWG
TH rdfbpwAu gAisto'8EAU10F.
PR0,FFffX RPEAVO"AADALIPPERS
EPS n--
101V,4L SU
Z,IAV SUR PEI
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2 We 7 B UST VESS A (6 74 V
1655 27th Stree't, Suite 2 Vero Beach, Florida 32960
Phone: (772) 56478050 Fax: (772) 794-0647 r-- MCI& •
TYP
TOWNS
V\
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LOCATIOX�'..
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CERTIFIED TO:
STATE OF FLORIDA
BOARD OF TRUSTEE5iW;K' .
THE INTERNAL JMPR.O
Sheet I of 7 Drawn by: Checked by File name Da
CJ15 DMT 6483 .16/44/ E-,.6483.DWG
TH rdfbpwAu gAisto'8EAU10F.
PR0,FFffX RPEAVO"AADALIPPERS
EPS n--
101V,4L SU
Z,IAV SUR PEI
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2 We 7 B UST VESS A (6 74 V
1655 27th Stree't, Suite 2 Vero Beach, Florida 32960
Phone: (772) 56478050 Fax: (772) 794-0647 r-- MCI& •
Boundary Survey.
for Subinerged Land Lease
at Dabrowski Alarina
Indiana Diver County, Florida
Not Valid Nrithout -All Sheets
LEGEND
R/W
RIGHT -OF -WAY
NO.
NUMBER
R
RADIUS
L
LENGTH
CH
CHORD DISTANCE'
CB
CHORD BEARING
PSM
PROFESSIONAL SURVEYOR -AND MAPPER
4
DELTA
N
NORTH
S
SOU TH
E
EAST
W
WEST
P.O.C.
POINT OF COMMENCEMENT
P.O.B.
POINT OF BEGINNING
NA VD
LB
NORTH AMERICAN VERTICAL DATUM
LICENSED BUSINESS
FDEP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
PB
PLAT 600K
PG
PAGE
SQ. FT.
SQUARE FEET
LEGAL DESCRIPTION FOR SUBMERGED LEASE AREA
A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT A NAIL & DISK STAMPED WBZ AT THE INTERSECTION OF THE NORTH LINE OF PARCEL
OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 564, PAGE 596, PUBLIC RECORDS OF INDIAN
RIVER COUNTY FLORIDA AND THE EAST RIGHT -:OF -WAY LINE OF INDIAN RIVER DRIVE THENCE
52539'00 "E, 182.97 FEET TO AN IRON ROD & CAP STAMPED LB 4644 - AT
MIDDELTON'S SUBDIVISION PER PLAT BOOK 1, THE SDU1H LINE OF
PAGE 56 PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; THENCE S88'17'26 E ALONG THE SAID SOUTH LINE OF MIDDELTON S SUDIVISION 116.14 FEET
TO THE MEAN HIGH WATER OF THE INDIAN, RIVER; THENCE ALONG THE SAID MEAN HIGH WATER 1NE
FOLLOIMNG CALLS, THENCE N0750'15 E 32.54 FEET; THENCE N13 56'13 "W, 15.89 FEET THENCE
NO2'14'S5 "E, 42.86 FEET,• THENCE N21 54'42 "E, 14.69 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG.SAID MEAN HIGH WATER N2831'48 "W, 13.04 FEET, THENCE LEAVING SAID MEAN
HIGH WATER N69 04'47 "E, 32.41 FEET TI4ENCE N21 '19'47 "W, 120.07 FEET; THENCE N54 59 24 "E,
122.46 FEET, THENCE N673T58 "E 31.12 FEET, THENCE S21't123 E, 43.03 FEET; THENCE S2256'09 "E,
2.35 FEET THENCE S23 39'34 "E, 43.70 FEET; THENCE S68-41'41"W, 77.52 -FEET• THENCE S25Y15'08 "E,
2.35 FEET, THENCE S67 53 24 "W, 22.27 FEET, THENCE S24 35'54 "E, 3.63 FEET, THENCE S67 55 22 "W,
87.00 FEET BACK TO THE POINT OF BEGINNING:
CONTAINING 0.48 ACRES (20854.71 SQ. FT.) MORE OR LESS.
Sheet Z of 7 fC wn by: Checked by File name
JG DMT 1 6463
.tJ�asiel�er; vle�; Reed vP Taylor; hzc-
• PROFBSsmNall Sl1RYEYORS�MI �ff/PP�'RS"
I.�YII SIlRYEPIIV'GRITifIN.E.3'Si�6•��
1655 27th Street, Suite 2 Vero Beach, .Florida 32960
Phone: (772) 564 7$050 Fox! (772) 794 -0647
.QTR
' uare��-' �"yfatQ � •' .Di °awing Name
1/,04 0:1f� ��ri�.%i�Ears • 6483.DWG
011:. ,7 1 sI6.; A7t1F ' ;AD
I G1 1t A gg AL ; A'r LdAIDA
Cj
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
Indian River County, Florida
Not Valid Without All Sheets
REPORT OF SURVEY
'TYPE OF SURVEY• BOUNDARY (THIS IS A FIELD SURVEY)
,SURVEYOR IN RESPONSIBLE CHARGE. DAVID TAYLOR P.S.M. 5243
• MASTELLER, MOLER, REED &. TAYLOR INC. CERTIFICATE OF AUTHORIZATION L B. 4644
1655 27TH STREET, SUITE 2, VERO BEACH, FLORIDA 32960
PHONE (772) 564 -8050
• THIS SURVEY AND REPORT IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO THE SURVEY MAP
AND /OR REPORT OF SURVEY BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT
WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
•HORIZONTAL CONTROL ACCURACY THE EXPECTED USE OF THE SURVEY MAP AND REPORT FOR THE
LAND, AS CLASSIFIED IN THE MINIMUM TECHNICAL-STANDARDS (5J- 17•FAC) IS SUBURBAN. THE
MINIMUM RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF-BOUNDARY CONTROL SURVEY IS
IN 7500 FEET. THE ACCURACY OBTAINED BY MEASUREMENT AND 1 FOOT CALCULATION OF A CLOSED
GEOMETRIC FIGURE OR REDUNDANCY OF MEASUREMENT WAS FOUND To MEET OR EXCEED THIS
REQUIREMENT.
• HORIZONTAL FEATURE ACCURACY.- TOPOGRAPHIC LAND FEATURES (SIGNS, INLETS, VALVES,
MAILBOXES, POWERPOLESt DRIVEWAYS, CULVERTS AND SIMILAR FEATURES) HAVE A HORIZONTAL
FEATURE ACCURACY OF PLUS OR MINUS 0.25 FEET -
• VERTICAL CONTROL ACCURACY VERTICAL CONTROL AS ESTABLISHED FOR THIS PROJECT SITE IS
ACCURATE TO PLUS OR MINUS 0.05 FEET TIMES THE SQUARE ROOT OF THE DISTANCE IN MILES
• ELEVATIONS OF WELL — IDENTIFIED FEATURES CONTAINED IN THIS SURVEY AND MAP HAVE BEEN
MEASURED TO AN ESTIMATED VERTICAL POSITION ACCURACY OF PLUS OR MINUS 0.10 FEET.
• DATA ACQUISITION WAS OBTAINED DURING THE FOLLOWING TIME FRAME OR DATE: 5110
• THE BEARING BASE• FOR THIS SURVEY IS AS FOLLOWS:
A) ASSUMED
6) THE EAST RIGHT —OF —WAY LINE OF INDIAN RIVER DRIVE AS DEPICTED.
C) THE UNE BEARS S00�2539 E
• THE ELEVATIONS AS SHOWN ON THIS SURVEY ARE BASED ON 774
OF 1988. E NORTH AMERICAN VERTCIAL DATUM
-NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS RIGHTS —OF —WAY AND/OR OWNERSHIP WERE
FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO 17TLE OPINION IS EXPRESSED OR IMPLIED.
• THIS SURVEY DOES NOT CER77FY TO THE EXISTENCE OR LOCATION OF ANY FOUNDATIONS, UTILITIES,
UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS EXCEPT AS SHOWN.
• UNLESS A COMPARISON IS SHOWN, PLA F VALUES & MEASURED VALUES ARE THE SAME.
• ALL MEASUREMENT'S ARE IN FEET AND DECIMAL PARTS THEREOF AND ARE IN ACCORDANCE WITH 774E
STANDARDS OF THE UNITED STATES.
• THE HORIZONTAL VALUES SHOWN HEREON REFER TO THE STATE PLANE COORDINATE SYSTEM,
EAST ZONE. NAD 83 (NGS ADJUSTMENT OF 1990) ESTABLISHED USING RIK OBSERVATIONS. FLORIDA
THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1 " =(AS NO1ED) OR SMALLER.
Sheet 3 of 7 Drawn by: Checked 6y File name Date�`.,4- ' S "fe
J CJG . QMT 6483 6/..04
ffasteller
oleo Reeder Ta lot' Inc. i�oY:a�a 'T
R;0RI0NALt kAI .0 SST'
PROFES .iI4N,�LSURYEYORSANbr%I.�PPERS' NAEr. ,,... YON
L�11 D SIl1PlfL fINGBU•SIr"
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564 -8050 Fax: (7 72) 794 -0647
Name
0
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
Indian :Diver County; Florida
Not Valid Without All Sheets
FOUND X4• zLyv P�1>�ENT'Pl?OP�1c'TYI1
CONCRETE
�- MONUMENT '
A
FOUND NAIL do
OtSK LB 4644
` FOUND IRON ROO
do CAP MZ \
FOUND 3X3'
ACONCRETE MONUMD
ro �`
sn1751 UW or WMWW0
IDf 2
P. C ` FOUND NAIL
r _0 ` DISK KHZ
N79' 29' 04
mmn
5KF4
V3
3r
jr-
FOUND 314' IRON ` \
PIPE 1
NO. /DENT7f7CAT70N
_SET IRON ROD
4 CAP LB 464}
Aa 1
0 •100' 200'1
Sheet 4 of 7
1
Drawn by] Checked by Fite name
CJG DMT 1 6463
:�Tlasteller, .�11a1e�;1z'eed � �aylo�; I�xc.
PROFEStSl01t'. LSlTRVEMMADACIpp1.sRX
/ L,41vDSrlRl�h YJNGBCIS'INESS""4,
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564 -8050 Fax: (772) 794 -0647
NOT
1NV
1,
Parcel Line Table
Line /
m,
Lt
8;41'48'W
L2 •
9 W'47'E
L3
179'47 -W
Us2im*,wr
L4
43814't=
L5
7'3r58'E
!8
17!'237:
L7
m*,ro r
LB 4370 52359'34 E
L9 77.52 5145'41 it'7►
L10 y 13s_ S25U5 081:
Ui' . 1227` !S875J24.W
Name
0
0
N
m
0
GQ`P '
SHORELINE OF
SUBJECT PROPER7-Y -205'±
36'±, NATURAL 187
169'-+ HEADWALL 829
SHORELINE SOUTH
135.E ROCKS 129
947'±' NATURAL 889
SHORELINE NORTH
421'.* NATURAL 399
238'-+ SEAWALL 2290
42 z� bNETMENT 397
Sheet S of 7
Boundary Survey
for Submerged Land Lease
at Dabrovski Marina
Indian ,Diver County, ,Florida
Not Valid without All Sheets
\ LEnes nRFA
Sl18.£CT
PRGtPEORTY�
kn
tp0'�
Z�
o
f
L
1 .
Drawn
b. y Checked by ' Fite name Da!
UG DMT . 6483 6La4,
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PROFESSTONA'L,SIIRYEYORS.�ND sIPPERS
/ L, 0 T J URPEPIAr6 8 lS11— VESS 4W4V
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564 -8050 Fax: (772) 794 -0647
i.Y [
"Scat @`" Draw
1 "y2�0' 5�t
�'ITO a'-fia/k
vrtIUl1YKL�K 1 1
LICENSE`
Cf�k1!1dj.T i
gv
Name
W6
lln•:; i�
Boundaq ,Survey
for Submerged Ladd Lease at Dabrowski Marina
Indian River County, Florida
• Not Valid Without All Sheets
SdCE,FCff OF.E- ISTING JMPROY.ElYf�NTS
WMIN LEI sIr, I -
,tND UP -L,IND S.FRUCZ'URE,0 EjjL
. v
Q �-A sr" i- 23g� N uNE 11L
i R,P DRIP ��
SEE SHEET 7
�---- FOR DETAIL
�� EiosnNC
Duwwc
r (DAMAGED
�4 SE WALL.
G ND STRUCTURES IITTHIN
4 lA4UNGS DDIRT STONE `� OF •LEASE AREA,
EA
(NOT KELL DEFINED) .
> BETE RPd'1P
VIE iNO� 10
MENYHIGfT wATt]i LINE '
(F2iVA TION - I
hE�R 0. T2' NA W 88
IHE F.D -EP. LE"m
DATED 511312010 AND -
\ LOCATED b/13 /2010
0 80' 160'
Sheet 6 of 7 Drawn by: Checked by
C1G DMT
File name Date ' Name
6483
11a5%lleP, ffoleP. lPeea'� Taylor 1rzc:
.:.;..•:'.
NOT VA 0 wlTl1tli11 7HE.'tGM{ ,�,y';.
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.•
THE ORIGRIAU, Sir ALA Q��`q�F `Oftll7
PPOY7m,MOAWSVRYEYORS'f0T t a PPE
A
LAAD
1655 27th
r4)t • • `,. '- • '� i''.- ''
F? °' .t W'
Street. Suite 2 Vero Beach, Florida 2960
' '
":�::r.:_
'.•
Phone: (772) 564 -8050 Fax: (772) 794 -0647
:; :i.. s::;:
" `'
Boundary Survey
for ,Submerged Land Lease at .1)aGbrowski Macrina
Indian River County, Florida
Not Valid Without All Sheets
DET,s(IL OFEXI�'TI1trG fiIIPROPEVENT -Y `
INLEA6SEIsi W4
BOAT SLIP 5
BOAT SLIP 4
BOAT SUP 7
r
r_
BOAT SLIP 6 r
BOAT SLIP 8
i T SLIP 3 WOOD PILING
(TYPICAL) k 3
9
LEASE AREA
BOAT SLIP T
5 _ i
' \ BOAT SUP
17 BOAT SLIP 0 13
4' w 12 w
BOAT SUP i 14 BOAT SLIP °-
II �•
BOAT SLIP ,
5 ` ` 10
rn_
i
BOA r SUP 'w "s
w lr
CRANDFATHERED
EVS7,%E
BUILDING
(DAMAGED)
rn
MEAL! HIGH WATER UNE
\ \ (ElEVAHON ® -a72' HA1D 88) 0 30' 60'
PER THE F.D.EP. LETTER
DATED 5%132010 AND - •,s +...
LOCATED 511312010 :. M•:.•, ::.
SheetSheetDrawn b Checked b "M s ,"
7 of UG Y Y Fite name Cade =:,. Stale `f�rawing:Name
MT : .
6483 °; °483QWG
was' %Ilef; t
l4lefj Reed& Faylot �iZC. NOT VgL1i�.�}�Ipil t>�` °GNAiUF2E:AND
THE'- IG�NL11SE1�'E( OF )% F]_OfiIfJA
PROFFSSION�CL A Y6 F`Nb
. L� (ND.SURYEYINGRIISINF.xS,S#�6�•� "r, '.�.� ., :; ><,.r.��- _Drs'_'
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564 -8050 Fax: 772 794 -0647 T • ; - r r'
( ) DAVID � �Yl (iii �.tssi•• a��:
•
•
This tnsrrument Prepared By and
Please Retura Te:
A:neric a Covvm n-n Services Corpml;on
3312 West Linbaugh Avt'nue
Tampa, Florida 33613
AGS AI 23582
TRUSTEE'S DEED
THIS ENDl?.NTURE, made this day of June, A.D. 2010,
between HERBERT V. MORRISOr, SUCCESSOR TRUSTEE OF
TIM HENRY J. D4•BROWSKI IRREVOCABLE TRUST UNDER
REVOCABLE LIVING TRUST AGREE31Sh7 DATED JULY 17,
2007, whose address is 28826 Ramblewood Drive, Farmington Hills,
1\4148334A750, Grantor, and CITY OF SEBASTIAN, a municipality
within Indian River County, Florida, %host Inatling address is 1225
Main Street, Sebastian, Florida 32958, Granter,
(wheraver used haccin the terms "Granter" and '•grantee" include all the pardes
to this insrrvmtnr and their he)rs, legal repracumtives, successors and assigns.
"Grantor` and "grantoo" are used ror singular and plural, as the coulext requires
sad the use of any geuder shall include all gemicm)
2077483
THIS DOCUMENT HAS BEEN
RECORDED 1N THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2431 PG. 1266. Paget of 2
071122010 at 11:53 AM, D DOCTAX PD
$5250.00
JEFFREY K BARTON. CLERK OF COURT
>l1•'TTNESSETH: That the said:Gtantor, for and in consideration of the suns of Ten Dollars and other good and valuable
considerations, to said Grammr in hand paid by said Grantee, the receipt whereof is hereby acknowledged, does hereby
remise, release and . quit -claim unto the said Grantee forever, all right, title, interest, claim and demand which the said
Grantor has in and to the following described land situate, I)•i%lg and being in Indian River Counry, Florida, to-wit:
See Exhibit "A" attached hereto and by reference made n part hereof.
By acceptance of this Trustee's Deed, the Grantee hereby agrees that the tine of the Property described herein shall be
subject to rte covenants and restrictions as set forth in the Declaration of Restrictive Covenants recorded in the Public
Records of Indian River Cotmnty, Florida. Thew covenants and restrictions shall run with the Property herein described.
If any term or condition of the Declaration of Restrictive Covenants is violated by the Grantee or by some third party with
the knowledge of the Grantee and the Grantee does not correct the violation pursuant to the Declaraeoa of Restrictive
Covenants, fee simple tick to 811 interest in the Project Site shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida in accordance with Chapter 380, Pan III, Florida Statutes
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anyxise
appenaining and all the estate, right, title, interest; lien, equity and claim whatsoever of the said Grantor either in law or
equity, to the only proper use, benefit and behoof of the said Grantee forever.
THIS DEED is executed pursuant to and in exercise of the power and authority granted to and vested in said Trustee by
the terms of said dcod4 or deeds in trust deliveted to said Trustee in pursuance of the Trust Agreement above mentioned.
This deed is made subject to taxes and assessments for the year 2010 and yeas thereafter and subject to easements and
restrictions of record, if any.
This conveyance is subject to easements, restrictions, limitations and conditions of record if any now exist, but any such
interests that inay have been terminated are not hereby re- imposed.
This property is not die homestead property of the Grantor(s), nor contiguous to homestead property, as such homestead is
defined under Florida law.
IN 1VITNESS WHEREOF the Grantor has hereunto set Grantor's hand and seal, the day and year first above written.
Signed, scaled and delivered in
the presen .
(Sig curt 4 first witness)
(( rt�nted, typed or stamped name of
E W mess.)
(S' atureofsec itocss) n
anted, typed or stamped name of
second witness)
Herbert v, 1ZorrIsoa, Successor Trustee of tee Henry J. Dabrowsld
Irrevocable Trust Under Revocable Living Trust Agreeriment dated
July 17, 2067
STATE OF µ t e141 E AA)
COXQNTY OF f
_ •.Tht'fgrego4instrument was acknowdadged before me thisA d `day of J G0*7 f— 2010, by Herbert V. ;Morrison,
nSfYCCestgl Ieu;CRe of the Henry J. Dabronski Irrevocable Trust Under Revocable Living Trust Agreement dated July 17,
.; '•i 87'r 5fir 41.. 41's) (Notary Public must thee.@ applicable box):
re
t�NocaySOil i3 t?'''navylmowa me. I
` o €J �(1 need a current d license.
as identifi tion
tary ublic — State of i igan �� - :' ii If, (t,Oku
(Pent ed Fi1SLV,STAXCfVi
, T yped or Stamped Name of Notary Publi CC-tKiYOF WAM
Commission No.: ?' ' �y�r�sy,,,�
my Commission Expues: "^ �47NYr
EXHIBIT "A"
C J
LEGAL DESCRIPTION UPLAND PARCEL
THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 1. MIDDLETON'S
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2,
PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF
MIDDLETON'S SUBDIVISION AND THE EAST RIGHT -OF -WAY LINE OF
INDIAN RIVER DRIVE (BEING.A POINT 37.15 FEET DUE EAST OF THE
CENTERLINE OF.INDIAN RIVER DRIVE), THE POINT OF BEGINNING;
THENCE NORTHERLY 118 °41'37- ALONG THE EAST RIGHT -0F -WAY LINE
OF INDIAN RIVER DRIVE, A DISTANCE OF 18415 FEET MORE OR LESS TO
A CONCRETE MONUMENT MARKED "X "; THENCE RUN EAST 10° NORTH
OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN RIVER; THENCE
SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A
POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF
MIDDLETOMS SUBDIVISION AND THE HIGH WATER LINE OF THE INDIAN
RIVER; THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF
GOVERNMENT LOT 1, SECTION 6, TOWNSHIP 32. SOUTH, RANGE 39 EAST.
TOGETHER WITH A UPLAND, SUBMERGED LAND, LITORIAL RIGHTS,
SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO
THE CENTER OF THE INDIAN RIVER TO THE EXTENT THAT SAME
APPERTAIN TO THE PROPERTY ABOVE DESCRIBED.
SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD,
IF ANY.
0
0
r�
Attachment 4 — Deed for Hurricane Harbor
Submerged Lands
roan .,
_ t_�uateft of ifir :c�n�a z ;d c� � uzc3
ROOK
48 4a5&
OFFIC p,t. RECORD of At �$htv of Narita
DEED NO. 21$93 GS -31) - --
KNOW ALL MEN BY 'THESE PRESEA'i'g, Tl at the undersip d, the Trustees of the Intemal Lai.
pmvement Fund of the State of Fkrids, under au:hc rity of law, for and in consideration of the sum of
One Hundred Twenty and 00100
DOLLARS, to them is hand paid by Citadles R,•_3eenl and F(Qbe�t B.y _
of the County ot__,__?lldian River , Stita ci___.....Fl4r1dS_ have granted,
bargained and sold, and do by these present, Vent hragaln, rkil and convey, unto the ftid_Charlgd R.
Beesley acid Robert S. Beesley _ _.. -_.. _.__aad _ tLelr Beira and asd. the
following described lands, to-wit: tm
A parcel of submerged land in tf•fe Indian River in Section 31,
Township 30 South, Range 39 Ea.s ;, Indian River County, more
particularly described as folioi.rs.
From the point of intersection, of the south line of Government
Lot 2 of said Section 31 and tae Fleming Grant Line run North
89° 40' 50" Bast along the said south line of Government Lot
2, a distance of 787.65 feet, more or less, to the mean high
Water mark on the wrest bank of the Indian River for the.P,O.B.;
Chence North 70° 1+5' East a di:ata:nce of 145.0 feet; thence
North 190 15' West, a distance of 165.0 feet; thence South
70° 45' West, a distance of 13!5.0 feet, more or less, to the
mean high Water mark of the Incli.an River; thence southeasterly
along said wean high water mart: a distance of 165.0 feet,;
more or less, to the P.O.B., _
con .. 0.53 _ _ _
more or kr, and bins
and being in the County of _inuian Ri'rer _ in said State of Florida.
To HAVE AND TO HOLD the above Vented and describad premi— forever.
SAVING AND PJMMVING unto the said T� dem of the Internal Improvement Fund of the St ate
of Florida, and their ataasots, title to an undivided three..tourtha of all phosphate. cainerals and W.
and title to ac undivided o»e nett of an petroleum Lhat nw be in, on or under the above daien'bed Iar4
with the privilege to mine and develop the same.
OTHER RFMRVATTONS: None
-thdrl seed and have caused al of THE D Truttess R72+f1sNT hereunto AGRICULTURE OF T HE ST AT OF
FLORIDA to be hKounto dbod, at the Capitol, in the City of Tsilahassea, op this d{y of
A. b. Nineteen Hundmd u, 1 -A _
((SAL)
T'i 8063 L L FUND
DSEpaIT14M4'�' OF AGRICULTURE
(SEAL)
t9,E
e°nr.+ iwer s tu»
T11MPRES OF'}'H8
FUND OF. STATU RA Ai.>
.Y 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 I'M
Description of Real Property Situated in Indian River County, Florida.
