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03132013 Attachment WW Lease
A LEASE BETWEEN THE CITY OF SEBASTIAN FISHERMAN'S LANDING SEBASTIAN, INC. March 2013 INCLUDING UPDATED WIORMNG WATERFRONT COLLABORATIVE MANAGEMENT PLAN ma HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -S330 LEASE BETWEEN THE CITY OF SEBASTIAN AND FISHERMAN'S LANDING SEBASTIAN, INC. A LEASE made this day of March, 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 th to of Florida whose address is PO Box 782038, Sebastian, Florida 3297 hereinafter referred to as the "LESSEE." This document contains twely, aqes. WITNESSETH: WHEREAS, the Sebastian City Council is authorize lease real property owned by the City to not - for - profit organizations formed a purpose of promoting community interest and welfare; and, WHEREAS, LESSEE is ida not - for - profit organization formed for the purpose of promoting commu st and welfare, which includes the revitalization of Sebastian's W g ront, and whose Members are commercial fishermen (a copy LES orporate documentation is attached as Exhibit "A "); and, WHEREAS, LESSOR owns rep '; >roperty, hereinafter described below, which is upland to the Submerged Land L a #310006484; and, W %'_LESSOR has acquired the Property with partial funding from the - ities Trust (FCT), and the Property is subject to certain lime iris provided he FCT Declaration of Restrictive Covenants (as recorded in O ok 2431, Pag � 1268 in Indian River County, Florida) ( "Declaration "), the terms o �, Declaration e hereby incorporated by reference; and, WHER S, V rt and condition of the FCT funding, the LESSOR provided and T16--tvi' ved, a Working Waterfront Collaborative Management Plan (" Manageme Ian ") 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 L SSOR for a lease of the upland real estate and use of the submerged la ollectively referred to as the "Leased Premises," for the purpose of ercial fishing docks, off - loading facility and weigh station for use by the._ bers of the LESSEE and visitation by the general public in designated are accor face with the Management Plan; and, WHEREAS, LESSOR has determine ,. at the revitalization and preservation of the Sebastian Working Waterf ront A; otes community interest and welfare; and, WHEREAS, s found that the facilities to be leased to LESSEE are required fort opose a and LESSEE agrees to maintain the same and make certain im x.: =.h ,ements; WHEREAS, L� ' �' desi '' ase such Property to LESSEE for the purpose described herein , NOW THEREFORE, r Nenants onsideration of the foregoing and in further consideration of the mutual 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. 2 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 Rive rive, being a part of Lot 3, Block 2 of Middleton's Subdivision of the of Sebastian as per Plat Book 2 Page 56 . Parking spaces are sho n Exhibit "F ". C. Restroom Facilities: LESSEE shall have a n -ex 've right of use and access to the restrooms at 1540 Indian River Drive d operating hours of the 1540 Indian River Drive facility. The aforem _ ed restroom access shall satisfy City of Sebastian's restroom code r ements for the operation and development of the facilities at 1532 Indian er Drive. 3. PURPOSE. The LESSE ;shall use the Leased Premises solely and exclusively for providing its me commercial fishing dock, an off - loading fish packing facility, aquaculture, special events and other uses that may support the commercial fishir° 'ndus escribed herein in accordance with the Management Plan. 3A. SPECIAL EVENTS, Two (2) S ial Events per year may be conducted by the LESSEE at the leased pre It is understood that, LESSEE shall have the right to utilize the exterior are f the premises at 1540 Indian River Drive , additional cost in conducting said Special Events. All Special Eve., r . "r ue will be used to further the mission of LESSEE. At such s, the p of live music, such as live bands, DJ's or karaoke, is itted. A "Sp e f"I Event" shall be defined as a regular yearly, or bi- annual, sc led activity. ech Special Event is expected to have an attendance excee R 300 peop- excluding staffing personnel on a single day. Special Events be colidpicted over a three (3) day period from 9AM through 10PM. Sp vialrs may not conflict with the major events sponsored by the LESSOI ch include: the Sebastian Clambake; the 4th of JUIV 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 LESSEE. 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 ev t that the property at 1540 Indian River Drive is used as an ancillary ven whole or in part, of any FLS Special Event. LESSEE hereby waiv ,,. claims and agrees to hold forever harmless LESSOR from any and a lawsuits, judgments, or similar causes of action, for any /all injuri nd /o ims to persons or property arising out of Special Event activities conducte LESSEE on the Leased Premises, or on the premises at 1540 Indian River if that facility is utilized in conjunction with a FLS Special Event. LESSE a 1 indemnify LESSOR against any /all claims, liabilities, loss or damage a "' result of Special Event activities. LESSEE agrees to defend LESSOR against any /all claims, at LESSEE'S sole colt and expense. 4. SUBMERGED LANDS LEAS 'nT Sovereign Submerged Land Leas". ;, 31 parties further understand that this time to time. LESSOR shall be resp the appropriate governmental agency working waterfront as enumerated her( renewal fees associated with the Subme Jes acknowledge the existence of a (see Exhibits °D" & "E "). The ended and modified from to acq e, keep and maintain, from e which permits the operations of a LESSOR shall pay all annual and Lands Lease. LESSU - ` R es the restrictions, requirements and regulations contained in t __ „ bmerge ds Lease #310006484 and agrees to use the Leased Pre es in accorda with such lease provisions and directives. Any default, breac�t floncomplian tissues shall be the sole responsibility of the LESSEE. 5. TERM. _6 OR I s to the LESSEE the Leased Premises for a term of TWENTY (20���ars a' erms of a lease extension may be negotiated between the parties. 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. 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 4 paragraph 3(A), 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 hall be prohibited without the written consent of the LESSOR. 8. IMPROVEMENTS. The Leased Pre are pted by the LESSEE "as is." The following improvements schedule i A. LESSOR, at its sole cost and expense, s, .esign, permit and construct an, approximately, 1,500 square foot, sing ory fish house, including adequate electrical and potable water ice, along with any improvements � ecifications required by any governmental authority having regul g`' iew approval jurisdiction, in the footprint of the existing a water s cture. LESSEE shall appoint one representative to provid SSOR w' ish house design consultation on a no fee basis. The fish ho" - s a(" the primary weighing and fish processing station. The se wt "R° en to the general public to view and receive educatio bout the commercial fishing industry in Sebastian, Florida. Upon ex on of this Agreement, LESSOR will appropriate funds for constructiz vend make a good faith effort to complete construction within five ('years after final consent of all necessary plans, permits, and approvals by all regulatory agencies. B. LESSOR, at its sole cost and expense, shall design, permit and construct a boardwalk as depicted on Exhibit "G ". 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. E. LESSOR, at its sole cost and expense, shall design, permit and construct an, approximately, 500 square foot, single story restroom, 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 an appropriate location on the footprint of the aforementioned 1532 Indian 6 er Drive site. At the time the restroom receives its Certificate of Oc I cy from the City of Sebastian Building Department, the LESSEE forfeit its right of non- exclusive use of restroom facilities in the t 1540 Indian River Drive, Sebastian, FL as described in Secti I I C of ocument. At the end of the term of this Lease, LESSEE shall deliver the %aa 1 Premises to LESSOR in good repair and condition, reasonable wear an xcepted. With the exception of privately owned or leased equipment, lations , fixtures, alterations, additions and /or improvements, on the Leased Premises, shall become the property of LE :.SOR and, on termination of the Lease, shall be surrendered with the Leased Prn good condition. 9. OPERATIONAL ADHERENC n ad provided in this Lease Agreement, L S the Stan Ma ield Working Waterfron . of Sebastian Working Waterfront Coll r The Declaration of Restrictive Coven superior to any other restrictions placed u p Conto the duties, and obligations, ly with all requirements of tr (Exhibit "H ") and The City ative Management Plan (Exhibit "B "). (Exhibit "I "), issued by FCT, are the Property. Other ty Qns specifically superseded by FCT and this Lease Agreement, LE shall no tffere with the operations of the LESSEE. 10. BOLDING. UTILI A. LE B agrees #iat all portions of the Leased Premises shall be kept in good re ter. ndition by LESSEE. LESSEE shall maintain and make all necess pairs and alterations with respect to the Leased Premises to keep the `eased 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. 9 11. 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 isting electrical and water service without additional charge in those ing areas dedicated to LESSEE'S use on the west side of Indian R' rive. IFICATION A. LESSOR shall procure and maintain, during the term o Lease, public liability all risk insurance adequate to protect the LESSO inst liability for any and all damage claims that may arise due to the ac lies of the LESSEE in amounts that are determined by the LESSOR. In no fashion shall LESSOR be liable any claims arising between LESSEE and its agents resulting in dama , 9£, e City -owned facilities due to negligence of LESSEE less normal w - . a' B. LESSOR shall procure and r�mt a term of this Lease, fire and other casualty and prop�''o insuran including wind damage coverage in amounts as reasons! determined by the LESSOR. C. In the event LESSEE has paid eroyees, 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 of action, for any /all injuries and /or claims to persons or property arising out of the activities conducted by LESSEE on the Leased Premises. LESSEE shall indemnify LESSOR against any /all claims, liabilities, loss or damage as a result of 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 t will not substantially amend , or otherwise change its articles corporati n, bylaws or rules and regulations without the prior 'cation LESSOR. Copies of LESSEE'S articles of incorporation, w rules and regulations are attached hereto and incorporated her Exhibit "A ". LESSEE shall ensure that its members are required to ually meet the membership criteria set forth in its rules and regulations. SSEE agrees annually to certify to LESSOR, on or before August 15th o , IN, h year, those Members who continue " lify for corporate membership as well as those Members wh�Q ,r; f f � o longer qualified as Members. B. LESSEENTi Membe Officers, employees and invitees, when on the premises, to abide by all local, state and federal laws, ordinances ail ations ho follow and abide by the rules and regulations of the of Sebastian, Community Redevelopment Agency, and the State of Flo s may be amended from time to time. C. LESSEE agrees to keiW 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 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 th rior express written approval of LESSOR. This covenant shall be bin di the successors in interest of LESSEE, if any. LESSEE shall be permitted to sublease dock s F_ and"\,lips for clam raceways to licensed commercial fisherman. Preferencd upland rental shall be given to Sebastian commercial fishermanhall keep written records of all subleases as well as the namemmercial qualifications, dates of sublease, and rents. LESSEE shall not mortgage, ple e or the leasehold estate grante t pledge, or encumbrance of this L Lease, shall be void and may, at t event of default under this Lease successors in interest of LESSEE, if , or encumber this Lease, in whole or in part, tl� this Lease. Any attempted mortgage, e, c_ leasehold estate granted under this ole of the LESSOR, be deemed an Th' tt shall be binding on the LESSEE shall not pledge the LESSO credit or make it a guarantor for payment or surety for any contract debt, o gation, judgment, lien or any form of indebted LESSEE warrants and represents that it has no obligation or indebt it would impair its ability to fulfill the terms of this Lease. 16.110 CON A. L E agreesI Members and persons engaged in commercial fishing and ted actutes on the Leased Premises shall be at all times subject to the sole direction, supervision and control and shall not be considere a, ��loyees, 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 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, i rdance with Florida Statutes, from parking areas dedicated to the his Agreement, if they solely determine that such parking inte h operations at the working waterfront. Government vehicles rked a subject area, in support of a governmental function, are exempt, and not be towed. E. LESSEE agrees to prohibit unauthorized persons on the L - d Premises and to prohibit trespassing on the Leased Premises by use o propriate signage. LESSOR agrees to provide said signage at its expense. F. LESSEE agrees to deve _"# I /hazardous substance containment plan within sixty (60) days of thy; %� Lease. G. LESSEE for its %ddits per � e � in interest, as a part of the considerations firase, dd re by co" ant and agree that: (1) Nip ; rson ship a subted to discrimination in connection with LES'S ease Premises on the basis of age, sex, physica icap oi` isability, race, color, national origin, religion or stry; and, (2) LESSEE shall discriminate against any employee or applicant for employment i 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. 10 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 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, her "Wafter referred to as "Event of Default." (1) Institution of proceedings Wruntary bankruptcy by the LESSEE. (2) Institution of proceedings i o # iy bankruptcy against the LESSEE if such proceedings c `` a for a period of ninety (90) days and are not dismissed. (3) Assignment of this Lease for the benefitV reditors. (4) Aban V LESSEE of the Leased Premises or discontinue of eV ion of ` Leased Premises to the permitted uses for more th4 Cty (60) ndar days. (5) Dissolutis� ether v ©1 ry or involuntary, of LESSEE'S not -for- profit corpoon. (6) Default, none rmance or other noncompliance with any covenant, require ent 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 11 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. 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, stat ents, warranties or agreements other than those expressed in it. This contains the entire agreement between the parties and there are no fu - r other agreements or understandings written or oral in effect between th relating to its subject matter. This Lease cannot be changed or modifi xce written instrument executed by all parties hereto. This Lease and the terms a onditions hereto apply to and are binding upon the legal representatives, succe and assigns of both parties. 19. SEVERABILITY. If any term of this Lease or the application thereof to any person or circumstances shall b etermined by a court of competent jurisdiction to be invalid or unenforceable, inder of this Lease, or the application of such term to persons or circums r than those as to which it is invalid or unenforceable, shall not be a the d each term of this Lease shall be valid and enforceable to the fulle!a by law. 20. NOTICES. All notices required u %,.Ir, this Lease shall be sent by certified mails as follows: ,z of Sebastian ain Street Seb ` W741y, ,Florida 32958 -4165 ATTN. Manager A Copy salbe provideoIo the Sebastian City Attorney's Office. LESSEE: F raw "s Landing Sebastian, Inc. Po >_ dice Box 782038 Sebastian, FL 32978 -2038 21. GOVERNING LAWIVENUE. 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. 12 IN WITNESS WHEREOF, the Parties have executed this Lease on the date set forth above. ATTEST: Sally Maio, MMC City Clerk Witness By: Print Name REVIEWED AND APPROVES FLORIDA COMMUNITIES TR Division of State Lands Florida Communities Trust Print Name - Title BY: LESSOR City of Sebastian, Florida Bob McPartlan Mayor APPROVEDAMS TO FORM AND Robert A. Ginsburg City Attorney LESSEE Fisherman's Landing Sebastian, Inc. Tim Adams, President 13 Exhibit A For Lease Between City of Sebastian and Fisherman's Landing Sebastian, Inc. 