Loading...
HomeMy WebLinkAbout2013 LeaseLEASE BETWEEN THE CITY OF SEBASTIAN AND FISHERMAN'S LANDING SEBASTIAN, INC. A LEASE made this 10th day of April, 2013, between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation, having its principal office at 1225 Main Street, Sebastian, Florida 32958 hereinafter referred to as the "LESSOR" and FISHERMAN'S LANDING SEBASTIAN, INC., a non - profit corporation organized and existing under the laws of the State of Florida whose address is PO Box 782038, Sebastian, Florida 32978 -2038 hereinafter referred to as the "LESSEE." This document contains thirteen (13) pages. WITNESSETH: WHEREAS, the Sebastian City Council is authorized to lease real property owned by the City to not - for - profit organizations formed for the purpose of promoting community interest and welfare; and, WHEREAS, LESSEE is a Florida not - for - profit organization formed for the purpose of promoting community interest and welfare, which includes the revitalization of Sebastian's Working Waterfront, and whose Members are commercial fishermen (a copy of LESSEE'S corporate documentation is attached as Exhibit "A "); and, WHEREAS, LESSOR owns real Property, hereinafter described below, which is upland to the Submerged Land Lease #310006484; and, WHEREAS, LESSOR has acquired the Property with partial funding from the Florida Communities Trust (FCT), and the Property is subject to certain limitations provided in the FCT Declaration of Restrictive Covenants (as recorded in OR Book 2431, Page 1268 in Indian River County, Florida) ( "Declaration "), the terms of the Declaration are hereby incorporated by reference; and, WHEREAS, as part and condition of the FCT funding, the LESSOR provided and FCT approved, a Working Waterfront Collaborative Management Plan ( "Management Plan ") for the Property, the terms of the Management Plan are hereby incorporated herein by reference and attached hereto as Exhibit "B ". Activities on the Property must adhere to the terms and conditions contained in the Management Plan; and, WHEREAS, FCT shall approve and review all leases, subleases, easements or other similar documents that affect the Property funded by FCT before the documents are executed by any and all parties. FCT's approval shall not be unreasonably withheld. Execution of documents without FCT's prior review and written approval may be deemed null and void; and, WHEREAS, FCT shall be notified at the Department of Environmental Protection, Florida Communities Trust, 3900 Commonwealth Boulevard, MS #115, Tallahassee, Florida 32399; and, WHEREAS, the Declaration's restrictions on the FCT funded Property are superior to any other restrictions placed upon the Property; and, WHEREAS, LESSOR intends that the conservation and recreation values of the Property be preserved and enhanced in accordance with the Management Plan, as it may be amended from time to time only after review and approval by FCT; and, WHEREAS, LESSEE has applied to LESSOR for a lease of the upland real estate and use of the submerged lands, collectively referred to as the "Leased Premises," for the purpose of commercial fishing docks, off - loading facility, and weigh station for use by the Members of the LESSEE and visitation by the general public in designated areas in accordance with the Management Plan; and, WHEREAS, LESSOR has determined that the revitalization and preservation of the Sebastian Working Waterfront promotes community interest and welfare; and, WHEREAS, LESSOR has found that the facilities to be leased to LESSEE are required for the proposed use and LESSEE agrees to maintain the same and make certain improvements; and, WHEREAS, LESSOR desires to lease such Property to LESSEE for the purpose described herein. NOW THEREFORE, in consideration of the foregoing and in further consideration of the mutual covenants contained herein the parties agree as follows: 1. ALL OTHER AGREEMENTS AND LEASES. Upon the final execution of this document, LESSOR and LESSEE agree that the lease executed between the parties on July 28, 2010 and amended on January 5, 2011 is hereby terminated and shall have no further force and effect. LESSOR shall assume LESSEE'S interest in that certain sublease dated June 7, 2011 between the LESSEE and Indian River Seafood, Inc. Nothing herein prohibits the LESSOR and Indian River Seafood, Inc. from renegotiating any lease terms, except that LESSOR acknowledges and will apply remaining rent credits paid to LESSEE under the Memorandum of Understanding 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 River Drive, being a part of Lot 3, Block 2 of Middleton's Subdivision of the City of Sebastian as per Plat Book 2 Page 56 . Parking spaces are shown on Exhibit "F ". C. Restroom Facilities: LESSEE shall have a non - exclusive right of use and access to the restrooms at 1540 Indian River Drive during operating hours of the 1540 Indian River Drive facility. The aforementioned restroom access shall satisfy City of Sebastian's restroom code requirements for the operation and development of the facilities at 1532 Indian River Drive. 