See Exhibit A attached.
The entries on the following pages) 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 perforated on parties acquiring an interest within the time period
covered by this search. Parties acquiring interests prior to the beginning date of this search and
continuing in said interest after the beginning date of this search, have been searched from the
beginning date.
The information provided herein does not include a search of federal liens and judgment liens filed
with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq.,
F.S, respectively, which designate the Florida Department of State as the place for filing federal liens
• and judgment liens against personal property. For insuring purposes:
(a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to,
mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations,
vendees' interests, and options when those interests are held by a partnership, corporation,
trust or decedent's estate; and
(b) Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to,
leaseholds, interests in cooperative associations, vendees' interests, and options regardless
of the type of entity holding such interests, including individuals. (Note: Mortgages have
been specifically excluded from the personal property interests in which a judgment lien
may be acquired under the provisions of Sec. 55.201, et seq., F.S.)
Prepared this 3rd day of December, 2009. 1 Attorneys' Title Fund Services, LL
Prepared by: Frances D. Bold, Senior Examiner
Phone Number: 1- 800 -637 -0767 ext. 5213
Rev. 07109
Page 1 of 3
• Fund File Number:
1. Book and Page:
First Party:
Second Party:
2. Book and Page:
First Party:
Second Party:
L�
C]
CHAIN SHEET
32- 2009 -1046
OR 48/502 TOI: Deed DOF. 09/17/1953
Trustees of the internal Improvement Fund of the State of Florida
Charles R. Beesley and Robert E. Beesley
OR 274/246 TOI. WD DOF. 01/09/1968
Robert E. Beesley
John C. Palmer
3. Book and Page: OR 332/48 TOI. WD
First Parry: John C. Palmer and Elizabeth T. Palmer
Second Party: Inlet Bay Seafood, Inc.
4. Book and Page: OR 492/280 TOI. QCD
First Parry: Robert E. Beesley
Second Party: Charles A. Veltman and Mary Veltman
S. Book and Page: OR 492/282 TOI. QCD
First Party: Inlet Bay Seafood, Inc.
Second Party: Charles A. Veltman and Mary Veltman
6. Book and Page:
First Party:
Second Party:
7. Book and Page:
First Party:
Second Party:
OR 492/283 TOI: QCD
Charles A. Veltman and Mary Veltman
Inlet Bay Seafood, Inc.
OR 673/1835 TO-h- WD
Inlet Bay Seafood, Inc.
Sebastian Harbour, LTD.
DOF. 10/31/1969
DOF. 06/06/1975
DOF. 06/06/1975
DOF. 06/06/1975
DOF. 10/28/1983
8. Book and Page: OR 2018/754 TOL WD DOF. 04/10/2006
First Party: Sebastian Harbour, LTD.
Second Party: Sebastian Development Company, LLC, and Thomas Truong
9. Book and Page: OR 2243/268 TOI: CT DOF. 02/19/2008
First Party:
Second Party: Advanced Electrical Systems, Inc.
14. Book and Page: OR 2306/2467 TOI. CT
First Party:
Second Party: Sebastian Harbour, LTD. and Dancu Holding, Inc.
Page 2 of 3
DOF. 12/04/2008
CHAIN SHEET
• Fund File Number. 32- 2009 -1046
EXHIBIT A
0
•
FROM A POINT OF BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF
GOVERNMENT LOT 2, OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA, AND THE MEAN HIGH WATER MARK OF THE WEST BANK OF
INDIAN RIVER, RUN WEST ALONG SAID SOUTH LINE OF GOVERNMENTAL LOT 2, A
DISTANCE OF 80.05 FEET, MORE OR LESS, TO THE EAST RIGHT -OF -WAY OF OLD U.S.
HIGHWAY NO. 1, SAID RIGHT -OF -WAY BEING 66 FEET; THENCE RUN NORTH 25 °22' WEST
ALONG SAID EAST RIGHT -OF -WAY LINE A DISTANCE OF 71.45 FEET; THEN RUN EAST,
PARALLEL TO THE SOUTH LINE OF SAID GOVERNMENTAL LOT 2, A DISTANCE OF 94.89
FEET; THENCE RUN NORTH 70 °45' EAST A DISTANCE OF 132.03 FEET TO THE
ESTABLISHED BULKHEAD LINE; THENCE RUN SOUTH 25 °22' EAST ALONG SAID
BULKHEAD LINE A DISTANCE OF 66.43 FEET; THENCE RUN SOUTH 70 °45" WEST A
DISTANCE OF 145.50 FEET TO THE POINT OF BEGINNING ON THE MEAN HIGH WATER
LINE OF INDIAN RIVER AND ON THE SOUTH LINE OF SAID GOVERNMENT LOT 2.
Page 3 of 3
Existing Fish-Cut
Cold Room Area
Existing Men/Women
(ADA) Bathroom
FISH MARKET
COVERED ENTRANCE
KEY
FISH MARKET
EATERY SERVICE AREA
JOINT USE KITCHEN - EATERYIFISH MARKET
MUSEUM AREA - 1) MUSEUM AREA MAY BE THROUGHOUT FACILITY
2) PROVIDES FOR AREAS FOR EDUCATIONAL ASSEMBLIES
JOINT USE AREAS FOR ALL ACTIVITIES AT FACILITIES
Attachment 5 — Hurricane Harbor
Operational Floor Plan
Existing Men
(ADA) Bathroom North
Exit to Docks
Covered Walking Area
J
Handicap Ramp
31
Existing Women
Bath Room
EATERY t MULTI-USE AREA
(NO MORE THAN 6 TABLES; MUSEUM DISPLAYS
TABLES SHALL SEAT NO
1 MORE THAN 4 PEOPLE)
EATERY Existing
Wood Deck
KITCHEN Existing Railing
SERVICE BAR AREA
F1 (NO MORE THAN 16
SEATING STOOLS)
J It
Li
ri
tj
MUSEUM/ OPEN AREA
T7i
OFFICE il
.a.r
lAOS9 WH
\ 1
A 77
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S '�S
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T:ON"1R!CT !CT
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s � wm Pn»e frTE:J
VECK PLAMM
OOME3TlC WATER
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IFIATE Wldll
0.ECkl ENR, P +A�+9]
DUTFA L- IF fiEQl11R
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yy n \
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ALARWA
FFf 5(960 f
FISHERMAN'S LANDING
1532 & 1540 INDIAN RIVER DRIVE
SEBASTIAN, FLORIDA
Master Site Plan & Proposed Improvements
Attachment 6
SCHULKE, BITTLE & STODDARD, L.L.C.
aw k. smwiuw E7YfMaWING. • LAND PUNNING • EAM770Nf. MAL PERUlrMW
MCAZ AWYO9R4U8"6 UN NO,: 0ocON68 1717 RIVR 6L , OF
TEL 772177 x2 FAX 772jrrE 201 VERO BEACH FLORIDA 32960 1
77()-
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•
BY ELECTRONIC MAIL
nk @euro60.com
Sebastian Harbour Ltd and
Florida Department of
Environmental Protection
Central District
3319 Maguire Boulevard, Suite 232
Orlando, Florida 32803 -3767
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:
OCD- ERP -10 -0183
UliCUAI" %. Ilz)t
Governor
Jeff Kottkamp
Lt. Governor
Michael W. Sole
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.
Thank you for your cooperation in resolving this case.
Sincerely,
Pamela Ammon
Environmental Manager
Compliance and Enforcement
Submerged Lands and Environmental
Resources Program
April 30, 2010
Date
cc: Alissa Meyers, FDEP
Lea Crandall, OGC
Kris Tulloch, Central District
Rebecca Groliall, City of Sebastian, (rgrohall@cityofsebastan.or)
aEugene Popow, (crystaltree@bellsouth.net)
CL
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BY CERTHUD MAIL
917108 2133 3936 6376 8770
Henry J. Dabrowski Irrevocable
Trust UTA July 17, 2007
c/o Herbert V. Morrison
FBO Henry J. Dabrowski Trust
28826 Ramblewood Dr.
Farmington Hills, MI 48334
Florida Department of Charlie Governor
r
Environmental Protection Jeff Kottkamp
Central District Lt. Governor
3319 Maguire Boulevard, Suite 232 Michael W. Sole
Orlando, Florida 32803 -3767 Secretary
Indian River County
OGC File No. 09 -3161
Close Letter
Dear Mr. Morrison:
OCD- ERP -10 -0128
Enclosed is the signed and entered Consent Order to resolve the above referenced case. This copy is
• for your records.
You have satisfied the terms of the subject Consent Order. The subject corrective actions have been
completed at your facility, including the execution of a temporary use agreement (TUA) and payment of
lease fees in arrears. Your facility is currently in compliance.
Please be reminded of the terms of the TUA, which specifies that a sovereign submerged land lease shall
be applied for and obtained within six months of the TUA's execution.
Should you have any questions regarding the above, please. contact Sirena Davila -at (407) 894 -7555,
x2246, at the letterhead address, or at Sirena.Davila @dep.state.fl.us. Thank you for your cooperation in
resolving this matter.
AW f sd /df
Enclosure
Sincerely,
A n atkins
Submerged Lands and Environmental
Resources Permitting
Date:
• cc: Steve Gutman (sgutman@bodmanllp.com)
Rebecca Grohall, Growth Management Director, City of Sebastian (rgrohall @cityofsebastian.org)
Kristine Jones, OGC
Lea Crandall, Agency Clerk
Kris Tulloch, DEP
FCT Contract Number 07-CT--El - 06-FdAl -041
FLORIDA COMMUNITIES TRUST
08-003-WWI
SEBASTIAN WORKING WATERFRONT
COLLABORATIVE
CSFA # 52.013
STAN MAYFIELD WORKING WATERFRONT
GRANT CONTRACT
THIS AGREEMENT is entered into by and between the FLORIDA CONDAUNITIES TRUST
( "FCT "), a non - regulatory agency within the State of Florida Department of Community Affairs, and
the CITY OF SEBASTIAN, a political subdivision of the State of Florida ( "Recipient ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the
Florida Forever Funds, hereinafter described, and the lands acquired with such proceeds ("Project
Site "'), that are necessary to ensure compliance with applicable Florida law and federal income tax
law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part
III, Florida Statutes;
WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a
non- regulatory agency within the Department of Community Affairs ( "Department') which will
is assist local governments in bringing into compliance and implementing the conservation, recreation
and open space, and coastal elements of their comprehensive plans or in conserving natural resources
and resolving land use conflicts by providing financial assistance to local governments and nonprofit
environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida
Forever Act, which provides for the distribution of two point five percent. (2.5%), less certain
reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other
revenue source designated by the Florida Legislature, to provide land acquisition grants to local
governments and nonprofit working waterfront organizations for the acquisition of working
waterfronts;
WHEREAS, the Florida Forever funds may be issued as tax - exempt bonds, meaning the
interest on the bonds is excluded from the gross income of bondholders for federal income tax
purposes;
WHEREAS, Rule 9K -9, Florida Administrative Code ( "F.A.C.') sets forth the procedures for
the evaluation and selection of lands proposed for acquisition and Rule 9K -10, F.A.C. sets forth the
acquisition procedures;
•
08= 003 -wwl
April 15; 2009
SIM" - GC -1-
WHEREAS, on January 29, 2009, the FCT Governing Board evaluated and scored the
• applications to develop a ranking list of projects to present to the Board of Trustees of Internal
Improvement Trust Fund;
WHEREAS, on April 13, 2009, the Board of Trustees of Internal Improvement Trust Fund
selected and approved the projects which will receive funding;
WHEREAS, the Recipient's project, described in an application submitted for evaluation,
was selected for funding in accordance with Rule 9K -9, F.A.C., and by executing this Agreement the
Recipient reaffirms the representations made in its application;
WHEREAS, Rule 9K -9, F.A.C. authorizes FCT to impose conditions for funding on those
FCT applicants whose projects are selected for funding; and
WHEREAS, the purpose of this Agreement is to set forth the conditions that must be
satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as
well as the restrictions that are imposed on the Project Site subsequent to its acquisition. Since the
entire Project Site has not yet been negotiated for acquisition, some elements of the project are not
yet known such as the purchase price, other project costs, and the terms upon which an owner will
voluntarily convey the property.
NOW THEREFORE, FCT and the Recipient mutually agree as follows:
• I. PERIOD OF AGREEMENT
1. This Agreement shall begin upon the Recipient's project being selected for funding
and shall end April 15, 2010 ("Expiration Date"), unless extended as set forth below or unless
terminated earlier in accordance with the provisions of Article )(III of this Agreement.
2. FCT may extend this Agreement beyond the Expiration Date if FCT determines that
significant progress is being made toward the acquisition of the Project Site or that extenuating
circumstances warrant an extension of time. If FCT does not grant an extension the Recipient's
award shall be rescinded and this Agreement shall terminate.
H. MODIFICATION OF AGREEMENT
1. Either party may request modification of the provisions of this Agreement at any
time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly
signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement.
III. DEADLINES
1. At least two original copies of this Agreement shall be executed by the Recipient and
returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399 -2100, as soon as
possible and before May 15, 2009. If the Recipient requires more than one original document, the
Recipient shall photocopy the number of additional copies needed and then execute each as an
•
0&403-WWI
April 15, 2009
SMWW - GC
-2-
original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements,
retain one original copy and return all other copies that have been executed to the Recipient. -
2. The Recipient and its representatives shall know of and adhere to all project deadlines
and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as
deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure
to adhere to deadlines may result in delays in the project, allocation of time or resources to other
recipients that respond timely or termination of this Agreement by FCT.
3. The Recipient shall submit the documentation required by this Agreement to FCT as
soon as possible so that the Project Site may be acquired in an expeditious manner.
4. No later than May 15, 2009, the Recipient shall deliver to FCT a written statement
from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer
from the Recipient and FCT, if not previously provided in the Application. No acquisition activity
shall be commenced prior to FCT receipt of this statement.
6. No later than May 15, 2009, the Recipient shall deliver to FCT the executed
Confidentiality Agreement provided to the Recipient by FCT, pursuant to Rule 9K-8.008(3), F.A.C.
No acquisition activity shall be commenced prior to FCT receipt of the executed Confidentiality
Agreement.
IV. FUNDING PROVISIONS
1. The FCT Florida Forever award granted to the Recipient ("FCT Award ") will in no
event exceed the lesser of Percent (90 %) of the final Project Costs, as defined in Rule 9K- 9.002(17),
F.A.C., or Three Million One Hundred Sixty Three Five Hundred Dollars And Zero Cents
($3,163,500.00) unless FCT approves a different amount after determination of the MAPP, which
shall be reflected in an addendum to this Agreement. FCT will not participate in Project Costs that
exceed the grant award amount.
The FCT Award is based on the Recipient's estimate of final Project Costs in its application. When
disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the
definition in Rule 9K- 9.002(17), F.A.C. FCT shall participate in the land cost at either the actual
purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above
paragraph.
2. The FCT Governing Board ranked and the Board of Trustees of the Internal
Improvement Trust Fund ( "Trustees ") selected the Recipient's Application for funding in order to
acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or
adjust th'e FCT Award if the acreage that comprises the Project Site is reduced or the project design
is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any
request for Project Site boundary modification in accordance with the procedures set forth in Rule
9K- 9.009, F.A.C.
•
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If the Project Site is comprised ofmultiple parcels and multiple owners, then FCT reserves the right
• to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project
Site cannot be acquired.
3. The FCT Award shall be delivered either in the form ofProject Costs prepaid by FCT
to vendors or in the form of a State of Florida warrant at the closing of the Project Site, payable to
the Seller or the Seller's designated agent authorized by law to receive such payment, provided the
Comptroller determines that such disbursement is consistent with good business practices and can be
completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is
comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the
FCT Award that corresponds to the parcel being closed. FCT shall prepare a grant reconciliation
statement prior to the closing of the Project Site parcel that evidences the amount of Match provided
by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for
Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement.
4. If a Match is required, it shall be delivered in an approved form as provided in Rule
9K- 9.002(15), F.A.C. If the Project Site is comprised of multiple parcels, the Recipient shall deliver
at the closing of each parcel the share of the Match that corresponds to the parcel being closed.
Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the
grant reconciliation statement.
5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to
provide a Match, if any is required.
• 6. If the Recipient is the local government having jurisdiction over the Project Site, and
an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a
governmentally derived higher Project Site land value due to an enhanced highest and best use, FCT
acquisition activities shall be terminated unless the Seller agrees that the appraisal(s) will be based
on the highest and best use of the Project Site on or before the FCT Governing Board selection
meeting.
7. FCT's performance and obligation to financially perform pay under this Agreement is
contingent upon an annual appropriation by the Florida Legislature, and is subject to any
modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
8. FCT's performance and obligation to financially perform under this Agreement is
contingent upon the issuance of Florida Forever Revenue Bonds issued by the State ofFlorida and of
the proceeds of the Florida Forever Revenue Bonds being released to the Department.
V. NOTICE AND CONTACT
1. All notices provided under or pursuant to this Agreement shall be in writing and
delivered either by hand delivery or first class, certified mail, return receipt requested, to:
.
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Aprn 15, 2009
SMWW - GC -4-
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100
2. All contact and correspondence from FCT to the Recipient shall be through the key
contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the
authorized key contact on behalf of the Recipient for purposes of coordinating project activities for
the duration of the project:
Name: Rebecca Grohall
Title: Growth Management Director
Address: 1225 Main Street
Sebastian, FL 32958
Phone: (772)388 -8228 Fax: (772)388 -8248
E -mail: rgrohall @cityofsebastian.org
3. The Recipient authorizes the administrator, employee, officer or representative
named in this paragraph to execute all documents in connection with this project on
behalf of the Recipient, including, but not limited to, the Grant Contract or any
• addenda thereto, purchase agreement(s) for the property, grant reconciliation
statement, closing documents and Declaration of Restrictive Covenants.
Name: Al Minner
Title: City Manager
Address: 1225 Main Street
Sebastian, FL 32958
Phone: (772)388 -8200 Fax: (772)5$1 -0149
Email: aminner @cityofsebastian.org
5. In the event that different representatives or addresses are designated for either
paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to
FCT as provided in paragraph 1. above.
6. The Recipient hereby notifies FCT that the Recipient's Federal Employer
Identification Number(s) is 59-6000427
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VI. PRE - CLOSING REQUIREMENTS
• Prior to FCT approval of the signed purchase agreement(s), closin s of the real
pp � p g( )
estate transaction(s) to acquire the Project Site and final disbursement of the FCT Award, the
Recipient shall submit to FCT:
a. Supporting documentation that the conditions imposed as part of this
Agreement have been satisfied.
b. A signed statement by the Recipient that the Recipient is not aware of any
pending criminal, civil or regulatory violations imposed on the Project Site
by any governmental agency or body.
C. A signed statement by the Recipient that all activities under this Agreement
comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the applicable adopted and
approved comprehensive plan.
d. Additional documentation as may be requested by FCT to provide Reasonable
Assurance, as set forth in paragraph VIIA. below.
2. FCT shall approve the terms under which the interest in land is acquired pursuant to
Section 3 80.510(3), Fla. Stat. Such approval is deemed given when FCT approves and executes the
purchase agreement for acquisition of the Project Site, further described in paragraph VI. 1.a. above.
• 3. All real property shall be obtained through a Voluntarily- Negotiated Transaction, as
defined in Rule 9K- 9.002(42). The use of or threat of condemnation is not considered a Voluntarily-
Negotiated Transaction.
4. Any invoices requested, along with proof of payment, shall be submitted to FCT and
be in a detail sufficient for a proper audit thereof.
5. Interest in the Project Site shall be titled in the Recipient.
7. The transfer of interest to the Recipient for the Project Site shall not occur until the
requirements for the acquisition of lands, as specified in Section 380.507(l 1), Fla. Stat. and Rule
Chapter 9K -10, F.A.C., have been fully complied with by the Recipient and FCT and the Recipient .
has complied with all Purchase Agreement requirements.
8. The deed transferring interest of the Project Site to the Recipient shall set forth the
executory interest of the Board of Trustees of the Internal Improvement Trust Fund.
VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT
1. Prior to the signature of the purchase agreement(s), closing(s) of the real estate
transaction(s) and final disbursement of the FCT Award, the Recipient shall submit to FCT and have
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approved a Management Plan that complies with Rule 9K- 9.010, F.A.C. and addresses the criteria
and conditions set forth in Articles VII, VIII, IX,,X and XI herein. The Recipient is strongly, urged
to coordinate with FCT staff in order to ensure that FCT approval of the Management Plan occurs
prior to the closing date of the real estate transaction(s) associated with the Project Site and the
disbursement of the FCT Award.
2. The Management Plan explains how the Project Site will be managed to further the
purposes of the project and meet the terms and conditions of this Agreement. The Management Plan
shall include the following:
a. An introduction containing the project name, location and other background
information relevant to management.
b. The stated purpose for acquiring the Project Site as proposed in the
Application and a prioritized list of management objectives.
C. A detailed description of all proposed uses including existing and proposed
physical improvements and the impact on natural resources.
d. A scaled site plan drawing showing the Project Site boundary, existing and
proposed physical improvements.
e. A description of proposed educational displays and programs to be offered, if
applicable.
. £ A schedule for implementing the development and management activities of
the Management Plan.
g. Cost estimates and funding sources to implement the Management Plan.
3. If the Recipient is not the proposed managing entity, the Management Plan shall
include a signed agreement between the Recipient and the managing entity stating the managing
entity's willingness to manage the site, the manner in which the site will be managed to further the
purpose(s) of the project and the identification of the source of funding for management.
In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the
interlocal agreement that sets forth the relationship among the partners and the fiscal and
management responsibilities and obligations incurred by each partner for the Project Site as a part of
its Project Plan.
4. To ensure that future management funds will be available for the management of the
site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, Fla.Stat., the Recipient(s)
shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K-9.002(19),
F.A.C., that it has the financial resources, background, qualifications and competence to manage the
Project Site in perpetuity in a reasonable and professional manner. Where the Recipient is a Non-
profit Working Waterfront Organization and does not include at least one Local Government partner,
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FCT will require the Recipient to establish a management endowment in an amount sufficient to
• ensure performance; and provide a guaranty or pledge by the Local Government, the Water
Management District in which the project is located, or a managing agency of the Board of Trustees
to act as a backup manager to assume responsibility for management of the Project Site in the event
the Recipient is unable to continue to manage the Project Site.
5. The Recipient shall, through its agents and employees, prevent the unauthorized use
of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT.
6. All buildings, structures, improvements and signs shall require the prior written
approval of FCT as to purpose. Major land alterations shall require the written approval of FCT.
The approvals required from FCT shall not be unreasonably withheld upon sufficient
demonstration that the proposed structures, buildings, improvements, signs or land alterations
will not adversely impact the management of the Project Site. FCT's approval of the Recipient's
Management Plan addressing the items mentioned herein shall be considered written approval
from FCT.
7. As required by Rule 9K- 9.012, F.A.C., each year after FCT closes on the Project Site,
the Recipient shall prepare and submit to FCT an annual stewardship report that documents the
progress made on implementing the Management Plan.
VIII. SPECIAL MANAGEMENT CONDITIONS
In addition to the Management Plan conditions already described in this Agreement, which apply to
• all sites acquired with FCT funds, the Management Plan shall address the following conditions that
are particular to the project site and result from either representations made in the application that
received scoring points or observations made by FCT staff during the site visit described in Rule 9K-
9.007, F.A.C.:
1. The future land use and zoning designations of the project site shall be changed to
Working Waterfronts or other similar category.
2. A permanent recognition sign, at a minimum size of 3' x 4', shall be maintained at the
entrance area of the project site. The sign shall acknowledge that the project site was purchased
with funds from the Florida Communities Trust Program and the Recipient.
3. At closing, the existing submerged land lease will be transfer to the Recipient.
4. Prior to closing, the Recipient will provide a letter from the Department of Environmental
Protection stating the current land owner is in compliance with Chapters 253, 258, 373 Part IV
and 403 Florida Statutes and the submerged land lease for all facilities or structures on the
Project Site that are located over state sovereignty submerged land and that applicable fees or
wetslip certification forms are current or that the facilities or structures are not subject to a state
sovereignty submerged land lease.