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 P.O. BOX 6327 - Tallahassee, Florida 32314 Articles of Amendment to Articles of heorporation of y N0`l Jo �M J 6.74.11 _ 0 01 Cr FISHERMM'SLANDING SUASTI N.INC• 'U"'.14 (Namt of Corporation as currently filed with the f lorids Dent of State) NO80 4C?O4478 0 (Document Number of Corporation (if known) Pursuant to the provisions of section 617.1006, Florida Statutes, this Florida Not For Profit Corporation adopts the following amcndment(s) to its Articles of Incorporation: A. If amending an mt, enter the new name of the corporation, The new name mutt be distinguishable and contain the word "corporation" or "Incorporated" or the abbreviation "Corp. " or " Inc. " "Company" or "Co, " may not he usett in the name. S. Enter new principal office address, if Applicable. (Ptlncipal ogee address MUST BE A STREET ADDRESS ) C. Enter ntw mailing sddrt$s, if applicable: (Mailing address MAYBEA POST OFFICE BOXJ D. if amending the registered agent and /or registered of cc address in Florida. tnter tht name of the new registered grent Ind/or the new registered office Address: Name olNew R_eZisrerod Agent: New Re i tered Iffier Address: (Florida street address) . Florida (City) (Zip Code) iNow RtglsteredsAgcnt?s Sienatura if changing Registcred Agent: I hereby accept the appointment as registered agent: i am familior with and accept the obligations of the position. Signature of New Registered Agent, iifchanging Page 1 of 3 itf amending the t)fticers and /or Directors, enter the titie And name of each ofMcer /directur being removed and titter name, and address of each Officer and /or Director being addcd- (Attach additional sheers, ifnecersary) Title Name Address Type of Action Q Add D Remove 0' Add ❑ Remove 0 Add D Remove E. If emending or adding additional Artielm enter change(s) here: (anaeh additional. sheets, ffneeessary). (Be specific) ARTICLE III _ PURPOSE(S) The specific purpose(s) for which the corporation is organized is (pre): To provide waterfront OMSS to i rd commercial fisherman aguacultud s. or business entities for th harvest of marina organisms or Atwater 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, aquacuiturists, or business entities, including piers, wharves, docks, or other facilities operated to p(ov(de waterfront access to licensed commercial fishermen, aquaculturists, or business entities; or (b) activities for exhibitions, demonstrations, educational venues, civic events and other purposes that promote and the public about economic, cultural and historic heritage of Florida's traditional workinta waterfronts, Includl 2 the marketing of the seafood and aquaculture industries. Page 2 of 3 (I1 •'4 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 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. ,P0 o 3 The date o(each amendment(s) adoption: November 1, 2008 Effective date ifif ann_____Y able: November 1, 2008 (no more than 9 days after amendment frle date) Adoption of Amendment(i) (CHE__ CK nN�) The amendments) was/were adopted by the members and the number of votes cast for the amendment (s) was/were sufficient for approval. ( ) I 0 There are no members or members entitled to vote on the amendrnent(s). The omendment(s) was /were adopted by the board of directors. I // /-7l;DP Signature (By the chairman or vice chairman of the board, president or other officer -i f d ors 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 name of person signing) �- (Title of person signing) Page 3 of 3 BY -LAWS OF FISHERMAN'S LANDING SEBASTIAN, INC. ARTICLE 1 - OFFICERS The principal office of the corporation shall be at: 6945 49 °i 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 reouire. ARTICLE fI — PURPOSES The purposes for which this corporation has been organized are as follows: To provide waterfront access to licensed commercial fisherman, aquaculturists, or business entities for their commercial harvest of marine organisms or saltwater products and conduct exhibitions, demonstrations and educational venues to promote and inform the public about the economic, cultural and historic heritage of Florida's traditional working waterfronts Working waterfront means (a) activities for the purpose of the commercial harvest of marine organisms or saltwater products by state - licensed commercial fishermen, aquaculturists, or business entities, including piers, wharves, docks or other facilities operated to provide waterfront access to licensed commercial fishermen; aquaculturists, or business entities; or (b) activities for exhibitions, demonstrations, educational venues, civic events and other purposes that promote and educate the public about the economic; cultural and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. Said organisation 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 5-O (c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. MBL, -I ARTICLE III — MEMBERSHP 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. Lr2 2. MEMBERSHIP MEETINGS. Th a ual membership meets 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 b)- laws. The secretary shall cause to be mailed to every member in good standing at his address as it appears on the membership roll book of the corporation a notice stating the time and place of the annual meeting. Regular meetings of the corporation shall be held: 6945 49'" Street, Vero Beach, Florida 32967 or any other designated place as the directors from time to time shall dictate. The presence at any membership meeting of not less than two members shall constitute a quorum and shall be necessary to conduct the business of the corporation; however, a lesser number may adjourn the meeting for a. period of not more than four weeks from the date scheduled by the by -laws and the secretary shall cause a notice of the re- scheduled date of the meeting to be sent to those members who were not present at the meeting originally called. A quorum as hereinbefore set forth shall be required at any adjourned meeting, A membership roll showing the list of members as of the record date, certified by the secretary of the corporation, shall be produced at any meeting of members upon the request therefore of any member who has given written notice to the corporation that such request will be made at least ten days prior to such meeting. All persons appearing on such membership roll shall be entitled to vote at the meeting. 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 shall fix, in advance, a date as the record date for any such determination of members. Such date shall not be more than fifty nor less than ten days before any such meeting, nor more than fifty days prior to any other action. 5. ACTION BY MEMBERS WITHOUT.A MEETING. Whenever members are required or permitted to take any action by vote, such action may be taken without a meeting by written consent, setting forth the action so taken, signed by all the members entitled to vote thereon. 6. PROXIES. Every member entitled to vote at a meeting of members or to express consent or dissent without a meeting may authorize another person or persons to act for him by proxy. Every proxy must be signed by the member or his attomey,in - fact. No proxy shall be valid after the expiration of eleven months from the date thereof unless otherwise provided in the proxy. Every proxy shall be revocable at the pleasure of the member executing it, except as otherwise provided by law. 7. ORDER OF BUSINESS. The order of business at all meetings of members shall be as follows: Roll call 2. Reading of the minutes of the preceding meeting 3. Reports of committees 4. Reports of officers 5. Old and unfinished business 6. New business 7. Good and welfare 8. Adjournments 8. MEMBERSHIP DUES. :m ARTICLE IV — DIRECTORS 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. 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. QUORUM OF DIRECTORS. Unless otherwise provided in the certificate of incorporation, a majority of the entire board shall constitute a quorum for the transaction of business or of any specified item of business. 8. ACTION OF THE BOARD. Unless otherwise required by law, the vote of a majority of the directors present at the time of the vote, if a quorum is present at such time, shall be the act of the board. Each director present shall have one vote. 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 annu meeting of members. al 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 of the 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. i may adjourn any meeting to another ti s present, me 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. 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 1. 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. 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. 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 shal I 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. 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. 6. 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. 9. SURETIES AND BONDS. In case the board shall so require, any officer or agent of 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 con flict 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 b� laws may b adopted they are entitled to vote in the election of directors. e By- lawsy ay also be ers ado tt a time at amended or repealed by the board of directors but any by- law adopted, amended or as repealed by the board may be amended by the members entitled to vote thereon p d, hereinbefore provided. If any b.,,,- law regulating an impending election of directors is adopted, amended or repealed by the board, there shall be set forth in the notice of the next me members for the elect together on of directors the by- law so adopted, amended, or repeal ed, of with a concise statement of the changes made. repealed, MBL-9 INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 Date: MAR 2 6 2009 FISHERMANS LANDING SEBASTIAN INC C/O CHARLES W. SEMBLER, II 6945 49TH ST VERO BEACH, FL 32967 Dear Applicant: 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) (Vi ) Form 990 Required: Yes Effective Date of Exemption: May 6, 2008 Contribution Deductibility: Yes Addendum Applies: No We are pleased to inform you that upon review of your application f exempt status we have determined that you are exempt from Federal income under section 501(c)(3) of the Internal Revenue Code. Contributions tax deductible under section 170 of the Code. You are also qua lifie tax tax deductible bequests, devises, transfers or gifts under section to you are or 2522 of the Code. Because this letter could hel resolve d to receive regarding your exempt status, you should keep it in your permanent questions s P yr any questions Organizations exempt under section 501X)(3) of the Cod p moment records. as either public charities or private foundations. W e are further classified a public charity under the Code sections) listed in theehe dingdOfhthis are l ett,er . this Please see enclosed Publication 4221 -PC, Compliance Guide Charities, for some helpful information about your exempt organization. respons bili�ies)as) Public an Letter 947 (DO /CG) -2- FISHERMANS LANDING SEBASTIAN INC Enclosures: Publication 4221 -PC 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: NW000004478 The enclosed Articles ofAmendment 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 @aol.com E-mail address: to be used for future annual report note icaUon For further information concerning this matter, please call: Beth Sembler at ( 772 ) 473 -1577 (Name of Contact Person) (Area Code & Daytime Telephone Number) Enclosed is a check for the following amount made payable to the Florida Department of State: 0 $35 Filing Fee 0 $43.75 Filing Fee & 0 $43.75 Filing Fee & 0 $52.50 Filing Fee Certificate of Status Certified Copy Certificate of Status (Additional copy is Certified Copy enclosed) (Additional Copy is enclosed) Mailing Address Amendment Section Division of Corporations P.O. Box 6327 Tallahassee, FL 32314 Street Address Amendment Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, FL 32301 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) X0,0 8 r�<<qH r4, r F,y 4' 30 ASSF£�F� z0/. 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 amending 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 mailing address, if applicable: (Mailing address MAY BE A 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 of New Registered Agent. New Registered Office 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. I am familiar with and accept the obligations of the position. Signature of New Registered Agent, if changing Page 1 of 3 I If amendint the Officers and/or_ Directors, enter the title and name of each officer /director bein removed and title„ name, and address of each Officer and /or Director being added: (Attach additional sheets, if necessary) Title Name Address Rye of Action Presid Charles W. Sembler 6945 49th Street ❑ Add Mero Beach, FL 32967 ❑ Remove Presid Timothy Adams 426 Maple Street p Add Sebastian, Ft 32958 ❑ Remove ❑ Add ❑ Remove E. If amending or adding additional Articles, enter change(s) here: (attach additional sheets, if necessary). (Be specific) Page 2 of 3 The date of each amendment(s) adoption: 9-30 -2011 (date of adoption is required) Effective date if applicable: 9-30 -2011 (no more than 90 days after amendment file date) Adoption of Amendment(s) (CHECK ONEI ❑ The amendment(s) was/were adopted by the members and the number of votes cast for the amendment(s) was/were sufficient for approval. ❑✓ There are no members or members entitled to vote on the amendment(s). The amendment(s) was/were adopted by the board of directors. Dated 10-14-2011 Signature f - - (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 32301 CR2E044(08/05) Mailing Address: Amendment Section Division of Corporations Post Office Box 6327 Tallahassee, FL 32314 fI � . • OFFICER / DIRECTOR RESIGNATION? FOR A CORPORATION 0/ ACT /8 T4<14 T'Rr Fh AsStEW'�l .' hip, . I Charles W. Sembler , hereby resign as President -)711r. (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 OTY OF SEBAST L� HOME OF PELICAN ISLAND CITY OF SEBASTIAN WORKING WATERFRONT COLLABORATIVE MANAGEMENT PLAN STAN MAYFIELD WORKING WATERFRONT PROGRAM 08- 003 -WW1 June 2010 Updated August 2012 TABLE OF CONTENTS Executive Summary Section I — 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 FCT Acknowledgement Existing Physical Conditions —1540 & 1532 Indian River Drive Stormwater Facilities /Surface Water Management 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 at the Site Description of Primary Activities to Occur at Site Operational Acknowledgement Current and Future Demand for the Facilities and Activities Section V — Concession and Leases Rents /Royalties Collected at the Site Identify Existing Concessions and Leases Submerged Land Lease Section VI — Management Needs Management Maintenance Security Staffing Section VII — Cost Estimates and Funding Sources Structure and Improvement Maintenance Security Staffing Funding Sources Section VIII — Schedule Priority Timeline Section IX — Monitoring and Reporting Section X — List of Attachments N 7 8 10 11 11 11 11 12 13 16 16 16 17 17 17 18 18 18 19 22 22 22 22 22 23 23 23 23 24 24 24 24 25 25 25 25 26 26 27 27 EXECUTIVE SUMMARY The Sebastian 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 settlement, originally called Newhaven, would not only be transformed by changing its name to Sebastian, 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 Grant 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 short boat ride to the Sebastian Inlet — offering easy, quick access to the Atlantic Ocean. Meanwhile, fnfish are making a comeback and the growing viable aquaculture market — the production of clams and other marine organisms — is successfully operating 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 the commercial fishing industry, Sebastian is positioned to regain its prominence as a world class fishing village. 3 SECTION I. INTRODUCTION The Sebastian Waterfront Collaborative Grant Proposal represents a public/private joint endeavor. 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 marketteatery, renovated fish house, exhibitions, demonstrations, educational venues, and civic events. The sites in this application will help create a destination for promoting one of Florida's primary and historic economic industries — fishing. With this concept, the City not only meets the goals of the Stan Mayfield Working Waterfront Grant program but also supports economic redevelopment efforts within the Sebastian Community Redevelopment Agency district (CRA). 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 (FCT) Stan Mayfield Working Waterfront Grant program funds, the City has the opportunity to use redevelopment funds for its primary purpose — generating a new tax base, bolstering the local economy through stimulation of retail /food /beverage sales, increased hotel /motel occupancy, 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 marketteatery 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, 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. 4 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" from 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 and a boardwalk. The Dabrowski Offshore Marina site provides one of the few deep water commercial docks still in existence with an operable 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 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. 5 0 �1 Other Aspects Both parcels (1532 and 1540 Indian River Drive) are within the City's Community Redevelopment Agency (CRA) district, and 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 grant agreement and application. 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 City owned boat ramps currently offer parking and are operated year round, free of charge. These sites are shown on Attachment "l ". SECTION H. PURPOSE All parcels will be managed in accordance with Florida Statutes as a working waterfront. This section of the City of Sebastian Working Waterfront Collaborative Management Plan ( "Management Plan ") will describe the primary propose of the Waterfront Collaborative, how it matches the intent of the Stan Mayfield Working Waterfront Grant program, and how the Waterfront Collaborative will function as a community redevelopment district tool. Supporting the Concepts of The Stan Mayfield Grant Working Waterfront 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 the historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. C1 The Management Plan 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. A "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 view fish packaging /shipping caught by Sebastian's fishing families, aquaculture operations, aquaculture "touch" exhibits, linear decks connecting facilities, benches providing seating to enjoy the river view along the boardwalks, and, an ice house. FA ➢ Hurricane Harbor — Retail fish market/eatery, museum /educational venue with interactive displays, and, other micro businesses that support commercial fishing. The City acknowledges that any proposed modification of the Management Plan and /or undertaking any site alterations or physical improvements that are not addressed in the Recipient's approved Management Plan will require prior FCT review and approval. 