3. PURPOSE. The LESSEE shall use the Leased Premises solely and exclusively for providing its members a commercial fishing dock, an off - loading fish packing facility, aquaculture, fundraising, special events and other uses that may support the commercial fishing industry as described herein in accordance with the Management Plan. 3A. SPECIAL EVENTS, Two (2) Special Events per year may be conducted by the LESSEE at the leased premises. It is understood that, LESSEE shall have the right to utilize the exterior areas of the premises at 1540 Indian River Drive at no additional cost in conducting said Special Events. All Special Event net revenue will be used to further the mission of LESSEE. At such events, the playing of live music, such as live bands, DJ's or karaoke, is permitted. A "Special Event" shall be defined as a regular yearly, or bi- annual, scheduled activity. Each Special Event is expected to have an attendance exceeding 300 people, excluding staffing personnel on a single day. Special Events may be conducted over a three (3) day period from 9AM through 7PM. Special Events may not conflict with the major events sponsored by the LESSOR which include: the Sebastian Clambake; the 4th of July Celebration; the Fine Arts & Music Festival; and the Pelican Island Wildlife Festival. Execution of this Lease constitutes issuance of the City required Temporary Use Permit for any Special Event, with no fee required, for the term of the Lease. The LESSEE agrees that Special Event(s) shall comport with the Temporary Use Permit requirements of other City Festival's as outlined in a special accommodation plan. Any special accommodation plan shall address issues such as requirements for additional restroom facilities, traffic control, parking, beer and wine consumption only, and special duty police service. Costs for any such accommodation shall be made at the sole expense of the K3 LESSEE. If any FLS Special Event is held on the Leased Premises where alcohol is consumed, it is understood that LESSEE shall obtain, at its expense, appropriate Liquor Consumption Liability Insurance that shall cover the duration of the event. 3B. Upon request by either party, within ten days after a special event, the parties shall meet to discuss better coordination for, and to address any public safety concerns about, future events. 3C. LESSEE /FLS agrees to provide adequate public liability insurance for any event held on the Leased Premises. In addition, FLS shall provide adequate public liability insurance coverage in the event that the property at 1540 Indian River Drive is used as an ancillary venue, in whole or in part, of any FLS Special Event. LESSEE hereby waives all claims and agrees to hold forever harmless LESSOR from any and all claims, lawsuits, judgments, or similar causes of action, for any /all injuries and /or claims to persons or property arising out of Special Event activities conducted by LESSEE on the Leased Premises, or on the premises at 1540 Indian River Drive, if that facility is utilized in conjunction with a FLS Special Event. LESSEE shall indemnify LESSOR against any /all claims, liabilities, loss or damage as a result of Special Event activities. LESSEE agrees to defend LESSOR against any /all claims, at LESSEE'S sole cost and expense. 4. SUBMERGED LANDS LEASE. The parties acknowledge the existence of a Sovereign Submerged Lands Lease #310006484 (see Exhibits "D" & "E "). The parties further understand that this lease may be amended and modified from time to time. LESSOR shall be responsible to acquire, keep and maintain, from the appropriate governmental agency a lease which permits the operations of a working waterfront as enumerated herein. LESSOR shall pay all annual and renewal fees associated with the Submerged Lands Lease. LESSEE acknowledges the restrictions, requirements and regulations contained in the Submerged Lands Lease #310006484 and agree to use the Leased Premises in accordance with such lease provisions and directives. Any default, breach or noncompliance issues shall be the sole responsibility of the LESSEE. 