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isApril ls, 2009
5MWW - GC .. -8-
5. Annually the Recipient will provide a letter from the Department of Environmental
• Protection stating the Recipient is in compliance with Chapters 253, 258, 373 Part IV and .403
Florida Statutes and the submerged land lease for all facilities or structures on the Project Site
that are located over state sovereignty submerged land and that applicable fees or wetslip
certification forms are current or that the facilities.
6. One of the existing buildings on the project site will be used as a working waterfront
building and the other as an educational site highlighting the cultural and historic heritage of
Florida's traditional Working Waterfronts.
7. Permanent structured displays of artifacts and other items shall be provided that provides
information about the economic, cultural or historic heritage of Florida's traditional Working
Waterfronts
8. Interpretive kiosk or signs shall be provided that educate the public about the economic,
cultural, or historic heritage of Florida's traditional Working Waterfronts
IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED
BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT.
1. Each parcel in the Project Site to which the Recipient acquires interest shall be subject
to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and
restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times
is complies with Sections 375.051 and 380.510, Fla. Stat.; Section 11(e), Article VII of the Florida
Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of
the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt
bonds. The Declaration ofRestrictive Covenants shall contain clauses providing for the conveyance
of interest to the Project Site to the Trustees, or a Nonprofit Working Waterfront Organization or
government entity, upon failure to comply with any of the covenants and restrictions, as fiuther
described in paragraph 3. below.
2. The Declaration of Restrictive Covenants shall also restate the conditions that were
placed on the Project Site at the time ofprojeet selection and initial grant approval. The Declaration
of Restrictive Covenants shall be executed by FCT and the Recipient at the time of the closing of the
Project Site and shall be recorded by the Recipient in the county(s) in which the Project Site is
located.
3. If any essential term or condition of the Declaration of Restrictive Covenants is
violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient
shall be notified of the violation by written notice given by personal delivery, registered mail or
registered expedited service. The recipient shall diligently commence to cure the violation or
complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing
activities can not be reasonably completed within the specified thirty (30) day time frame, the
Recipient shall submit a timely written request to the FCT Program Manager that includes the status
of the current activity, the reasons for the delay and a time frame for the completion of the curing
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Awfl IS, 2009
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activities. FCT shall submit a written response within thirty (30) days of receipt of the request and
approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be
completed within one hundred twenty (120) days of the Recipient's notification of the violation.
However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater
extension of time to complete the activities, FCT shall give the request due consideration. If the
Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the
time frame approved by FCT pursuant to the Recipient's request, all interest in the Project Site shall
be conveyed to the Trustees unless FCT negotiates an agreement with- another local government,
Nonprofit Working Waterfront Organization, Water Management District in which the project is
located, or a managing agency of the Board of Trustees who agrees to accept interest and manage the
Project Site. FCT shall treat such property in accordance with Section 380.508(4xe), Fla. Stat.
X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT
FUNDING
1. The interest acquired by the Recipient in the Project Site shall not serve as security
for any debt of the Recipient.
2. If the existence of the Recipient terminates for any reason, interest to the Project Site
shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government, Nonprofit Working Waterfront Organization, Water Management District in which the
project is located, or a managing agency of the Board of Trustees who agrees to accept interest and
manage the Project Site.
• 3. Following the acquisition of the Project Site, the Recipient shall ensure that the future
land use and zoning designation assigned to the Project Site is for a category dedicated to working
waterfronts. If an amendment to the applicable comprehensive plan is required, the amendment shall
be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent
to the Project Site's acquisition.
4. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the Recipient at the Project Site.
5. The Project Site shall permanently contain one sign recognizing FCT's role in the
acquisition of the Project Site.
XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND
PROCEEDS
1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on
the Recipient in order to ensure that the project complies with the requirements for the use of Florida
Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code
and the regulations promulgated thereunder as the same pertain to tax exempt bonds.
2. The Recipient agrees and acknowledges that the below listed transactions, events, and
circumstances may have negative legal and tax consequences under Florida law and federal income
.
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tax law. The Recipient fiu-ther agrees and acknowledges that these disallowable activities may be
• allowed up to a certain extent based on guidelines or tests <outlineddn the Federal Private Activity
regulations of the Internal Revenue Service:
a. any sale or lease of any interest in the Project Site to a non - governmental
person or organization;
b. the operation of any concession on the Project Site by a non - governmental
person or organization;
C. any sales contract or option to buy or sell things attached to the Project Site to
be severed from the Project Site with a non - governmental person or
organization;
d. any use of the Project Site by a non - governmental person other than in such
person's capacity as a member of the general public;
e. any change in the character or use of the Project Site from that use expected
at the date of the issuance of any series of Bonds from which the
disbursement is to be made;
f. a management contract for the Project Site with a non - governmental person
or organization; or
• g. such other activity or interest as may be specified from time to time in
writing by FCT to the Recipient.
3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to
remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as
provided for in paragraph V.1., at least sixty (60) calendar days in advance of any such transactions,
events or circumstances, and shall provide to FCT such information as FCT reasonably requests in
order to evaluate for approval the legal and tax consequences of such disallowable activities.
4. In the event that FCT determines at any time that the Recipient is engaging, or
allowing others to engage, in disallowable activities on the Project Site, the Recipient shall
immediately cease or cause the cessation of the disallowable activities upon receipt ofwritten notice
from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right
to seek temporary and permanent injunctions against the Recipient for any disallowable activities on
the Project Site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND
OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL
PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY
RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE
CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING
.
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BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY
• THE CONTRACTING PARTY.
XII. RECORDUEEPING; AUDIT REQUIREMENTS
1. The Recipient shall maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure
of funds under this Agreement. These records shall be available at all reasonable times for
inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT.
"Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
2. If the Recipient expends a total amount of State financial assistance equal to or in
excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or
project - specific audit for such fiscal year in accordancewith Section 215.97, Fla. Stat., the applicable
rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local
government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In
determining the State financial assistance expended in its fiscal year, the Recipient shall consider all
sources of State financial assistance, including State funds received from FCT, other state agencies
and other non -state entities. State financial assistance does not include Federal direct or pass -
through awards and resources received by a non -state entity for Federal program matching
requirements. The handing for this Agreement was received by FCT as a grant appropriation.
In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit
• complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a
reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local
government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General.
It may be necessary for the Recipient to amend prior fiscal year audits to account for receiving the
FCT grant funds because the determining factor of when the expenditure must be accounted for is
when the expenditure is made, not the signing of this agreement. Per Department of Financial
Services Rule 691- 5.004(2)(a), Florida Administrative Code, the determination of when State
financial assistance is expended should be based on when the activity occurs (the activity pertains to
events that require the nonstate entity to comply with contracts or agreements, such as expenditure
transactions associated with grants.) Additional prior fiscal year expenditures of State financial
assistance should be added to total expenditures of State financial assistance previously reported for
the prior fiscal year to determine if the threshold was exceeded. If so, the nonstate entity should take
appropriate action to provide for an audit for the prior fiscal year in accordance with the Florida
Single Audit Act.
3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97; Fla. Stat. is not
required. If the Recipient elects to have an audit conducted in accordance with the provisions of
Section 215.97, Fla. Stat., the cost of the audit must be paid from non -State funds (i.e., the cost of
such an audit must be paid from Recipient funds not obtained from a State entity).
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4. The annual financial audit report shall include all management letters, the Recipient's
response to all findings, including corrective actions to be taken, and a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
agreement number. Copies of financial reporting packages required under this Article shall be
submitted by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs (at each of the following addresses):
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
and
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
State of Florida Auditor General at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
11 I West Madison Street
Tallahassee, Florida 32302 -1450
5. If the audit shows that any portion of the funds disbursed hereunder were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to FCT of all funds not spent in accordance with the applicable regulations and
Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non-
compliance.
6. The Recipient shall retain all financial records, supporting documents, statistical
records and any other documents pertinent to this Agreement for a period of five (5) years after the
date of submission of the final expenditures report. However, if litigation or an audit has been
initiated prior to the expiration of the five -year period, the records shall be retained until the
litigation or audit findings have been resolved.
7. The Recipient shall have all audits completed in accordance with Section 215.97,
Fla. Stat. performed by an independent certified public accountant ( "IPA ") who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted above.
XIII. DEFAULT; REMEDIES; TERMINATION
1. If the necessary funds are not available to fund this Agreement as a result of action by
the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ("Events
of Defaulf'), all obligations on the part of FCT to make any finrther payment of funds hereunder
shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth
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.. sMWW - GC -13-
herein, but FCT may make any payments or parts of payments after the happening of any Events of
• Default without thereby waving the right to exercise such remedies, and without becoming liable to
make any further payment. The following constitute Events of Default:
•
n
U
thereunder;
a. If any warranty or representation made by the Recipient in this Agreement,
any previous agreement with FCT or in any document provided to FCT shall
at any time be false or misleading in any respect, or if the Recipient shall fail
to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with FCT and has not cured such in
timely fashion, or is unable or unwilling to meet its obligations
b. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial
condition revealed in any reports filed or to be filed with FCT, and the
Recipient fails to cure said material adverse change within thirty (30) days
from the date written notice is sent to the Recipient by FCT;
G. If any reports or documents required by this Agreement have not been timely
submitted to FCT or have been submitted with incorrect, incomplete or
insufficient information; or
d. If the Recipient fails to perform and complete in timely fashion any of its
obligations under this Agreement.
2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30)
calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's
failure to timely cure, exercise any one or more of the following remedies, either concurrently or
consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from
pursuing any other remedies contained herein or otherwise provided at law or in equity:
a. Terminate this Agreement, provided the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective
when placed in the United States mail, fast class mail, postage prepaid, by
registered or certified mail -return receipt requested, to the address set
forth in paragraph V.2. herein;
b. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
C. Withhold or suspend payment of all or any part of the FCT Award;
d. Exercise any corrective or remedial actions, including, but not limited to,
requesting additional information from the Recipient to determine the reasons
for or the extent of non - compliance or lack of performance or issuing a written
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warning to advise that more serious measures may be taken if the situation is
• not corrected; or
e. Exercise any other rights or remedies which maybe otherwise available under
law, including, but not limited to, those described in paragraph IX.3.
3. FCT may terminate this Agreement for cause upon written notice to the Recipient.
Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; failure to make significant progress toward the
closing(s) of the real estate transaction(s) and Management Plan approval; and refusal by the
Recipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, F1a.Stat., as amended. Appraisals, and any other reports relating to
value, offers and counteroffers are not available for public disclosure or inspection and are exempt
from the provisions of Section 11 9.07(l), Fla. Stat. until a Purchase Agreement is executed by the
Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is
executed, then as provided for in Sections 125.355(1)(a) and 166.045(1)(a), Fla. Stat.
4. FCT may terminate this Agreement when it determines, in its sole discretion, that the
continuation of the Agreement would not produce beneficial results commensurate with the further
expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice.
5. The Recipient may request termination of this Agreement before its Expiration Date
by a written request fully describing the circumstances that compel the Recipient to terminate the
project. A request for termination shall be provided to FCT in a manner described in paragraph V.1.
• X lV. LEGAL AUTHORIZATION
1. The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive funds to be provided under this Agreement and that, if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement
with all covenants and assurances contained herein. The Recipient also certifies that the undersigned
possesses the authority to legally execute and bind the Recipient to the terms of this Agreement.
XV. STANDARD CONDITIONS
1. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is
in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision
shall be deemed null and void to the extent of such conflict and shall be severable, but shall not
invalidate any other provision of this Agreement.
2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on
strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT
for any fin-ther or subsequent default by the Recipient. Any power of approval or disapproval
os- ooa -wwi
• Apra 15, 2009
sMww - cc -15-
t
•
•
granted to FCT under the terms of this Agreement shall survive the terms and life of this
Agreement as a whole.
3. The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101 -336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation, State and local government services, and in telecommunications.
4. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit lease bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity,
and may not transact business with any public entity in excess of Category Two for a period of
thirty-six (36) months from the date of being placed on the convicted vendor list or on the
discriminatory vendor list.
5. No funds or other resources received from FCT in connection with this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
This Grant Contract embodies the entire agreement between the parties.
IN WITNESS THEREOF, the parties hereto have duly executed this Grant Contract.
CITY
By/
Al Mimer
Date:
Approv t rm d ality:
By: ff eo Print N e: Robert A. Ginsburg
ATTEST:
Sally A. Mai , MMC - City Clerk
•
084103-WWI
April 15, 2009
SMW W - GC
. .... 46.,.
FLORIDA TRUST
By: Ken Re;Z=S
Commum Program Manager
Date :" %
App as to orm and Legality:
By:
Kristen L. Coons, Trust Counsel
Contract No.N 6r-,F1 -08- Fg & - JW
• FCT Project No: 08. 003 -WViW1
CONFIDENTIALITY AGREEMENT
This is a Confidentiality Agreement ( "Agreement ") pursuant to Rule 9K- 10.005(3), Florida
Administrative Code (F.A.C.).
Parties to the Confidentiality Agreement: The City of Sebastian ( "Recipient "), a local
government of the State of Florida, and the FLORIDA COMMUNITIES TRUST ( "FCT "), a
non - regulatory agency within the Department of Community Affairs.
Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the
project site in SMWW application 08-003-WWI that was selected for funding and is governed
by a Grant Contract for FCT Project Number 08- 003 -WW1 ( "Project Site ").
Confidentiality:
a) Pursuant to Rule 9K- 10.002(8), F.A.C., the term "Confidential" refers to information that
shall not be available for public disclosure or inspection and is exempt from the provisions of
Section 119.07, Florida Statutes (F.S.).
b) The Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and
counteroffers as required by Section 125.355(1)(a), F.S., for counties, or Section 166.045(1)(a),
F.S., for municipalities, and Chapter 9K -10, F.A.C. The Recipient may disclose such confidential
• information only to the individuals listed herein below.
c) Requests to add persons to the disclosure list shall be made in writing. Upon the written
consent of the FCT Community Program Manager, the Recipient shall execute an Addendum to
the Agreement. All confidentiality requirements outlined above shall apply to individuals added
to the list.
d) The undersigned board members and staff of the Recipient and its agents, if any, agree to
maintain the confidentiality of appraisal information, offers and counter - offers concerning FCT
Project Number 08- 0003 -WW1, as required by Section 125.355 (1)(a), F.S., for counties or
Section 166.045 (1)(A), F.S., for municipalities, Chapter 9K -10, F.A.C., and this Confidentiality
Agreement between the Recipient and FCT.
• 08- 003 -WW1
4/15/2009
e) The undersigned certify that they have no legal or beneficial interest in the Project Site.
Date Recipient Board Member, Signature
Staff or Agent Name
4/22/2009
4/22/2009
4/22/2009
4/22/2009
4/.22/2 009
4/22/2009
4/22/2009
4/22/2009
Mayor Richard H. Gillmor
Vice Mayor Jim Hill
Council Member Andrea Coy
Coumcil Member Dale SbrMck
Cot=il Member Eugene Wolff
Al Minner, City Manager
Rebecca Grohall, Growth Mgmt. Dir.
Robert Ginsburg, City Attorney
Sally.A. Maio, City Clerk
Date: z4 2.,y 09
Approv, to form and legality:
'L,1000" �z
By: Robert A. Ginsbtng
Title: City Attorney
ATTEST
Sally A. Ma , MMC - City Clerk
• 2
08- 003 -WR'1
FLORIDA COMMUNITIES TRUST
By:
Ken Reecy
Community Program Manager
Date: S-1-0
Approved as to form and legality:
0`--
By: Kristen L. Coons
Title: Trust Counsel
FCT Contract Number &-0r,,671-09-F9-4f-00)
FLORIDA COMMUNITIES TRUST
•
WWI Award Number O8-003-WWI
SEBASTIAN WORKING WATERFRONT
COLLABORATIVE
ADDENDUM I TO GRANT CONTRACT
THIS ADDENDUM I is entered into by and between the FLORIDA COMMUNITIES
TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community
Affairs, and the CITY OF SEBASTIAN, a political subdivision of the State of Florida (Recipient),
this y?�' day of 0 L4 2010.
NOW THEREFORE, FCT and the Recipient mutually agree as follows:
WHEREAS, the parties hereto entered into a Grant Contract which sets forth the
conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the
FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to
its acquisition with the FCT Florida Forever award;
WHEREAS, the initial term of the Grant Contract expires April 15, 2010;
WHEREAS, the Recipient in accordance Section 2 of the Grant Contract has timely submitted
• to FCT a written request for extension of the April 15, 2010 deadline;
WHEREAS, Section 2 of the Grant Contract states that the Grant Contract may be amended at
any time and any modification must be set forth in a written instrument and agreed to by both the
Recipient and FCT;
WHEREAS, the parties hereto desire to extend the term of the Grant Contract;
NOW THEREFORE, FCT and the RECIPIENT mutually agree as follows:
Notwithstanding the language of Section I of the Grant Contract the parties hereby
agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph
1.
2. In every respect, this amendment is to be construed and applied as though the parties
had both signed it before April 15, 2010.
08-003-WWI
April 15, 2010
GCAMD.1
•
•
3. The Grant Contract by and between FCT and the Recipient is hereby extended until
October 15, 2010.
This Addendum I and the Grant Contract embody the entire agreement between the
parties. All other terms and conditions not specifically referenced in this agreement remain the
same and unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I.
CITY F BASTIAN FLORIDA COMMUNITIES TRUST
B . By:
Al M' er Ken Reecy
City Mana e Community Program Manager
Date: Date: � � I
Approved as to Form and Legality:
By:
Robert A. Ginsburg
08-003-WWI
April 15, 2010
GCAMD.1
2
Approved Wto Form and Legality:
By:
Kristen L. Coons, Trust Counsel
2077484
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECOR
This document prepared by: OF INDIAN RIVER COUNTY FL
BK: 2431 PGA 268, Pagel of 12
Kristen L. Coons, Esquire 07/12/2010 at 11:53 AM.
Florida Communities Trust
• Department of Community Affairs JEFFREY K BARTON. CLERK OF CC
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
FLORIDA COMMUNITIES TRUST
SMWWl AWARD #08- 003 -WW1
FCT Contract #09- CT- El- 08 -F8 -G1 -WW1
SEBASTIAN WORKING WATERFRONT
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION is entered into by and between the ;FLORIDA COACVI MTiES TRUST
( "FCT "), a nonregulatory agency within the State of Florida Department of Community Affairs, and
the CITY OF SEBASTIAN, apolitical subdivision of the State of Florida ( "Recipient ").
THIS DECLARATION IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the intent of this Declaration is to impose terms and conditions on the use of
state funds and the lands acquired with such state funds, as described in Exhibit "A" attached hereto
and made apart hereof ( "Project Site, ), that are necessary to ensure compliance with applicable
Florida law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter
380, Part III, Florida Statutes;
•
WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a
non - regulatory agency within the Department of Community Affairs C Department ") that will assist
local.governments in bringing into compliance and implementing the conservation, recreation and
open space, and coastal elements of their comprehensive plans or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governments and nonprofit
working waterfront organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, the people of the State of Florida are concerned about the loss of adequate
access to tidal waters for the commercial harvesting of wild and aquacultured marine organisms
within the State of Florida
WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida
Forever Act, which provides for the distribution of two point five percent (2.59/o), less certain
reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other
revenue source designated by the Florida Legislature, to provide land acquisition grants to local
governments and nonprofit working waterfront organizations for the acquisition of working
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WHEREAS, the State of Florida, acting by and through FCT, and the Recipient seek to
permanently preserve and conserve the Project Site as a working waterfronts since the Project Site
• has significant value as working waterfront real estate to provide access to tidal waters to support or
to provide direct services to Working Waterfronts Businesses;
WHEREAS, Rule 9K -9, Florida Administrative Code CT.A.C.'), sets forth the procedures
for the evaluation and selection of lands proposed for acquisition and Rule 9K -10, F.A.C. sets forth
the acquisition procedures;
WHEREAS., FCT has approved the terms under which the Project Site was acquired and the
deed whereby the Recipient acquired title to the Project Site. The deed shall contain such covenants
and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with
Section 375.051, Florida Statutes and Section 9, Article .XU of the State Constitution and it shall
contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of
the Internal Improvement Trust Fund ( "Trustees') upon the failure of the Recipient to use the Project
Site acquired thereby for such purposes;
WHEREAS, the purpose of this Declaration is to set forth the covenants and restrictions that
are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the Recipient
for Project Costs; and,
WHEREAS, this Declaration constitutes a restriction and covenant that shall forever run with
the land and is binding upon the Recipient, its successors, and assigns in the event of any transfer,
• sale or foreclosure of the Project Site.
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and the Recipient do hereby contract and agree as follows:
I. PERIOD OF AGREEMENT
1. This Declaration shall begin upon execution by both parties. The covenants and
restrictions contained herein shall run with the project Site and shall bind, and the benefit shall inure
to, FCT and the Recipient and their respective successors and assigns.
II. MODIFICATION OF DECLARATION
1. Either party may request modification of the provisions of this Declaration at any
time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly
signed by each of the parties hereto. Such amendments shall be incorporated into this Declaration.
III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE
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•
COVENANTS
1. Upon execution by the parties hereto, the Recipient shall cause this Declaration to be
• recorded and filed in the official public records of Indian River County, Florida, and in such
manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees
and charges incurred in connection therewith.
2. The Recipient and FCT agree that the State of Florida Department of Environmental
Protection shall forward this Declaration to the Department of Environmental Protection Bond
Counsel for review. In the event Bond Counsel opines that an amendment is required to this
Declaration so that the tax- exempt status of the Florida Forever Bonds is not jeopardized, FCT and
the Recipient shall amend the Declaration accordingly.
IV. NOTICE AND CONTACT
1. All notices provided under or pursuant to this Declaration shall be in writing and
delivered either by hand delivery or first class, certified mail, return receipt requested, to the
addresses specified below. Any such notice shall be deemed received on the date of delivery if by
personal delivery or upon actual receipt if sent by registered mail.
FCT: Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399 -2100
• ATTN: Program Manager
Recipient:
ATTN:
2. In the event that a different representative or address is designated for paragraph 1.
above after execution of this Declaration, notice of the change shall be rendered to FCT as provided
in paragraph 1 above.
V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259,
CHAPTER 375 AND CHAPTER 380, PART III, FLA. STAT.
I . Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall
enter, into a new agreement with the transferee containing such covenants, clauses or other
restrictions as are sufficient to protect the interest of the State of Florida.
DRC108- 003 -WW 1
O,i/11/2010
2. The interest acquired by the Recipient in the Project Site shall not serve as security for
any debt of the Recipient.
• 3. If the existence of the Recipient terminates for any reason, title to the Project Site
shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish
and Wildlife Conservation Commission, the Department of Environmental Protection or a Water
Management District who agrees to accept title and manage the Project Site.
4. In the event that the Project Site is damaged or destroyed or title to the Project Site, or
any part thereof, is taken by any governmental body through the exercise or the threat of the exercise
of the power of eminent domain, the Recipient shall deposit with FCT any insurance proceeds or any
condemnation award and shall promptly commence to rebuild, replace, repair or restore the Project
Site in such manner as is consistent with the Declaration. FCT shall make any such insurance
proceeds or condemnation award moneys available to provide fluids for such restoration work. In
the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or
restoration of the Project Site after notice from FCT, FCT shall have the right, in addition to any
other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to
prevent the occurrence of a default hereunder.
Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of any
of the covenants and restrictions of this Declaration concerning the construction and operation ofthe
Project Site.
• VI. MANAGEMENT OF PROJECT SITE
I. The Project Site shall be managed only for the conservation, protection and
enhancement of working waterfronts, along with other related uses necessary for the accomplishment
of this purpose. The proposed uses for the Project Site are specifically designated in the
Management Plan approved by FCT.
2. The Recipient shall ensure that the future land use designation assigned to the Project
Site is for a category dedicated to working waterfront uses, as appropriate. If an amendment to the
applicable comprehensive plan is required, the amendment shall be proposed at the next
comprehensive plan amendment cycle available to the Recipient.