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 to dock 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 Community Redevelopment Agency (CRA) district, will generate public and private revenue from visitors and residents, who come to see, learn, and explore Sebastian's 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 historictcultural 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 fuel, 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 Management Plan is to have the Hurricane Harbor and Dabrowski properties work in concert to draw people to the Waterfront Collaborative in order to 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 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 marketteatery. E Sebastian's Comprehensive Plan The City's Comprehensive Plan supports the working waterfront program and the proposed uses in a variety of ways. One of the City's goals in the Comprehensive Plan is to protect the "historic fishing village" atmosphere 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). 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 /rental, bait and tackle shops, fish markets /packing houses, restaurants, and accessory uses for the fishing industry. Therefore, no change to the FLU is anticipated (see Attachment '7). The zoning currently in place is Commercial Waterfront Residential (CWR). The CWR zoning allows and promotes all uses proposed at the sites. 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 /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. I[1] Potential Conflicts with Adjacent Activities The parcels are located within the City of Sebastian's Community Redevelopment Area. The land uses for the project site and the surrounding land is Riverfront Mixed Use. To :he south of the property are existing commercial activities including an existing ,ommercial docking facility, restaurants, and the Mel Fisher Museum. To the north of :he 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 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, recently, has been a restaurant and bar. There is an outside deck, tiki bar, and dock facility /observation pier. 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/observation pier is approximately 165' long x 6.5' wide. 11 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, including 4 handicapped accessible parking spaces. Parking is primarily situated for cars. The west parking is currently an unpaved, gravel lot with concrete parking "stops." 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 the Hurricane Harbor facility. 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. Specifically, the overall dock configuration is a "U- shape," with a single dock extending out from the shoreline 41' to a platform where the original fish house was located. From there, two piers extend out 125' each forming the "U ", thereby, providing a turning basin for the boats to dock and unload. The fish house is approximately 800 square feet and needs to be redeveloped. The parking surface is unimproved. Stormwater Facilities /Surface Water Management The Hurricane Harbor site has an approved stormwater plan (originally permitted through the St. Johns River Water Management District (SJRWMD) that has been installed, and therefore, only maintenance is anticipated. The City workforce can oversee maintenance of the stormwater 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 the St. Johns River Water Management District. 12 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. The below 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. 13 • 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 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. 14 • 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. A "Stand of Trees" on the Dabrowski /Offshore Marina facility is pictured below. 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. Site clearing of dead trees /vegetation and preparation site work for new landscaping will be completed within 180 days from acquisition. 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 (shown below). • A small amount of Brazilian Pepper (schinus terbinthifolius) must also be removed on the west side of the properties. The City agrees to remove exotic and nuisance species from the site within 180 days of acquisition. That will be accomplished utilizing "best practices" methods in accordance with the current Florida Exotic Pest Plant Council (FLEPPC) list. The City will monitor the site annually for nuisance and exotic species. City Staff currently monitors a number of City owned facilities, therefore, the subject parcels can easily be 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 stormwater 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 altemiflora (shoreline grasses) along the shoreline will be made. Stormwater improvements for the Dabrowski site 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 Historic Resource No known archeological artifacts exist, but if items are discovered, the City will immediately contact the State Historic Preservation Officer (SHPO), Florida Division of Historical Resources, Florida Department of State. 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. irei • Permits The Florida Department of Environmental Protection (DEP or successor agencies) has transferred the Submerged Lands Lease reflecting the City as owner of the Dabrowski Offshore Marina Submerged Lands Lease (Attachment "4 "). The Hurricane Harbor property has a Board of Trustees deed for the submerged land (Attachment "4 "). The City or FLS will obtain an environmental resource permit, or wetland resource permit, for any proposed structures over the water or wetlands at the project site(s). Health Department inspections /permit will be required for the sale of fresh seafood and limited food service. City of Sebastian Building Department permits will be required for the renovations and other improvements scheduled for 1540 and 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. Johns 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 sixty (60) days prior written notice and information regarding any proposed easement, and no documents will be executed without the prior written approval of FCT. Educational Signs and Displays, Museum The City will provide interpretive kiosk(s) or signage 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 economic, cultural, or historic heritage. The City, in conjunction with FLS, 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, and 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." 17 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 SHPO, Florida Division of Historical Resources immediately if any archeological resources are identified. The City will coordinate with the SHPO 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 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 same to 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 the documents related to that contractual relationship as of October 2011. + 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, in place, a contractual relationship between the fishermen and the Dabrowski Trustees. Those subject fisherman ultimately formed Fisherman's Landing Sebastian, Inc. (FLS). Currently, there is a lease between the City and FLS. FCT has reviewed the documents related to that contractual relationship as of October 2011. Proposed Business Activities on the Site 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. A 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. 18 ➢ 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 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 since professional services are required to conduct preliminary design on the foundation integrity of the existing fish house. 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. The "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. IF 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 served at the site will be in keeping with the nature of a seafood shack, seafood eatery or seafood caf6, whereby, food /drink orders are taken and paid for at an identified location. There shall be no wait staff for the purpose of obtaining 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. 20 ✓ 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 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 four (4) persons. Tables shall be located in the eatery portion of the facility as identified on the attached site plan (Attachment "5 "). Due to the existing configuration of Hurricane Harbor's previous restaurant set -up, the old bar shall only function as a food service venue, or consumption counter. In addition to the table capacity previously mentioned, there shall be no more than ten (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 Attachment "5 "). 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 Attachment "5 ", 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 — The site plan (Attachment "5 ") attached to this document shall serve as the eatery layout. ➢ Special Events — From time to time, but not to exceed six (6) times per year, special events may be conducted at the site. The purpose of such event will be to fund raise for Fisherman's Landing Sebastian (FLS), a partner in the Waterfront Collaborative, in support of their mission directly supporting 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 case, the special event shall be governed by the issuance 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 Attachment "Y) will be reserved for educational forums. Such forums will provide 21 information to the public about commercial fishing techniques, crab trapffish net/bait assembly, and, cooking /preparation of seafood recipes. Through a partnership with the Florida Department of Agriculture, the theme "tastiest catch" will be marketed to support the commercial fishing industry. ➢ Ice Depot — The 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 for use only by commercial fishermen. Operational Acknowledgement The listed operational components of the Waterfront Collaborative are illustrative in nature. The 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 sixty (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. RN Since June 2010, the City has requested FCT recognize and review two lease documents relating to the operation and management of this business plan. As of November 1, 2011, FCT has reviewed and provided lease approval guidelines. The City will execute these leases as stipulated by FCT: (a) Fisherman's Landing Sebastian, Inc. (FLS), a 501(c)(3) not - for - profit corporation has been issued a lease for the redevelopment and management of 1540 and 1532 Indian River Drive. (b) Indian River Seafood, Inc. — has subleased 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 reviewed by FCT for approval prior to the execution of the document. The City will provide FCT sixty (60) days 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 for the Existing Dock Facilities (a) Hurricane Harbor Site — City holds a Deed from the Board of Trustees of the State of Florida for the submerged land (Attachment "4 "). (b) Dabrowski /Offshore Marina (Attachment "4 "). The City will annually provide a signed affidavit that the submerged lands 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: 1) Perform regular mowing, pruning of landscaping. 2) Keep the property free of trash, litter and debris. 3) Maintain docks and other facilities that are redeveloped. 23 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. SECTION VII. COST ESTIMATES AND FUNDING SOURCES Structure and Improvement 60 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: • A 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 Plumbing /Restroom 20,000.00 11,450.10 A/C 20,000.00 1,490.00 Painting 5,000.00 - ADA Modifications 2,500.00 - Kitchen - 19,647.96 Freezers - 31,133.13 Landscape - 2,297.21 Contingency 37,500.00 1,219.00 Labor - 65,990.84 Professional Services - 1,715.00 Government Permits /Other - 5,760.90 Contractor Draw - 15,000.00 TOTAL PROJECT 250,000.00 256,589.01 24 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, maintenance, submerged lands 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 (CRA), 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 VIII. SCHEDULE PRIORITY TIMELINE ITEM I COMPLETED 2012 1 2013 1 2014 1 2015 I ! 2016 1 2017 1 2018 1 2019 1 2020 LEASE AGREEMENTS Feb -11 Coordnarto wlthe Aquatic Preserve on Water Quality Prolaciions Measures Construct Fish Hmm Open Fish Hmm Pubic - Observation Deck Landse 1532 Indian Fiver Drive Stormwater kWovwffts -1532 Indian Rwer Drive Shoreline -1532 Indian Fiver Drive Rernovate Barn Jan -11 FarmithrimCorr druciion Retro-Push Rai System ICE HOUSE :L7-77 Photo Doc urmtotion of Plan Dev*pment Annual Sawardshp Report Contact the DM3ion of Historical Resources to investigate Facilities for National Register 0 0 26 x x I x I x I x I x I x I x Ix x x x x x x x x x x x x HURRICANE HARBOR RENOVATIONS x x x x x x x x x x x x x x Feb -11 Coordnarto wlthe Aquatic Preserve on Water Quality Prolaciions Measures Construct Fish Hmm Open Fish Hmm Pubic - Observation Deck Landse 1532 Indian Fiver Drive Stormwater kWovwffts -1532 Indian Rwer Drive Shoreline -1532 Indian Fiver Drive Rernovate Barn Jan -11 FarmithrimCorr druciion Retro-Push Rai System ICE HOUSE :L7-77 Photo Doc urmtotion of Plan Dev*pment Annual Sawardshp Report Contact the DM3ion of Historical Resources to investigate Facilities for National Register 0 0 26 x x I x I x I x I x I x I x Ix x x x x x x x x x x x x x x x x x x x x x x x x x x x x I x I x I x I x I x I x Ix x x x x x x x x x x x • SECTION IX. MONITORING AND REPORTING The City's Community Development Department will prepare an Annual Stewardship Report, due October 30t of each year, in order to evaluate the implementation of the Management Plan. The City will provide documentation that the submerged lands 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. 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 FCT with either the audit report, Comprehensive Annual Financial 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 /business in the area. 2. Future Land Use Map. 3. FLEPPC list of nuisance and exotic species. 4. Copy of the existing Submerged Lands Lease for Dabrowski property, and Board of Trustee Deed for Hurricane Harbor submerged lands. 5. Hurricane Harbor Facility — Operational Floor Plan. • Master Site Plan /Proposed Improvements. • Compliance letters from DEP. • Copy of The Stan Mayfield Working Waterfront Grant Contract 27 Attachment I — Location & Public Owned Lands . Archie Smith Fish House (owned by Indian River Co.) V CWCF HOME OF PELICAN it Working Waterfronts Acquisition (former Hurricane Harbor and Dabrowski/Ofthore Marina parcels) Sembler parcel (privately owned) Street Boat Ramp (City owned) I El 0 C- G) N 7 v C J LL N C 0) E s v r' MQF �► i.. SEBASTL .. HOME OF PELICAN ISLAND I I. I r e ❑ �-j p- -- I Li M g s IIPIe..l t � lip.+ i [Ha.e.�m..�. ire. �. gmrti .�..v�r.�.rrrer.awaw.�waw�s. 1 i FUTURE LAND USE MAP 2025 Fee( W—* CONSERVATION COMMERCIAL LIMITED IMCRA BOUNDARY AGRICULTURE (Mar. 1 dWSaas) COMMERCIAL GENERAL Q CRY BOUNDARY 0 two 3,000 8,000 LAND DESIGN INNOVATIONS VERY LOW DENSITY RESIDENTIAL (Max. 3 dtdw) - COMMERCIAL S12 COASTAL HIGH HAZARD AREAS LOW DENSITY RESIDENTIAL (Max. S UWao) _ RIVERFRONT MIXED USE WATER IqO f�!�b� North �b/Ki0 Avenue MOBILE HOME (Max. S dWae) INDUSTRIAL MEDIUM DENSITY RESIDENTIAL (M-. 