5. TERM. LESSOR leases to the LESSEE the Leased Premises for an initial term of TEN (10) years. If the LESSEE is in full compliance with its obligations and responsibilities hereunder, then the lease term. shall be automatically extended for an additional TEN (10) years on the same terms and conditions as provided for herein as long as the LESSEE gives written notice to that effect within ninety (90) days prior to expiration of the initial term. 6. RENT. In recognition of LESSEE'S capital investment at 1540 Indian River Drive, LESSEE shall pay rent of $1 per month for the term of the lease. rd 7. POTENTIAL REVENUE. It is anticipated that the Leased Premises may generate revenue via the rental of commercial boat slips, and the wholesale commerce of aquaculture and fish products. LESSEE shall establish, impose control, and collect all such revenues. LESSEE shall use such revenues in order to finance capital improvements, fund - raising activities including those set forth in paragraph 3A, pay general working waterfront operation expenses, and to advance the LESSEE'S mission as enumerated in its By -Laws and Articles of Incorporation (Exhibit "A "). It is understood that any revenue generated from FLS operations to include boat slip rental, fish wholesales, aquaculture commerce, or any /all operations in furtherance of the working waterfront mission, shall be at fair market value as determined by local industry standards. LESSEE shall give LESSOR no less than fifteen (15) calendar days prior written notice of any proposed revenue source to be generated on the Leased Premises that is not expressly addressed in this lease. If LESSOR objects to the proposal and the parties cannot resolve the issue, the matter shall be submitted in writing to FCT and, if FCT determines that the revenue source violates the grant covenants, LESSEE shall not conduct such activity. Collection of any general visitor admission fee shall be prohibited without the written consent of the LESSOR. 8. IMPROVEMENTS. The Leased Premises are accepted by the LESSEE "as is." The following improvements schedule is adopted: A. LESSOR, at its sole cost and expense, shall design, permit and construct an, approximately, 1,500 square foot, single story fish house, including adequate electrical and potable water service, along with any improvements and specifications required by any governmental authority having regulatory or review approval jurisdiction, in the footprint of the existing above water structure. LESSEE shall appoint one representative to provide LESSOR with fish house design consultation on a no fee basis. The fish house shall serve as the primary weighing and fish processing station. The fish house will be open to the general public to view and receive education about the commercial fishing industry in Sebastian, Florida. Upon execution of this Agreement, LESSOR will appropriate funds for construction and make a good faith effort to complete construction within TWO (2) years after final consent of all necessary plans, permits, and approvals by all regulatory agencies. LESSOR shall make a good faith effort to pursue appropriate planning, permitting, and any /all regulatory approval in a timely manner. LESSOR shall make a good faith effort to seek supporting grant funding for the project as expeditiously as possible. B. LESSOR, at its sole cost and expense, shall design, permit and construct a boardwalk as depicted on Exhibit "G ". 5 C. LESSOR, at its expense, shall remove the existing raceways in conjunction with the construction of the "Fish House." If LESSEE determines that the removal of the existing raceways interferes with aquaculture operations, LESSOR shall construct an amount of upwellers at the site equal in value to the removed raceways. In no case, shall any aquacultural operations or equipment block the view of the Fish House. D. LESSEE, at its sole cost and expense, shall install and maintain docks and boat slips as may be determined by the LESSEE as necessary for the operation of the working waterfront. At the end of the term of this Lease, LESSEE shall deliver the Leased Premises to LESSOR in good repair and condition, reasonable wear and tear excepted. With the exception of privately owned or leased equipment, all installations, fixtures, alterations, additions and /or improvements, on the Leased Premises, shall become the property of LESSOR and, on termination of the Lease, shall be surrendered with the Leased Premises in good condition. 9. OPERATIONAL ADHERENCE. In addition to the duties, and obligations, provided in this Lease Agreement, LESSEE shall comply with all requirements of the Stan Mayfield Working Waterfront Grant Contract (Exhibit "H ") and The City of Sebastian Working Waterfront Collaborative Management Plan (Exhibit "B "). The Declaration of Restrictive Covenants (Exhibit "I "), issued by FCT, are superior to any other restrictions placed upon the Property. Other than provisions specifically superseded by FCT and this Lease Agreement, LESSOR shall not interfere with the operations of the LESSEE. 