3. The Recipient shall ensure, and provide evidence thereof to FCT, that all activities
under this Declaration comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the adopted and approved comprehensive plan for the
jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and permits
have been obtained prior to the commencement of any construction.
4. The Recipient shall, through its agents and employees, Prevent the unauthorized use
DRC108- 003 -WW1
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• 4
of Project Site or any use thereofnot in conformity with the Management Plan approved by FCT.
5. FCT staff or its duly authorized representatives shall have the right at any time to
• inspect the Project Site and the operations of the Recipient at the Project Site.
6. All buildings, structures, improvements and signs shall require the prior written
approval of FCT as to purpose. Further, tree removal, other than non - native species, and maj or land
alterations shall require the written approval of FCT. The approvals required from FCT shall not be
unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings,
improvements, signs, vegetation removal or land alterations will not adversely impact the natural
resources or working waterfront aspects of the Project Site. FCT's approval of the Recipient's
Management Plan addressing the items mentioned herein shall be considered written approval from
FCT.
7. if archaeological and historic sites are located on the Project Site, the Recipient shall
comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the
disturbance of archaeological and historic sites on the Project Site shah be prohibited unless , rior
written authorization has been obtained from the Department of State, Division of Mstorical
Resources.
8. As required by Rule 9K -9, F.A.C., each year after FCT reimbursement of Project
Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the
progress made on implementing the Management Plan.
• V11• SPECIAL MANAGEMENT CONDITIONS
In addition to the Management Plan conditions already described in this Agreement,; which apply to
all sites acquired with FCT funds, the Management Plan shall address the following conditions that
are particular to the project site and result from either representations made in the application that
received scoring points or observations made by FCT staff during the site visit described in Rule 9K-
9.007, F.A.C.:
I • The future land use and zoning designations of the project site shall be changed to
Working Waterfronts or other similar category.
2. A permanent recognition sign, at a minimum size of 3' x 4', shall be in at the
entrance area of the project site. The sign shall acknowledge that the project site was purchased
with funds from the Florida Communities Trust Program and the Recipient.
3• After closing, the existing submerged land lease will be transfer to the Recipient.
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•
4. Annually the Recipient will provide a letter from the Department of Environmental
Protection stating the Recipient is in compliance with Chapters 253, 258, 373 Part N and 403
Florida Statutes and the submerged land lease for all facilities or structures on the Project Site
• that are located over state sovereignty submerged land and that applicable fees or wetslip
certification forms are current or that the facilities.
5. One of the existing buildings on the project site will be used as a working waterfront
building and the other as an educational site highlighting the cultural and historic heritage of
Florida's traditional Working Waterfronts.
6. Permanent structured displays of artifacts and other items shall be provided that provides
information about the economic, cultural or historic heritage of Florida's traditional Working
Waterfronts.
7. Interpretive kiosk or signs shall be provided that educate the public about the economic,
cultural, or historic heritage of Florida's traditional Working Waterfronts.
VIII. RECORDKEEPING; AUDIT REQUIREMENTS
1. The Recipient shall maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure
of funds under this Declaration. These records shall be available at all reasonable tunes for
inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT.
• "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal
business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
2. If the Recipient expends a total amount of State financial, assistance equal to or in
excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or
proj ect- specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable
rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 local
government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In
determining the State financial assistance expended in its fiscal year, the Recipient shall consider all
sources of State financial assistance, including State funds received from FCT, other state agencies
and other non -state entities. State financial assistance does not include Federal direct or ass -
through' awards and resources received by a non -state entity for Federal program matching
requirements. The funding for this Declaration was received by FCT as a grant appropriation.
In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit
complies with the requirements of Section .215.97(7), Fla. Stat. This includes submission of a
reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local
government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General.
DRC108- 003 -WW 1
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• 6
3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not
required. If the Recipient elects to have an audit conducted in accordance with the provisions of
• Section 215.97, Fla Stat., the cost of the audit must be paid from non -State fluids (i.e., the cost of
such an audit must be paid from Recipient funds not obtained from a State entity).
4. The annual financial audit report shall include all management letters, the Recipient's
response to all findings, including corrective actions to be taken, and a schedule of financial
assistance specifically identifying all Declaration and other revenue by sponsoring agency and
agreement number. Copies of financial reporting packages required under this Article shall be
submitted by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs (at each of the following addresses):
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
State of Florida Auditor General at the following address:
• Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302 -1450
5. If the audit shows that any portion of the funds disbursed hereunder were not spent in
accordance with the. conditions of this Declaration, the Recipient shall be held liable for
reimbursement to FCT of all funds not spent in accordance with the applicable regulations and
Declaration provisions within thirty (30) days after FCT has notified the Recipient of such non-
compliance.
6. The Recipient shall retain all financial records, supporting documents, statistical
records and any other documents pertinent to this Declaration for a period of five years afterthe date
of submission of the final expenditures report. However, if litigation or an audit has been initiated
prior to the expiration of the five -year period, the records shall be retained until the litigation or audit
findings have been resolved.
7. The Recipient shall have all audits completed in accordance with Section 215.97,
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0,5
Fla. Stat. performed by an independent certified public accountant ( "IPA ") who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted above.
• IX. DEFAULT; REMEDIES; TERNIINATION
1. If any essential term or condition of the Declaration of Restrictive Covenants is
violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient
shall be notified of the violation by written notice given by personal delivery, registered mail or
registered expedited service. The recipient shall diligently commence to cure the violation or
complete curing activities within thirty (30) days afterreceipt ofnotice ofthe violation. Ifthe curing
activities can not be reasonably completed within the specified thirty (30) day time frame, the
Recipient shall submit a timely written request to the FCT Program Manager that includes the status
of the current activity, the reasons for the delay and a time frame for the completion of the curing
activities. FCT shall submit a written response within thirty (30) days of receipt of the request and
approval shall not be unreasonably withheld.. It is FCT's position that all curing activities shall be
completed within one hundred twenty (120) days of the Recipient's notification of the violation.
However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater
extension of time to complete the activities, FCT shall give the request due consideration. If the
Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the
time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the
Proj ect Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish
and Wildlife Conservation Commission, the Department of Environmental Protection or a Water
•Management District, who agrees to accept title and manage the Project Site. FCT shall treat such
property in accordance with Section 380.508(4)(e), Fla. Stat.
X. LEGAL AUTHORIZATION
I. The Recipient certifies with respect to this Declaration that it possesses the legal
authority to receive funds to be provided under this, Declaration and that, if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Declaration
with all covenants and assurances contained herein. The Recipient also certifies that the undersigned
possesses the authority to legally execute and bind the Recipient to the terms of this Declaration.
M. STANDARD CONDITIONS
I . This Declaration shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Declaration shall lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall
be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate
any other provision of this Declaration.
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2. No waiver by FCT of any right or remedy 'granted hereunder or failure to insist on
strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
• remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for
any further or subsequent default by the Recipient.
3. The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101 -336, 42 U.S.C. Section 121019 se . , if applicable, which prohibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation, State and local government services, and in telecommunications.
4. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit lease
bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of Category Two for a period of 36 months from
the date of being placed on the convicted vendor list or on the discriminatory vendor list.
5. No funds or other resources received from FCT in connection with this Declaration
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
• This Declaration including Exhibit "A" embodies the entire agreement between the parties.
DR008- 003 -WW1
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IN WITNESS WHEREOF, the parties hereto have duly executed this Declaration.
C7
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN, a political
subd' 'si of the State of Florida
B.
Date G 2Z l 4-ro
ByprO tG''--- egahty.
Print Name._ &_ 11'
The foregoing instrument was acknowledged before me this Dr day of l cn 6
2010 ,by y X Al 141tindo.r on behalf of the Local Government, and who is personally
known to me.
JEANETTE wLuAMs
• QMMSSW nD 63M2
d eEZ!tiFeb :iois
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•
10
I ta ry Public.
Print Name: Ran e#e.. (,l/4 1 r O MS
Commission No D (o D 152
My Commission Expires: 2 ZF� //
Witness: FLORIDA COMMUNITIES TRUST
0
Print e:
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Print Name: A I
STATE OF FLORIDA
COUNTY OF LEON
By: 4,1—
Ken Reecy, Community Pr Manager
Florida Communities Trust
Date: . G -;26-- (A-%
Approv as t Form and Legality:
By �–
Kristen L. Coons, Trust Counsel
The foregoing instrument was acknowledged before me this od4y'of
2010, by Ken Reecy, Community program Manager, Florida Communities Trust, ho is ersonall
known to me. p y
•
DRC108- 003 -WW1
6/11/2010
•
11
Notary Public r
Print Name:
Commission No.
My Commission Expires : --
MIRIAMSNlPES
*' +: MY COMMI QN # DD 989858
E)(PIAES September 7,20T4
A , Babded Theo Noliry Pu* Indetwrften
EXI3113IT "A"
DANCU PARCEL
Lots 1, 2 and 3, Block 2, Middleton's Subdivision of City of Sebastian, according to the map or plat thereof as recorded in
Plat Book 2, Page 56, Public Records of Indian River County, Florida.
OOGETBER WITH
From a point of beginning at the intersection of the South line of Government Lot 2, of Section 31, Township 30 South,
Range 39 East, Indian River County, Florida and the Mean High Water Mark of the West bank of Indian River, run West
along said South line of Governmental Lot 2 a distance of 80.05 feet, more or less, to the East right-of-way of Old U.S.
Highway No. 1, said right —of —way being 66 feet in width; thence run North 25 degrees 22 minutes West along said East
right-of -way line a distance of 71.45 feet; then run East, parallel to the South line of said Governmental Lot 2, a distance of
94.89 feet; thence run North 70 degrees 45 minutes East a distance of 132.03 feet to the established bulkhead line; thence
run South 25 degrees 22 minutes East along said bulkhead line a distance of 66.43 fee thence run South 70 de
minutes West a distance of 145.50 feet to the point of beginning des t
South line of said Government Lot 2; p gnm�ng on the Mean High Water Line of Indian River and on the
AND ALSO all of that part of Lot 1, Block 1, MIDDLETON'S SUBDIVISION OF CITY OF SEBASTIAN, according to
Plat thereof recorded in Plat Book 2, Page 56, Public Records of Indian River County, Florida lying East of Indian River
Drive (Old U.S. Hwy #1) and described as follows:
From a point beginning at the Mean High Water line of the West shore of the Indian River on the Township Line between
Township 30 South and Township 31 South, run West along said Township line (same being the North line of said Lot 1
Block 1, MIDDLETON'S SUBDIVISION OF CITY OF SEBASTIAN, a distance of 80.05-feet more or less, to the East
right -of -way of Indian River Drive (Old U.S. Highway No. 1) said right -of -way being 66 feet in width; thence run South 25
degrees 22 minutes East along said East right -of -way a distance of 90 feet; thence run North 80 degrees 00 minutes 00
seconds East a distance of 113 feet more or Less to the Mean High Waterline of the Indian River; thence meander.
Mean High Water Line in a Northwesterly direction to the point h beginning, the
ROWSKI PARCEL
e 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 Is Subdivision and the East right -of -way line of Indi
Drive (being a point 37.15 feet due East of the centerline of Indian River Drive), the Point of Beginning: Thence over
118 degrees 41 minutes 37 seconds along the East right -of -way, a distance of 184.75 feet more or less to a concrete
erIy
monument marked "x '; thence run East 10' North of due East to the high waterline of the Indian River, thence Souther]
along the high water line of said Indian River to a point intersecting the Easterly projected South line of Nddleton's y
Subdivision and the high water line of the Indian River, thence West to the point of beginning. Being a art of
Government Lot 1, Section 6, Township 32 South, Range 39 East. p
Together with an upland, submerged land, littoral rights, shore rights and riparian rights lying to the East thereof to the
center of the Indian River;tq thq extent that same appertain to the property above described.
END OF LEGAL DESCRIPTION,
DRC108 -003 -WWI
151 2010
12
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Exhibit C
For Lease
Between
City of Sebastian
and
Fisherman's Landing Sebastian, Inc.
•
•
Fisherman's Landing Sebastian, Inc.
MEMORANDUM OF UNDERSTANDING
This document is to serve as a "Memorandum of Understanding" between
Fisherman's Landing Sebastian, Inc. and Indian River Seafood, Inc., dba Crab E.
Bill's, Inc..
All parties agree upon the following items:
• Upon or before the Certificate of Occupancy (CO) is issued for the
Fisherman's Landing/Hurricane Harbor location, Indian River Seafood,
• Inc., dba Crab E. Bill's, Inc. will pay Fisherman's Landing, Inc. a first
installment of $50,000.00.
Indian River Seafood, Inc., dba Crab E. Bill's, Inc., will pay Fisherman's
Landing, Inc. its second and final installment of $50,000.00 on or before
October 1, 2011.
It is agreed upon by all parties that these payments will be applied as rent credits
to Indian River Seafood, Inc., dba Crab E. Bill's, Inc. rental statement. Indian
River Seafood, Inc. dba Crab E. Bill's, Inc. is responsible for $3,000.00 in rent
each month.
We are in agreement of these terms:
a:�� W--e� DATE — ,?e r/
Charles W. Sembier Ii
President
Fisherman's Landing Sebastian, Inc.
•
a,J� DATI 1 It
Susan Andrews
President
Indian River Seafood, Inc., dba
Crab E. Bill's, Inc.
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Exhibit D
For Lease
Between
City of Sebastian
and
Fisherman's Landing Sebastian, Inc.
•
.7
•
LEGAL DESCRIPTION UPLAND PARCEL
THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 1, MIDDLETON'S
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2,
PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF
MIDDLETON'S SUBDIVISION AND THE EAST RIGHT -OF -WAY LINE OF
INDIAN RIVER DRIVE (BEING A POINT 37.15 FEET DUE EAST OF THE
CENTERLINE OF INDIAN RIVER DRIVE), THE POINT OF BEGINNING;
THENCE NORTHERLY 118 041'37" ALONG THE EAST RIGHT -OF -WAY LINE
OF INDIAN RIVER DRIVE, A DISTANCE OF 184.75 FEET MORE OR LESS TO
A CONCRETE MONUMENT MARKED "X "; THENCE RUN EAST 10° NORTH
OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN RIVER; THENCE
SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A
POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF
MIDDLETON'S SUBDIVISION AND THE HIGH WATER LINE OF THE INDIAN
• RIVER; THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF
GOVERNMENT LOT 1, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST.
TOGETHER WITH A UPLAND, SUBMERGED LAND, LITORIAL RIGHTS,
SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO
THE CENTER OF THE INDIAN RIVER TO THE EXTENT THAT SAME
APPERTAIN TO THE PROPERTY ABOVE DESCRIBED.
SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD,
IF ANY.
U
•
This Instrument Prepared By:
Pattie J. Scott
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
2086.882
THIS DOCUMENT HAS BEEN
RECORDED IN THE PLJB:_IC RE =ORDS
OF INDIAN RIVER COUNTY FL
3K: 2441 PG:582. Paget of 15
08/27/2010 at 12:01 PM,
JEFFREY K BARTON, GLZRK OF COURT
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL
MODIFICATION TO INCREASE SQUARE FOOTAGE
AND REFLECT CHANGE IN OWNERSHIP
BOT FILE NO.: 310006484
PA NO.:
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
�lorida, 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 the City of Sebastian, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Section 06
Township 31 Sou Range 399 in the Indian River.
Indian River County, containing 20,855 square feet,
more or less, as is more particularly described and shown
on Attachment A, dated June 4, 2010.
TO HAVE THE USE OF the hereinabove described premises from June 28, 2010, the effective date of this modified
lease renewal, through August 15, 2014, the expiration date of this modified lease renewal. The terms and conditions on and for
which this modified tease renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 13 -slip commercial docking
facility and non -water dependent building structure exclusively to be used for mooring fishing and recreational vessels in
conjunction with an upland customer parking lot for marina without fueling facilities, with a sewage pumpout facility if it meets
the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of
Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 29, as shown and conditioned in
is ttachment A. All of the foregoing subject to the remaining conditions of this lease.
2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee for the expanded area
(Z,930 square feet) of $449.11, plus 25 percent surcharge and sales tax pursuant to Section 212.031, Florida Statutes, if
applicable, within 30 days of receipt of this fully executed modified lease. The annual fee for the remaining years of this lease for
the entire lease area (20,855 square feet) shall be adjusted pursuant to provisions of Rule 18 -21.01 I, Florida Administrative Code.
The State of Florida Department of Environmental Protection, Division of State Lands (the "Division ") will notify the Lessee in
3. WET SLIP RENTAL CERTIFICATION /SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon
request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two
(2) above, including the income, as defined in subsection 18- 21.003(31), Florida Administrative Code, derived directly or
indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6 %) of said annual income
exceeds the base fee or minimum annual fee established pursuant to Rule 18- 21.011, Florida Administrative Code, for any
lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the
amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip
at the leased docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if
the wet slip renter /user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement
used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from
said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said
amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that
clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially
similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to
transfer said wet slip to each new wet slip renter /user/hplder.
4. LATE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due
under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve
percent (12 %) per annum, calculated on a daily basis for every day the payment is late.
5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease, the Lessor is hereby specifically
thorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional
Wars, 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. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the
gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the
leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the 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 verification
purposes by the Lessor.
7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein. The Lessee shall not (i) change or add to the approved use of the leased premises as
defined herein (e.g., from commercial to multi - family residential, from temporary mooring to rental of wet slips, from rental of
wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to
rental or temporary mooring of charter /tour boats, from loading/offloading commercial to rental of wet slips, etc.); (ii) change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian
upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified
permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if
applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified
lease.
8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
operative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land,
the use thereof; may be purchased, sold, or re -sold.
•
9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain the
interest in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof
together with the riparian rights appurtenant thereto, 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 interest in the riparian upland property, the Lessee shall inform any
potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its
terms and conditions and shall complete and execute and documents required by the Lessor to effect an assignment of this
lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with
the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments
incurred prior to such act.
10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of this lease, current management standards and applicable laws, rules and regulations in effect at that time.
Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
11. INDEMNIFICATIONMWESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
12. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such
Oigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
13. NOTICES /COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by
the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to
comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease
may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above - described
parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this
lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the following address:
City of Sebastian, Florida
Sebastian City Hall
1225 Main Street
Sebastian, Florida 32958
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective.
14. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease.
15. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part
reof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy
e 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. MAINTENANCE OF FACILITY /RIGHT TO INSPECT: The Lessee shall maintain the leased premises in
good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health,
safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased
nrPmiePe chall he enhiart to ;nenPrtinn hu the T weenr nr ;te '4.0; Qt.A o-4. �t —, r000..,,ot,lc t;--
•
17. NON - DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thereoi), to notify the Lessor in writing, so that a replacement may be provided.
18. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
19. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
20. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that
time. In the event that Lessee is in full compliance with the terms of this lease, 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
WTrev io us Iease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the
see shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense.
he obligation to remove all structures authorized herein upon. termination of this lease shall constitute an affirmative covenant
upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the
title to the Lessee's interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in title or
successors in interest.
21. REMOVAL OF STRUCTURES /ADMINISTRATIVE FINES: If the Lessee does not remove said structures
and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease; such structures
and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited
structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in
Paragraph 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 the Lessor under applicable laws, rules and regulations including the right to compel removal
of all structures and the right to impose administrative fines.
22. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 21 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or
maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's
interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in
the riparian upland property shall be enforceable in summary proceedings as provided by—law.
23. RECORDATION OF LEASE. The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
24. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
parian 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.
•
25. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of
the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized
by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not
increase the mooring capacity of the docking facility.
26. ADVERTISEMENT /SIGNS/NON -WATER DEPENDENT ACTIVITIES /ADDITIONAL
ACTIVITIES /MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining
activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures,
fences, docks, pilings or any structures whose use is not water - dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and 'shall
subject the Lessee to administrative fines under Chapter 18 -14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,
safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this lease.
27. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Oessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE 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.
28. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
29. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any
twelve(12) month period, nor shall any such vessel constitute a legal or primary residence.
30. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
31. SPECIAL LEASE CONDITIONS:
A. Unless authorized in writing by the Lessor, the Lessee shall not rebuild or restore the non -water dependent
structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of a
tructure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to
store the structure to a safely useable condition. In addition, the use of the non -water dependent structures included in this
ease shall not be converted to a new use except as authorized in writing by the Lessor.
B. Within 60 days after the Lessor's execution of this lease, Lessee shall install and display permanent manatee
educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species
from boat operation. Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods and
shall be required to replace the signs in the event they become faded, damaged or outdated. Lessee shall ensure that the view
_r.t.. -_ _ — i .. a L_... 4 __ -._.._,.«._-..., Im- _.._.t.... - -_ —.4 ------ r _ ._ n . _ r.w ........_ -i...r
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
BY: lAlf;
7e Ge tions and Manage 4 ent Consultant
Manager, Bureau of Public Land Administration,
Division of State Lands, State of Florida Department of
Environmental Protection, as agent for and on behalf of the Board
of Trustees of the Internal Improvement Trust Fund of the State
of Florida
The foregoing instrument was acknowledged before me this 1 913 day of
Internal Improvement Trust Fund of the State of Florida. He is
APPRO D AS T RM A WI:
9DEP A rney
Maio, City Clerk
TN-;W/Printed Name
Original Signature
a-e -
Typed/Printed Name of Witness
WTE OF Florida
COUNTY OF Indian River
A. Ginsburg
"LESSOR"
of Florida
20 10 , by
Printed, Typed or � a.#r�hy C Grif State of Florida
frn
?or r►oFP E Y Commission DD72769
My Commission i> "a 10/30/2011 2
Commission/Serial
Ct of Sebastian. Florida SEAL
0
BY:
Original gnature of txecuting Authority
Richard H. Gillmor
Typed/Printed Name of Executing Authority
Mayor
Title of Executing Authority
"LESSEE"
The foregoing instrument was acknowledged before me this 11th day of August , 20_M__, by
Richard H. Gillmor as Mayor , for and on behalf of the City of Sebastian, Flori da. He is personally known to me,pr wh&has
pradueed afi-identi€tea�a.
Boundary Survey
for'Stibmerged Land Lease
at Dabrowski Marina
Indian River County, Florida
Not Valid Without All Sheets
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CODIFIED- TO:
STATE OF FLORIDA
BOARD OF TRUSTEES,
THE INTERNAL IMF R.:Q.,W'-,'
Drawn by- Checked by File name Sheet -1. of 7 me D fe.,.-.
CJG DMT .6483
f
jYrole'z; Reed 1i
fog qAjstD tE
PRO SUR fwm",4" A'"PPERS EVS D
• !fESX101V
�t. Ep
1655 27th Str6e't, Suite 2 Vero Beach, Florida 32960
Phone: (772) 56478050 Fax: (772) 794-0647
Lv
0
Yawing Name
64qMWG
Boundary Survey.
for Submerged Land Lease
at Dabrowski Marina
Indian giver County, Fldrida
Not Valid Without All Sheets
LEGEND
R/W
RIGHT —OF —WAY
NO.
NUMBER
R
RADIUS
L
LENGTH
CH
CHORD DISTANCE
CB
CHORD BEARING
PSM
PROFESSIONAL SURVEYOR -AND MAPPER
A
DELTA
N
NORTH
S
SOUTH
E
EAST
W
WEST
P.O.C.
POINT OF COMMENCEMENT
P.O.B.
POINT OF BEGINNING
NA V0
NORTH AMERICAN VERTICAL DATUM
LB
LICENSED BUSINESS
FDEP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
PB
PLA T BOOK
PC
PAGE
SQ. FT.