8 dWao) INSTITUTIONAL 295 Whiter Park Irforido 32789 C- G) N 7 v C J LL N C 0) E s v Florida Exotic Pest Plant Councils 2009 list of Invasive Plant Species rpose of the List: To focus attention on — the adverse effects exotic pest plants have on Florida's biodiversity and plant communities, 0 the habitat losses from exotic pest plant infestations, 0 the impacts on endangered species via habitat loss and alteration, 0 the need to prevent habitat losses through pest -plant management, 0 the socio- economic impacts .of these plants (e.g., increased wildfires in certain areas), 0 changes in the seriousness of different pest plants over time, 0 the need to provide information that helps managers set priorities for control programs. CATEGORY I Invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. This definition does not rely on the economic severity or geographic range of the problem, but on the documented ecological damage caused. FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist. Abrus precatortus rosary pea I N C, S Acacia auriculiformis earleaf acacia I . C, S Albizia julibrisstn mimosa, silk tree 1, N, C Albizia lebbech woman§ tongue I C, S Aidisia crenata (A. crenulam misapplied) coral ardisia I N, C, S Ardisia elliptica (A. humiCu misapplied) shoebutton ardisia 1 N C, S Asparagus aethiopicus (A. sprengeri; asparagus -fern I N, C, S A. densiflorus misapplied) Bauhinia variegata orchid tree I C, S Bischofia javanica bishopwood I C. S lophyllum antillanum santa maria (names "mast wood," I S alaba and C. inophyllum misapplied) "Alexandrian laurel" used in cultivation) asuarina equisetifolia Australian -pine, beach sheoak I P, N N, C, S Casuarina glauca suckering Australian -pine, gray sheoak 1 P, N C, S Cinnamomum camphora camphor tree I N, C, S Colocasia esculenta wild taro I N, C. S Colubrina asiatica lather leaf I N S Cupaniopsis anacardioides carrotwood I N C, S Dioscorea alata winged yam I N N, C, S Dioscorea bulbifera air- potato I N N, C, S Eichhorma crassipes water - hyacinth I P N, C, S Eugenia unij`lora Surinam cherry I C, S Ficus microcarpa (F. nitida and laurel fig I C. S E retusa var. nitida misapplied)' Hydrilla verticillata hydrilla I P, U N, C, S Hygrophila poiysperma green hygro I P, U N, C, S Hymenachne amplexicaulis West Indian marsh grass I C, S Imperata cylindrica (L brasilieruis misapplied) cogon grass I N, U N, C, S Ipomoea aquatica water- spinach I P, U. C Jasminum dichotomum Gold Coast jasmine I C, S Jasminum f luminense Brazilian jasmine I C, S Lantana camara (- L. strigocamara) lantana, shrub verbena I N, C, S Ligustrum lucidum glossy privet I N, C Ligustrum sinense Chinese privet, hedge privet I N, C, S loicera japonica Japanese honeysuckle I N, C, S wigia peruviana Peruvian primrosewillow I N, C, S Luziola subintegra Tropical American water grass I S Lygodium japonicum Japanese climbing fern I N N, C. S Lygodium rnicrophyllum Old World climbing fern 1 N C. 5 'Does not include Ficus microcarpa subsp. luyuensis, which is sold as "Green Island Ficus" FLEPPC 2009 List of Invasive Plant Species — Fall 2009 CATEGORY II Invasive exotics that have increased in abundance or frequency but have not yet altered Florida plant communities to the extent shown by Category I species. These species may become ranked Category 1, if ecological damage is demonstrated. FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist.' Macfadyena unguis -cati cat's claw vine I sisal hemp N, C, S Maniikara zapota sapodilla I II S Melaleuca quinquenervia melaleuca, paper bark I P, N, U C, S Melinis repens ( Rhynchelyman rq ens) Natal grass I Antigonon leptopus N, C, S Mimosa pigra catclaw mimosa I P, N, U C, S Nandina domestics nandina, heavenly bamboo I II N, C Nephrolepis cordifolia sword fern I N, C, S Nephrolepis brownii (. N. muftiflora) Asian sword fern I C, S Neyraudia reynaudtana Burma reed, cane grass I N S Nymphoides cristata snowflake I C, S Paedena cruddasiana sewer vine, onion vine I N S Paedena foetida skunk vine I N N, C, S Panicum repens torpedo grass I N, C, S Pennisetum purpureum Napier grass I N, C, S Pistia stratiotes water - lettuce I P N, C, S Psidium cattleianum (m P littorale) strawberry guava I C, S Psidium guajava guava I C, S Pueraria montana var. lobata (= P. lobata) kudzu I N N, C, S Rhodomyrtus tomentosa downy rose -myrtle I N C, S Rhynchelytrum repens (See Melinis repent) Ruellia brittoniana2 Mexican petunia I N, C, S (R. tweediana misapplied) Salvinia minima water spangles I N, C, S Sapfurn sebiferum (- Thadica sebifera) popcorn tree, Chinese tallow tree I N N, C, S Scaevola taccada scaevola, half - flower, beach naupaka I N C, S (= Scaevola sericea, S.frutescens) Schefflera actinophylla schefflera, Queensland umbrella tree I C, S (a Brassaia actinophylla) Schinus terebinthifolius Brazilian pepper I P, N N, C, S Scleria lacustris Wright's nutrush I C, S Senna pendula var. glabrata climbing cassia, Christmas cassia, I C, S (e Cassia colufeoides) Christmas senna Solanum tampicense (- S. housionii) wetland nightshade, aquatic soda apple I N, U C, S Solanum viarum tropical soda apple I N, U N, C, S Syngomum podophyllum arrowhead vine I N, C, S Syzygium cumini jambolan plum, Java plum I C, S Tectarta incisa incised halberd fern I S Thespesia populnea seaside mahoe I C, S Tradescantia fluminensis small -leaf spiderwort I N, C Urochloa mutica (- Brachiaria mutica) Para grass I C, S CATEGORY II Invasive exotics that have increased in abundance or frequency but have not yet altered Florida plant communities to the extent shown by Category I species. These species may become ranked Category 1, if ecological damage is demonstrated. '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 Ruellra brittoniana, R. tweedians, R. caerulea, and R. simplex. FLEPPC 2009 List of Invasive Plant Species — Fall 2009 FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist Adenanthera pavonina red sandalwood II S Agave sisalana sisal hemp II C, S Aleurites fordii (- Vernicia fordii) tung oil tree II N, C Alstonia macrophylla devil tree II S Alternanthera philoxeroides alligator weed 11 P N, C, S Antigonon leptopus coral vine II N, C, S Aristolochia littoralis calico flower II N, C, S Arystasiagangetica 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 Ruellra brittoniana, R. tweedians, R. caerulea, and R. simplex. FLEPPC 2009 List of Invasive Plant Species — Fall 2009 FLEPPC 2009 List of Invasive Plant Species — Fall 2009 FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist. Begonia cucullata wax begonia II N, C, S Blechum pyramidatum green shrimp plant, Browned blechum 1I N, C, S Broussonetia papyrifera paper mulberry I1 N, C, S .<allisia fragrans inch plant, spironema II C, S ,allistemon viminalis bottlebrush, weeping bottlebrush II S Casuarina cunninghamiana river sheoak, Australian-pine 1I P C, S Cecropia palmata trumpet tree II S Cestrum diurnum day jessamine II C, S Chamaedorea seif izii bamboo palm II S Clematis terniflora Japanese clematis II N, C Cryptostegia madagascariensis rubber vine II C, S Cyperus involucratus umbrella plant II C, S (C. altemifolius misapplied) Cyperus prolifer dwarf papyrus II C, S Dactyloctenium aegyptium Durban crowfootgrass 1I N. C, S Dalbergia sissoo Indian rosewood, sissoo II C, S Elaeagnus umbellata silverberry, autumn olive II N Elaeagnus pungens silverthorn, thorny olive II N, C Epipremnum pinnatum cv. Aureum pothos II C, S Ficus altissima false banyan, council tree II S Flacourtia indica governors plum II S Hemarthria altissima limpo gran II C, S Hibiscus tiliaceus (See Talipwiti tiliaceum) Hyparrhenia rufa jaragua 11 N, C, S Ipomoea carnea ssp. fistulosa (- I. fistulosa) shrub morning -glory II P C, S Jasminum sambac Arabian jasmine II S Kalanchoe pinata life plant II C, S 'oelreuteria elegans ssp. formosana flamegold tree II C, S (= K formosana; K paniculata misapplied) Leucaena leucocephala lead tree 11 N N, C, S Landoltia punctata (= Spirodela punctata) Spotted duckweed I1 N, C, S Limnophila sessiliflora Asian rnarshweed 11 P, U N, C, S Iivistona chinensis Chinese fan palm II C, S Melia azedarach Chinaberry II N, C, S Melinis minutiflora Molassesgrass II C'S Merremia tuberosa wood -rose II S Murraya paniailata orange jessamine II S Myriophylium spicaturn Eurasian water - milfoil 11 P N, C, S Panicum maximum (- Urorhioa maxima, Guinea grass 11 N, C, S Megathyrsus maximus) Passiflora biflora two- flowered passion vine II S Pennisetum setaceum green fountain grass 11 S Phoenix reclinata Senegal date palm II C, S Phyliostachys aurea golden bamboo I1 N, C Pittosporum pcntandrum Philippine pittosporum, Taiwanese cheesewood 1I S Pteris vittata Chinese brake fem II N, C, S Ptychospemia elegans solitaire palm II S Rhoeo spathacea (see Tradescantia spathacea) Ricinus communis castor bean II N, C, S Rotala rotunthfolta roundleaf toothcup, dwarf Rotala 11 S Sansevieria hyacinthoides bowstring henip II C, S �sbania punicea purple sesban, rattlebox II N, C, S Solanum diphyllum two -leaf nightshade II N, C, S Solarium jamaicense Jamaica nightshade II C Solarium torvum susumber, turkey berry II N, U N, C, S FLEPPC 2009 List of Invasive Plant Species — Fall 2009 Citation example: FLEPPC. 2009. List of Invasive Plant Species, Florida Exotic Pest Plant Council. Internet: http: / /www.fleppc.orgAist/list. firm or Wildland Weeds Vol. 12(4): 13 -16. Fall 2009. The 2009 list was pnepaed by the FLEPPC Plant List Committee: Keith A. Bradley — Chair (2006 - present), The Institute for Regional Conservation, 22601 SW 152nd Ave., Miami, FL 33170, (305) 247 -6547, bradley@regionalconservation.org Janice A. Duquesnel, Florida Park Service, Florida Department of Environmental Protection, P.O. Box 1052, lslamorada, FL 33036, (305) 664 -8455, Janice.DuquesneWdep.state.fl.us David W. Hall, Private Consulting Botanist, 3666 NW 130" Place, Gainesville, FL 32605, (352) 375 -1370 Roger L. Hammer, Miami -Dade Parks Department, Castellow Hammock Nature Center, 22301 S.W. 162n1 Ave., Miami, FL 33030, kaskazi44 @comcast.net Patricia L. Howell, Broward County Parks, Environmental Section, 950 NW 38th St., Oakland Park, FL 33309, (954) 357 -8137, phowell @broward.org Colette C. Jacono, Department of Agronomy, Center for Aquatic St Invasive Plants, IFAS, University of Florida, 7922 NW 711 St., Gainesville, FL 32653, (352) 392 -6894, colcttej@ufl.edu Kenneth A. Langeland, Center for Aquatic and Invasive Plants, IFAS, University of Florida, 7922 NW 71" St., Gainesville, FL 32606, (352) 392 -9614, gator8@ufl.cdu Chris Lockhart, Florida Natural Areas Inventory, do P.O. Box 243116, Boynton Beach, FL 33424 -3116, (850) 509 -6482, clockhart@fnai.org Gil Nelson, Gil Nelson Associates, 157 Leonards Dr., Thomasville, GA 31792, gil @gilnelson.com Robert W. Pemberton, Invasive Plants Research Lab, U.S. Dept. of Agriculture, 3225 College Ave., Ft. Lauderdale, FL 33312, Robert.Pemberton@ars.usda.gov Jimi L. Sadle, Everglades National Park, 40001 State Road 9336, Homestead, FL 33034, (305) 242 -7806, Jimi— Sadle@nps.gov Robert W. Simons, 1122 SW 111 Ave., Gainesville, FL 32601 -7816 Sandra M. Vardaman, Alachua County Forever Land Conservation Program, Alachua County Environmental Protection Dept., 201 SE 21 Ave., Suite 201, Gainesville, Florida 32601, (352) 264 -6803, smvardaman @alachuacountyus Daniel B. Ward, Department of Botany, University of Florida, 220 Bartram Hall, Gainesville, FL 32611 Richard P. Wunderlin, Institute for Systematic Botany, Dept. of Biological Sciences, University of South Florida, Tampa, FL 33620, (813) 974 -2359, rwunder@cas.usfedu FLEPPC Database — The Florida Exotic Pest Plant Database contains over 75,000 sight records of infestations of FLEPPC Category I and Category II species in Florida public lands and waters. 211 species are recorded. Nearly all of the records are from local, state, and federal parks and preserves; a few records document infestations in regularly disturbed public lands such as highways or utility rights -of -way. Natural area managers and other veteran observers of Florida's natural landscapes submit these records, with many supported further by voucher specimens housed in local or regional herbaria for future reference and verification. New and updated observations can be submitted online at www.eddmaps.org/flori- da/. This database, along with other plant -data resources such as the University of South Florida Atlas of Florida Vascular Plants at www.plantatlas.usf.edu, the Florida Natural Areas Inventory database at www.fnai.org, and The Institute for Regional Conservation Floristic Inventory of South Florida database at www.reg analconservation.org, provides important basic supporting information for the FLEPPC List of Invasive Plant Species. Images and/or distributional data of FLEPPC- listed species may be found at one or more of the following websites: University of South Florida Atlas of Florida Vascular Plants, www.plantatlu.usf.edu; the University of Florida Herbarium collection catalog, httpJAvww .flmnh.ufl.edu/herbariuni/cat/, and image gallery, http: /Avww.flmnh.ufl.edu/hirbariunVcat/ imagesearch.asp; at Fairchild Tropical Botanic Garden's Virtual Herbarium, www. virtualherbarium .org/vhportal.html, The Robert K. Godfrey Herbarium at Florida State University, http:// herbarium.bio.Esu.eduAtndex.php; the University of Florida's IFAS Center for Aquatic and Invasive Plants, http: //plants.ifas.ufl.edu, and the USDA PLANTS database, http: // plants.usda.gov /. Please note that greater success and accuracy in searching for plant images is likely if you search by scientific name rather than a common name. Common names often vary in cultivation and across regions. For additional information on plants included in this list, see related links and pages at www.fleppc.org. FLEPPC 2009 List of Invasive Plant Species — Fall 2009 FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist. Sphagneticola trilobata (= Wedelia tnlobaw) wedelia 11 N, C, S Stachytarpheta cayennenas (e S. urd4oha) nettle -leaf porterweed 11 S Syagrus romanzofFtana queen palm II C, S (= Arecastrum romanzofjtanum) Talipariti tiliaceum (= Hibiscus ttliaceus) mahoe, sea hibiscus I I C, S Terminalia catappa tropical- almond II C, S Terminalia muelleri Australian - almond II C, S Tradescantia spathacea oyster plant II S (= Rhoeo spathacea, Rhoeo discolor) Tribulus cistoides puncture vine, bun -nut ll N, C, S Urena lobate Caesar's weed II N, C, S Vitex trifolia simple -leaf chaste tree II C, S Washingtonia robusta Washington fan palm 11 C, S Wedelia (see Sphagneticola above) Wisteria sinensis Chinese wisteria 11 N, C Xanthosoma sagittifolium malanga, elephant ear Il N, C, S Citation example: FLEPPC. 2009. List of Invasive Plant Species, Florida Exotic Pest Plant Council. Internet: http: / /www.fleppc.orgAist/list. firm or Wildland Weeds Vol. 12(4): 13 -16. Fall 2009. The 2009 list was pnepaed by the FLEPPC Plant List Committee: Keith A. Bradley — Chair (2006 - present), The Institute for Regional Conservation, 22601 SW 152nd Ave., Miami, FL 33170, (305) 247 -6547, bradley@regionalconservation.org Janice A. Duquesnel, Florida Park Service, Florida Department of Environmental Protection, P.O. Box 1052, lslamorada, FL 33036, (305) 664 -8455, Janice.DuquesneWdep.state.fl.us David W. Hall, Private Consulting Botanist, 3666 NW 130" Place, Gainesville, FL 32605, (352) 375 -1370 Roger L. Hammer, Miami -Dade Parks Department, Castellow Hammock Nature Center, 22301 S.W. 162n1 Ave., Miami, FL 33030, kaskazi44 @comcast.net Patricia L. Howell, Broward County Parks, Environmental Section, 950 NW 38th St., Oakland Park, FL 33309, (954) 357 -8137, phowell @broward.org Colette C. Jacono, Department of Agronomy, Center for Aquatic St Invasive Plants, IFAS, University of Florida, 7922 NW 711 St., Gainesville, FL 32653, (352) 392 -6894, colcttej@ufl.edu Kenneth A. Langeland, Center for Aquatic and Invasive Plants, IFAS, University of Florida, 7922 NW 71" St., Gainesville, FL 32606, (352) 392 -9614, gator8@ufl.cdu Chris Lockhart, Florida Natural Areas Inventory, do P.O. Box 243116, Boynton Beach, FL 33424 -3116, (850) 509 -6482, clockhart@fnai.org Gil Nelson, Gil Nelson Associates, 157 Leonards Dr., Thomasville, GA 31792, gil @gilnelson.com Robert W. Pemberton, Invasive Plants Research Lab, U.S. Dept. of Agriculture, 3225 College Ave., Ft. Lauderdale, FL 33312, Robert.Pemberton@ars.usda.gov Jimi L. Sadle, Everglades National Park, 40001 State Road 9336, Homestead, FL 33034, (305) 242 -7806, Jimi— Sadle@nps.gov Robert W. Simons, 1122 SW 111 Ave., Gainesville, FL 32601 -7816 Sandra M. Vardaman, Alachua County Forever Land Conservation Program, Alachua County Environmental Protection Dept., 201 SE 21 Ave., Suite 201, Gainesville, Florida 32601, (352) 264 -6803, smvardaman @alachuacountyus Daniel B. Ward, Department of Botany, University of Florida, 220 Bartram Hall, Gainesville, FL 32611 Richard P. Wunderlin, Institute for Systematic Botany, Dept. of Biological Sciences, University of South Florida, Tampa, FL 33620, (813) 974 -2359, rwunder@cas.usfedu FLEPPC Database — The Florida Exotic Pest Plant Database contains over 75,000 sight records of infestations of FLEPPC Category I and Category II species in Florida public lands and waters. 211 species are recorded. Nearly all of the records are from local, state, and federal parks and preserves; a few records document infestations in regularly disturbed public lands such as highways or utility rights -of -way. Natural area managers and other veteran observers of Florida's natural landscapes submit these records, with many supported further by voucher specimens housed in local or regional herbaria for future reference and verification. New and updated observations can be submitted online at www.eddmaps.org/flori- da/. This database, along with other plant -data resources such as the University of South Florida Atlas of Florida Vascular Plants at www.plantatlas.usf.edu, the Florida Natural Areas Inventory database at www.fnai.org, and The Institute for Regional Conservation Floristic Inventory of South Florida database at www.reg analconservation.org, provides important basic supporting information for the FLEPPC List of Invasive Plant Species. Images and/or distributional data of FLEPPC- listed species may be found at one or more of the following websites: University of South Florida Atlas of Florida Vascular Plants, www.plantatlu.usf.edu; the University of Florida Herbarium collection catalog, httpJAvww .flmnh.ufl.edu/herbariuni/cat/, and image gallery, http: /Avww.flmnh.ufl.edu/hirbariunVcat/ imagesearch.asp; at Fairchild Tropical Botanic Garden's Virtual Herbarium, www. virtualherbarium .org/vhportal.html, The Robert K. Godfrey Herbarium at Florida State University, http:// herbarium.bio.Esu.eduAtndex.php; the University of Florida's IFAS Center for Aquatic and Invasive Plants, http: //plants.ifas.ufl.edu, and the USDA PLANTS database, http: // plants.usda.gov /. Please note that greater success and accuracy in searching for plant images is likely if you search by scientific name rather than a common name. Common names often vary in cultivation and across regions. For additional information on plants included in this list, see related links and pages at www.fleppc.org. FLEPPC 2009 List of Invasive Plant Species — 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 2086,882 THIS DOCUMENT HAS B-1-EN RECORDED IN THE PUBJC RECORDS OF INDIAN RIVER COUNTY FL 3K 2441 PG:582. Paget of 15 08!27/2010 at 1201 PM, JEFFREY K BARTON, GUERK 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 Eas 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 naLk — 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 '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 (2,930 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 ,,,..:+i„ir nF+i,u n.., n,.,.+ n...7 +l.o i7.... ,7..+._ .,1 ......L ..._L....... _.tea _�____t t____ _______ __� �_. .• .t. .. n.. ... . 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 parry, 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 lease, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional ,ars, 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 permittmodified 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. INDEMNIFICATIONMTVESTIGATION 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 Ligation 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 `hereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy 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 nrPm;cae ehAl ha enhiPrt to ;nmpi -tinn by tha T naenr nr ;to dne ;nnotp`i onp,.t t —, t;-- 17. NON- DISCRUAINATION: 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. I8. 