10. BUILDING, UTILITIES, MAINTENANCE AND REPAIRS. A. LESSEE agrees that all portions of the Leased Premises shall be kept in good repair and condition by LESSEE. LESSEE shall maintain and make all necessary repairs and alterations with respect to the Leased Premises to keep the Leased Premises in good condition. LESSEE'S sole right of recovery shall be against it's insurers for losses, or damage, to stock, furniture and fixtures, equipment, improvements, and betterment. LESSEE agrees to make or contract for emergency repairs and provide protective measures necessary to protect the Leased Premises from damage and to prevent injury to persons or loss of life. LESSEE agrees to use its best efforts to insure that the Property is maintained in an attractive condition and in a good state of repair. LESSEE shall also keep the Leased Premises free of trash and debris. 9 B. The interior and exterior of the Leased Premises shall be kept clean. It shall be LESSEE'S responsibility to provide and pay for landscaping and exterior maintenance. C. LESSEE shall be permitted non - exclusive right to use dumpster service, without a fee, on LESSOR'S adjoining Property for non - perishable products, as long as such services are in existence. D. LESSEE shall be entitled to reasonable use of existing electrical and water service without additional charge in those parking areas dedicated to LESSEE'S use on the west side of Indian River Drive. 11. INSURANCE, INDEMNIFICATION AND DAMAGE BY CASUALTY. A. LESSOR shall procure and maintain, during the term of this Lease, public liability all risk insurance adequate to protect the LESSOR against liability for any and all damage claims that. may arise due to the activities of the LESSEE in amounts that are determined by the LESSOR. In no fashion shall LESSOR be liable for any claims arising between LESSEE and its agents resulting in damage to the City -owned facilities due to negligence of LESSEE less normal wear and tear. B. LESSOR shall procure and maintain, during the term of this Lease, fire and other casualty and property insurance, including wind damage coverage in amounts as reasonably determined by the LESSOR. C. In the event LESSEE has paid employees, LESSEE agrees to procure and maintain, during the term of this Lease, applicable worker's compensation insurance for all its employees employed in connection with the business operated under this Lease. Such insurance shall fully comply with the Workers' Compensation Law, Chapter 440, Florida Statutes. The workers' compensation insurance policy required by this Lease shall also include Employers Liability. LESSEE shall provide proof of workers' compensation insurance as required by law, if applicable. D. LESSEE shall require its members, agents, assigns, or business invitees upon the Leased Premises, acting in furtherance of the working waterfront operation, to execute, in a form acceptable to LESSOR, a waiver and release of LESSOR from any /all claim arising from the operation of the working waterfront core mission. LESSEE shall maintain such releases on file and, upon request, shall provide copies to LESSOR. For purposes hereof, tourist and educational activities shall not be considered working waterfront activities. E. LESSEE hereby waives all claims and agrees to hold forever harmless LESSOR from any and all claims, lawsuits, judgments, or similar causes of action, for any /all injuries and /or claims to persons or property arising out of the working waterfront activities conducted by LESSEE on the Leased Premises. LESSEE shall indemnify LESSOR against any /all claims, liabilities, loss or damage as a result of working waterfront activities on the Leased Premises. LESSEE agrees to defend LESSOR against any /all claims, at LESSEE'S sole cost and expense. 12. TAXES. LESSEE will be required to pay all taxes or other levies or assessments lawfully levied against the subject Property during the term of the Lease, if any. 13. LESSEE'S RESPONSIBILITIES. A. LESSEE agrees and covenants that it will not substantially amend or otherwise change its articles of incorporation, bylaws or rules and regulations without the prior notification to LESSOR. Copies of LESSEE'S articles of incorporation, bylaws and rules and regulations are attached hereto and incorporated herein as Exhibit "A ". LESSEE shall ensure that its members are required to annually meet the membership criteria set forth in its rules and regulations. LESSEE agrees annually to certify to LESSOR, on or before August 15th of each year, those Members who continue to qualify for corporate membership as well as those Members who shall be no longer qualified as Members. B. LESSEE, it's Members, Officers, employees and invitees, when on the premises, agree to follow and abide by all local, state and federal laws, ordinances and regulations and to follow and abide by the rules and regulations of the City of Sebastian, Community Redevelopment Agency, and the State of Florida as may be amended from time to time. C. LESSEE agrees to keep books, accounts and records that reflect all revenues and expenditures received in connection with the management and operation of the Property as set forth in paragraph 7. The books, accounts and records shall be maintained in accordance with