SQUARE FEET
LEGAL DESCRIPTION FOR SUBMERGED LEASE AR A
A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT A NAIL & DISK STAMPED W8Z AT THE INTERSECTION OF THE NORTH LINE OF PARCEL
OF LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 564, PAGE 596, PUBLIC RECORDS OF INDIAN
RIVER COUNTY FLORIDA AND THE EAST RIGHT ='OF —WAY LINE OF INDIAN RIVER DRIVE THENCE
52539'00 "E, 182.97 FEET TO AN IRON ROD & CAP STAMPED LB 4644. AT THE SOUTH LINE OF
MIDDELTON'S SUBDIVISION PER PLAT BOOK 1, PAGE 56 PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; THENCE S88'17'26 -E ALONG THE SAID SOUTH LINE OF MIDDELTON S SUDIVISION 116.14 FEET
TO THE MEAN HIGH WATER OF THE INDIAN RIVER; THENCE ALONG THE SAID MEAN HIGH WATER 1NE
FOLLOWING CALLS; THENCE N0750'15 E 32.54 FEET; THENCE N1356'13 "w, 15.89 FEET; THENCE
NO2'14'55 E, 42.86 FEET, • THENCE N215442 E, 14.69 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG.SAID MEAN HIGH WATER N283148 'W,' 13.04 FEET, THENCE LEAVING SAID MEAN
HIGH WATER N69104'47 "E, 32.41 FEET; THENCE N21 '19'47 "W, 120.07 FEET; THENCE N-64 59 24 "E,
122.46 FEET- N673T58 "E, 31.12 FEET,•- THENCE S21'1123 E, 43.03 FEET; THENCE 5226'09 "E,
47.14 FEET, THENCE 523 39'34 "E, 43.70 FEET- S68-41'41"W, 7Z52- FEET; THENCE 525105'08 "E,
2.35 FEET, THENCE 56753 24 "W, 22.27 FEET, THENCE 5243554 "E 3.63 FEET,• THENCE 5675522-W'
87.00 FEET BACK TD THE POINT OF BEGINNING:
CONTAINING 0.48 ACRES (20854.71 SQ. FT.) MORE OR LESS
Sheet 2 of 7
arrn by: Checked by Fite name
CJG DMT 6483
asielle�;1�lvle�; .1'I�eed Taylor; life.
• PROF "MMM&- yURFffTORSAN,0AUPM ,.
fA�VP SUR YE� YI1 t'C B r rSII ► W , S . S' # V 6.,''V
1655 27th Street, Suite 2 Vero Beach, .Florida 32960
Phone: (772) 564 -8050 Fax' (772) 794 -0647
M
i .1
iwing Name
4.83.DWG
1F��AND
FL�F2IDA
EFL..
V
Boundary Survey
for Submerged Laid Lease at Dabrowski Marina
. Indian River County, Florida
Not Valid t ithout All Sheets
REPORT C SURVEY
• TYPE OF SURVEY: BOUNDARY (THIS IS A FIELD SURVEY)
• SURVEYOR IN RESPONSIBLE CHARGE: DAVID TAYLOR P.S.M. 5243
• MASTELLER, MOLER, REED &. TAYLOR INC. CERTIFICATE OF AUTHORIZATION L.B. 4644
PHONE (772) 564 -8050
1655 27TH STREET, SUITE 2, VERO BEACH, FLORIDA 32960
• THIS SURVEY AND REPORT IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TD THE SURVEY MAP
ANO /OR REPORT' OF SURVEY BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT
WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
• HORIZONTAL CONTROL ACCURACY- THE EXPECTED USE OF THE SURVEY MAP AND REPORT FOR THE
LAND, AS CLASSIFIED IN THE MINIMUM TECHNICAL'STANDARDS (5J- 17•FAC) IS SUBURBAN. THE
MINIMUM RELATIVE STANCE ACCURACY FOR
IN 7500 FEET THIS TYPE OF.BOUNDARY CONTROL SURVEY IS I FOOT
GEOMETRIC T THE ACCURACY OBTA INED BY MEASUREMENT AND CALCULATION OF A CLOSED
REQUIREMENT. OR REDUNDANCY OF MEASUREMENT WAS FOUND TO MEET OR EXCEED THIS
• HORIZONTAL FEATURE ACC(JRACY: ' TOPOGRAPHIC -LAND FEATURES (SIGNS, INLETS, VALVES,
MAILBOXES, POWERPOLES DRIVEWAYS, CULVERTS AND SIMILAR FEATURES) HAVE A HORIZONTAL
FEATURE ACCURACY of PLUS OR MINUS 0.25 FEET_
• VER7CAL CONTROL ACCURACY- . VERTICAL CONTROL AS ESTABLISHED FOR THIS PROJECT SITE IS
ACCURATE 717 PLUS OR MINUS 0.05 FEET TIMES THE SQUARE ROOT OF THE DISTANCE IN MILES
• ELEVATIONS OF WELL— IDENIIFlEO FEATURES CONTAINED IN THIS SURVEY AND MAP HAVE BEEN
MEASURED TO AN ESTIMATED VERTICAL POSITION ACCURACY OF PLUS OR MINUS 0.10 FEET.
• DATA ACQUIS17ION WAS OBTAINED DURING THE FOLLOWING TIME FRAME OR DATE: 5110
• THE BEARING BASE FOR THIS SURVEY IS AS FOLLOWS:
A) ASSUMED
B) THE EAST RIGHT —OF —WAY LINE OF INDIAN RIVER DRIVE AS DEPICTED.
C) THE LINE BEARS S00 '25'39 E
• THE ELEVA7ONS AS SHOWN ON THIS SURVEY ARE BASED ON
OF 1988. THE NORTH AMERICAN VERTCIAL DATUM
• NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS RIGHTS —OF —WAY AND
FURNISHED TO THIS SURVEYOR EXCEPT IOR OWNERSHIP WER£ AS SHOWN. NO 1TTLE OPINION IS EXPRESSED OR IMPLIED.
• THIS SURVEY DOES NOT CERTIFY To THE EXISTENCE OR LOCATION OF ANY FOUNDATIONS, UTILITIES,
UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS EXCEPT AS SHOWN.
• UNLESS A COMPARISON IS SHOWN, PLAT VALUES & MEASURED VALUES ARE THE SAME.
• ALL MEASUREMENTS ARE IN FEET AND DECIMAL PARIS - THEREOF AND ARE IN ACCORDANCE WITH THE
STANDARDS OF THE UNITED STATES.
THE HORIZONTAL VALUES SHOWN HEREON REFER 70 THE STATE PLANE COORDINATE SYSTEM, FLORIDA
EAST ZONE, NAD 83 (NGS ADJUSTMENT OF 1990) ESTABLISHED USING RIK OBSERVATIONS.
' THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 17 —(AS • NOTED) OR SMALLER.
f .:.t,.
►Sheet 3 o 7 Drawn by: Checked by File name Date!
CJG . DMT 6483 6/..04'
kt
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ffolen Reed Taylor; Iric. NDTr, YA io;irvj
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T.,I1LilSURFSF7NCB�ISDVESS"64Y
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564 -8050 Fax: (772) 794 -0647
Name
0
W
Boundary Survey
for S'ubttierged Laud Lease at Dabrowsl i Maritsa
Indian Diver County; Florida
Not Valid Without All Sheets
S "TCHOFLUSE,4",,4 -P S'C"f PTI
MO NO NUMEN T X4- n26.la�I�L�NTPtPOP IE�TYD `Tf1I�
MO '
FOUND NA7L &
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\ C�
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FOUND 3/4' "I'll"
the / Length
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�a \
POYCe
NO, IDENRFlCA77om SET 7RON ROD •
N285t48'w
de CAP 1.8 464
the / !e
�j�
Lt4 j
L3 120.07
N2179'47 -W
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L17 t'
N8439141'
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WE
LB 4.303
0
L22 13
LZJ 15
.100, 200' \'
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LB 4J.70
,sheet 4 of 7 rDrawn y: Checked by
Fite name
J DMT
6483
YMuMllen jVoler .feed & TErylo�;
t10 , 2.35
PROF,& s,rmr,sCLSURf- EjV0,UjA W A a
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f7 L
/ .L--(" SURPffIZV6!ffLT W ESS "64V
: SV73r24 YY
1655 27th Street, Suite 2 Vero Beach, Florida 32960
L12 :
Phone: (772) 564 -8050 Fax: (772) 794 -0647
R
Parcel Line Table
ne
the / Length
0��
z
Lt t3CtN
N285t48'w
''15'E
L2 3241
N9904'47'E
13'11
L3 120.07
N2179'47 -W
'W E
14 12248
N8439141'
WE
L5 31.12
K0752-S0-r
WE
LB 4.303
52171231E -
781:
77 47.14
572p9b9�
?9'E
LB 4J.70
S23tYa'.T4T
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S68'41 41'M
18 E
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Lit'. 22 7
: SV73r24 YY
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524555;l:13`'
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T i r
,.;S.fi Ee' .r. lafjng Name
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6
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SW
PRO
SHORELINE OF
SUBJECT PROPERTY -205'±
36' ±. NATURAL 187.
169'-+ HEADWALL 82%
SHORELINE SOUTH
135-+ ROCKS 12%
947'±• NATURAL 887.
SHORELINE NORTH
421'.* NATURAL 399
238'-+ SEAWALL 22% .'0
VETMENT 39%
Sheet 5 of 7
Boundary Survey
for Submerged Land Lease
at Dabro-wski Marina
Indian' River County, Florida
Not Valid Without All Sheets
01 10
too, _,
toot
Z7 3;1
r
1
Drawn by: Checked by � File name Da
CJG DMT. 6463 6/04
1YIaStellep YVale.; Reed & ?aylo�; Itr
PROFSSION�fL
A SI7XYEYORSa(/tr,UM�sCppERS
L.414DSURYEYINGBIlS SS#j(6 -y
1655 27th Street. Suite 2 Vero Beach, Florida 32960
Phone: (772) 564 -8050 Fax: (772) 794 -0647
�, 4
yY
Scale" Drawing Name
1 " :!M' .:AhfhW'G
" y
Boundary Survey
for Submerged Land Lease at Dabrowski'Marina
• Indian River County, Florida
Not Valid Without AM Sheets
SXEFcff oFff-IYSFZJVG ZMPROVEAfflyrs'
141VIO Up-L"p PETWL
o
5 0
Ilen
JWILUNGS, DIRT & SMVE
DRIVE
(NOT ML DEFAMED)
'[ME R
NO SV=RJRE5 WrHw
1001 OF SWUf LHT
OF LEASE AREA
SEE SHEET 7
FOR DETAIL
2390 J+
x .3 'qd-3+
A
OjAi . t140
rAI&WIRW wAM? LA/E- -)3
WVAR0,N -.X72= 88)
DATED 511312010 AM
LOCATED 5A3/2010
0 80, 160,
Sheet6 Drawn by:
of 7 Ic Checked
......... CJG DMT
File Date
6483
Moles; Reed& -rqy,(,gr,
PROEMMOAW -rZIRI-EFORSMD"PERS
fVD SUR f-EY4 WC ff USIZVEJ S- ff4 V
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564-8050 Fax: (772) 794-0647
NOT V
THE ORIG(CqAdy"t.ZAjSk'
UC, - R
IRV! PEQ,
Z
F —77-
MF 1
Boundary Survey
for Submerged Land Lease at Dabrowski Marina
' Indian diver CoUnty, Florida
Not Valid Without All sheets
RET,Sfll OFEXl,�'TI1►rG - fVFROYEfi1EA7X
"LffAS ' ME,4
BOAT SUP 5
BOAT SLIP 4
BOAT SLIP' 7
r
BOAT SUP 6
BOAT SLIP 8
BOA r SLIP .3 &000 RUNG
(TYPICAL)
k?
9 � X85
LEASE AREA
BOAT SLIP 2 17-3'
\ BOAT SUP
N 17 BOAT SLIP ® 13
BOAT SLIP 1 14.4 j 12
BOAT SLIP 'a_ a
u
if
p BOAT SLIP
BOAT SUP
9
u •
CRANDFAMERED
E"siwG
BURDING
(DAMAGED)
46 4 �
\ o_
s �G1 \ \ \
\ \ -,,%
MEAN MGM WAIER uw
\ \ (t3EYARON - -an' NAVY W) 0 30' 60'
PER TIE F.D.EP. tE'TIER
DATED 511312010 AND .
LOCATED 5 /1 312 0 ►0
SheetSheet •t; .. = . -t-.:f
7 of 7 Drawn by: Checked by File name `date `'° ' 5ta {e °:'`_ 'Tr'q'wing Narrie
C1G DMT 6483 Gi�04 %20 [_3'xt :: iS483;D.WG
OL%j NOT Al1IfN�I 'Yyl F TF1Wt16NATURE•:AhD' e 1JhoINC.
F .1SED' SE L OF A : fj-,Okj6A
• PROFES�fION,SfL S'ilRYEYORS�Ml�1�PPERS' ucENs o. qYW'ANti AAepi R: :
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564 -8050 Fax: (772) 794 -0647 netAn*' :. s,n.
This Instrument Prepared k, and
Please Return To:
American Gov&mnt,,n Servuxa Corpamtior.
3312 west Unebaugh Am=
Tampa, Florida 33613
AGS : 23483
• TRUSTEE'S DEED
THIS L\Dk'NTURE, [Wade this day of June, A.D. 2010,
berween HERBERT 11.MORRISOV, SUCCESSOR TRUSTEE OF
THE HENRY J DABROWSKI IRREVOCABLE TRUST UNDER
REVOCABLE LIVING TRUST AGREEMENT DATED JULY 17,
2007, whose address is 28826 Ramblewood Drive, Farmington Hills,
M148334 -1750, Grantor, and CITY OF SEBA.STIA:X, a municipality
within Indian River County, Florida, whose mailing address is 1225
Main Street, Sebastian, Florida 32958, Grantee,
(wherever used hereto cite terms "Grantor" and "grantee" include an the parties
to this instrument and their he)rs, legal represeuterwes, successors and assigns.
"Critntor" and "grmttoe" era used cur singular and plural, as the eoutext requires
nod the use of aar ;euder shall include all genders.)
2077483
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2431 PG:1266, Pagel of 2
0711272010 at 11:53 AM, D DOCTAX PD
$5250.00
JEFFREY K BARTON. CLERK OF COURT
NITTNESSETH: That the said,Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable
considerations, to said Grmuor in hatd paid by said Grantee, the receipt whereof is hereby acknowledged, does hereby
remise, release and quit-claim unto the said Grantee forever, all right, title, interest, claim and demand which the said
Grantor has in and to the following described land situate, tying and being in Indian River County, Florida, to-wit:
See Exhibit "A" attached hereto and by reference made a pan hereof.
By acceptance of this Trustee's Deed, the Grantee hereby agrees that the use of the Property described herein shall be
subject to the covenants and restrictions as set forth in the Declaration of Re4uicdve Covenants recorded in the Public
Records of Indian River County, Florida. These covemars and restrictions shall rum with the Property herein described.
If any term or condition of the Declaration of Restrictive Covenants is violated by the Grantee or by some third party with
the knowledge of the Grantee and the Grantee does not correct the violation pursuant to the Declaration of Restrictive
Covenants, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida in accordance with Chapter 380, Pan III, Florida Statutes.
TO HAVE AND TO BOLD the same together with all and singular the appurtenances thereunto belonging or in anywise
appertaining and all the estate, right, tide, interest; lien, equity and claim whatsoever of the said Grantor either in law or
equity, to the only proper tee, benefit and behoof of the said Grantee forever.
THIS DEED is executed pursuant to and in exercise of the potter €ncl authority granted to and vested in said Trustee by
the terms of said dced4 or deeds in trust deliveed to &aid Trustee in pursuance of the Trust Agreement above mentioned.
This deed is made subject to taxes and assessments for the year 2010 and years thereafter and subject to easements and
restrictions ofrecord, if any.
• This conveyance is subject to easements, restrictions, limitations and conditions of record if any now exist, but any such
interests that may have been terminated are not hereby re-imposed-
This property is pot die homestead property of the Grantor(s), nor contiguous to homestezd property, ai such homestead is
defined under Florida law.
LN WIT?gESS WHEREOF the Grantor has hereunto set Grantor's hand and seal, the day and year first above written.
Signed, sealed and delivered in
the prese
(Sigarcii'vffi rst Wimess)
4.
rn�d, typed or stamped name of
t W*mess.)
(SidlTature ofsec imess)
j Rt r->A F57iy5' i i+ -:—
;Printed, typed or stamped name o(
second witness)
Herbert V.1-Morrison, Successor Trustee of the Henry J. Dabronski
Irrevocable Trust Under Revocable Living Trust Agreement dated
July 17, 2007
STATE OF 1-1 IC; l4l .'-Aj1J
COr:7(\,Ty OF Y t;
The1gregoi0xinstrutnent was acknowledged before me thisAk4dzy of J i07'C" , 2010, by Herber' t V. Morrison,
tSFxcce ;q�atr ;tl a of the Henry J. Dabronski Irrevocable Trust Under Revocable Living Trust Agreement dated July 17,
99: lrh pELa'illes) (`l9tary Public must cheep applicable box):
`'�- i (l iotary Sea!) .f '•:
ally known r me.
J
a CL2re nt L +CerLie.
as identi tioa
40tlaryub:lic
tate of i rigan
(Printed, Td or Stamped Name of Notary Pub&
`��yyrr-■al•e�t /*,� ��//�•,
CQWYGFtTA1*
Commission No.:
My Commission E ires:
w�yv�-
EXHIBIT'A"
LEGAL DESCRIPTION UPLAND PARCEL
THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 1, MIDDLETON'S
SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2,
PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF
MIDDLETON'S SUBDIVISION AND THE EAST RIGHT -OF -WAY LINE OF
INDIAN RIVER DRIVE (BEING.A POINT 37.15 FEET DUE EAST OF THE
CENTERLINE OF.WDIAN RIVER DRIVE), THE POINT OF BEGINNING;
THENCE NORTHERLY 118 °4137' ALONG THE EAST RIGHT -0I -WAY UNE
OF 4NDIAN RIVER DRIVE, A DISTANCE OF 184.75 FEET MORE OR LESS TO
A CONCRETE MONUMENT MARKED "X'; THENCE RUN EAST 10° NORTH
OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN RIVER; THENCE
SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A
POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF
MIDDLETON'S SUBDIVISION AND THE HIGH WATER LINE OF THE INDIAN
RIVER; THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF
GOVERNMENT LOT 1, SECTION 6, TOWNSHIP 32. SOUTH, RANGE 39 EAST.
TOGETHER WITH A UPLAND, SUBMERGED LAND, LITORIAL RIGHTS,
SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO
THE CENTER OF THE INDIAN RIVER TO THE EXTENT THAT SAME
APPERTAIN TO THE PROPERTY ABOVE DESCRIBED.
SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD,
IF ANY.
•
Exhibit E
For Lease
Between
City of Sebastian
and
Fisherman's Landing Sebastian, Inc.
n
•
Boundary Survey
for ,Submerged Land .Lease at Dabrowski A arina
Indian Diver County, Florida
Not Valid Wilhout All Sheers
DET.sfll OFE,VYFW6! ZIM ROIYEVEATT `
INLE SIff14 ,4
�Y ll
BOAT SLIP 5
BOAT SUP 4
BOAT SUP '7
r
BOAT SLIP 6
BOAT SLIP B
I T SLIP 3 Y/000 PIUNG
(TYPICAL) 1
A?
9 j 18 5
LEASE AREA
BOAT SLIP 2 17.3
5 ,
13' \ BOAT SLIP
N 1? BOAT SLIP ® 13
BOAT SLIP 1 14 4 J 12
BOA T SLIP '�_ °-
•
p BOAT SLIP
10
-
\ BOA r• step
9
GRANDFATNERED
_ EVSRNG
BUILDINC
(DAMAGED)
o
MEAM IiiGH WA MR UNE
\ \ \ �(EUR T)ICH- -CL72' M W) 0 30' 60'
OATED 5 /ts/20I0
LOCATED 5/13/2010 :. F• -:':
,Sheet 7 of % jorawn by: Checked by File name awing Name
CJG DMT 6483 6,04%20 =_3tl' ; 6483,D.WG
astellef; l; Olel; Rg ead� Ta for Ifzc: NOT��V, �.utj.;ti4� j7� - ti6kATURE•.ANI}
y 1 THE.- ORIGINA! ' SEd` OF A Fj,01i1C114
PROFESSIONAL .S'lltYyEyORS,SUIr�p, �ppE - UCEFfS D.> R%Y61MA L b%ARP.ER.,
aJ! UR� [.[lI�7B[1�.7- rlllr)a�lY�6%i� •t: aJ�. ",�' =S'd ..
1655 27th Street, Suite 2 Vero Beach, Florida 32960
Phone: (772) 564 -8050 Fax: (772) 794 -0647 nAtnn�,� riii: r� •• } ��:�
ABBREVIATIONS AND SYMBOLS
Le
LICENSED BUSINESS
eaP.u4
P.O.B. UPLAND
Z
O�
\
\
\PARCEL
'O \
ADDRESS
NO.
NUMBER
O
OAK
®
SANITARY MANHOLE
v
SIGN
R/W
CM
RIGHT OF WAY
4X4 CONCRETE MONUMENT
N12'58'06'W
PINE
®
DRAINAGE MANHOLE
O
LICIT POE
P.U. D.E.
PUBUC U71U7Y AND DRAINAGE EASEMENT
S6753'22"W, 6700 FEET BACK TO THE PONT OF BEGINNING
CONTAINING 048 ACRES (20954.71- SO_FT.) MORE OR LESS,
REPORT OF SAN?W :
-TYPE OF $URVEY BOUNDARY AND MEAN HIGH WATER UNE
FD.
O.R.B.
FOUND
OFFICIAL RECORD BOOK
MASIELLER MMIR, REED h TAYLOR HNC CERTIFICATE OF AUTHORIZATION L.B. 4811
1633 27111 STREET, SUI1E Z VERO BEACH, FLORIDA 32960
PALM
®
WELL
■
MAIL OR PAPER BOX
P.R.M.
PERMANENT REFERENCE MONUMENT
AND/OR REPORT OF SURVEY BY OTHER THAN THE SIGNING PARTY OR PARTIES 15 PROHIBITED WITHOUT
W ITTEN CONSENT OF THE SIGHING PARTY OR PARTIES.
HYDRANT
•
SOUTHERN BELL BO%
P.C.R
PERMANENT CONTROL POINT
®
91RU9
10000 FEET. THE ACCURACY OBTAINED BY MEASUREMENT AND CALCULATION OF A CLOSED
GEOMETRIC RCVRE OR REDUNDANCY OF MEASUREMENT WAS FOUND TO MEET OR EXCEED THIS
O
CABLE TV BOX
BM
BENCHMARK
MAILBOXES, POWERPOLES DRIVEWAYS, CULVERTS AND SWHLAAR FEATURES) HAVE A HORIZONTAL
FEATURE ACCURACY OF PLUS OR MINUS 025 FEET,
MAPLE
N
WATER VALVE
• ELEVATIONS OF WELL- IDENTIFIED FEATURES CONTAINED IN THIS SURVEY AND MAP HAVE BEEN
FT.
FINISH TIOON�
-DATA ACQUISITION WAS OBTAINED DURING THE FOLOWNG TIME FRAME OR DATE 512010
THE BEARING BASE FOR THIS SURVEY IS AS FOLLOWS
\
WATER METER
'
POWER POLE
..
R
C,
E
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C) THE BEARING 525'39'00 "E
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• THE ELEVATIONS AS SHOWN ON THIS SURVEY ARE BASED ON THE NATIONAL AMERICAN VERTICAL
\
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ELM
ICI
FURNISHED TO THIS SURVEYOR EXCEPT AS SHOW. NO 77 awNIO N IS EXPRESSED OR IYPLIEO.
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UNDERGROUND UTRJTES SIGN
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. ALL MEASUREMENTS ARE IN FEET AND DECIMAL PMTS THEREOF AND ARE IN ACCORDANCE NTH THE
IR
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•TMs MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF I " -40' CR SMALLER.
RISC TREE
r
CURB INLET
2010. FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COOIPLES WTH CNAP7ER
177, PART P. FLORIDA STATUTES
\
RGE.
RANGE
' SHOWN ON FLOOD INSURANCE RATE MAP 1206 100 0 7 7 F. DATED JAY Z 1992
•TIE MCTHODLY.00Y USED FOR DEIE)MHWATIOH (IF AVPARIAN ONES SHOWN HEREON IS PERPEAWVCLEANT
REUSE WATER VALVE
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NAIL 8 DISK
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PROFESSIONAL LICENSED SURVEYOR
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PROFESSONAL SURVEYOR k MAPPER
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POINT OF COMMENCEMENT
P.O.B.