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 lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the " essee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. Abe 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 =e determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent ?arian 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 essee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the zonstruction 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. COMPLL4NCE 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 structure 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 ;ase 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 .l t .............. «..� ..l...s.«...a...7 i... ........�..s:n« .... ..a..- ...r...«... 'T'L... «...«i.,.r ti.«.. ...:.7 «- .......7.. -.. C ... «..a,.il..s:..« ,.F ♦t,.,,,. ,......__ _L_lt r STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST. FUND OF THE STATE OF FLORIDA (SEAL) BY: JeWVJX Gentry, bperaihonsar�d Manage eat 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 I in day of Internal Improvement Trust Fund of the State of Florida. He is APPRO D AS T RM EG TTY: DEP Atl&ey 1j C►ri ' a i Sall A. Maio, City Clerk yped/Printed Name of Witnes obert A. Ginsburg Original Signature Typed/Printed Name of Witness STATE OF Florida ,OUNTY OF Indian River "LESSOR" of Florida 2010 by y,Rr Printed, Typed or aV vl-� atf by C - or Florida � my roo mmisslon 00727692 My Commission WO/2o,, Commission/Serial No. CiV of Sebasti Florida SEAL BY: Original gnature of tkecuting 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 &W Gt , 20 10 , by Richard H. Gillmor as Mayor, for and on behalf of the Cily of Sebastian. Florida. He is personally known to me pr rrho4m predeeed as-identfieafiea. Boundary Survey for S'ubinerged Land Lease at Dabrowski Marina Indian .Diver County, Florida Nnf V"N'f lU ill'I "i a it .i %anfc N WCIO o r', LU TOWX 0JEC ' L0CATI0.1V�. n. e�ennena��uNn�a¢v 118. _ !In 2+ AM.,. U O C R 1FIED TO: STATE OF F�ORIDA n ' BOARD OF 7RUSTE€5 RNAL M .. �. f U THE INTE ..: •4 1 Drawn by: th'ecked by File name Date.:= ` tNtS i1 t.'Ofawing Name Sheet 1o, j`' 7 (1G VMT 6483 ;6/0,4/ Qty ; 6483.DWG IYlas(ihfer jVo, Reed .& -Ta Tay, Ir e. ; Tai °�' • s'£ ' ►a � ,aE0 0 � � y � - :'� <tH ' �G�rr94�`aiusi�o 'sE>ai.`oF .� - o 'on PROFMNON�fL SIlRl/EYORS�ND11filPPERS � S d F t�bPiU) t '; `. / Z' Y".S`C& FEW ya a lS ?VESS#�644 61, - 1655 27th Street, Suite 2 Vero Beach, Florida 32960 z ,=' "` >'° " •. �' "'� " • , Phone: (772) 56478050 fax: (772) 794 -0647 UAV1Djj p�_ ..`5�' Boundary Survey. for Submerged Land Lease at DaGrowski Marina Indian Jiver County, Florida Not Valid Without -All Sheets LEGENO 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 SOU TH E EAST w WEST P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING NAVO NORTH AMERICAN VERTICAL DATUM LB LICENSED BUSINESS FDEP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION P8 PLAT BOOK PG PAGE SQ. FT. SQUARE FEET LEGAL DESCRIPTION FOR SU MERGEQLEASE . REA A PARCEL OF LAND LYING IN SECTION 6, TOWMSHIP 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 THE SOUTH LINE OF MIDDECTON'S SUBDIVISION PER PLAT BOOK 1, PAGE 56 PUBUC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE S88'17'26 7E ALONG 7HE 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 THE FOLLOWNG CALLS, THENCE N0750'15 "E, 32.54 FEET THENCE N1356'13 "W, • 15.89 FEET, THENCE NO2'14'55 "E, 42.86 FEET; THENCE N2154'42 "E; 14.69 FEET TO THE POINT OF BEGINNING, THENCE - CON77NUING ALONG.SAID MEAN HIGH WATER N2831'48 "W,- 13.04 FEET,• THENCE LEAVING SAID MEAN HIGH WATER N69104'47 "E, 32.41 FEET. 774ENCE N21'19'47 "W, 120.07 FEET; THENCE N- 645924 "E, 122.46 FEET; THENCE N6737'58 "E, 31.12 FEET, THENCE S21'11'23 E, 43.03 FEET; THENCE S22Z76'09 "E 47.14 FEET THENCE S2339'34 E, 43.70 FEET;_ THENCE S6641'41 "W, 77.52 FI=ET; THENCE S25'05'08 "E, 2.35 FEET; THENCE S67 5324 "W, 22.27 FEET; THENCE S2413554 7E, 3.63 FEET; THENCE S67755722-W, 87.00 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 0.48 ACRES (20854.71 SQ. FT.) MORE OR LESS. Sheet 2 0 7 . frawn by: Checked by - File name • Da,��� o;`: ; ", :'cola j 9 Ewing Name J CJG Dh1T 6483 ;6I.U?�tt 0 -�s , 'MkE ..,4.83.DWG �`:�NU I. VA�+JU; m m04'1 Ti y �Ylaste er; a er, end Taylor, �a� E- TIG,1_ A 1 PRQFFf fION.4i sllRYh'PORS�INI? rtLstPP RS . .0 IdiUU 1f^5 6Y 4' ' Z�c�...a�i,�' . 6,A •� •' +� }' 1655 27th Street, Suite 2 Vero Beach, .Florida 32960 Phone: (772) 564 -8050 Fox., (772) 794 -0647 _'" DA '1TA" Boundary Survey for Submerged Land Lease 'at Dabrowski Marina Indian River- County, Florida Not Valid Without All Sheets E&MT OF SURWY • 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 LB. 4644 1655 27TH STREET, SUITE 1, VERO BEACH, FLORIDA 32960 PHONE (771) 554 -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 NEU77VE DISTANCE ACCURACY FOR THIS TYPE OF.BOUNOARY CONTROL SURVEY IS 1 FOOT IN 7500 FEET: THE ACCURACY OBTAINED BY MEASUREMENT AND CALCULATION OF A CLOSED GEOMETRIC FIGURE OR REDUNDANCY OF MEASUREMENT WAS FOUND TO MEET OR EXCEED 71415 REQUIREMENT. • HORIZONTAL FEATURE ACCURACY: 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. • 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 • ELEVA17ONS 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 ACQUISI17ON WAS OBTAINED DURING THE FOLLOWING 17ME FRAME OR DATE: 5/10 THE BEARING BASE FOR THIS SURVEY IS AS FOLLOWS: A) ASSUMED B) 774E EAST RIGHT —OF —WAY LINE OF INDIAN RIVER DRIVE AS DEPICTED. C) 774E LINE BEARS S00 -2539 E THE ELEVATIONS AS SHOWN ON THIS SURVEY ARE BASED ON THE NORTH AMERICAN VERTCIAL DATUM OF 1988. • NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS —OF —WAY AND /OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED. •THIS SURVEY DOES NOT CERTJFY TO THE EXISTENCE OR LOCATION OF ANY FOUNDATIONS, UTILITIES, UNDERGROUND ENCROACHMENTS OR IMPROVEMENTS EXCEPT AS SHOWN. • UNLESS A COMPARISON IS SHOWN, PLAT VALUES do MEASURED VALUES ARE THE SAME. . ALL MEASUREMENTS ARE IN FEET AND DECIMAL PARTS - THEREOF AND ARE IN ACCORDANCE W11H THE STANDARDS OF THE UNITED STATES *THE HORIZONTAL VALUES SHOWN HEREON REFER TO THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE. NAD B3 (NGS AOJUSTMENT OF 1990) ESTABLISHED USING RTK OBSERVATIONS. • THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1 --(AS -NOTED) OR SMALLER. Sheet 3 of 7 Drawn by: Checked by File name Date'''.,: " Sd !-e=- - •flraw,�ng Name J C1G, DMT 6483 6/,Q4.JQ_ :t� ts!A�3.OWG Afasieller 1Ytoler' Reed 7a. lvr' Inc. "° Y "A „', , ®� THE' I „URE' 1° • P. ROF& f 'SfON�1LSURYh'PORS�tNIlM.�PP�RS - :u�N.S�q'� '� • k4 t� y ,�..; Y L. 4hDSU1ti�EI7NGBll•SJNES,S#�6�sr �j ' °• 1655 27th Street. Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fox: (772) 794 -0647 T).,Vlt '. OTC' . ,Ss�:_243 Boundary Survey for Submerged Laud Lease at Dabrowsl i Marina I d' 17' C For'd I n ca S r ue ourity, n S a Not Valid Without All Sheets SiffTCH0FLF'4SF'4"- '4joEs - PT FOUND • 4X4 .,4NI1 P IREJVT.PRO. PERM T1DET.4I� CONCRETE MONUMENT st FOUND NAIL & DISK LS 4644 `0 IRON ROD FOUND 3'Xr CONCRETE MONUMEN \ 0. - Sa7M UvE 0� rn60iERrIAIT f : mob-+ LEASE AREA r P. C ` FFOUND AII &' \ 20854.71 SQ FT o ea 0.48 ACRES xat"MY wn or INVM -+r L11 orartar tfLI arts W PAST L2 LID sosq n WI9 =M OF um_ a L12 NOS, y Llet 4'3 WM IM WAIM LAW P.O. 1268133.2 827434.7 gtiP pR�PN ?3 a Jr sari" 0 L F .as f"W ass ST Pp Ft L PCt bS IYDLW A1ER J ` \ W 261E 11644 FL7UN0 314' IRON PSPE SET IRON ROD - NO• toENDFICATION CAP I6 464 0 100' 200' \ V Sheet 4 of 7 UG Drawn by:. Checked by DMT aStLeller, lflaler, Reed & Taylar; IrrG PROFESYTOAr4E SSURIY.EFORS4AD Af4PPE" ZX" SURY.SYI yG.N"IIN.�'SS "d4y 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 -0647 Tt P-- Parcel Line Table LM / unus Drseikn U4 3254. N07S0 t -E Lt5 taaq N1338'13"W LL6 428e NO2'14%5T U7 KO 14115414Z'E U6 L41 32"I'48T LW 14.62 S12'J6 OOIC L21 MM SJ17g09'E L22 1,179 SJ6D2'33i LU3 1190 S2J74'1e'E L25 9.43 Se334 47 E Parcel Line Table Lhi / Gngth DkwUm Lt 1.104 N2691 4e'W L2 3241 t469w478 L3 12ao7 N2119'4TW L4 12246 M641M24E L5 31.12 "rirst'E L6 4403 S217t'2,)'E U 47,14 52206bii Le 4170 52379341 L9 77.52 586414t"W U0•, z,17 S25usGe'E LN- .. �• 7' CSf73.124W 22 G 52436'54 :wlWd`.'` '• blit 7W'22'W File name : Date--.A&% 1'$ 41 -,_i 6483 6704 0 1.0' � 4.. rte, r • . CO, 7Name t {D'�A�'•Y; �� GRY SHORELINE OF SUBJECT PROPERTY -205'± 36'1. NATURAL 187. 169'-+ HEADWALL 62% SHORELINE SOUTH 1351 ROCKS 1279 947'± NATURAL 887. SHORELINE NORTH 421'.± NATURAL 39% 2387--k SEAWALL 22% 429WM�- - �.- VETMENT 39% 'Sheet 5 of 7 Boundary Sur'vey for Submerged Land Lease at Dabro*ski Marina Indian River County, Florida Not Valid Without All Sheets LEASE AREA Tr PROPERTr V� .10 ,awn by: IChecked by - File name CJG I DMT . 6 83 ffiqs1ellkl- .,- Reed & 7q-y,(a1.-, IW4 FROFF.SSIOiV,4L,VVEf-'E,VORX.4""PERS AZA M SUR PETIMG � 8 "WYESS ffff4W 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564-8050 Fax: (772) 794-0647 )rawigg Name ij, 5 WG 'W4*N - 1GfN I WA N N A Boundary ,Survey for ,Submerged Land Lease at Aabrowski farina Indian River County, Florida Not Valid Without All Sheets SKETCIf 0,FE�S'TING IMPROVEME -jVTS IYITHINL.E�IS.E,4R��t - ' �.+ 1YV,0 CIP-L IXO- StrgUCTIIIZL'PEEIII � SEE r FOR SDETAIL p WLLNGS, ONtT Q STONE DMVE Imo', a (Nor *ELL ocmm) n :® ® 2 9p OLqLDWG NO STRECRI S *F MN too ' OF SOVTN LINE Or LEASE AREA `0 J' . lNp'f 1V v4� UDW NGN MA MR LW 'WA1%- -0.71' NAYD 88) �PErrRr TW FA I& LEflEF DATED 5/13/7010 AND LOCATED 66/13/2010 0 80' 160' Sheet 6 0f % Drawn by: Checked by File name Date1 t BFdtiilig Name J CJG . DMT 6483 1 61041Z ,54 31- M 1Yfarfeller; lifoler; Reed 4& Taylor, Inc. PROFE"10NW SURYEYOREf'.YNDfil.,:IPPEPS LAIM0 SURPE.YIN67 BU,S'INESS#464V 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -6050 Fax: (772) 794 -0647 . NOT THE Boundary Survey for Submerged Land Lease at Dabrowski Marina ,Indian River County, Florida Not Valid Without All Sfteets _ .D'ET -IL OFEW T"67 INTROVEMENTS INLB�sLi'E�sIRE�! BOA T SLIP 5 BOAT SLIP 4 BOAT SUP'7 r eoAr SLIP 6 BOAT SLIP 8 T SLIP 3 (000 AL % (rrr�c) nc fi LEASE AREA BOAT SUP 2 4 BOAT SUP \7 BOAT SLIP ® 13 a' 12 BOAT SLIP I 14 BOAT SUP ° _ 1 i BOAT SUP (i( A�iloG"n- UNE ea) 0 30' 60' ' t3E]R THE F.0 EP. [ETTETT DATW 31131 -MO AW s4 LOCATED 5/13/2010 Sheet Of Drawn by: Checked by Fite name ... j `4) ii = . Stale >.: = (3�awingName rJlZeet C1G DMT 6483 G U; X20 [ 0' �; ``�'= 6"3;0. WG 1�2astefle Soler• 1f�eed Taylor, .Inc. J 1 y 1 "�Ts'''iA�,�E�:AN THE--.' _ . IdWk' . . SU of PROFES .fTONIf.C. VON fxPORS 4"AWPERS LICENSED. v Y D MAOI?i`li.= 1vr. L4"SURYEZW67N Y, 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (7721 564 -8050 Fax: (7721 794 --0647 04W IF AYl.UR..P :L 5243 This Intrrnmeat Prepared Ih' and Please Return To: A".;. Cover . San 'os Ca'Po+aion 3312 Wen iimhsngh A.cmoe Tampa, AoriM 31613 AGS 1 22482 TRUST'EE'S DEED THIS 01) TURE, made this day of Jane, A.D. 2010, between HERBERT V. MORRISO, \, SUCCESSOR TRUSTEE OF THE HENRY J DABROWMU IRREVOCABLE TRUST UNDER REVOCABLE LrV 9G TRCiST AGREEM- LNT DATED JULY 17, 2007, whose address is 28826 Ramblewood Drive, Farmington Hills, MI 48334 -1750, Glamor, and CITY OF SEBASTWN, a mtusteipal#ty widdia Indian River County, Florida, wt ose mauling address is 1225 Main Street, Sebastian, Florida 32958, Grantee, (Wherwcr used herdn the terms "Grantor" and "grantee" ;ndude all the parties to this instrument a»d their hoar, kgst repraeumtivcs, successors and essStm "'Grantor" end "Fanne are used tar s;uguiar and plural, as the context requim and the use of aar trader shall lactude all gcndere) 2077483 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK 2431 PG:1266, Paget of 2 0711 2f201 0 at 11:53 AM, D DOCTAX PD $5250.00 JEFFREY K BARTON. CLERK OF COURT 11•MESSETH: That the said:Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to said Grmuor in band paid by said Grantee, the receipt whereof is hereby ,ry ^�iedged, does'hereby remise, release and •quit-claim unto the said Grantee forever, all ri_*, title, interest, claim and demand which the -'Mid Grantor has in and to the following described land siruate, tyro,g and being in Indian River County, Florida, to-wir See Exhibit "A" attached hereto and by reference made s part hereof. By acceptance of this Trustee's Deed, the Gratuee hereby agrees that the tise of the Property described herein shall be subject to the covenants and restrictions as set forth in the Declaration of Reatriedve Covenants recorded in the Public Records of Indian River County, Florida. These covenarxs and restrictions shall rant with the Property herein described. If any term or condition of the Declaratioa of Restrictive Covenants is violated by the Grantee or by some third party -ith the knowledge of the Grantee and the Grantee tines not corrna the violation pursuant to the Declamdon of Restrictive Covenants, fee simple tick 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 390, Part III, Florida Statures TO RAVE AND TO BOLD the same together with all and singular the appurtenances hhereento belonging or in anywise appertaining and W1 the estate. right, title, interest, lien, equity and claim whatsoever of the said Grantor either in law or equity, to the only proper tie, benefit and bchoof of the said Grantee forever. THIS DEM is executed puesuent to and in exercise of the power and authority gamed to and vested in said Trustee by the terms of said deeds or deeds in trust delivered to said Trustee in pursuance of the Truest Agreement above memioned- This deed is made subject to taxes and assessments for the year 2010 and yeas 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 rot die homestead property of the Grantor(s), not contiguous to homestead property, as such homestead is defined under Florida law. Ltd NNTRNFSS WHEREOF the Grantor has hereunto set Grantor's hand end seat, the day and year first above written Signed, sealed and delivered in the p (Si mre Sri Witness) CSrz AX -6r4 L typed orstamped name of t w tmcm) (SgTatare ofs itness) LltJr�a � •'ii5��•. tinted, typed or s' tamped Heine of second witness) Herbert V. _lorrison, Successor Trustee of the Hem i J. Dabrowsld Irrevocable Trust Under Revocable Living Trust Agreement dated Jmly 17, 2067 STATE OF 1t't CF114rAN COUs'hi 1'Y OF F— Thtlfgrtgo4irimrument was ac mo%iedged before me this -Ak day of UiU'1 lf— 2010, by Herbert V. Morrison, {{�cce; Ostge of the Henry J. Dabronsld Irrevocable Trust Under Revocable Living Trust Agreement dated July 17t L PSI (i lomry Public must check applicable box): h r is salty kJ10Wn 9;ld . tl a el'frent iieeRSe. Afro dnced as identi tioa • otary Public - State n 'gaa £- x(13' (30&Qz OWE (IF ta (Printed, Typed or Stamped Name of Notary Pub6 CvtlfillYOFUIri{1 'E� Ni Y i•,`;.'. Comru scion No.: I StaX;Ai My Commission Evict: %; ,.. , :� -v iTttir: 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 MIDDL' ETON'S SUBDIVISION AND THE EAST RIGHT -0F -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 *41'3T ALONG THE EAST RIGHT -0F -WAY UNE 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. Attachment 4 — Deed for Hurricane Harbor Submerged Lands .Q#,., .., . `esters of tiir :c�I��tI:sl��mflra�usrut �ltlta RonK 48 0AA5U OFF1CiAL REOQRD of foe 'Smut, of C'tIaribs DEED No 21893 W -31) KNOW Aa MEN BY THESE PRESENns That the uadftaigned the Trustees of the internal Im. Provemeat Fkmd of the State of Florida, tmdv au:ht city of law, for and in ooarideratdon of the emm of On.* Aundred_ Twenty and 00/100 DOLLARS, to them is hand geld by Gharles R,__3tetlley_ and _FZQag�t }3. l3eealpy at the Cavity at Indian River _ . 81ato <i F19r1 _ _—, have panted. bargained and aotd. and do by tbm preeeate grant, ba,vais, W1 and convey, unto ttkeud_Ciiarig R, Beesley_ and Robert B. Beesley .__..- ....,... __.._ d_ they p _l�rs and anipa" the following descn-ed lends, to-wit: A parcel of submerged land in the Indian River in Section 31, Township 30 South, Range 39 F.e.s °,, I -Adian River County, more particularly described as follows: From the point of Interseetior.,of the south line of Government Lot 2 of said Section 31 and tze Fleming Grant Line run North 8g° 40' 50" East alon5 the Bali] south line of Government Lot 2, a distance of 787.o5 feet, more or leas, to the mean high water alark on the west bank of the Indian River for the. P.O.B.; thence North 700 45' East a distance of 145.0 feet; thence North 190 15' Hest, a distance of 165.0 feet; thence South 70° 45' heat, a distance or 13,1.0 feet, more or leas, to the mean high water mark of the Indian River; thence southeasterly along said mean high water marl., a distance of 165.0 feet, more or less, to the P.O.B., Containing 0.53", _.�-- 1LCi0i. mtfl/! tK kax, and tying and being in the County of _ �indian Ri-rer in paid State of Plaride. To HAVE AND TO HOLD the alma granted and deiafbsd Prewfaw fongver. SAVING AND RF.BitfiMG unto the said Trudees of the Internal Impro"raeat Fund of the st ate of Flame, and their suoomars, title to an undivided tbres- foorthe of all phosphate, mimesis and cwtolo . and title to an' undivided one-half of all Petroleum that viw be in, on or under the above deo=bed land, with the Peep to mix and develop the tame. OTHER RESERVATIONS: None .' IN TES'T'IMONY WiMMP, the said Tnutees have hereunto subecribed their names and affixed -,- their wl and bays wooed the wal of THE DBIPAM%[E i'T OF AGRICtMIVRE OF THE STATE OF FLORIDA to be benwroto atQrpd, at the Capital, in tlm City of T#lttb+laaee, on thin r 5 -yh� day of Be ember A. D. N'usat ea Handed as — — ) (M�A'i.) TltilAL M L L FUND Attetr»r C�nt+nt i_j t. DEgA Jo RTbl OF AGRICULTURE "at� kaar • w d tT]lU8 . ass OF Tlt}L 3N VWIENT FUND OY .THB S'CATR RIDA CHAIN SHEET Fund File Number: 32 -2009 -1046 Provided For: Brinkley Morgan Solomon Tatum Effective Dates: From September 17, 1953 at 11:00 PM To November 16, 2009 at 11:00 PM Agent's File Reference: 014151 -09001 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 performed on parties acquiring an interest within the time period covered by this search. Parties acquiring interests prior to the beginning date of this search and continuing in said interest after the beginning date of this search, have been searched from the beginning date. The information provided herein does not include a search of federal liens and judgment liens filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those uiterests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to See. 55.20.7, 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. Attorneys' Title Fund Services, LLC Prepared by: Frances D. Bold, Senior Examiner Phone Number. 