generally accepted accounting principles and located at LESSEE'S principal place of business. LESSEE shall make the books, accounts and records required to be maintained hereunder available to the LESSOR for examination or audit during normal business hours, upon five (5) days written notice. In addition, LESSEE shall provide LESSOR with a copy of its annual audit and other financial statement(s) relating to LESSEE'S occupancy and use of the Leased Premises by September 30th of each year. 14. INSPECTION BY LESSOR. The LESSOR and its agents, upon reasonable notice, may make periodic inspections of the Leased Premises to determine whether LESSEE is operating in compliance with the terms and conditions of this 0 Lease. The LESSEE shall be required to make any and all changes required by the LESSOR, which are necessary to ensure compliance with the terms and conditions of this Lease and /or any applicable law(s) or regulation(s). 15. PROHIBITION ON ASSIGNMENT AND ENCUMBRANCES. LESSEE shall not assign this Lease and, except as specifically authorized herein, shall not sublet the Leased Premises to any other party without the prior express written approval of LESSOR. This covenant shall be binding on the successors in interest of LESSEE, if any. LESSEE shall be permitted to sublease dock slips and upland areas for clam raceways to licensed commercial fisherman. Preference for slips and upland rental shall be given to Sebastian commercial fisherman. LESSEE shall keep written records of all subleases as well as the names, license, commercial qualifications, dates of sublease, and rents. LESSEE shall not mortgage, pledge, or encumber this Lease, in whole or in part, or the leasehold estate granted under this Lease. Any attempted mortgage, pledge, or encumbrance of this Lease, or the leasehold estate granted under this Lease, shall be void and may, at the sole option of the LESSOR, be deemed an event of default under this Lease. This covenant shall be binding on the successors in interest of LESSEE, if any. LESSEE shall not pledge the LESSOR'S credit or make it a guarantor for payment or surety for any contract debt, obligation, judgment, lien or any form of indebtedness. LESSEE warrants and represents that it has no obligation or indebtedness, which would impair its ability to fulfill the terms of this Lease. 16. MISCELLANEOUS CONDITIONS. A. LESSEE agrees all Members and persons engaged in commercial fishing and related activities on the Leased Premises shall be at all times subject to the LESSEE'S sole direction, supervision and control and shall not be considered employees, agents or servants of the LESSOR. B. LESSEE agrees that it shall at all times prohibit recreational vessels at the Leased Premises. LESSEE agrees that none of the vessels docked at the Leased Premises will be used as a live aboard vessel for more than a forty-eight (48) hour period. C. LESSEE agrees to park its vehicles in places specifically designated by this lease and further agrees that no parking will occur in landscaped areas or blocking any sidewalk or street. LESSEE shall prohibit commercial truck parking on the Leased Premises for any duration other than what is reasonable for loading or unloading purposes. LESSEE shall prohibit boat trailer parking on the Leased Premises for any duration other N than what is reasonable for loading or unloading purposes. The parties recognize that the ongoing redevelopment efforts within the Sebastian CRA may result in changes in parking as well as the configuration of vehicle parking on or adjacent to the Leased Premises. LESSEE agrees to cooperate and coordinate with LESSOR in connection with parking projects and /or reconfiguration. D. LESSEE shall have the right to tow vehicles, in accordance with Florida Statutes, from parking areas dedicated to them by this Agreement, if they solely determine that such parking interferes with operations at the working waterfront. Government vehicles parked in the subject area, in support of a governmental function, are exempt, and shall not be towed. E. LESSEE agrees to prohibit unauthorized persons on the Leased Premises and to prohibit trespassing on the Leased Premises by use of appropriate signage. LESSOR agrees to provide said signage at its expense. F. LESSEE agrees to develop a fuel /hazardous substance containment plan within sixty (60) days of the date of this Lease. G. LESSEE for itself, and its permitted successors in interest, as a part of the consideration for this Lease, does hereby covenant and agree that: (1) No person shall be subject to discrimination in connection with LESSEE'S use of the Leased Premises on the basis of age, sex, physical handicap or other disability, race, color, national origin, religion or ancestry; and, (2) LESSEE shall not discriminate against any employee or applicant for employment in connection with the Leased Premises and