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FCIMD NLL 4 \\
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N \ PLATBOOK Z PAGE 56
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SITE DATA
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ADDRESS
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SEBASTIAN, FLORIDA 32958
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31- 39-05- 00001- 0010 - 00002.0
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14.62
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SUBMERGED
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UPLAND AREA: 28,340.1 SO. FT OR 0.65 ACRES
LEASE AREA: 20,854.7.50. FT. OR a48 ACRES
DRAWING SCALE: 1' =40'
SITE DATA
CJG
APPROVED BY.,
OM
PREPERA77ON DATE:
511912010
ADDRESS
1532 INDIAN RIVER DRIVE
N23734'16'W
L4
SEBASTIAN, FLORIDA 32958
y 1N
TAX 0 I/"
31- 39-05- 00001- 0010 - 00002.0
O 1
L6
14.62
I9HM VIM MS \ \
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UPLAND AREA: 28,340.1 SO. FT OR 0.65 ACRES
LEASE AREA: 20,854.7.50. FT. OR a48 ACRES
DRAWING SCALE: 1' =40'
PREPARED BY
CJG
APPROVED BY.,
OM
PREPERA77ON DATE:
511912010
DRAWING NAME.
6483.DWG
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Parcel Line Table
UT,e ,f
Length
Direction
L1
9.43
1,163'5447'W
- L3
15.90
N23734'16'W
L4
13.79
N38'02'35'W
L5
72.81
N3139'09'W
L6
14.62
N12'58'06'W
LB
74.45
N2831'48'W
L9
14.69
N2154'42'E
CER77nED T(k
1) HENRY J. DABROWSKW IRREVOCABLE TRUST
2) FLORIDA COMMON ES TRUST
3) QrY OF SEBASTIAN
4)
3)
lYlap ofS'uYVey
P1#e,va1#ed Foy
PahtoowskiyMazina
LEGAL DESCRIPTION UPLAND EaRM
THE SOUTH 73 FEET OF LOT 1 AND ALL OF LOT a BLOCK 1, MOOLETONS SUBDIVISION, ACCORDING TO
THE PLAT RECORDED IN PLAT BOOK 2 PAGE 56, PUBLIC RECORDS OF WORM RIVER COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FCYJAWS
BEGINNING AT THE INTERSECTION OF THE SOUTH UNE OF MIDDLETON'S SUBDIVISION AND THE EAST
RIGHT -OIF -WAY LINE OF ROAN RIVER DRIVE (BEWG A POINT 37.13 FEET DUE EAST OF THE CEN7ERUNE OF
INDIAN RIVER DRIVE), THE PONT CE BEGINNNG TTHEETNJCE NORIERLY 118W1'37" ALONG THE EAST
RIGHT -OF -WAY LINE OF MAN RIVER DRIVE, A d$TANCE CAF 184.75 FEET MORE. OR LESS TO A CONCRETE
MCWUMENT MARKED "X"; THENCE RUN EAST 10' NORM CY DUE EAST TO THE HIGH WATERLINE OF THE INDIAN
RIVER; THENCE SOWNERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A POINT INTERSECTING
THE EASTERLY PRCJEC7ED SOUTH LINE OF NWDLETON'S SUWWSION AND THE HIGH WATER UNE OF THE
INDIAN RIVER; THENCE WEST TO THE POINT OF LEGINNING. BEING A PART OF GOVERNMENT LOT 1, SECTION 6,
TOWNSHIP 32 SOUTH. RANGE 39 EAST.
TOGETHER WITH A UPLAND, SUBMERGED LAND, UTOLAL RIGHTS, SHORE RIGHTS AND RIPARIAN RIGHTS LYING
THE THE EAST THEREOF TO THE CENTER OF E INDIAN RIVER TO THE EXTENT THAT SAME APPERTAIN TD THE
PROPERTY ABOVE DESCRIBED.
SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD, F ANY
F "AI DESCRIPTION SLON T7rmn LAND EA.
A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 31 WAIT", RANGE 39 EAST INDIAN RIVER COUNTY,
- FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT A NAIL Q DISK STAMPED WBZ AT THE WERSECRON OF THE NORTH LINE OF PARCEL OF
LAND AS DESCRIBED IN CMCIAL RECORDS BOOK 564, PACE 596, PUBLIC RECORDS OF WDAN RIVER COUNTY
FLORIDA AND THE EAST RIGHT -OF -WAY UNE OF INDIAN RIVER OBOE, THENCE S25'39'00'E, 182.97 FEET TO
AN IRON ROD h CAP STAMPED LB 4644 AT THE SOUTH UNE OF MILWELTOYS SUMW.VCN PER PLAT BOOK I.
PAGE 56 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORD E A; THENCE 5887726 " ALONG THE SAID SOUTH
LINE OF MODEL TONY SUDINSKW 116.14 FEET TO THE MEAN HIGH WATER OF THE INDIAN RIVER;. THENCE
ALONG THE SAID MEAN HIGH WATER THE FOLLOWING CALLS THENCE NOM75'E. 32.54 FEET], THHENCE
N1356'13•W, IS89 I'EET THENCE N0214'55"E 42.85 FEET,,' THENCE N215442"E 1A69 FEET 70 THE POINT
OF BEGINNING; THENCE' CONTINUING ALONG SAID MEAN HIGH WATER N2631'48 "W, 1,104 FEET,' THENCE
LEAVING SAID MEAN HIGH WATER N69D4'47"E 3241 FEET; THENCE N211947-W, 121107 FEET, THENCE
N1i459'24"E 12246 FEET; THENCE N673758'E, 37.12 FEET; THENCE S2171'23"E, 4103 FEET,. THENCE
S22D5'091E 47.14 FEET; THENCE S23 '3934 "E 4370 FEET,. THENCE S68V1'41"W, 7752 FEET.. THENCE
S25D5'OB "E 1.35 FEET THENCE S675324 "W, 2227 FEED THENCE S2415'54E, 3.63 FEET, THENCE
S6753'22"W, 6700 FEET BACK TO THE PONT OF BEGINNING
CONTAINING 048 ACRES (20954.71- SO_FT.) MORE OR LESS,
REPORT OF SAN?W :
-TYPE OF $URVEY BOUNDARY AND MEAN HIGH WATER UNE
•SURVEYOR IN RESPONSIBLE CHANCE: DAVID TAYLOR P.S.M. 5243
MASIELLER MMIR, REED h TAYLOR HNC CERTIFICATE OF AUTHORIZATION L.B. 4811
1633 27111 STREET, SUI1E Z VERO BEACH, FLORIDA 32960
- PHONE. (772) 564 -8050
- -THIS "ICY AND REPORT IS NOT VALID WTHOUT TIME SIGNATURE AND THE ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED SURVEYOR AND MAPPER ADDITIONS OR DELETIONS TO THE SURVEY MAP
AND/OR REPORT OF SURVEY BY OTHER THAN THE SIGNING PARTY OR PARTIES 15 PROHIBITED WITHOUT
W ITTEN CONSENT OF THE SIGHING PARTY OR PARTIES.
• HCM26NTAL CONTROL ACCURACY' THE EXPECTED USE OF THE SURVEY MAP AND REPORT FOR THE
\
LAND, AS CLASSIFIED IN THE MWIAH1/1H TECHNICAL STAND,VRDS (SJ-17 FAG) IS COMMERCIAL THE
MMIWM REUTVE DISTANCE ACCURACY FOR THIS i/PE OF BOUNDARY CON IRO. SURVEY /S 1 FOOT IN
10000 FEET. THE ACCURACY OBTAINED BY MEASUREMENT AND CALCULATION OF A CLOSED
GEOMETRIC RCVRE OR REDUNDANCY OF MEASUREMENT WAS FOUND TO MEET OR EXCEED THIS
REQUIREMENT.
'HORIZONTAL FEATURE ACCURACY TOPOGRAPHIC LAND FEATURES (SIGNS, INLET$ VALVES
\
MAILBOXES, POWERPOLES DRIVEWAYS, CULVERTS AND SWHLAAR FEATURES) HAVE A HORIZONTAL
FEATURE ACCURACY OF PLUS OR MINUS 025 FEET,
\ •VERTICAL CONTROL ACCURACY VERTICAL CONTROL AS ESTABLISHED FOR THIS PROJECT SITE IS
ACCURATE TO PLUS OR MINUS GO FEET TI THE MES E SQUARE ROOT OF THE DISTANCE W MILES.
• ELEVATIONS OF WELL- IDENTIFIED FEATURES CONTAINED IN THIS SURVEY AND MAP HAVE BEEN
MEASURED TO AN ESTIMATED VERTICAL P0977W ACCURACY OF PLUS OR MINUS DID FEET.
-DATA ACQUISITION WAS OBTAINED DURING THE FOLOWNG TIME FRAME OR DATE 512010
THE BEARING BASE FOR THIS SURVEY IS AS FOLLOWS
\
E 5
B) 1 E RIGHT-_ WAY UNE OF INDIAN RIVER DRIVE AS DEPICTED.
C) THE BEARING 525'39'00 "E
• THE ELEVATIONS AS SHOWN ON THIS SURVEY ARE BASED ON THE NATIONAL AMERICAN VERTICAL
\
DATUM OF 1988' THE ESTABLISHED BENCHMARK FOR THIS SURVEY IS INDIAN RIVER COUNTY
BENCHMARK WOOM12 LOCATED 587' SOUTH OF SUBJECT PROPERTY ALONG MOAN RIVER DRIVE.
' ELEVATIDIN =736 " M. _ "AV 878' NGVE7 1929.
'NO ANS:MMENTS OF RECORD REFLECTING EASE'MENI RIGHTS WAY AND/OR OMNO7SHIP WERE
ICI
FURNISHED TO THIS SURVEYOR EXCEPT AS SHOW. NO 77 awNIO N IS EXPRESSED OR IYPLIEO.
\
_ • THIS SURVEY DOES NOT CERTIFY TO THE EXISTENCE DR LOCATION OF ANY FO1IINDATONS UW717 ,
\ UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS EXCEPT AS SHOW
• UNLESS A COMPARISON IS SHOW. PUT VALUES k MEASURED VALUES ARE THE SAME
. ALL MEASUREMENTS ARE IN FEET AND DECIMAL PMTS THEREOF AND ARE IN ACCORDANCE NTH THE
• STANDARDS OF TIE UMTED STATES
THE HORIZONTAL VALUES SHOW/ HEREON REFER TO THE SU 7E PLANE COORDINATE SYSTEML FLORIDA
EAST ZONE HAD 83 (NOS ADJUSTMENT OF 19901
\
•TMs MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF I " -40' CR SMALLER.
•THE MEAN 1001 WATER ELEVATION OF _OM NANO 88 WAS PROVIDED W A LETTER DATED MAY 14
2010. FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND COOIPLES WTH CNAP7ER
177, PART P. FLORIDA STATUTES
\
• THE SURVEYED PROPERTY LIES IN FLOOD ZONES X, AE ELEVATION 70' AND AE EIEVAMW &0' AS
REGER TED
' SHOWN ON FLOOD INSURANCE RATE MAP 1206 100 0 7 7 F. DATED JAY Z 1992
•TIE MCTHODLY.00Y USED FOR DEIE)MHWATIOH (IF AVPARIAN ONES SHOWN HEREON IS PERPEAWVCLEANT
JUN 1 6 YD1O
TO IN CEN7ERLME OF 711E W7ERCOASTAL WATERWAY GNANWEL
\
P � Z (iTOWth MSr7t.
•
Exhibit F
For Lease
Between
City of Sebastian
and
Fisherman's Landing Sebastian, Inc.
•
•
E)USTfUG
TRASY
ENcu)SUAE
/ . ....... ....... . ..... ... ..... .
7
a, T
GRAVE
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MULTI-
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UOM,
RV; F Roattt to II
FRV;
A
Ex.
FXISTING N� . Mmaw
SIGN I 1.530 S.F.
, ASPWALT F rp
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DMVE
'USE
GRAVEI IN
PARKING
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owl USE,
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FUTURE
PLOLICACCESS
PEGONSTRvalfw
FISH HOUSE
ip�
FUTURE DOCK
EXPANPON
APPROX.
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yl
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PEGONSTRvalfw
FISH HOUSE
ip�
r
Exhibit G
For Lease
Between
City of Sebastian
and
Fisherman's Landing Sebastian, Inc.
r:
•
5 S •'
1 1 +
FUTURE DOCK
EXPTNSiON
xrsranr�
TWH
_.t y'S r'�' - FEMfAFt.Oal3
Y I�
AREA { , ': yam L T ® Crst�a ER0AL
a < 'Y MARINA
,
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7.5� i SEW I .sasF b` �i ..- i i I,+ I _ - '
j E>JST9d,iC, [� F3t =,. �=- - r�us .
ASPHALT - `., STGtf ,Ff.E. g. I 1.530 S.F.
sb I •
P � i
TR1 =TC7 FP _ FUTURE -�-
yi.'� Y.., Alit _ ti PUBLIC ACC
roFr �
- .. rz ii l 1._ rASt�— I razir .. sy xa r�
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..
OL /
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AP
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E)osrhya 5N
ASPHALT 'GYRMA
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l
-- — — - —
,
PAIiJCiri'Cx � i 1 i ,.n" • , rcuis sWiw'a2 5su � 4 c i 1 i
MErdl
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FLO
it 4F I 1 E I i fAS�'
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. 1 i fit' -
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•
Exhibit H
For Lease
Between
City of Sebastian
and
Fisherman's Landing Sebastian, Inc.
U
•
FCT Contract Number 0? -CT- 61- 08- F8-A1 -L✓tJ3
• FLORIDA COMMUNITIES TRUST
08-003-WWI
SEBASTIAN WORKING WATERFRONT
COLLABORATIVE
CSFA # 52.013
STAN MAYFIELD WORKING WATERFRONT
GRANT CONTRACT
THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST
( "FCT "), a non - regulatory agency within the State of Florida Department of Community Affairs, and
the CITY OF SEBASTIAN, a political subdivision of the State of Florida ( "Recipient ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the
Florida Forever Funds, hereinafter described, and the lands acquired with such proceeds ("Project
Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax
law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part
III, Florida Statutes;
WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a
• non- regulatory agency within the Department of Community Affairs ("Department') which will
assist local governments in bringing into compliance and implementing the conservation, recreation
and open space, and coastal elements of their comprehensive plans or in conserving natural resources
and resolving land use conflicts by providing financial assistance to local governments and nonprofit
environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida
Forever Act, which provides for the distribution of two point five percent. (2.50/o), less certain
reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other
revenue source designated by the Florida Legislature, to provide land acquisition grants to local
governments and nonprofit worldng waterfront organizations for the acquisition of working
waterfronts;
WHEREAS, the Florida Forever funds may be issued as tax - exempt bonds, meaning the
interest on the bonds is excluded from the gross income of bondholders for federal income tax
purposes;
WHEREAS, Rule 9K -9, Florida Administrative Code ( "F.A.C.') sets forth the procedures for
the evaluation and selection of lands proposed for acquisition and Rule 9K -10, F.A.C. sets forth the
acquisition procedures;
• 08=003 -WW1
April 1S; 2009
SWIM — GC -1-
• WHEREAS, on January 29, 2009, the FCT Governing Board evaluated and scored the
applications to develop a ranking list of projects to present to the Board of Trustees of Internal
Improvement Trust Fund;
WHEREAS, on April 13, 2009, the Board of Trustees of Internal Improvement Trust Fund
selected and approved the projects which will receive funding;
WHEREAS, the Recipient's project, described in an application submitted for evaluation,
was selected for funding in accordance with Rule 9K -9, F.A.C., and by executing this Agreement the
Recipient reaffirms the representations made in its application;
WHEREAS, Rule 9K -9, F.A.C. authorizes FCT to impose conditions for funding on those
FCT applicants whose projects are selected for funding; and
WHEREAS, the purpose of this Agreement is to set forth the conditions that must be
satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as
well as the restrictions that are imposed on the Project Site subsequent to its acquisition. Since the
entire Project Site has not yet been negotiated for acquisition, some elements of the project are not
yet known such as the purchase price, other project costs, and the terms upon which an owner will
voluntarily convey the property.
NOW THEREFORE, FCT and the Recipient mutually agree as follows:
• I. PERIOD OF AGREEMENT
1. This Agreement shall begin upon the Recipient's project being selected for funding
and shall end April 15, 2010 ("Expiration Date"), unless extended as set forth below or unless
terminated earlier in accordance with the provisions of Article XIII of this Agreement.
2. FCT may extend this Agreement beyond the Expiration Date if FCT determines that
significant progress is being made toward the acquisition of the Project Site or that extenuating
circumstances warrant an extension of time. If FCT does not grant an extension the Recipient's
award shall be rescinded and this Agreement shall terminate.
H. MODIFICATION OF AGREEMENT
1. Either party may request modification of the provisions of this Agreement at any
time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly
signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement.
III. DEADLINES
1. At least two original copies of this Agreement shall be executed by the Recipient and
returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399 -2100, as soon as
possible and before May 15, 2009. If the Recipient requires more than one original document, the
Recipient shall photocopy the number of additional copies needed and then execute each as an
08- 003 -WW1
April 15, 2009
SMWW - GC �2- .
original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements,
. retain one original copy and return all other copies that have been executed to the Recipient.
2. The Recipient and its representatives shall know of and adhere to all project deadlines
and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as
deadlines associated with any FCT activity relating to the project, shall be strictly enforced. Failure
to adhere to deadlines may result in delays in the project, allocation of time or resources to other
recipients that respond timely or termination of this Agreement by FCT.
3. The Recipient shall submit the documentation required by this Agreement to FCT as
soon as possible so that the Project Site may be acquired in an expeditious manner.
4. No later than May 15, 2009, the Recipient shall deliver to FCT a written statement
from the Project Site property owner(s) evidencing that the owner(s) is willing to entertain an offer
from the Recipient and FCT, if not previously provided in the Application. No acquisition activity
shall be commenced prior to FCT receipt of this statement.
6. No later than May 15, 2009, the Recipient shall deliver to FCT the executed
Confidentiality Agreement provided to the Recipient by FCT, pursuant to Rule 9K-8.008(3), F.A.C.
No acquisition activity shall be commenced prior to FCT receipt of the executed Confidentiality
Agreement.
IV. FUNDING PROVISIONS
1. The FCT Florida Forever award granted to the Recipient ("FCT Award') will in no
event exceed the lesser of Percent (90 %) of the final Project Costs, as defined in Rule 9K- 9.002(17),
F.A.C:, or Three Million One Hundred Sixty Three Five Hundred Dollars And Zero Cents
($3,163,500.00) unless FCT approves a different amount after determination of the MAPP, which
shall be reflected in an addendum to this Agreement. FCT will not participate in Project Costs that
exceed the grant award amount.
The FCT Award is based on the Recipient's estimate of final Project Costs in its application. When
disbursing the FCT Award, FCT shall recognize only those Project Costs consistent with the
definition in Rule 9K- 9.002(17), F.A.C. FCT shall participate in the land cost at either the actual
purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above
paragraph.
2. The FCT Governing Board ranked and the Board of Trustees of the Internal
Improvement Trust Fund ( "Trustees') selected the Recipient's Application for funding in order to
acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or
adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design
is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any
request for Project Site boundary modification in accordance with the procedures set forth in Rule
9K- 9.009, F.A.C.
• 084)03 -wwt
April 15, 2009
sMww - cc -3-
• If the Project Site is comprised of multiple parcels and multiple owners, then FCT reserves the right
to withdraw or adjust the FCT Award if the priority parcel(s) or a significant portion of the Project
Site cannot be acquired.
3. The FCT Award shall be delivered either in the form ofProject Costs prepaid by FCT
to vendors or in the form of a State of Florida warrant at the closing of the Project Site, payable to
the Seller or the Seller's designated agent authorized by law to receive such payment, provided the
Comptroller determines that such disbursement is consistent with good business practices and can be
completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is
comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the
FCT Award that corresponds to the parcel being closed. FCT shall prepare a grant reconciliation
statement prior to the closing of the Project Site parcel that evidences the amount ofMatch provided
by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for
Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement.
4. If a Match is required, it shall be delivered in an approved form as provided in Rule
9K- 9.002(15), F.A.C. If the Project Site is comprised of multiple parcels, the Recipient shall deliver
at the closing of each parcel the share of the Match that corresponds to the parcel being closed.
Funds expended by the Recipient for Project Costs shall be recognized as part of the Match on the
grant reconciliation statement.
5. By executing this Agreement, the Recipient affirms that it is ready, willing and able to
provide a Match, if any is required.
6. If the Recipient is the local government having jurisdiction over the Project Site, and
an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a
governmentally derived higher Project Site land value due to an enhanced highest and best use, FCT
acquisition activities shall be terminated unless the Seller agrees that the appraisal(s) will be based
on the highest and best use of the Project Site on or before the FCT Governing Board selection
meeting.
7. FCT's performance and obligation to financially perform pay under this Agreement is
contingent upon an annual appropriation by the Florida Legislature, and is subject to any
modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
8. FCT's performance and obligation to financially perform under this Agreement is
contingent upon the issuance of Florida Forever Revenue Bonds issued by the State of Florida and of
the proceeds of the Florida Forever Revenue Bonds being released to the Department.
V. NOTICE AND CONTACT
1. All notices provided under or pursuant to this Agreement shall be in writing and
delivered either by hand delivery or first class, certified mail, return receipt requested, to:
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• - Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, FL 32399 -2100
2. All contact and correspondence from FCT to the Recipient shall be through the key
contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the
authorized key contact on behalf of the Recipient for purposes of coordinating project activities for
the duration of the project:
Name: Rebecca Grohall
Title: Growth Management Director
Address: 1225 Main Street
Sebastian, FL 32958
Phone: (7725388 -8228 Fax: (772)388 -8248
E -mail: rgrohall @cityofsebastian.org
3. The Recipient authorizes the administrator, employee, officer or representative
named in this paragraph to execute all documents in connection with this project on
. behalf of the Recipient, including, but not limited to, the Grant Contract or any
addenda thereto, purchase agreement(s) for the property, grant reconciliation
statement, closing documents and Declaration of Restrictive Covenants.
Name: Al Minner
Title: City Manager
Address: 1225 Main Street
Sebastian, FL 32958
Phone: (772)388-8200 Fax: (772)581 -0149
Email: aminner @cityofsebastian.org
5. In the event that different representatives or addresses are designated for either
paragraph 2. or 3. above after execution of this Agreement, notice of the changes shall be rendered to
FCT as provided in paragraph 1. above.
6. The Recipient hereby notifies FCT that the Recipient's Federal Employer
Identification Number(s) is 59-6000427
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VI. PRE - CLOSING REQUIREMENTS
Prior to FCT approval of the signed purchase agreement(s), closing(s) of the real
estate transaction(s) to acquire the Project Site and final disbursement of the FCT Award, the
Recipient shall submit to FCT:
a. Supporting documentation that the conditions imposed as part of this
Agreement have been satisfied.
b. A signed statement by the Recipient that the Recipient is not aware of any
pending criminal, civil or regulatory violations imposed on the Project Site
by any governmental agency or body.
C. A signed statement by the Recipient that all activities under this Agreement
comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the applicable adopted and
approved comprehensive plan.
d. Additional documentation as may be requested by FCT to provide Reasonable
Assurance, as set forth in paragraph VILA. below.
2. FCT shall approve the terms under which the interest in land is acquired pursuant to
Section 380.510(3), Fla. Stat. Such approval is deemed given when FCT approves and executes the
• purchase agreement for acquisition of the Project Site, further described in paragraph VI. La. above.
3. All real property shall be obtained through a Voluntarily- Negotiated Transaction, as
defined in Rule 9K- 9.002(42). The use of or threat of condemnation is not considered a Voluntarily-
Negotiated Transaction.
4. Any invoices requested, along with proof of payment, shall be submitted to FCT and
be in a detail sufficient for a proper audit thereof
5. Interest in the Project Site shall be titled in the Recipient.
7. The transfer of interest to the Recipient for the Project Site shall not occur until the
requirements for the acquisition of lands, as specified in Section 380.507(l 1), Fla. Stat. and Rule
Chapter 9K -10, F.A.C., have been fully complied with by the Recipient and FCT and the Recipient .
has complied with all Purchase Agreement requirements.