1- 800 -637 -0767 ext. 5213 Rev. 07109 Page 1 of 3 CHAIN SHEET Fund File Number: 32- 2009 -1046 I. Book and Page: OR 48/502 TOI. Deed DOF. 09/17/1953 First Party: Trustees of the Internal Improvement Fund of the State of Florida Second Party: Charles R. Beesley and Robert E. Beesley 2. Book and Page OR 274/246 TOI. WD DOF. 01/09/1968 First Party: Robert E. Beesley Second Parry: John C. Palmer 3. Book and Page: OR 332/48 TOT WD First Party: John C. Palmer and Elizabeth T. Palmer Second Party: Inlet Bay Seafood, Inc. 4. Book and Page OR 492/280 TOI.- QCD First Party: Robert E. Beesley Second Parry: 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: OR 492/283 TOI. QCD First Party: Charles A. Veltman and Mary Veltman Second Party: Inlet Bay Seafood, Inc. 7. Book and Page: OR 673/1835 TOI: WD First Party: Inlet Bay Seafood, Inc. Second Party: 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 Pager OR 2018/754 TOI. 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 First Party: Second Party: Advanced Electrical Systerns, Inc. I0. Book and Page: OR 2306/2467 TOI. CT First Party: Second Party: Sebastian Harbour, LTD. and Dancu Holding, Inc. Page 2 of 3 DOF. 02/19/2008 DOF. 12/04/2008 Fund File Number. 32 -2009 -1046 CHAIN SHEET EXHIBIT A FROM A POINT OF BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF GOVERNMENT LOT 2, OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND THE MEAN HIGH WATER MARK OF THE WEST BANK OF INDIAN RIVER, RUN WEST ALONG SAID SOUTH LINE OF GOVERNMENTAL LOT 2, A DISTANCE OF 80.05 FEET, MORE OR LESS, TO THE EAST RIGHT -OF -WAY OF OLD U.S. HIGHWAY NO. 1, SAID RIGHT -OF -WAY BEING 66 FEET; THENCE RUN NORTH 25 "22''WEST ALONG SAID EAST RIGHT -OF -WAY LINE A DISTANCE OF 71.45 FEET; THEN RUN EAST, PARALLEL TO THE SOUTH LINE OF SAID GOVERNMENTAL LOT 2, A DISTANCE OF 94.89 FEET, THENCE RUN NORTH 70 °45' EAST A DISTANCE OF 132.03 FEET TO THE ESTABLISHED BULKHEAD LINE; THENCE RUN SOUTH 25 °22' EAST ALONG SAID BULKHEAD LINE A DISTANCE OF 66.43 FEET; THENCE RUN SOUTH 70 045" 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 C O 7 i ❑❑ m I �. M -< m m t _ c c c M ' CO) a m m � 2 C == m 0 a o ; c � i� :05 Mc mzM ii !i on X � It 0 mr R !I !l it i� _ 1! I ( ii ( I a CO) m i O t r m m® 0 4 o 09 i r0 , ar CO) 1 3 � 0 1 0 A M m 0 m 0 m J O�® V` f - N ,. � r Ova(, i �J ♦i I I I wn C I� X M n x M z M M ^m g N. oo� E*rCD I 3 CD rj f I fI � e p i t T M � M Cir .: M ' i came z L CD +` 0 r p, p M CO) > � i� mzM ii !i on X pm It 0 ii m R !I !l it i� _ 1! I ( ii ( I C I� X M n x M z M M ^m g N. oo� E*rCD I 3 CD rj f fI e Z� i 1 o M i p VIE M T M O� o Cir .: came =cnm CD L_ 0 > ou p, p CO) > I m w z > mzM X pm R _ cc M -� c om �a M Mx CD v� X ^m 0 a CD F F+ I 2 '0 CD �. f� o� c G Cir .: _ AW ,o �v 3 0 a CD F F+ I 2 '0 CD �. f� o� c G �± T IllC r m Lm W xal m r v D I0 N -n m PP m m Ln D ? o Z N �$Z >R� m a� •�a�5 e t: y r„ a I 1 _771 ` C7 7.1 i 1 ... J fl t. J I r/ I r 71 L_�J /. 1 Lam_ Sol'`' .. - . :• : I X71. - -1 ° It Y r y A ' F c• " - •' �.�A ~ °�� r � e a �\ `• a 5�, • � .: • • �a ..� „ • �`, . • 3 to W CD CD 90 0 V N CL 3 V CD 3 Fri BY ELECTRONIC MAIL nk@euro60.com Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803 -3767 Sebastian Harbour Ltd and Condor Enterprises of Palm Beach Inc. and Dancu Holding Inc. c/o Norbert Kreyer 16 NE 4n' 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 unarne cnst 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, CGC Kris Tullock Central District Rebecca Grohall, City of Sebastian, (rUohall @cityofsebastian.or ) Eugene Popow, (crystaltreeftellsouth.net) a w 0 0 L N L .N r m J m c� a 0 U BY CERTHUD MAIL . 91,7108 2133 3936 6376 8770 Henry J. Dabrowski Irrevocable Trust UTA July 17, 2007 c/o Hubert V. Morrison FBO Henry J. Dabrowski Trust 28826 Ramblewood Dr. Farmington Hills, MI 48334 Florida Department of Charlie Governor 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 -0,128 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, x2245, at the letterhead address, or at Sirena.Davila @dep.state.fi.us. 'lank you for your cooperation in resolving this matter. AW /sd /df Enclosure Sincerely, An atkins Submerged Lands and Environmental Resources Permitting Date. cc: Steve Gutman (sgutman@bodmanllp.com) Rebecca Grohall, Growth Management Director, City of Sebastian (rgrohaU@dtyofsebastian.org) Kristine Jones, OGC Lea Crandall, Agency Clerk Kris Tulloch, DEP FCT Contract Number 07 -CT- 61- 06 -F8-AI -W4 FLORIDA COMMUNITIES TRUST 09-003-WW1 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 ( "FC r'), 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 ofthe 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 noh- 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, (2.50/6), 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 poses; 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; 09-003-wwi April 1S; 2009 SMWW - 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 )UH 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 Apra 15, 2009 SMWW - GC —2- . original document. Upon receipt of the signed Agreements, FCT shall execute the Agreements, retain one origi, al.cppy and: eturn .all o#he cc>p es.that have heen 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. 08- 003 -WWI Apa is, 2009 SMWW - GC -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 ofthe 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 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: 09403 -W WIL Aprll 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: (772,3388-8228 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 08403-WWI April 15, 2009 SMWW - GC . ...5 -. ... . 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 maybe requested by FCT to provide Reasonable Assurance, as set forth in paragraph V11.4. 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 084W-WW1 April 15, 2009 SMWW - Ge -6- 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,,M X and XI herein. The li cipieu�i is strQUgly ::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 transactions) 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, 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, April 15, 2009 SMWW - GC . -7- FCT will require the Recipient to establish a management endowment in an amount sufficient to ensure :performances 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.: 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. 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. "3-WWI AprO 15, 2009 SMWW - GC -8- 5. Annually the Recipient will provide a letter from the Department of Environmental Protection:stat ng the =Recipient is in compliance, with. Chapters 253, 258, 373 P= =art 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 384, 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 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 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 08-003-WWI Apn71S, 2009 SMWW - GC -9* . 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(4)(e), 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 worlang 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 Pro ject Site. M. 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 fimding 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 09403 -ww1 Apra 1S, 2009 r i tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a- certainextent based on guidelines or tests outlined -in 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 0503 -wwn Apt 15, 2009 sMWW - GC -11- 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(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 2l 5.97, 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). 0&003 -WWI AFH 15, 2009 . SMWW - GC 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 S. 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. 3UH. 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 ofthe 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 08-)03 -WWI Apr0 is, 2009 ..3Mww- sc -13- k 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 suehremedies, and without becoming liab3e to make any fin-ther 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 V2. 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 awritten os-oo3 -WW1 Apra 15, 2009 SMWW -, GC ..... ... -14- 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, Fla.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(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. 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 further or subsequent default by the Recipient. Any power of approval or disapproval 08-003-WWI AWD is, 2M SMWW - Gc -15- granted to FCT under the terms of this Agreement shall survive the terms and life of this Agreement as a wrhole _ _ 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 y4MREOF, the parties hereto have duly executed this Grant Contract. CITY ASTIAN FLORIDA TIES TRUST By: By: t !2_!t10!j l Mirmer Ken Reecy Title i Manager - Comm Pro g Manager Date: Da te: S Approv rm d ty: Approved as to orm and Legality: By: By: Print N e: ttobert A. Ginsburg Kristen L. Coons, Trust Counsel ATTEST: _ Sally A. May, MMC - City Clerk 08- 003 -WWI ApA 15, 2009 SN" - GC -16+. • s Contract No.fi%,CT R -0&F9 ,41 -W X FCT Project No- 08= 003 -WW l 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) Pursuantto Rule 9K- 10.002(8), F.A.C., the tern "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 -WWI, 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. 08-0x3 -WWI 4115/2099 - - 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. Gillmor Vice Mayor Jim Hill Cameil Member Andrea Coy Camcil Member Dale SimaWk Council Member Eugene Wolff Al Mincer, City Manager Rebecca Groball, Grnwth Mgmt. Dir. Robert Ginsburg, City Attorney Sally.A. Maio, City Clerk Date: 12 ql o9 Approv to form and legality: By: Robert A. Ginsburg Title: City Attorney ATTEST Sally A. Ma , MMC - City Clerk N os- cos -wwi 4/158009 Signature FLORIDA COMMUNITIES TRUST By: Ken Reecy Community Program Manager Date: 5-i'01 Approved as to form and legality: 0'1 By: Kristen L. Coons Title: Trust Counsel FCT Contract Number Ci- EI - 08- FB-RI -y03 FLORIDA COMMUNITIES TRUST WWI Award Number 08- 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 ,4L* day of #7 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 tune 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-.--- 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: A] MVner Ken Reecy City Mana e n , Community Program Manager Date: KJ(l / n Date: —-" H 11) Approved as to Form and Legality: By: Gl Robert A. Ginsburg 08-003-WWI April 15, 2010 GCAMD.1 2 Approve?d'jawto Form and Legality: By: Kristen L. Coons, Trust Counsel 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. it's 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: DATE Charles W. Sembler II President Fisherman's Landing Sebastian, Inc. DATE1 It Susan Andrews President Indian River Seafood, Inc., dba Crab E. Bill's, Inc. 7: i� 3 { 7 1 U Z_ LL JZLL m3:, Wom o0m< �N� U �J V t Wrl-m 0 flil i(1 r +l O 8 3A 2 a .r x N N O 1 rf7 a O O I Exhibit D For Lease Between City of Sebastian and Fisherman's Landing Sebastian, Inc. 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 100 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. 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 2086882 THIS DOCUMENT HAS B-=EN RECORDED IN THE PLJB: -IC RECORDS OF INDIAN RIVER COUNTY FL 3K: 2441 PG:582, Pagel of 15 08/27/2010 at 12:01 PM. JEFFREY K BARTON, C;L; =RK OF COURT BOARD OF TRUSTEES OF THE INTERNAL RAPROVEM ENT TRUST FUND OF THE STATE OF FLORIDA BOT FILE NO.: 310006484 PA NO.: SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL MODIFICATION TO INCREASE SQUARE FOOTAGE AND REFLECT CHANGE IN OWNERSHIP 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 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 dockin>s 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 `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 2 930 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 flee 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 1/o) 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 renterluser/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 authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional cars, 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, 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 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 tigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. 13. NOTICES /COMPLLkNCE/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 'ereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy ,v 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 17. NON- DISCRINIINATION: 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 lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the ,essee 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 ri parian 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. ANIENDMENTS/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 ,essee 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 structure 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 STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST. FUND OF TBE STATE OF FLORIDA (SEAL) BY: 7e Ge tions and ManageiAent 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 I q,0 day of Internal Improvement Trust Fund of the State of Florida. He is APPRO D AS T RM AN EGA>;ITY: DEP Atl&aey Ori ' a i ure Sall A. Maio, City Clerk fN6d/Printed Name of Original Signature Q 0 +'"— Typed/Printed Name of Witness -,TATE OF Florida COUNTY OF Indian River A. Ginsburg "LESSOR" of Florida 20 10 , by `pRY )L Printed, Typed or ali by C , stet* of FlOrida M Griffin �j� noFN PCommisaipn /)/)727692 My Commission Ex mea t0/30/2Oil Commission/Serial City of Sebastiam Florida SEAL BY: Original gnature of Vxecuting 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 pr wh&has produeed aEk-idenfifiea6ea. Boundary Survey for Submerged Land Lease at Dabeowski Marina Indian River County, Florida 1A i'07 e astian C) f IN CERTIFIED TO: STATE OF FLORIDA lr BOARD OF TRUSTEE51WN..' THE INTERNAL IMP .. &�W-.'JtNo Tirr Sheet T_qf 7 -4- File name Dafe 6483 .1,-.6/44/ �:'Ofawing Name 6483.DWG e jfo(e Reid X Ta 49j C 'a ,(el l y !eL 4 A DR®JE C-P. OCATIOM 1655 27th Str6e't, Suit ' e 2 Vero Beach, Florida 32960 n - (772) 564 Pho e: —8050 Fax: (772) 794-0647 sa M ov i.o-r -M � M 0 J'M— MA M9 il '102 LOT 6 " 100- ki I LW 10 ' 1` 410- 10"00, i WIN MIN PrUMeasla- i-W M11 C3 CERTIFIED TO: STATE OF FLORIDA lr BOARD OF TRUSTEE51WN..' THE INTERNAL IMP .. &�W-.'JtNo Sheet T_qf 7 Drawn by: Checked by CJG DMT File name Dafe 6483 .1,-.6/44/ �:'Ofawing Name 6483.DWG e jfo(e Reid X Ta 49j C 'a ,(el l y AJT" WN Of &A TUfC-XND T -F.XiRiGuAu ghstp'tE tOA 'K EVSto' i kv APAR611 bik L4ND SU9f1E1YNG)7US1NFSS 1655 27th Str6e't, Suit ' e 2 Vero Beach, Florida 32960 n - (772) 564 Pho e: —8050 Fax: (772) 794-0647 A DA 5243' Boundary Survey for Submerged Land Lease at DaLrowski Marina Indian River County, Florida Not Valid 14, ithout 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 SOU TH E EAST W WEST P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING NAVO NORTH AMERICAN VERTICAL DATUM LB LICENSED BUSINESS FDEP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PB PLAT BOOK PG PAGE SO. FT. SQUARE FEET LEGAL DESCRIPj7 ON 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 S2539'00 "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 THE FOLLOWING CALLS, THENCE N0750'15 7E 32.54 FEET THENCE N1356'13 "W, 15.89 FEET; THENCE NO2- 14'55 "E, 42.86 FEET,• THENCE N21 54'42 "E, 14.69 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING ALONG . SAID MEAN HIGH WATER N28 31 '48 "W, 13.04 FEET, THENCE LEAVING SAID MEAN HIGH WATER N69 04'47"E, 32.41 FEET. THENCE N21 '19'47 "W, 120.07 FEET,• THENCE N'6459'24 "E, 122.46 FEET; THENCE N6737'58 "E, 31.12 FEET; THENCE S21'11'23 "E, 43.03 FEET; THENCE S2206'09 "E, 47.14 FEET; THENCE S2339'34 7E, 43.70 FEET; THENCE S68 4141 "W, 77.52 FEET• THENCE S25105'08 "E, 2.35 FEET; THENCE S6 7'53'24 "W, 22.27 FEET,• THENCE S2435'54 "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. I Sheet 2 of 7. Drawn by: Checked by File name Date"''- < "Scale :Deiwing Name CJG DMT 6483 b /.44/s 0.�f� NbNE rf - 1.,6483.DWG Masteller; - aylo); Ihc. PROFF.. S. fION� .S'11Rj2�'YORS�:IN.D�f..:tPP�RS I.�YII SURYEX�YGBflSINESSi#�6�� 1655 27th Street, Suite 2 Vero Beach, .Florida 32960 Phone: (772) 564 -8050 Fax' (772) 794 -0647 is it' 7 -.. . A! Boundary Survey for Submerged Land Lease at Dabrowski Marina Indian River County, Florida Not Valid Without All Sheets REPORT OF SURVE TYPE OF SURVEY: BOUNDARY (THIS IS AFIELD SURVEY) -SURVEYOR IN RESPONSIBLE CHARGE: DAVID TAYLOR P.S.M. 5243 • MASTELLER, MOLER, REED &. TAYLOR INC. CERTIFICATE OF AUTHORIZATION LB. 