the leasehold estate granted hereunder with respect to hiring, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment on the basis of age, sex, physical handicap or other disability, race, color, religion, national origin or ancestry; and, (3) LESSEE agrees that its facilities and programs shall, at all times, comply with the Americans with Disabilities Act (ADA), if applicable. LESSOR and LESSEE recognize that the commercial fishing docks are not a public accommodation, however, LESSEE shall cause the Leased Premises to at all times comply with all applicable ADA requirements that may be in effect from time to time. H. LESSEE shall furnish LESSOR with a list of its Officers and Board of Directors and notify LESSOR of the names of any new Officers and Board of Directors at the time of their election. LESSEE shall furnish LESSOR 10 with the names and addresses of LESSEE'S Officers and employees who have the authority to pay LESSEE'S bills. LESSEE shall assist the LESSOR in providing information and documentation, in a timely manner, as it relates to providing the Florida Communities Trust (FCT) with an annual report. 17. TERMINATION. A. The LESSOR may have the right to terminate this Lease upon the occurrence of any of the following, hereinafter referred to as "Event of Default." (1) Institution of proceedings in voluntary bankruptcy by the LESSEE. (2) Institution of proceedings in involuntary bankruptcy against the LESSEE if such proceedings continue for a period of ninety (90) days and are not dismissed. (3) Assignment of this Lease for the benefit of creditors. (4) Abandonment by LESSEE of the Leased Premises or discontinue of operation of the Leased Premises to the permitted uses for more than sixty (60) calendar days. (5) Dissolution, whether voluntary or involuntary, of LESSEE'S not -for- profit corporation. (6) Default, non - performance or other noncompliance with any covenant, requirement or other provision of any nature whatsoever under this Lease. B. Upon the occurrence of an Event of Default, the LESSOR shall send a written notice to LESSEE, setting forth the Event of Default in specific detail and the date this Lease shall terminate in the event LESSEE does not cure the default to the reasonable satisfaction of the LESSOR. In no case shall the lease terminate less than thirty (30) calendar days from LESSEE'S receipt of any Default Notice. C. In the event LESSEE fails to cure the Event of Default within the time established by LESSOR this Lease shall be deemed to be terminated with no further action by the LESSOR. In no event, however, shall such termination relieve LESSEE of its obligation to pay any and all remaining rent due and owing to the LESSOR for the period up to and including the date of termination, or to provide any and all remaining reports to the LESSOR for such period. 11 D. LESSEE shall have the right, upon providing thirty (30) days prior written notice to the LESSOR in the manner set forth in this Lease, to terminate this Lease at any time for any reason. 18. INTEGRATION. The drafting, execution and delivery of this Lease by the parties has been induced by no representations, statements, warranties or agreements other than those expressed in it. This Lease contains the entire agreement between the parties and there are no further or other agreements or understandings written or oral in effect between the parties relating to its subject matter. This Lease cannot be changed or modified except by written instrument executed by all parties hereto. This Lease and the terms and conditions hereto apply to and are binding upon the legal representatives, successors and assigns of both parties. 19. SEVERABILITY. If any term of this Lease or the application thereof to any person or circumstances shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. 20. NOTICES. All notices required under this Lease shall be sent by certified mails as follows: LESSOR: City of Sebastian 1225 Main Street Sebastian, Florida 32958 -4165 ATTN: City Manager A Copy shall be provided to the Sebastian City Attorney's Office. LESSEE: Fisherman's Landing Sebastian, Inc. Post Office Box 782038 Sebastian, FL 32978 -2038 21. GOVERNING LAWNENUE. This Lease shall be governed and construed in accordance with Florida law. In the event that litigation arises involving the parties to this Agreement, venue for such litigation shall be in Indian River County, Florida. 12 IN WITNESS WHEREOF, the Parties have executed this Lease on the date set forth above. ATTEST: Sally Maio MC City Cler A"cj-4 tness B . c Print Name REVIEWED AND APPROVED FOR FLORIDA COMMUNITIES TRUST BY: Florida m uniti Tru t �1�� )� --rCP.c Print Name - Title 1 LESSOR City of Sebastian, Florida �wxeaz Bob McPartlan Mayor APPROVED AS CORRECTNESS Robert A. Ginsburg City Attorney TO FORM AND LESSEE Fisherman's Landing Sebastian, Inc. �'11� ' Tim Adams, President 13