8. The deed transferring interest of the Project Site to the Recipient shall set forth the
executory interest of the Board of Trustees of the Internal Improvement Trust Fund.
VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT
1. Prior to the signature of the purchase agreement(s), closing(s) of the real estate
transaction(s) and final disbursement of the FCT Award, the Recipient shall submit to FCT and have
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approved a Management Plan that complies with Rule 9K- 9.010, F.A.C. and addresses the criteria
• and conditions set forth in Articles VII, VIII, IX, X and )U herein. The Recipient is strongly urged
to coordinate with FCT staff in order to ensure that FCT approval of the Management Plan occurs
prior to the closing date of the real estate transaction(s) associated with the Project Site and the
disbursement of the FCT Award.
2. The Management Plan explains how the Project Site will be managed to further the
purposes of the project and meet the terms and conditions of this Agreement. The Management Plan
shall include the following:
a. An introduction containing the project name, location and other background
information relevant to management.
b. The stated purpose for acquiring the Project Site as proposed in the
Application and a prioritized list of management objectives.
C. A detailed description of all proposed uses including existing and proposed
physical improvements and the impact on natural resources.
d. A scaled site plan drawing showing the Project Site boundary, existing and
proposed physical improvements.
e. A description of proposed educational displays and programs to be offered, if
applicable.
f. A schedule for implementing the development and management activities of
the Management Plan.
g. Cost estimates and funding sources to implement the Management Plan.
3. If the Recipient is not the proposed managing entity, the Management Plan shall
include a signed agreement between the Recipient and the managing entity stating the managing
entity's willingness to manage the site, the manner in which the site will be managed to further the
purpose(s) of the project and the identification of the source of funding for management.
In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the
interlocal agreement that sets forth the relationship among the partners and the fiscal and
management responsibilities and obligations incurred by each partner for the Project Site as a part of
its Project Plan.
4. To ensure that future management funds will be available for the management of the
site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, F1a.Stat., the Recipient(s)
shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K-9.002(19),
F.A.C., that it has the financial resources, background, qualifications and competence to manage the
Project Site in perpetuity in a reasonable and professional manner. Where the Recipient is a Non-
profit Working Waterfront Organization and does not include at least one Local Government partner,
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• FCT will require the Recipient to establish a management endowment in an amount sufficient to
ensure performancw, and provide a guaranty or pledge by the Local Government, the Water
Management District in which the project is located, or a managing agency of the Board of Trustees
to act as a backup manager to assume responsibility for management of the Project Site in the event
the Recipient is unable to continue to manage the Project Site.
5. The Recipient shall, through its agents and employees, prevent the unauthorized use
of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT.
b. All buildings, structures, improvements and signs shall require the prior written
approval of FCT as to purpose. Major land alterations shall require the written approval of FCT.
The approvals required from FCT shall not be unreasonably withheld upon sufficient
demonstration that the proposed structures, buildings, improvements, signs or land alterations
will not adversely impact the management of the Project Site. FCT's approval of the Recipient's
Management Plan addressing the items mentioned herein shall be considered written approval
from FCT.
7. As required by Rule 9K-9.012, F.A.C., each year after FCT closes on the Project Site,
the Recipient shall prepare and submit to FCT an annual stewardship report that documents the
progress made on implementing the Management Plan.
VIII. SPECIAL MANAGEMENT CONDITIONS
• In addition to the Management Plan conditions already described in this Agreement, which apply to
all sites acquired with FCT funds, the Management Plan shall address the following conditions that
are particular to the project site and result from either representations made in the application that
received scoring points or observations made by FCT staff during the site visit described in Rule 9K-
9.007, F.A.C.:
1. The future land use and zoning designations of the project site shall be changed to
Working Waterfronts or other similar category.
2. A permanent recognition sign, at a minimum size of 3' x 4', shall be maintained at the
entrance area of the project site. The sign shall acknowledge that the project site was purchased
with funds from the Florida Communities Trust Program and the Recipient.
3. At closing, the existing submerged land lease will be transfer to the Recipient.
4. Prior to closing, the Recipient will provide a letter from the Department of Environmental
Protection stating the current land owner is in compliance with Chapters 253, 258, 373 Part IV
and 403 Florida Statutes and the submerged land lease for all facilities or structures on the
Project Site that are located over state sovereignty submerged land and that applicable fees or
wetslip certification forms are current or that the facilities or structures are not subject to a state
sovereignty submerged land lease.
•
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5. Annually the Recipient will provide a letter from the Department of Environmental
Protection stating the Recipient is in compliance with Chapters 253, 258, 373, Part IV and 403
Florida Statutes and the submerged land lease for all facilities or structures on the Project Site
that are located over state sovereignty submerged land and that applicable fees or wetslip
certification forms are current or that the facilities.
6. One of the existing buildings on the project site will be used as a working waterfront
building and the other as an educational site highlighting the cultural and historic heritage of
Florida's traditional Working Waterfronts.
7. Permanent structured displays of artifacts and other items shall be provided that provides
information about the economic, cultural or historic heritage of Florida's traditional Working
Waterfronts
8. Interpretive kiosk or signs shall be provided that educate the public about the economic,
cultural, or historic heritage of Florida's traditional Working Waterfronts
IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED
BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT.
1. Each parcel in the Project Site to which the Recipient acquires interest shall be subject
to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and
to restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times
complies with Sections 375.051 and 380.510, Fla. Stat.; Section 11(e), Article VII of the Florida
Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of
the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt
bonds. The Declaration ofRestrictive Covenants shall contain clauses providing for the conveyance
of interest to the Project Site to the Trustees, or a Nonprofit Working Waterfront Organization or
government entity, upon failure to comply with any of the covenants and restrictions, as further
described in paragraph 3. below.
•
2. The Declaration of Restrictive Covenants shall also restate the conditions that were
placed on the Project Site at the time ofproject selection and initial grant approval. The Declaration
of Restrictive Covenants shall be executed by FCT and the Recipient at the time ofthe closing of the
Project Site and shall be recorded by the Recipient in the county(s) in which the Project Site is
located.
3. If any essential term or condition of the Declaration of Restrictive Covenants is
violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient
shall be notified of the violation by written notice given by personal delivery, registered mail or
registered expedited service. The recipient shall diligently commence to cure -the violation or
complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing
activities can not be reasonably completed within the specified thirty (30) day time frame, the
Recipient shall submit a timely written request to the FCT Program Manager that includes the status
of the current activity, the reasons for the delay and a time frame for the completion of the curing
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• activities. FCT shall submit a written response within thirty (30) days of receipt of the request and
approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be
completed within one hundred twenty (120) days of the Recipient's notification of the violation.
However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater
extension of time to complete the activities, FCT shall give the request due consideration. If the
Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the
time frame approved by FCT pursuant to the Recipient's request, all interest in the Project Site shall
be conveyed to the Trustees unless FCT negotiates an agreement with another local government,
Nonprofit Wonting Waterfront Organization, Water Management District in which the project is
located, or a managing agency of the Board of Trustees who agrees to accept interest and manage the
Project Site. FCT shall treat such property in accordance with Section 380.508(4xe), Fla. Stat.
X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT
FUNDING
I . The interest acquired by the Recipient in the Project Site shall not serve as security
for any debt of the Recipient.
2. If the existence of the Recipient terminates for any reason, interest to the Project Site
shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government, Nonprofit Working Waterfront Organization, Water Management District in which the
project is located, or a managing agency of the Board of Trustees who agrees to accept interest and
manage the Project Site.
• 3. Following the acquisition of the Project Site, the Recipient shall ensure that the future
land use and zoning designation assigned to the Project Site is for a category dedicated to working
waterfronts. If an amendment to the applicable comprehensive plan is required, the amendment shall
be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent
to the Project Site's acquisition.
4. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the Recipient at the Project Site.
5. The Project Site shall permanently contain one sign recognizing FCT's role in the
acquisition of the Project Site.
XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND
PROCEEDS
1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on
the Recipient in order to ensure that the project complies with the requirements for the use of Florida
Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code
and the regulations promulgated thereunder as the same pertain to tax exempt bonds.
2. The Recipient agrees and acknowledges that the below listed transactions, events, and
circumstances may have negative legal and tax consequences under Florida law and federal income
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tax law. The Recipient further agrees and acknowledges that these disallowable activities may be
allowed up to <a certain extent based on guidelines or tests outlined in the Federal Private Activity
regulations of the Internal Revenue Service:
any sale or lease of any interest in the Project Site to a non - governmental
person or organization;
b. the operation of any concession on the Project Site by a non - governmental
person or organization;
C. any sales contract or option to buy or sell things attached to the Project Site to
be severed from the Project Site with a non - governmental person or
organization;
d. any use of the Project Site by a non - governmental person other than in such
person's capacity as a member of the general public;
e. any change in the character or use of the Project Site from that use expected
at the date of the issuance of any series of Bonds from which the
disbursement is to be made;
f. a management contract for the Project Site with a non - governmental person
or organization; or
• g. such other activity or interest as may be specified from time to time in
writing by FCT to the Recipient.
3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to
remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as
provided for in paragraph V.1., at least sixty (60) calendar days in advance of any such transactions,
events or circumstances, and shall provide to FCT such information as FCT reasonably requests in
order to evaluate for approval the legal and tax consequences of such disallowable activities.
4. In the event that FCT determines at any time that the Recipient is engaging, or
allowing others to engage, in disallowable activities on the Project Site, the Recipient shall
immediately cease or cause the cessation of the disallowable activities upon receipt ofwritten notice
from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right
to seek temporary and permanent injunctions against the Recipient for any disallowable activities on
the Project Site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND
OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL
PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY
RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE
CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING -
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• BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY
THE CONTRACTING PARTY.
XII. RECORDKEEPING; AUDIT REQUIREMENTS
1. The Recipient shall maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure
of funds under this Agreement. These records shall be available at all reasonable times for
inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT.
"Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
2. If the Recipient expends a total amount of State financial assistance equal to or in
excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or
project - specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable
rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local
government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In
determining the State financial assistance expended in its fiscal year, the Recipient shall consider all
sources of State financial assistance, including State funds received from FCT, other state agencies
and other non -state entities. State financial assistance does not include Federal direct or pass -
through awards and resources received by a non -state entity for Federal program matching
requirements. The funding for this Agreement was received by FCT as a grant appropriation.
• In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit
complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a
reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local
government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General.
It may be necessary for the Recipient to amend prior fiscal year audits to account for receiving the
FCT grant funds because the determining factor of when the expenditure must be accounted for is
when the expenditure is made, not the signing of this agreement. Per Department of Financial
Services Rule 69I- 5.004(2xa), Florida Administrative Code, the determination of when State
financial assistance is expended should be based on when the activity occurs (the activity pertains to
events that require the nonstate entity to comply with contracts or agreements, such as expenditure
transactions associated with grants.) Additional prior fiscal year expenditures of State financial
assistance should be added to total expenditures of State financial assistance previously reported for
the prior fiscal year to determine if the threshold was exceeded. If so, the nonstate entity should take
appropriate action to provide for an audit for the prior fiscal year in accordance with the Florida
Single Audit Act.
3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97; Fla. Stat. is not
required. If the Recipient elects to have an audit conducted in accordance with the provisions of
Section 215.97, Fla. Stat., the cost of the audit must be paid from non -State funds (i.e., the cost of
such an audit must be paid from Recipient funds not obtained from a State entity).
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• 4. The annual financial audit report shall include all management letters, the Recipient's
response to all findings, including corrective actions, to be taken, and a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
agreement number. Copies of financial reporting packages required under this Article shall be
submitted by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs (at each of the following addresses):
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
and
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
State of Florida Auditor General at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302 -1450
. 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to FCT of all funds not spent in accordance with the applicable regulations and
Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non-
compliance.
•
6. The Recipient shall retain all financial records, supporting documents, statistical
records and any other documents pertinent to this Agreement for a period of five (5) years after the
date of submission of the final expenditures report. However, if litigation or an audit has been
initiated prior to the expiration of the five -year period, the records shall be retained until the
litigation or audit findings have been resolved.
7. The Recipient shall have all audits completed in accordance with Section 215.97,
Fla. Stat. performed by an independent certified public accountant ( "IPA') who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted above.
XIII. DEFAULT; REMEDIES; TERMINATION
1. If the necessary funds are not available to fund this Agreement as a result of action by
the Florida Legislature or the Office of the Comptroller, or if any of the events below occur ("Events
of Default"), all obligations on the part of FCT to make any further payment of funds hereunder
shall, if FCT so elects, terminate and FCT may, at its option, exercise any of its remedies set forth
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• herein, but FCT may make any payments or parts of payments after the happening of any Events of
Default without thereby waving the right to exercise such remedies, and without becoming liable to
make any further payment. The following constitute Events of Default:
thereunder;
a. If any warranty or representation made by the Recipient in this Agreement,
any previous agreement with FCT or in any document provided to FCT shall
at any time be false or misleading in any respect, or if the Recipient shall fail
to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with FCT and has not cured such in
timely fashion, or is unable or unwilling to meet its obligations
b. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial
condition revealed in any reports filed or to be filed with FCT, and the
Recipient fails to cure said material adverse change within thirty (30) days
from the date written notice is sent to the Recipient by FCT;
C. If any reports or documents required by this Agreement have not been timely
submitted to FCT or have been submitted with incorrect, incomplete or
insufficient information; or
d. If the Recipient fails to perform and complete in timely fashion any of its
• obligations under this Agreement.
2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30)
calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipient's
failure to timely cure, exercise any one or more of the following remedies, either concurrently or
consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from
pursuing any other remedies contained herein or otherwise provided at law or in equity:
a. Terminate this Agreement, provided the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective
when placed in the United States mail, first class mail, postage prepaid, by
registered or certified mail -return receipt requested, to the address set
forth in paragraph V.2. herein;
b. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
C. Withhold or suspend payment of all or any part of the FCT Award;
d. Exercise any corrective or remedial actions, including, but not limited to,
requesting additional information from the Recipient to determine the reasons
for or the extent of non - compliance or lack of performance or issuing a written
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• warning to advise that more serious measures may be taken if the situation is
not corrected; or.
e. Exercise any other rights or remedies which may be otherwise available under
law, including, but not limited to, those described in paragraph IX.3.
3. FCT may terminate this Agreement for cause upon written notice to the Recipient.
Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; failure to make significant progress toward the
closing(s) of the real estate transaction(s) and Management Plan approval; and refusal by the
Recipient to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, F1a.Stat., as amended. Appraisals, and any other reports relating to
value, offers and counteroffers are not available for public disclosure or inspection and are exempt
from the provisions of Section 119.07(1), Fla. Stat. until a Purchase Agreement is executed by the
Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is
executed, then as provided for in Sections 125.355(I)(a) and 166.045(1)(a), Fla_ Stat.
4. FCT may terminate this Agreement when it determines, in its sole discretion, that the
continuation of the Agreement would not produce beneficial results commensurate with the further
expenditure of funds by providing the Recipient with thirty (3 0) calendar days prior written notice.
5. The Recipient may request termination of this Agreement before its Expiration Date
by a written request fully describing the circumstances that compel the Recipient to terminate the
• project. A request for termination shall be provided to FCT in a manner described in paragraph V.I.
XIV. LEGAL AUTHORIZATION
1. The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive funds to be provided under this Agreement and that, if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement
with all covenants and assurances contained herein. The Recipient also certifies that the undersigned
possesses the authority to legally execute and bind the Recipient to the terms of this Agreement.
XV. STANDARD CONDITIONS
1. This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is
in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision
shall be deemed null and void to the extent of such conflict and shall be severable, but shall not
invalidate any other provision of this Agreement.
2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on
strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT
for any finther or subsequent default by the Recipient. Any power of approval or disapproval
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� 0
•
granted to FCT under the terms of this Agreement shall survive the terms and life of this
Agreement as a whole.
3. The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101 -336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by
Public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation, State and local government services, and in telecommunications.
4. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit lease bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity,
and may not transact business with any public entity in excess of Category Two for a period of
thirty -six (36) months from the date of being placed on the convicted vendor list or on the
discriminatory vendor list.
5. No funds or other resources received from FCT in connection with this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
This Grant Contract embodies the entire agreement between the parties.
IN WITNESS y WEREOF, the parties hereto have duly executed this Grant Contract.
CITY
By/
Al Mimer
Date:
Approv rm d ality:
By:
Print N e: Robert A. Ginsburg
ATTEST:
JY�
Sally A. Mai , MMC - City Clerk
• 08403- 1'VWl
AprU 15, 2009
SMWW - GC
�-V
FLORIDA C' TIES TRUST
By: —
Ken Reecy
Commums 't�l o gram Manager (
Date: � �{
ApproySO as to orm and Legality:
By:
Kristen L. Coons, Trust Counsel
• , l
• _ __ Contract No.N- el-EZ -O8-Fe X11 -
FCT Project No: 08- 003 -WWI
•
CONFIDENTIALITY AGREEMENT
This is a Confidentiality Agreement ( "Agreement ") pursuant to Rule 9K- 10.005(3), Florida
Administrative Code (F.A.C.).
Parties to the Confidentiality Agreement: The City of Sebastian ('Recipient "), a local
government of the State of Florida, and the FLORIDA COMMUNITIES TRUST ( "FCT "), a
non - regulatory agency within the Department of Community Affairs.
Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the
project site in SMWW application 08- 003 -WW1 that was selected for funding and is governed
by a Grant Contract for FCT Project Number 08- 003 -WW1 ( "Project Site ").
Confidentiality:
a) Pursuant to Rule 9K- 10.002(8), F.A.C., the term "Confidential" refers to information that
shall not be available for public disclosure or inspection and is exempt from the provisions of
Section 119.07, Florida Statutes (F.S.).
b) The Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and
counteroffers as required by Section 125.355(lxa), F.S., for counties, or Section 166.045(1)(a),
F.S., for municipalities, and Chapter 9K -10, F.A.C. The Recipient may disclose such confidential
information only to the individuals listed herein below.
c) Requests to add persons to the disclosure list shall be made in writing. Upon the written
consent of the FCT Community Program Manager, the Recipient shall execute an Addendum to
the Agreement. All confidentiality requirements outlined above shall apply to individuals added
to the list.
d) The undersigned board members and staff of the Recipient and its agents, if any, agree to
maintain the confidentiality of appraisal information, offers and counter -offers concerning FCT
Project Number 08- 0003 -WW1, as required by Section 125.355 (1)(a), F.S., for counties or
Section 166.045 (1)(A), F.S., for municipalities, Chapter 9K -10, F.A.C., and this Confidentiality
Agreement between the Recipient and FCT.
08- 003 -WWI
4/15/2009
, s
• e) The undersigned certify that they have no legal or beneficial interest in the Project Site.
Date
4/22/2009
4/22/2009
4/22/2009
4/22/2009
4/.22/2009
4/22/2009
4/22/2009
4/22/2009
Recipient Board Member,
Staff or Agent Name
Mayor Richard H. Gil]mor
Vice Mayor Jim Hill
Council Member Andrea Coy
Coicil Member Dale Simchick
Council Member Eugene Wolff
Al Mimer, City Manager
Rebecca Grohall, Growth Mgmt. Dir.
Robert Ginsburg, City AttomeY
Sa11yrA. Maio, City Clerk
Date: 4 2 ql oq
Approv to form and legality:
By: Robert A. Ginsburg
Title: City Attorney
ATTEST
Sally A. Ma , MMC - City Clerk
• 2
08- 003 -W W'1
Signature
FLORIDA COMMUNITIES TRUST
By: V.0 — Lee.
Ken Reecy
Community Program Manager
Date: 5-1 -01
Approved as to form and legality:
�—� a--
By: Kristen L. Coons
Title: Trust Counsel
. I
FCT Contract Number CT 61- 08- F8 41 -003
FLORIDA COMMUNITIES TRUST
WWI Award Number 08- 003 -WW1
SEBASTIAN WORKING WATERFRONT
COLLABORATIVE
ADDENDUM I TO GRANT CONTRACT
THIS ADDENDUM I is entered into by and between the FLORIDA COMMUNITIES
TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community
Affairs, and the CITY OF SEBASTIAN, a political subdivision of the State of Florida (Recipient),
this day of , 2010.
NOW THEREFORE, FCT and the Recipient mutually agree as follows:
WHEREAS, the parties hereto entered into a Grant Contract which sets forth the
conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the
FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to
its acquisition with the FCT Florida Forever award;
WHEREAS, the initial term of the Grant Contract expires April 15, 2010;
WHEREAS, the Recipient in accordance Section 2 of the Grant Contract has timely submitted
. to FCT a written request for extension of the April 15, 2010 deadline;
WHEREAS, Section 2 of the Grant Contract states that the Grant Contract may be amended at
any time and any modification must be set forth in a written instrument and agreed to by both the
Recipient and FCT;
WHEREAS, the parties hereto desire to extend the term of the Grant Contract;
NOW THEREFORE, FCT and the RECIPIENT mutually agree as follows:
1. Notwithstanding the language of Section I of the Grant Contract the parties hereby
agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph
1.
2. In every respect, this amendment is to be construed and applied as though the parties
had both signed it before April 15, 2010.
08-003-WWI
April 15, 2010
GCAMD.1
•
L..---
•
LJ
3. The Grant Contract by and between FCT and the Recipient is hereby extended until
October 15, 2010.
This Addendum I and the Grant Contract embody the entire agreement between the
parties. All other terms and conditions not specifically referenced in this agreement remain the
same and unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I.
CITY AFBASTIAN FLORIDA COMMUNITIES TRUST
B By:_
Al Milner Ken Reecy
City Managel Manage Community Program Manager
Date: � Date:
Approved as to Form and Legality:
By:
Robert A. Ginsburg
08-003-WWI
April 15, 2010
GCAMD.1
2
Approved to Form and Legality:
By:
Kristen L. Coons, Trust Counsel
•
Exhibit I
For Lease
Between
City of Sebastian
and
Fisherman's Landing Sebastian, Inc.
•
7
This document prepared by:
Kristen L. Coons, Esquire
Florida Communities Trust
is Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
2477484
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
8K 2431 PGA 268, Pagel of 12
07/12!201 oat 11 :53 AM,
JEFFREY K BARTON. CLERK OF COURT
FLORIDA COMMON TES TRUST
SMWWl AWARD #08- 003 -WW1
FCT Contract #09- CT- E1- 08 -F8 -G -WW1
SEBASTIAN WORKING WATERFRONT
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION is entered into by and between the FLORIDA COMMUNITIES TRUST
( "FCT "), a nonregulatory agency within the State of Florida Department of Community Affairs, and
the CITY OF SEBASTIAN, a political subdivision of the State of Florida ('Recipient ").
THIS DECLARATION IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
VYUMREAS, the intent of this Declaration is to impose terms and conditions on the use of
state funds and the lands acquired with such state funds, as described in Exhibit "A" attached hereto
and made a part hereof ( "Project Site "), that are necessary to ensure compliance with applicable
Florida law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter
380, Part III, Florida Statutes;
s
WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates a
non - regulatory agency within the Department of Community Affairs ( "Department") that will assist
local governments in bringing into compliance and implementing the conservation, recreation and
open space, and coastal elements of their comprehensive plans or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governments and nonprofit
working waterfront organizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, the people of the State of Florida are concerned about the loss of adequate
access to tidal waters for the commercial harvesting of wild and aquacultured marine organisms
within the State of Florida;
WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida
Forever Act, which provides for the distribution of two point five percent (2.5 %), less certain
reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other
revenue source designated by the Florida Legislature, to provide land acquisition grants to local
governments and nonprofit working waterfront organizations for the acquisition of working
DRC108- 003 -WW1
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•
1
WHEREAS, the State of Florida, acting by and through FCT, and the Recipient seek to
permanently preserve and conserve the Project Site as a working waterfronts since the Project Site
• has significant value as working waterfront real estate to provide access to tidal waters to support or
to provide direct services to Working Waterfronts Businesses;
WHEREAS, Rule 9K -9, Florida Administrative Code ( "F.A.C.'), sets forth the procedures
for the evaluation and selection of lands proposed for acquisition and Rule 9K -10, F.A.C. sets forth
the acquisition procedures;
WHEREAS, FCT has approved the terms under which the Project Site was acquired and the
deed whereby the Recipient acquired title to the Project Site. The deed shall contain such covenants
and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with
Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and it shall
contain clauses providing for the conveyance of title to the project Site to the Board of Trustees of
the internal Improvement Trust Fund ( "Trustees ") upon the failure ofthe Recipient to use the Project
Site acquired thereby for such purposes;
WHEREAS, the purpose of this Declaration is to set forth the covenants and restrictions that
are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the Recipient
for Project Costs; and,
WHEREAS, this Declaration constitutes a restriction and covenant that shall forever run with
the land and is binding upon the Recipient, its successors, and assigns in the event of any transfer,
• sale or foreclosure of the Project Site.