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 TIDE OF- BOUNDARY CONTROL SURVEY IS 1 FOOT IN 7500 FEET. THE ACCURACY OBTAINED BY MEASUREMENT AND 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, POWERPOLES, 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 B) THE EAST RIGHT —OF —WAY LINE OF INDIAN RIVER DRIVE AS DEPICTED. C) THE LINE BEARS SOO.25'39•E • THE ELEVATIONS AS SHOWN ON THIS SURVEY ARE BASED ON THE NORTH AMERICAN VERTCIAL DATUM OF 1988. -NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS —OF —WAY ANDIOR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED. -THIS SURVEY DOES NOT CERTIFY TO THE EXISTENCE OR LOCATION OF ANY FOUNDATIONS, UTILITIES, UNDERGROUND ENCROACHMENTS OR 1MPROVEMENTS EXCEPT AS SHOWN. • UNLESS A COMPARISON IS SHOWN, PLAT VALUES & MEASURED VALUES ARE THE SAME. • ALL MEASUREMENTS ARE IN FEET AND DECIMAL PARTS THEREOF AND ARE IN ACCORDANCE MTH THE STANDARDS OF THE UNITED STATES. • THE HORIZONTAL VALUES SHOWN HEREON REFER TO THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NAO 83 (NGS ADJUSTMENT OF 1990) ESTABUSHED USING RIK OBSERVATIONS. *THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1• _—(AS -NOTED) OR SMALLER. is s Sheet ? Of �' Drawn by: Checked by File name Date, ".,4 '':Si<ale�r =�; ©cawing Name J CJG . DMT 6483 6 /,0!k C (r r.�6 3.0WG ,fa- eMe,r lYloler Reed y for InG TNDar`:'"A""; ���;t ` A ; 1 �-�F%: (SR4GINA� '�2A1 17 $ t CIE A %d 1Dk . .I1C�EiJSij' if 4 /�ND;1?bfi.` PROF.�S'SIONAL SURYEFORS'fLNIl1LL4PP.ERS „,�? °` 4•�;� -Ya :' ,;1�,'3' . .0 � s �:. ; L 4AV XURF�It'_F7N67,86 SINESS#�6�f ' �• r 1655 27th Street, Suite 2 Vero Beach, Florida 329603'' "� ►,�:'',� Phone: (772) 564 -8050 Fax: (772) 794 -0647 DAVII3llk OTP:43 o ar Boundary Survey for Submerged Land Lease at DaGrowsl� Marina 1 n Sara tver utity, ova a .. Not Valid Without All Sheets ,Sd .Mff 49FLA4 SE,4RE..4 -D SC"PTI FONCR 4 -x4- �4 -V PfII�L"NT1°1POt°�'I�TYD'�*?fll� CONCRETE �— MONUMENT FOUND NAIL & DISK LS 4644 FOUND in l +CIO W f \ P. C S �AAN �X �, 17' 2�' e rre.14� � r0VND 314' IRON PIPE SET IRON ROD NO, tDENTIFlCATtON & CAP W ,emu ZR 0 .100' 200' v Parcel Line Table L�fia / LWV(h Dka Ht L14 1234 H07WI5 -E Ltd 13.89 If1336Y3"8• LIB 42.88 1L0214'S8'E LI7 1669 M2 1'54'42'E L16 1.41 S2671481E L20 14.62 57250-IM T L21 Mel 33M09 r L12 1179 S361225ST L2J 1340 =3134116T L25 9.43 S8334'47� Sheet 'f of 7 Drawn by:. Checked by Fite name CJG DMT 6463 lYlusteller, �Ilaler, Deed Taylor; Ttrc. PRO.FESSIOX4ZSURYEYORS�UY71 MAPPERS A\ L, N.USURF1h'.YzVC.8JSSi ESS#41d4y 1655 27th Street, Suite 2 Vera Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 -0647 Parcel Line Table Lho / LMpIh Wnetlon LI 1104 N26:31'Ie"N L2 3241 Npp04'47F L3 12Q07 N2179'4rW L4 122.46 Ne4759241 LS 31.12 N67*37'5e�E Le 4103 S211 Y23"E - t7 4'7.14 S22"10 91E LB 43.70 5237954$ L9 77.52 S88'4141'M LICI,y 2.35 S23W08"E Lri' ., ~ :2 T ; Sp73.iVIW Lit 3 8 . S9.43554 Er ar n g Name NOT OT?1f NASt)FtE,�4N�7�' TNt' ORIGINt#ktAIS€D .f' `t.; , }l��laA:". uc rls Y f a 1i%o` s . DAVID.! rZ O Boundary Survey for Submerged Land Lease at Dabrowski Marina Indian River County, Florida Not Valid Without All Sheets MOWELTYEPET141L 10 SUBJECT PROMTY 01 SHORELINE OF SUBJECT PROPERTY -205'1 36'1, NATURAL 187. 169'-+ HEADWALL 827. SHORELINE SOUTH 135-+ ROCKS 12% 947'1• NATURAL 887. SHORELINE NORTH 421'± NATURAL 397. 238'± SEA 42— VETMENT 39% Sheet 5 of 7 Drawn b , y: Checked by Fite name Date=' CjG DMT 6483 41*./ ,( ffqyjVA�WD VW asmllk.p .Peed Awaylal, A' UCENSECSY PROF"s-rolvdL SVEPEM"Al"Al"pff" ri 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone., (772) 564-8050 Fax: (772) 794-0647 R.:.� S Drawing Name �4,-�-- "'IbAl, WL -PE, ti '�)t!ff.!& MOIfts Alt, Boundary Survey . for Submerged Laird Lease at Dabrowski Marina Indian .River County, Florida Not Valid Without All Sheets SKETCHOFExf. -MAIrG LMPRO VEA fE-NTS , -sIND U�°- .�.sfNl�S7�PIIC7'UI�'DL7�IL r i (tip PRt c� SEE FORSDETAIL7 lo ®e ® ® FOOD PI y vvSMIG OULDING r SE WALL. NO SMCTUIMS 91MM 1170' of sou Rf UME 1/1LUNGS. OIRT & STONE `� OF LFASE AREA. ORIYE n (NOT KELL Davin) � E � Rip 0� '(O _ NE IN I(EAN'tM warm UK ` (QEM IM -a72 LET AW 88) pfR INE F.O.EP. TER DATED 51'131^21710 ANO - - \ LOCATED 4413120tO 0 80, 160, Drawn by: Checked by File name Date gM':i." ,,,,DfAiing Name ,Sheet 6_of 7 �,� pMj 6483 6 /04GQg'ea'„"" 64 ®DWG alas %llej; Soler, ,Reed tf Taylor, I1Ze. PROFES.SfOWYLSURYE.F'ORSAMrT FERS A1,4z)V SURF ERNGBUSEffSS "d W4' 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 -0647 NOT VACJD -- THE OR{GINA. G Boundary Survey for Submerged Land Lease at Dabrowski Marina Indian driver County, Florida Not Valid Wihout All Sheets RET41L OFEAYS ING LIlPROFEAMATS ' INLEISEARE4 BOAT SUP 4 BOAT SLIP 5 BOAT SLIP 7 BOAT SLIP 6 �1 m BOAT SLIP 8 T SLIP 3 *OW AL) (i / (TYPICAL) fi LEASE AREA '8 BOAT SLIP 2 BOAT SUP N 11 BOAT SLIP ® 73 12 BOAT SUP I BOAT SLIP 'a+_ 11 _ BOAT SLIP 1 BOAT SLIP w 165S 9 w GRANDFATHEREDO.99r EXISTING BUIUNNC (DAMAGED) o_ m 00 \ \ 1 \' \ \36 MEAN MCH WATER LINE 0 3O` • 6O` l 'XVAnIM -(172• NAw 8e) PER THE FD.EP. LETTETi DATED 511317010 AND £: LOCATED 511312010 F..'. j �7 ,c: �- . _.� ri'•a< ..fir >.: (!meet ! Of Drawn by: Checked by Fite name at Y`- r `Stale : ` PD aw no: Name tJ CJG DMT 6483 6i'04Y20''` =30';r : 6483 DWG NOT VAUl�ial�ll 6Ut lik- tlbNATURE�.Akb 'as�ellef; �T�ole�, fleed tf Taylo.; Inc. T�� : gar, IVtSEd-,SE of A -F�o � PROFIMSTOMW SURYLYDRSANlI fi1°PL�RS' uc Ns o:s _ si Yei kNa,MAe '`: . 1655 27th Street, Suite 2 Vero Beach, Florida 32960 Phone: (772) 564 -8050 Fax: (772) 794 -0647 OAVft3 is,1f>LOfi.i?L 5243 This Instrument Prepared Br and Please Reloru To: A.•aeritan Govarmnan Sartcm Corpomtim•. 3312 wen Lincbsugh Awmm Tampa, Floride 33613 AGS : 23482 TRUSTEE'S DEED THIS LN- DENTURE, made this day of June, A.D. 2010, between HERBERT V. MORRISON, SUCCESSOR TRUSTEE OF THE HENRY J- D.4BRONVSISI IRREVOCABLE TRUST UNDER REVOCABLE LIVLNG TRUST AGREENIENT DATED JULY 17, 2007, whose address is 28326 Ramble wood Drive, Farmington Hills, Ml 48334 -1750, Grawob and CITY OF SEBASTIAN, a municipality within Indian River County, Florida, %liost mailing address is 1225 Main Street, Sebastian, Florida 32958, Grantee, fWherover used hsreia the terms "Grantor" and "grantee" include ea the parttes to this instrument and their belts, legal reproseutatives, successors and aasigue -Grantor" and "grautao" are used ror slttgular and plurai, as the couteIt requires ottd the use *(any geuder shall utctude all genders.) 2077483 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2431 PG; 1266. Paget of 2 0r 11 NOW at 11:53 AM, 0 OOCTAX PD $5250.00 JEFFREY K BARTON. CLERK OF COURT VrTr `fESSETH: That the said:Grautor, for and in consideration of the suit of Ten Dollars and other good and valuable considerations, to said Grmitor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, does li mby remise, release and. quit-claim am the said Grantee forever, all right, title, ureter~ claim and demand which the said Grantor has in and to the following described land situate; tying and being in Indian River County, Florida, io-wit: See Exhibit "A" attached hereto and by reference made a part 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 fort in the Declaration of Restrictive Covenants recorded in the Public Records of Indian River County, Florida These covenants and restriuions shall ruin with the Property herein described. If any term or condition of the Declama a 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 tht Declaration of Restrictive Cover=ts, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the laterna Improvement Trust Fund of the State of Florida in accordance with Chapter 380, Pan 111, 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, 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 tetras of said deeds or deeds is that delivexcd to said Trustee in pursuance of the Trust Agreement above mentioned. This deed is trade subject to taxes and assessments for the year 2010 and years thereafter and subject to easemr --m and restrictions of record, if any. This conveyance is subject to easements, restrictions, limitations and condhions of record if aay now exist, but any such interests that may have been terminated are not hereby re- imposed This property is not 6e homestead property of the Grantor(s), nor contiguous to homestead property, as such homestead is defined under Florida law. IN 1VITDiESS WHEREOF the Grantor has hereunto set Grantor's hand and seal, the Clay and year first above Written. Signed, sealed and delivered in the p (Sig rare first Witness) rented typed or stamped name of t Witness_) (S ature ofsec imess) (��_-� ri � nted, typed or stamped Warne of second winless) Herbert V. Alorrison, Successor Trustee of the H�en6 J. Dabrowslci Irrevocable Trust Under Revocable Living Trust Agreement dated July 17, 2007 STATE OF MC;OiEsA1J COU\'TY OF Q2 pr-yt) f tite`fgtegoip,g itrstrutnent was acknowledged before me this — AP sty of Tail � 2010, by Herbert V. Morrison, rSFYCCeq>wTatistRe of the Kenny J. Dabronski Irrevocable Trust Under Revocable Living Trust Agreement dated July 17, ;� "L K•t 97: = 5!ic ft pt9iktrs) (Notary Public must check applicable box): �HotaiY Seal)' •r` '' (J is Welty known me ' used a current ii=-e. duced as ideattiti tioa ' otary ublic — State ofMiaiigan �� C - ul �'� Cd06FF1 OF W ( Printed, Typed or Stamped Name of Notary Publi , - . C'' FU 0F STATE Commission No.: l ,t;' N q(} �11� My Commission Exprres: r ' , _ . „ , k:1: 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 MIDDL' ETON'S SUBDIVISION AND THE EAST RIGHT -0F -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 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. Boundary Survey for Submerged Land Lease at Dabrowski Marina .Indian River County, Florida Not Volid WithoutAllSheets DET•4IL OFE 7TNGfXPROVEMEMS" ' WZF4STARff,,4 ■ ■ M Boar SLIP 6 BOAT SLIP 5 BOA T SLIP 8 BOAT SLfP'7 MUNG c��-a LEASE AREA u CR'ANWATKRED "o EMSPHG BLPLGMG (OAMA[£D) m. �BOAr sr_rP 7693'0A BQAT SLIP 13 1z w GOAT SLIP m f I T SLIP 10 r. N- BOAT SLIP 9 -.i _ N j(II;�L'jl�;i'•' 'I4I I I1 II1'i:i.Il1ii �ll'. {iF III L MW WISH WAWZ LMT t 'XIvA"a+ --n7x MW AN Q , 3Q' 64 - PE7t TliE FRED LF17t7T DATM 51)311010 ANN .' - LOCATED 511312010 l�eet 7 L1 Drawn by. Checked by File name date <� =•Y`. �'St�l� `. '�3rawin Narne (JG DMT 6483 -Masmllei -Mole, lPeed c Tu, Ivr; Itrc NOT Y�SU�s 1 4 f1� fti6kAT11AF ANN TFiE� lvAL- so' :. � A.�J.,Di#I PftOrff"10141W soppffro S'X"JW14PPI.RS f.4".S'URFEPZV6 ff S.IiWSWM 1855 27th Street, Suite 2 Vero Beach, Florida 32960 j Phone: (772) 564 -6050 Fox: (772) 794 -0647 DAtAVI " AIL L 5x43 t4 WN o q e an d tMW 6 � �- ��e�� O Q o I� �WmG Ze a<` 2w ao E6! -05Mm H HE SO U FW 6a�aX���� 6N a� yy�ic� Hy = Vi> n a w W 8 18. c u W a m g a Wy i U a2p_p2 U 2 c ® ® �f- iZ ® t 3g az ® ¶ b W 7 722 +aW a m wmm`z�'9�I •-e��i c`ia� Cia "���'�� o m�a w p���wom mOZ �i occC � d� °bl �'z c3 d.3.?°9gza� °zQl°niazcti 2 �2 662Mgvno 2 ]�gSW <rl�no:v�n 6��d� Wry ;N ;Y yW� i �yW��yWyuuuu � pop < a�• zl`n.a z �'o W�o�e"16 peolapBnZ m0\0 / z z � " o a W< " Wi" O m N p N G ��qq ti C9 a }a e OW F � w " Z 3� < K� �3 n �N <Q z p 2 3 3 3 3 3 3 W O vf e �gq a n o o a v n m n h n �n �L q�g4W 2fip o0 RI yXy�J •- O ti � of ���ff I� �Yo m ��a Z _ �� w F ✓a � ¢ a Z W� W� yy eL 2a 2�C F E ayy22��^ mOnQ c .x U 2 U it �i `oz - Iy U�VOCO � � 2W`UZ '•��',� ���c� Q✓Fj C� � �,�a g� � " $ � 38 6 �0 �� gi FaW tl� q �i W�' y> °y �•'UW 2a h wi N d �o ZLj YV( U 2WN YII x�354 g <i m0\0 / z z � " o a W< " Wi" O m N p N G ��qq ti C9 a }a e OW F � w " Z 3� < K� �3 n �N <Q z p " g�yiW 'off 2r!a N 3 3 3 3 3 3 W O e oaa LI m a n o o a v n p n h n h �L q�g4W 2fip o0 •- m D Z Z Z 2 Z Z Z C y> D of h wi N d v v a CL n v J m m m " g�yiW 'off 2r!a // $ \0 1 ' W ?? W J N � Ld l -591 N01 P�P� i i 56 GK GooNS� W N W_ W W a � I- aa ° p l m N W oW Q S m v m m � a z��z`z N U O oyy gUU oaa LI m O � R L. 51339 'p' 13 �L q�g4W 2fip o0 •- Q.1 2G I i � g Y tnh� ga hm I0O D New 'pock B .ZN N1i 10 0� g� L� 69 £ IN v ry z L' w // $ \0 1 ' W ?? W J N � Ld l -591 N01 P�P� i i 56 GK GooNS� W N W_ W W a � I- aa ° p l m N W oW Q S m v m m � a z��z`z Exhibit F For Lease Between City of Sebastian and Fisherman's Landing Sebastian, Inc. s 5-;1"- 1 �ro I � � I 115 ifo I i , 1 L r .� le, . €i 0 9 ,r rV . Exhibit G For Lease Between City of Sebastian and Fisherman's Landing Sebastian, Inc. a .00 10, IV Ole Ati r I A f —-----— ItA 400000000o Qz- 0 t:z, Exhibit H For Lease Between City of Sebastian and Fisherman's Landing Sebastian, Inc. FCT Contract Number 07 -CT- E_ 06' F8-A 1. -Ww3 FLORIDA COMMUNITIES TRUST 08-003-WW1 SEBASTIAN WORKING WATERFRONT COLLABORATIVE CSFA # 52.013 STAN MAYFIELD WORKNG WATERFRONT GRANT CONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ( "FCT'), anon-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 111, Fla. Stat., the Florida Communities Trust Act, creates a non- regulatory agency within the Department of Community Affairs ( "Department'D 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 conservingnat>ral 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 worlang 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 poses; 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; vs- oa3-wwi Aprfl 15 ; 2009 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 executingthis 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 I . This Agreement shall begin upon the Recipient's project being selected for funding and shall end April 15, 2010 e Expiration Date"), unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article MH 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. 11. MODIFICATION OF AGREEMENT I . 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 -21 D0, 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&003-VVWI AprII 15, 2W SNMV - Ge —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 tamely 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 I. 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- 9.042(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- 9.049, F.A.G. 084)0 -WW1 ApTA 15, 2009 sMwW - GC -3- 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 of Project 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- 4.402(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 higherProject 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. FCi''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. K FCT's performance and obligation to financially perform under this Agreement is contingent upon the issuance o f 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: 0$-003 -WWI AprU 15,2M SMWW - GC. - -4- Florida Communities Trust 2555 5humard Oak Boulevard Tallahassee, FL 32399 -2144 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 S t r e e t Sebastian, FL 32958 Phone: (112)388 -8228 Fax: (712)3888248 E-mail: rgrohall @cityofsebaatian.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. a'inner @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 5 9- 4 0 0 0 4 2 7 08-003-WWI April 15, 2009 SMWW - GC -.5 -. . . VI. PR&CLOSI<NG 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 ofthe 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 V1I.4. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 384.514(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 V1. La. above. 3. All real property shall be obtained through a Voluntarily- Negotiated Transaction, as defined in Rule 9K- 9.0[12(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 Purcbase 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. VILE. 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 April Li, 2009 SMWW - GC H approved a Management Plan that complies with Rule 9K- 9.414, 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 ofproposed 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, o8- 003 -WWI April 15, 2009 SMWW — GC -7- 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 amanaging 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 thereofnot 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., eacb 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. SPECUL 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 reeeived 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. 0S-003-WW1 Apra 15, 2009 Sht" — GC -S- 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 M DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. I . 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, sufbcient 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 VIl 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 governrnent 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 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 ofnotice 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 08- 003-ww1 Apa is, 2009 SMWW - GC - -9- - . 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 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. S. 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 finding 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 thebelow listed transactions, events, and circumstances may have negative legal and tax consequences under Florida law and federal income 084)03-wwx April 13, 2009 SMV1'W --.GG. -10- 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: 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 fi-om 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. L, 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 ENTTI'IES 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 os-oa3-wwi nyrP 15, 2M st►rww - GC -11- BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH 13Y THE CONTRACTING PARTY. X11. RECORDKEEPYNG; 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 riles 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 financia] 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 aocounted for is when the expenditure is made, not the signing of this agreement. Per Department of Financial Services Rule 691- 5.0(A(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). 08003 -WWI April 15, 7409 SMWW - GC -12- . . . 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 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 -1454 5. if the audit shows that any portion of tine 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 imtil 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 C'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 I . 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 C`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 0&003+vlrwl Apo 15, 2M sMww -- GC -13- herein, but FCT may make any payments or parts of payments after the happening of any Evera,ts 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 bas 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 ofDefault, FCT may, at its option, upon thirty (3 0) 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; 08-003 -WWI Apra 15, 3009 sM" - GC . 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; CL Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine thereasons for or the extent of non - compliance or lack of performance or issuing a written -14- warning to advise that more serious measures may betaken if the situation is not corrected; or C. 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 Plant approval; and refusal by the Recipient to permit public access to any document, pager, letter, or other material subject to disclosure under Chapter 119, Fla.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 dwner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is executed, then as provided for in Sections 125.355(lXa) and 16161.045(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.I. XIV. LEGAL AUTHORIZATION I. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive funds to beprovided 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 Asslirances contained herein. The Recipient also certifies that theundersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement. 7f V . 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 Lean 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 emend 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. Any power of approval or disapproval 0&003--WW1 Apra 15, 2009 SKWW - GC -15- 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 (Puhlic Law 101 -336, 42 U.S.C. Section 12101 et sect.), 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 teleconnnuni ations. 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 panties. IN WITNESS }WHEREOF, the parties hereto have duly executed this Grant Contract.. App rm d �Lal�ilr� By: Print N c: Ttvbert A. Gins ATTEST- - _ Sally A. Hai. , KMC - Cf ty Clerk 08-DD -WWl App 15, 20051 5MWW - GC - .. - -16-. - FLORIDA S TRUST By: Ken Reec'y Co Pro gram Manager Date: J ' ?- t�( App as w orm and Legality: By: Kristen L. Coons, Trust Counsel - � a Contract No.Py CT FCT Project No: 08- 003 -WW 1 CONFIDENTIALITY AGREEMENT This is a Confidentiality Agreement ( "Agreement ") pursuant to Rule 9K- 14.005(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 COMMCFNITIES 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 48 -003 -WW1 ("Project Site"). Confrdentiallty: 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 119.47, 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 last. 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- 4003 -WWI, as required by Section 125.355 (1)(a), F.S., for counties or Section 166.{]45 (1)(A), F.S., for municipalities, Chapter 9K 10, F.A.C., and this Confidentiality Agreement between the Recipient and FCT. i 08- -0U3 -WW] /1512009 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 4/22/2 09 4/22/2009 4/22/2009 Recipient Board Member, Staff or Agent Name Mayor Richard H. Gillmar Vice ftmr Jim Hill Gctmil Member Area C y Council Member Dale Simcbdck Council Member Eugene Wolff Al Himes, City Manager Rebecca Grehali, Growth Nmt. Dir. Robert G!n!Lxn, City Attorney Sally. A. Kfti.o, City Clerk Date: 14,12 gloq Approvqd2as to form and legality: z1411�— By: Hobert A. Ginsburg Title: City Attoa-.ey ATTEST Sally A. Ma , MMC /- +City Clerk 2 08- 003 -ViWI 4115R009 Signature FLORIDA COMMUNITIES TRUST By: Ken Reecy Community Program Manager Date: 5-11-01 Approved as to form and legality: By: Kristen L. Coons Title: Trust Counsel FCT Contract Number -CT- 15'1- 09- F9-41--00) FLORIDA COMMUNITIES TRUST WW1 Award Number 48- 003 -WW 1 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 f�/:�! day of -- , 2414. 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 Forcver award; WHEREAS, the initial term of the Grant Contract expires April 15, 2410; 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 nuns 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, 2014. 08-003-WWI April 15, 2414 GCAMDA 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. C E C L Approved as to Form and Legality: By: Robert A. Ginsburg 08-003-WWI April 15, 2010 GCAMD.1 N FLORIDA COMMUNITIES TRUST By: Ken Reecy Community Program Manager Date: S- Iq 10 Approved Wto Form and Legality: By: Kristen L. Coons, Trust Counsel Exhibit I For Lease Between City of Sebastian and Fisherman's Landing Sebastian, Inc. This document prepared by_ Kristen L. Coons, Esquire D�\ F ORI A COMMUYTIES TRU16 W l A #08- 003 -WW i CT tra - CT- E1 -08 -F - SEB STIAN WQ G WAEF 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 "). WHEREAS, e ' to of this Di to nds an ie'lAds cq fired with st d ade a part hereof T }ect Site "), t3l ri a law and to oth ise 'mplement IIl, Florj tat es; 1 is i pose to s d co ditibps in , a descri in .xhtbit 'A" iec ss o ensur compiianc wi ion of 59.105, 259.1 51 Fuse of d hereto plicable Chapter -WHEREAS, Chapter 31; ParHfl, Fla. Sta ., Communitie , eates 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; of the Stiate of FIbrida are forAie nnier-e 1 haryestin`g the State WHEREAS, FCT is • Act, whicl} ro 'de reve source a aieo r governments and nonprofit DRC108- 003 -WW 1 6/11/2010 the �1 throw ei er S tion 259,14 )(c ), Fla. St t. o the Florida the di 'b ion of tw paint five percent (2, /o }, less certain ev ue p to the Dep t, other Flvri egisla4Tq,, to rov' eland acq ition is local ing waterfront organizations for the acquisition of working WHEREAS, the State of Florida, acting by and through FCT, and the Recipient seek to �-Mvaa and cons oject Sit waterfr ' e the ite ue s wor 'ng wa�terffron eat es provide ace t tidal w ers �sup�g# o r a..• r.se . �1T.0 L;.,., IZSLatn ...rc , r .�� WHEREAS, Ru 9 -9, Florida A i istrati e Clede- . A. '% sets fo the rocedures evaluation and se ectz n of lands pr po d for cquisition Rule 9K -10, C .A . sets forth '--WHERE,S; FCT hasNVrove We terms iibrj r which t Project Sit &4=LC arsnirPdJand 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 X11 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; E e =1arationcon tio is to set ort cov ants an res ctions at np a Pr jesb g F 'da re s to Re ' lent �Ject Costs; an , WHEREAS, this a res Tors 'ction and cov ant that sha fo er nun with 4d and is binding u succe signs in the even of Oy transfer, ROWITMUFORE, in c-ongfferation of themiitd�Fcovenants 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 restne ' herein s the Pro' bind, Ziing ure to, a Reci ient d the' spec ' e su essors and assign MODIFI I N F DECLA T ON 1. Either p ay re quest i catio of the ro ' ons of thny ti e. hanges wh' e ut ly agree po shall e v id only when reduculy si ed by the artie here ch en ssh ncorporated n. III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE DRC108 -003 -W W 1 6/11/2010 2 COVENANTS execution ies hereto shall c Decl be rec ed and filed in the o icial blic r ords f Indian River u ,Flo da, din s ch and ins h o lac as FC a eason ly equest. a eci 'ent hall ay 1 fees d arges inc n nn ction there th. 2. The Red ien and FCT agr a th t the tate of Flo ' partment o En ironmental ote ion shall fo d is eclaratio to a Depart ent of Environrnental rot ction Bond Co se 'ew. eve nd unse ine amendme is require to this Decl n so a tax -exe sta f the Fl ' onds is note T 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 s ecified below. Any such notice shall be deemed received on the date of delivery if by per delivery r n ac receipt i nt by Iste, d Recipi in M Department f mm it 2555 Shum d ak Bl d. Tallahasse FL 2399 1 :I 1�M r'►1 2. In the event that a different representative or address is designated for paragraph 1. fta-ed of this a otice of )er CT ed above ROJE IT T E Q M NT IMP B E 259, CIIAPTE 75 CHAPTE 38 , P T I I, FLA 1. Any trans er o the Proj ect ite all sub' /eapprovalofF T d FCT shalt ao a newg e t th the eree c n ng such covenants, a s or other ions as are suf icient`to protect the Werest 6f the State of Florida. DRC108- 003 -WW 1 6/11/2010 3 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. � e �xist e of s Reci 'ent tel T stee ess CT Conservation gommission, tt)e ari District w a ees to acceiMit'd and for any o title t the -,O it res an gr a wi th local da Div' io f Fore try, Fl tish lro ental Pro Ctlon r a ter the sect Site. -Kthe OentVkat erect §Ae is age or troyed or tiff o e Prole ite, or any p ereof ' en by an ve ntal bod ercise or th ercise 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 equi ty to repair, restore, rebuild or replace the Project Site so as to nrev the occ n of a derault here er. r---) standing y ft e f egoing, covenants and res 'cti ns of this ct S ite. the light to s�ekpecii of any of the Project Site`hs aI1- 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 PIan 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 3. Theci ien shall ensure, provi e e 'dence t er f to F , thrall ctivities de this Declaration o ly with all pl able oc e, re onal and edera laws and tions, including zo in ordinances d adop ed ed comprehe iv plan for the j sd tion, as ap ble. E ence sh be ovide to CT that all required lic s d permits ha been ned p or to a co ence ent of y construc 'on. 4. The Recipient shall, through its agents and employees, prevent the unauthorized use DRC108- 003 -WW I 5/11/2010 4 of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. or itsAdy-autborized representatives -shall haves ht at Any4ime to the Pmiect Side andAe operations ef'the Recipient at the 6. All�,Wild' gs structures, x pr vem is d signs sh 1 requ thk+/ 5 written ppr va] of FCT as to p o e. Further, tr re oval, the on- tive speel s, and ajor land to tions shall require a tten approv of CT. e a rov required from C shall not be nably wi b C upon suff ien emon tra on that the proposed stru s, buildings, im ave gns, ege Lion al o and ati not adv i pac atural reso or wo g waterf as of the P CT's appro pienes 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 8. Asir d Rule 9K- F. C., ea h after the Recipient shall re an d subm to CT ual stew. :ss made on imple en ing the Mana em nt Pl In addit'a -W lie-Management Plancutfditions alrea y e6a in this 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 WorkinzAVater-koats or other sirn. tegory. -- ---- �– r—� 2 Zperm nt co ti sign, a� area of j ct s' e. e s' s from the Flo da ommunities After DRC108- 003 -WW 1 6/11/2010 5 Yx4 that be transfer t 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 a submer lease fora truetur71ore that located over s to erei sub rged d and that app bl ifi ion fo ar cu nt that th aci 'ties. One of the exis ' g b ildings on th p ect si a ed a d ng and the other as an ducational si hi igh ng the cul and on 's traditional -for 'ns aterfron . b.rnanert aCmcturedislaysrtifacts aid athu item shall be pr dvirlec__ _ tsar amides 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. 1. Th ci ien shall ma ain financial al rocedur d su rt d um nts, in o dance with generall ac epted accaun 'ng rinci les, to accv t fo the rece' t d e nditure f ds under this De lar ion. These eco ds sh 1 be available at all re ab times for i spe tion, review or au 't b state perso el FCT d rsonnel dul4auoF ' FCT. aso ble" sh eon a cor ' g to a circ s but Ordinarily orrnai buss ss hours of 8• a.m. 5:00 p.m., cal tim , Monday ugh 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 source ial assis , ' ding Stat from er s 'es an other -state a title 5ta ci assi ce does not i)nu d Fede t or s- ou awards d res c receive by non_ to entity ede pr m hing r menu. Th di g f r this Declar do was r cei ed by F a ap pri ion. lion with the au it r quirements dr sed h re' the ient shall ens e t the audit Ewith e ui a of Sect' n 5.97( , F a. Stat. This includes ub ission of a e deft d b coon 15.=d)Zj tat . and C r l . (local or 10.65 organi f the Audit DRC108 -003 -W W 1 6/11/2014 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 zu! re tent ele an audit cordaY'�f p of on 2 15.97, Fla. tat., cost of the a it m t be paid from na -S e the co of s h audit m t pai fro ecipi t ds not b ned fro a t 4. The annu fi ancial audit r po shall ncl ehe ecipient's s nse to all finding in Iuding come tiv actin s to 6e , ane of financial sist ce specific i nti ing all D cl tion d a er revenue bg agency and a eme er. opi of al rtin cka uired ua all be subm b or half of eci ' directl follow Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and PQ to f Florida dit r GEd-e al 5rB lowing address: ud' or Gal' Roam 1, Cla PeppWing 111 West son 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- 6. 7e 1ci 'ent all retai all jnanci re ords, s po 'ng ocu e7,1 stical cor s and any o do is pertinent o th s Deel t on for a n of fiv ye date mission of the fin ex nditures re rt. owe er, 'on ran audit iated io to the expiration of a ve -year peri recd s shall b ined until the ti audit idin shave beenrresol ipient�ihal ayaAl audits ccordance VAh ecdon, W5.97, DRCl09 -003 -W W 1 6/11/2010 Fla. Stat. performed by an independent certified public accountant C'IPA ") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall sta at-tlte audit comvlirEhe applicable nroyLgionq noted awe. --, EFAULT; >ItEAMIES; TERMINATI 1. If any es n al term or co di# n of a Uvclar -tio f ReLvec?(Venants is iol ed by the Recipien or some third with e knows of the Ripient s all notified o e v ola ' n by wri en tice g ven by personal deliveail or re ' tere ed rvi ipi t sha lig rnmence to ion or comp curia ities wi thi days otice of 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 (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 exte 'on of tim o omple a active ' s, FCT all give a est ue con 'de #ion. I e R 'pie corn ct via a 'thin ether the ' irty 30 y ' e or the t e ame appro ed y F T rsuant to e R cipien 's r quest, fe si ple ti to I ' t t in the roj ct Site shall be con eye to the Truste s ess F T egotia an greeme wi ther local ove eat, nonprofit a vi nmental org za 'on, th Florida Devi ' n of Fore the lon Fish d ildlife Conservati mmission, a ep ent ironmental Prote do or a Water ag ent Di ct, h a to a t t' a and an a Project Site. sh at such pro in accorda e with tion 380. 8(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 nosses to leeally-exMnte and bind the teRnsr e his Dien. . f STANDANO CONTWTIONS 1. This Decl at n shall be c ed un er the la the State of Fl rid and venue f an actions are ' ou f s Declar on all lie on County. If any prov is hereo F is in co ict app ' abl to ie, is o se unen rceable, the suc prov "shall be dee oid to the ch confli severable, b . alidate any other provision of this Declaration. DRC108- 003 -WW 1 6/11/2010 e 2. stricrftiiKer re No waiver by FCT of any right or remedy granted hereunder or failure to insist on ce the Reci 1 affect or as a wai y o or here der, o affect the su quen exercise of the e t or re ed by FCT or 3. The ] w ld1 -336, 42 U bli and private nt efa by th eci lent. i ie agrees to co pl with e ith Disab' ities ct (Public S tion 121 a1 a se . , if a plicableprhibits d scri ination by ti 'es n the s disa ili t�:ic)esanod areas of em o ent, public ao tion. and al in tions. 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 of being a d on t convict endor 1' t or on e � in ory ven or lrst—.-1 15. Nd fi# s r o er resourc r i e used directly or i dir ctly to influe ce 1 ature or any state gen y. is Declaration 'un'clWinh Exhibit "A ",6mboklie: DRC\08 -003 -WWI 6/11/2010 9 IN WITNESS WHEREOF, the parties hereto have duly executed this Declaration, STATE OF FLORIDA COUNTY OF INDIAN RIVER Appro to Fo and Legality: Print Name: r 11. 6 lW&SORC �•a+i� =rM bi Print Name: �'(.[' he-' tf— 1 i Q1Yl Qrx mission No. Z My Commission Expires: Z 14'111 :al DRC108- 003 -WW I 5/11/2010 10 App ro� t arm and Legality: By: - Kristen L. Coons, Trust Counsel STATE OF FLORIDA aril WTV rilp r Prinz per DRC108- 003 -WW 1 6/11/2010 My Commission Expires: SHM My e[pH f oa assess EXHIBIT "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. From a mt beginning a int son of the S th a of ve ent Lo 2, Secti 31, T s ip 30 South, Range 3 Eas , Indian River Caun , Fl rich and the an iglt ate Marko a est bank f Inds fiver, run West along sal So th line of Goventm tal of 2 a distance of 8 .05 fe t, more or less the East ri t-vf- ay of Old U.S. Highway o. , said right —o bei bb feet in tth; hence egrees 22 minut est along said East right li a distance 4 eet; en run , p llel to a out line of said Gave ent Lot 2, a distance of 94,89 feet; once rth 70 egre 45 m 5 a dis ce of I t to the es fished bulkhea line; thence nm South 25 s 22 es Fast alo d eat line 43 feet; then degrees 45 minutes 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; 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 be ' the can High a of the West than Rive Town a between Township 30 outh and Towns ip 31 th, run Wes Ong d Township line a ing the ❑ line of d Lot 1, Black 1, D O UB VI ON C OF EBA N a I e o 80. feet ore v less o the East right -of- y o than Rive Dr' a Id S. Highwa No. 1 }said 'gh -of- -way ing 6 fee w ,the a run South 25 degrees m' utes East al ❑ng Bait as right -of- -way a fist ce of 0 f et; then arth S egr es minutes 00 seconds t distance of 113 feet or or less to the a High at the of dian Rive the a meander the Mean Hi ter Line in a North Ste direction to a oint of g. DABROW I PAReEL" The South 13 Lot all of Lot lock iddlet ❑n , according to 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: 'Fence 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 water line of the I, d' ver; thence W to the Dint of begin Being a ❑art of Government t 1, Section wnship42 South, R e 39 Ir t. Together ith upland, su t�m� ge lan , littoral ril censer of a than River,:tq a exlW Pat Same aP1 END OF E L DESCRIPTION DRC108- 003 -WW 1 6/11/2010 12 n to the