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and the Recipient do hereby contract and agree as follows:
I. PERIOD OF AGREEMENT
1. This Declaration shall begin upon execution by both parties. The covenants and
restrictions contained herein shall run with the Project Site and shall bind, and the benefit shall inure
to, FCT and the Recipient and their respective successors and assigns.
II. MODIFICATION OF DECLARATION
1. Either party may request modification of the provisions of this Declaration at any
time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly
signed by each of the parties hereto. Such amendments shall be incorporated into this Declaration.
III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE
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COVENANTS
1. Upon execution by the parties hereto, the Recipient shall cause this Declaration to be
recorded and filed in the official public records of Indian River County, Florida, and in such
manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees
and charges incurred in connection therewith.
2. The Recipient and FCT agree that the State of Florida Department of Environmental
Protection shall forward this Declaration to the Department of Environmental Protection Bond
Counsel for review. In the event Bond Counsel opines that an amendment is required to this
Declaration so that the tax - exempt status of the Florida Forever Bonds is not jeopardized, FCT and
the Recipient shall amend the Declaration accordingly.
IV. NOTICE AND CONTACT
1. All notices provided under or pursuant to this Declaration shall be in writing and
delivered either by hand delivery or first class, certified mail, return receipt requested, to the
addresses specified below. Any such notice shall be deemed received on the date of delivery if by
personal delivery or upon actual receipt if sent by registered mail.
FCT: Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399 -2100
• ATTN: Program Manager
Recipient;
ATT 4:
2. In the event that a different representative or address is designated for paragraph 1.
above after execution of this Declaration, notice of the change shall be rendered to FCT as provided
in paragraph 1. above..
V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259,
CHAPTER 375 AND CHAPTER I* PART III, FLA. STAT.
1. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall
enter' into a new agreement with the transferee containing such covenants, clauses or other
restrictions as are sufficient to protect the interest of the State of Florida.
DRC108- 003 -W W 1
06/11/2010
2. The interest acquired by the Recipient in the Project Site shall,not serve as security for
any debt of the Recipient.
• 3. If the existence of the Recipient terminates for any reason, title to the Project Site
shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government, nonprofit environmental organization, the Florida Division of forestry, the Florida Fish
and Wildlife Conservation Commission, the Department of Environmental Protection or a Water
Management District who agrees to accept title and manage the Project Site.
4. In the event that the Project Site is damaged or destroyed or title to the Project Site, or
any part thereof, is taken by any governmental body through the exercise or the threat ofthe exercise
of the power of eminent domain, the Recipient shall deposit with FCT any insurance proceeds or any
condemnation award and shall promptly commence to rebuild, replace, repair or restore the Project
Site in such manner as is consistent with the Declaration. FCT shall make any such insurance
proceeds or condemnation award moneys available to provide funds for such restoration work. In
the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or
restoration of the Project Site after notice from FCT, FCT shall have the right, in addition to any
other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to
prevent the occurrence of a default hereunder.
Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of any
ofthe covenants and restrictions of this Declaration concerning the construction and operation ofthe
Project Site.
• VI. MANAGEMENT OF PROJECT SITE
1. The Project Site shall be managed only for the conservation, protection and
enhancement of working waterfronts, along with other related uses necessary for the accomplishment
of this purpose. The proposed uses for the Project Site are specifically designated in the
Management Plan approved by FCT.
2. The Recipient shall ensure that the future land use designation assigned to the Project
Site is for a category dedicated to working waterfront uses, as appropriate. If an amendment to the
applicable comprehensive plan is required, the amendment shall be proposed at the next
comprehensive plan amendment cycle available to the Recipient.
3. The Recipient shall ensure, and provide evidence thereof to FCT, that all activities
under this Declaration comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the adopted and approved comprehensive plan for the
jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and permits
have been obtained prior to the commencement of any construction.
4• The Recipient shall, through its agents and employees, prevent the unauthorized use
DRC108- 003 -WW1
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•
of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT.
5. FCT staff or its duly authorized representatives shall have the right at any time to
• inspect the Project Site and the operations of the Recipient at the Project Site.
6. All buildings, structures, improvements and signs shall require the prior written
approval of FCT as to purpose. Further, tree removal, other than non -native species, and major land
alterations shall require the written approval of FCT. The approvals required from FCT shall not be
unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings,
improvements, signs, vegetation removal or land alterations will not adversely impact the natural
resources or working waterfront aspects of the Project Site. FCT's approval of the Recipient's
Management Plan addressing the items mentioned herein shall be considered written approval from
FCT.
7. If archaeological and historic sites are located on the Project Site, the Recipient shall
comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the
disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior
written authorization has been obtained from the Department of State, Division of Historical
Resources.
8. As required by Rule 9K -9, F.A.C., each year after FCT reimbursement of Project
Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the
progress made on implementing the Management Plan.
• 'VII• SPECIAL MANAGEMENT CONDITIONS
In addition to the Management Plan conditions already described in this Agreement, which apply to
all sites acquired with FCT funds, the Management Plan shall address the following conditions that
are particular to the project site and result from either representations made in the application that
received scoring points or observations made by FCT staff during the site visit described in Rule 9K-
9.007, F.A.C.:
I . The future land use and zoning designations of the project site shall be changed to
Working Waterfronts or other similar category.
2. A permanent recognition sign, at a minimum size of 3' x 4', shall be maintained at the
entrance area of the project site. The sign shall acknowledge that the project site was purchased
with funds from the Florida Communities Trust Program and the Recipient.
3. After closing, the existing submerged land lease will be transfer to the Recipient.
DRC108- 003 -WW1
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i
4. Annually the Recipient will provide a letter from the Department of Environmental
Protection stating the Recipient is in compliance with Chapters 253, 258, 373 Part IV and 403
Florida Statutes and the submerged land lease for all facilities or structures on the Project Site
• that are located over state sovereignty submerged land and that applicable fees or wetslip
certification forms are current or that the facilities.
5. One of the existing buildings on the project site will be used as a working waterfront
building and the other as an educational site highlighting the cultural and historic heritage of
Florida's traditional Working Waterfronts.
6. Permanent structured displays of artifacts and other items shall be provided that provides
information about the economic, cultural or historic heritage of Florida's traditional Working
Waterfronts.
7. Interpretive kiosk or signs shall be provided that educate the public about the economic,
cultural, or historic heritage of Florida's traditional Working Waterfronts.
VIII. RECORDEEEPING; AUDIT REQUIREMENTS
1. The Recipient shall maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure
of funds under this Declaration. These records shall be available at all reasonable times for
inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT.
• "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal
business hours of 8:00 am. to 5:00 p.m., local time, Monday through Friday.
2. If the Recipient expends a total amount of State financial. assistance equal to or in
excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or
project- specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable
rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local
government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In
determining the State financial assistance expended in its fiscal year, the Recipient shall consider all
sources of State financial assistance, including State fiends received from FCT, other state agencies
and other non -state entities. State financial assistance does not include Federal direct or pass -
through' awards and resources received by a non -state entity for Federal program matching
requirements. The funding for this Declaration was received by FCT as a grant appropriation.
In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit
complies with the , requirements of Section 215.97(7), Fla. Stat. This includes submission of a
reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local
government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General.
DRC108- 003 -WW l
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•
3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal
year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not
required. If the Recipient elects to have an audit conducted in accordance with the provisions of
• Section 215.97, Fla. Stat., the cost of the audit mustbe paid from non -State funds (i.e., the cost of
such an audit must be paid from Recipient funds not obtained from a State entity).
4. The annual financial audit report shall include all management letters, the Recipient's
response to all findings, including corrective actions to be taken, and a schedule of financial
assistance specifically identifying all Declaration and other revenue by sponsoring agency and
agreement :dumber. Copies of financial reporting packages required under this Article shall be
submitted by or on behalf of the Recipient directly to each of the following:
Department of Community Affairs (at each of the following addresses)-,
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
and
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
State of Florida Auditor General at the following address:
• Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302 -1450
5. If the audit shows that any portion of the funds disbursed hereunder werenot spent in
accordance with the conditions of this Declaration, the Recipient shall be held liable for
reimbursement to FCT of all funds not spent in accordance with the applicable regulations and
Declaration provisions. within thirty (30) days after FCT has notified the Recipient of such non-
compliance
6. The Recipient shall retain all financial records, supporting documents, statistical
records and any other documents pertinent to this Declaration for a period offive years afer the date
of submission of the final expenditures report - However, if litigation or an audit has been initiated
prior to the expiration of the five -year period, the records shall be retained until the litigation or audit
findings have been resolved.
7. The Recipient shall have all audits completed in accordance with Section 215.97,
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Fla. Stat. performed by an independent certified public accountant ( "IPA') who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted above.
• IX.
DEFAULT; REMEDIES; TERMINATION
1. If any essential term or condition of the Declaration of Restrictive Covenants is
violated by the Recipient or by some third party with the knowledge of the Recipient, the Recipient
shall be notified of the violation by written notice given by personal delivery, registered mail or
registered expedited service. The recipient shall diligently commence to cure the violation or
complete curing activities within thirty (3 0) days after receipt of notice of the violation. If the curing
activities can not be reasonably completed within the specified thirty (30) day time frame the
Recipient shall submit a timely written request to the FCT Program Manager that includes the status
of the current activity, the reasons for the delay and a time frame for the completion of the curing
activities. FCT shall submit a written response within thirty (3 0) days of receipt of the request and
approval shall not be unreasonably withheld. It is FCT'sposition that all curing activities shall be
completed within one hundred twenty (120) days of the Recipient's notification of the violation.
However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater
extension of time to complete the activities, FCT shall give the request due consideration. If the
Recipient fails to correct the violation within either (a) the initial thirty (3 0) day time frame or (b) the
time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the
Proj ect Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish
and Wildlife Conservation Commission, the Department of Environmental Protection or a Water
• Management District, who agrees to accept title and manage the Project Site. FCT shall treat such
property in accordance with Section 380.508(4)(e), Fla. Stat.
X. LEGAL AUTHORIZATION
1. The Recipient certifies with respect to this Declaration that it possesses the legal
authority to receive funds to be provided under this Declaration and that, if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Declaration
with all covenants and assurances contained herein. The Recipient also certifies that the undersigned
possesses the authority to legally execute and bind the Recipient to the terms of this Declaration.
XI. STANDARD CONDITIONS
I . This Declaration shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Declaration shall lie in Leon County. If any provision hereof is in
conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall
be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate
any other provision of this Declaration.
DRC108- 003 -WW 1
s /11/2010 8
•
2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on
strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
Sremedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for
any yf u-ther or subsequent default by the Recipient.
3. The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101 -336, 42 U.S.C. Section 12101 et se ), if applicable, which prohibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations; transportation, State and local government services, and in telecommunications.
4. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit lease
bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of Category Two for a period of 36 months from
the date of being placed on the convicted vendor list or on the discriminatory vendor list.
S. No funds or other resources received from FCT in connection with this Declaration
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
. This Declaration including Exhibit "A" embodies the entire agreement between the parties.
DRC108 -003 -WW1
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•
IN WITNESS WHEREOF, the parties hereto have duly executed this Declaration.
a
STATE OF FLORIDA
COUNTY OF INDIAN RIVER,
CITY OF SEBASTIAN, a political
subd" 'si of the State of Florida
B.
Date: (a Zt /o
Appro to Fo and Legality:
By
Print Name: �px 11. 6 t NSBN�(
The foregoing instrument was acknowledged before me this Br day of dun 2
2010, by 141 M j n n er on behalf of the Local Government, and who is personally
known to me.
JEANEEE MLLIAMS
Commission DO UM2
t Public
• Expires February 24 2011 '
nv�anpaow eo murmyF , eeoo zo�a Print Name: Q'C- Oarie--ff-c Ltfijj ajnS
Commission No._ 1) D 0 2
My Commission Expires: i. ZFr ll
DRC108- 003 -WW l
• 6/1l/2010 10
Witness: FLORIDA COMMUNITIES TRUST
0 1/ zo,
•
Print e:
Print Name:
STATE OF FLORIDA
COUNTY OF LEON
By: Ken Reecy, Community Ega�mMianager
Florida Communities Trust
Date: . G -;26--
Approv Legality:
By
M�enL.'�Coons�, Trust Counsel
The foregoing instrument was acknowledged before me this d4y of
2010, by Ken Reecy, Community Program Manager, Florida Communities Trus ho is personally
known to me.
DRC108 -003 -WWI
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11
1
Mtary Public
Print Name:
Commission No.
My Commission Expires:
MM MSMPES
My COMM ION #DD &a985M
Hf W,
DANCU PARCEL
Lots 1, 2 and 3, Block 2, Middleton's Subdivision of City of Sebastian, according to the map or plat thereof as recorded in
Plat Book 2, Page 56, Public Records of Indian River County, Florida.
WGETHER WITH
From a point of beginning at the intersection of the South line of Government Lot 2, of Section 31, Township 30 South,
Range 39 East, Indian River County, Florida and the Mean High Water Mark of the West bank of Indian River, run West
along said South line of Governmental Lot 2 a distance of 80,05 feet, more or less, to the East right-of-way of Old U.S.
Highway No. 1, said right —of: way being 66 feet in width; thence run North 25 degrees 22 minutes West along said East
right-of-way line a distance of 71.45 feet; then run East, parallel to the South line of said Governmental Lot 2, a distance of
94.89 feet; thence run North 70 degrees 45 minutes East a distance of 132.03 feet to the established bulkhead line; thence
run South 25 degrees 22 minutes East along said bulkhead line a distance of 66.43 feet; thence run South 70 degrees 45
minutes West a distance of 145.50 feet to the point of beginning on the Mean High Water Line of Indian River ands the
South line of said Government Lot 2;
AND ALSO all of that part of Lot 1, Block I, AMDLETON'S SUBDIVISION OF CITY OF SEBASTIAN, according to
plat thereof recorded in Plat Book: 2, Page 56, Public Records of Indian River County, Florida lying East of Indian River
Drive ((?ld U.S. Hwy #1) and described as follows:
From a point beginning at the Mean High Water line of the West shore of the Indian River on the Township Line between
Township 30 South and Township 31 South, run West along said Township line (same beingthe North line L said Lot 1
Block 1, MIDDLETON'S SUBDIVISION OF CITY OF SEBASTIAN, a distance of 80.05- feet more or less, to the East
right -of -way of Indian River Drive (Old U.S. Highway No. 1) said right-of-way being 66 feet in width; thence run South 25
degrees 22 minutes East along said East right -of -way a distance of 90 feet; thence run North 80 degrees 00 minutes 00
seconds East a distance of 113 feet more or less to the Mean High Water Line of the Indian River; thence meander the
Mean. High Water Line in a Northwesterly direction to the point of beginning.
ROWSKI PARCEL
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 Iine of Indian River
Drive (being a point 37.15 feet due East of the centerline of Indian River Drive), the Point of Beginning: Thence Northerly
118 degrees 41 minutes 37 seconds along the East right -of -way, a distance of 184.75 feet more or less to a concrete
monument marked "x" thence run East 10' North of due East,to the high waterline of the Indian River, thence Southerly
along the high water line of said Indian River to a point intersecting the Easterly projected South line of Middleton's
Subdivision and the high water line of the Indian River, thence West to the point of beginning. Being a part of
Government Lot 1, Section 6, Township 32 South, Range 39 East.
Together with an upland, submerged land, littoral rights, shore rights and riparian rights lying to the East thereof to the
center of the Indian Riveritgt)i exteft that-same appertain to the property above described.
Y 4
y - '
END OF LEGAL DESCRIPTION.
DRC108- 003 -WW1
6/11/2010 12
0
Fisherman's Landing Sebastian, Inc.
PO Box 782038
Sebastian, FL 32978 -2038
September 30, 2011
Al Minner
Sebastian City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Mr. Minner:
RFc,
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s C*%
Please let this letter serve as notice to the City of Sebastian, effective
immediately, that I have resigned as president of Fisherman's Landing Sebastian
and that Tim Adams is now serving as president.
Sincerely,
arlie Sem er
FIRST AMENDMENT OF THE LEASE BETWEEN THE CITY OF SEBASTIAN AND
FISHERMAN'S LANDING SEBASTIAN, INC.
THIS FIRST AMENDMENT of that certain lease between the CITY OF SEBASTIAN, a
municipal corporation (hereinafter called "LESSOR ") and FISHERMAN'S LANDING
SEBASTIAN, INC., a non - profit corporation organized and existing under the laws of the State of
Florida (hereinafter called "LESSEE "), dated July 28, 2010, provides as follows:
WITNESSETH:
WHEREAS, the Lessor is the owner of property located at 1532 and 1540 Indian River
Drive, Sebastian, Florida; and,
WHEREAS, the lease was executed to promote and develop a working waterfront in
Sebastian, Florida to stimulate commercial fishing and tourism in the community's recognized
redevelopment district; and,
WHEREAS, the Lessor and Lessee wish to modify the Lease to expedite the central
purpose of the agreement and take advantage of cost saving measures.
NOW, THEREFORE, in consideration of the mutual covenants hereafter provided, the receipt and
sufficiency of which are hereby acknowledged by the parties have agreed as follows:
Paragraph 8 titled "Improvements" is hereby amended to read as follows:
8. IMPROVEMENTS. The Leased Premises are accepted by the LESSEE as is. The LESSEE
agrees as follows:
A. LESSEE agrees at its sole cost and expense to design, construct and maintain the
following improvements at 1532 Indian River Drive:
(1) Restoration and creation of a new fish house. The fish house shall serve as the
primary weighing and fish processing station. The fish house will also provide a
visitor's station enabling a safe and convenient location for the general public to
view and be educated about the commercial fishing industry in Sebastian.
(2) Install and maintain new aquaculture equipment including raceways and
upwellers as necessary for the operation of the working waterfront.
(3) Install and maintain new docks and boat slips as may be determined by the
LESSEE as necessary for the operation of the working waterfront.
(4) Clear all debris; install and maintain new landscaping along the uplands portion
of the Premises.
(5) Install a north /south "public access" boardwalk along the shoreline in order to link
the waterfront properties to the immediate north and south of the premises.
Lessee shall make improvements at their discretion as scheduling and funding permits.
B. As an Economic Development component of the Stan Mayfield Working Waterfront
Grant, LESSEE agrees to solicit and oversee business operations that will be located at
1540 Indian River Drive.
Enterprises that may be located in 1540 Indian River Drive will support commercial
fishing operations and may include:
(1) Fish Market, with limited seating for food and beverage service;
(2) Hosting of community events and demonstrations educating and celebrating the
contributions, history and heritage of Sebastian's commercial fishing industry;
(3) Smoke House and Seafood Operations; and,
(4) Other ancillary business /activities as approved by the LESSOR and the Florida
Communities Trust.
C. LESSEE acknowledges the existing conditions at 1540 Indian River Drive and will make
the following improvements in order to entice ancillary waterfront business:
(1) Repair Air Conditioner;
(2) Roof Repair;
(3) Interior and Exterior Painting (wall remediation);
(4) Electrical; and,
(5) Exterior Restroom Entry.
LESSOR shall pay LESSEE up to $250,000 for making said improvements. Funds shall
be paid to LESSEE for improvements based on pay request submitted to LESSOR as
improvements are made. Substantial completion of improvements shall be made by
September 30, 2011.
LESSOR shall remain the owner of the facility located at 1540 Indian River Drive and will
not be relieved of any future capital improvements or maintenance that may be required
at the facility. To that end, LESSOR shall seek grants and /or dedicate other funds to
finance future maintenance or improvement costs.
D. LESSEE shall obtain the written approval of LESSOR prior to making any improvements,
alterations, installations, additions to existing structures or new structures to be placed or
constructed on the Leased Premises. At the end of the term of this Lease, LESSEE shall
deliver the premises to LESSOR in good repair and condition, reasonable wear and tear
excepted. All installations, alterations, additions and improvements on the Premises shall
become the property of LESSOR, and on termination of the Lease Term shall be
surrendered with the Leased Premises in good condition, except any privately owned or
leased equipment.
E. All plans and specification for such renovations, improvements or construction shall be
submitted in writing to the LESSOR for approval which shall not be unreasonable
withheld or delayed.
F. Unless otherwise expressly prohibited herein, it shall be LESSEE'S sole responsibility to
obtain all necessary governmental approvals for the Leased Premises, including, but not
limited to all necessary LESSOR development approvals and permits as well as any
other agency approvals and permits. Nothing herein shall be deemed to waive or imply
waiver of any City of Sebastian governmental regulation or fee applicable to the review,
renovation or development of the Leased Premises by LESSEE nor any waiver of
LESSOR'S rights as Owner of the subject property. Nothing herein shall be deemed to
waive the LESSOR'S police powers. It is expressly understood, and agreed by LESSEE,
that LESSOR shall not be liable to LESSEE for any expense loss or damage incurred by
LESSEE resulting from the failure of LESSOR or any other governmental entity to
approve any or all necessary governmental approvals or permits required for the Leased
Premises. LESSEE acknowledges that the Leased Premises are located within the
Sebastian Community Redevelopment District and thus any change to the premises is
subject to such District's authority as well as provision of Chapter 163, Florida Statutes
and any future ordinances, statutes or other regulations applicable within the District.
G. All structures and fixtures to be constructed upon the Leased Premises shall be owned
by LESSEE during the term of the Lease and shall be exclusively controlled by LESSEE.
However, upon expiration, termination, revocation or surrender of this Lease, LESSOR
shall become owner of all structures, fixtures and improvements. LESSEE agrees to
execute bills of sale, documents of conveyance and assignments of warranties upon
request.
All remaining terms and conditions of the initial Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hand this 51h day of January 2011.
ATTEST:
Sally A. M MMC
City Cler
APPROVED AS TO FORM AND CORRECTNESS
op
Robert A. Ginsburg
City Attorney
Witness By:
CITY OF SEBASTIAN
A Municipal Corporation
"Ji ill
ayor
FISHERMAN'S LANDING
SEBASTIAN, INC.
Charlie Sembler
President
MEMORANDUM OF UNDERSTANDING
Fisherman's Landing (FL) will sublet the Premises at 1540 Indian
River Drive to Indian River Seafood (IRS) upon substantially the
following terms:
Possession. While IRS will have responsibility for the Premises, its occupation
of the same will have the following restrictions:
➢ Certain areas of the Premises, with examples being the outer deck, the pier,
and the sunken area of the enclosed back deck, along with areas as shall be
designated on an attachment to the lease, shall be accessible to the general
public without restriction during operating hours.
➢ An entryway and vestibule shall be constructed from the exterior of the
Premises to the bathrooms, which shall be available for public use at all hours.
➢ IRS shall have appurtenant rights to a reasonable and proportional but
undesignated use of available parking areas. However, it is anticipated that
special uses may be made of some parking areas during the Holiday seasons.
➢ Upon five (5) day's notice, FL shall be provided use of the food - service and
other reasonably available facilities for fundraisers and public events a
minimum of six (6) times per year.
Subletting. It is anticipated that areas of the Premises shall be sublet by FL,
with approval of the City and all other authorities, to other entities for
complementary uses, examples of such uses include small -scale food service and
historic museum.
Financial Responsibility. Monthly rent shall be in the amount of $3000. IRS
shall also be responsible for its utility charges such as electric, water and sewer, as
well as a pro -rata shall of dumpster and insurance charges (except for special
riders tied directly to the use by IRS, which shall be its sole responsibility).
Care. IRS shall keep both the exterior and interior of the Premises, including
Common Areas, in a clean and sanitary condition.
Lease Parameters. Adopt terms and restrictions of both the underlying lease
from the City and the Working Waterfronts Grant.