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HomeMy WebLinkAboutStan Mayfield Grant ProcessFlorida Communities Trust I Department of Community Affairs Page 1 of 1 +met Our Email AleriS Florida Communities Trust FloridaCommunitiesTrust.org Introduction The Florida Communities Trust administers two state land acquisition grant programs that provide funding to local governments and eligible non-profit organizations to acquire parks, open space, greenways and projects supporting Florida's seafood harvesting and aquaculture industries. The source of funding for Florida Communities Trust comes from Florida Forever proceeds. Florida Communities Trust assists communities in strengthening local comprehensive pians through the competitive criteria in the following two grant programs. Parks and Open Space Florida Forever Grant Program The Parks and Open Space Florida Forever grant program assists the Department of Community Affairs in helping communities meet the challenges of growth, supporting viable community development and protecting natural resources and open space. The program receives 21 percent, or $63 million of the total $300 million Florida Forever appropriation. Stan Mayfield Working Waterfronts Florida Forever Grant Program The creation of the Stan Mayfield Working Waterfronts Florida Forever grant program by the 2008 Florida Legislature acknowledges the importance of the traditional seafood harvesting and aquaculture industries in Florida_ The program receives 2.5 percent, or $7.5 million of the total $300 million Florida Forever appropriation. Florida Communities Trust projects play a significant role in improving the quality of life of Florida's residents. The local and regional parks funded by the Trust's Parks and Open Space grant program also help to promote economic growth and revitalization in local communities through nature based tourism. To learn more about Florida's industries and how Florida Communities Trust fits into the state's economic fabric, please visit the E=nterprise Flonda website. For additional information, please see the navigation links on the right. Contact Information Department of Community Affairs Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Ken Reecy, (850) 922-2207 Fax: (850) 921-1747 E-mail: ken.reecy@dca.state,fl.us Program Staff Contacts Customer Service Survey Florida Department of Community Affairs 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100 (Map) (850) 488-8466 1 Toll -Free 1-877-352-3222 1 TDD 1-800-226-4329 http://www•.floridacOMMLinitiestritst.org/ 4/15/2004 Stan Mayfield Working Waterfi-onts Florida Forever Grant Program - Department of Com... Page 1 of 2 Get Our Email Alerts Florida Communities Trust Stan Mayfield Working Waterfronts Florida 'Forever Grant Program Introduction The Stan Mayfield Working Waterfronts Florida Forever grant program was created by the 2008 Legislature and is administered by Florida Communities Trust. To fund the program, the Legislature provided 2.5 percent of the total Florida Forever program appropriation, which at the current level provides $7.5 million annually to the program. Grant funds will be used to acquire a parcel(s) 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_ The funds may also be used for the acquisition of a parcel(s) of land used for exhibitions, demonstrations, educational venues, civic events, and other purposes that promote and educate the public about economic, cultural, and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. The acquisition of land used for recreational waterfront activities would not be considered within the Stan Mayfield Working Waterfronts Florida Forever grant program. News Please visit our News and Announcements page. If you have any questions about the Program, please contact Ken Reecy at (850) 922-2207 or ken. reecv@a dca.state. fl. us_ Contacts for Additional Information Applications and Management Pian • Grant Gelhardt (850) 922-1704 grant.gelhardt@ia dca.state. fl. us Acquisitions and Real Estate Contract Preparation and Negotiations • Delbert Harvey (850) 922-1702 delbert.liarvey@dca.st--ate.fl.us Closing and Legal Matters • Kristen Coons (850) 922-1700 kriste n, coo n sCadca. state. fl. u s http://ww-w.floridaconimuiiltiestrust.org/MayfieldWaterfronts/ 411612009 Stan Mayfield Working Waterfronts Florida Forever Grant Program - Department of Corn... Page 2 of 2 Customer Service Survey Florida Department of Community Affairs 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100 (Map) (850) 488-8466 1 Toll -Free 1-877-352-32.22 1 TDD 1-800-226-4329 http://www.floridacommitnitiestrust.org/Mayt-ieldWaterfronts/ 411612009 Application Process - Stan Mayfield Working, Waterfronts Program - Department of Com... Page 1 of 3 Get Our Email Alerts Florida Communities Trust Stan Mayfield Working Waterfronts Florida Forever Grant Program Application Process The Stan Mayfield Working Waterfronts grant program uses Application Form SMWW-1. The Florida Communities Trust has developed an Application Instruction Guide providing helpful information for filling out the application. The SMWW-1 Application and Instruction Guide, along with additional resources for completing the application, are on the Application Preparation Resources page. Eligible Applicants Local governments and non-profit working waterfront organizations that are tax exempt under section 501(c) of the United States Internal Revenue Code are eligible to apply for funding. Award Limits For the 2008 grant application cycle, the Florida Communities Trust has announced that up to $7.5 million in Florida Forever proceeds will be available. The total amount of any award applied for by any applicant under any application for any project shall not exceed the amount annually appropriated and accumulated for the Stan Mayfield Working Waterfronts program during any fiscal year_ Match and Eligible Sources of Match (If Provided) Match is not required for the Stan Mayfield Working Waterfronts program. However, the Florida Communities Trust encourages applicants to provide an increased financial contribution by awarding additional points in the application for match. Please refer to Application Form SMWW-1 for information on match levels and corresponding point values. Eligible sources of match, if provided, are • Existing or future cash from the applicant • Cash or grant from a local, regional, state, or federal agency • Cash from a private donation • Value of real property donated by the landowner in a documented bargain sale or donation agreement Identifying a Project Site A project site is defined as the specific area(s) identified by a boundary map or legal description and certified survey, where Florida Communities Trust funds are proposed to be used for the acquisition of land. A project site may include up to three (3) separate ownerships. A project site may include non-contiguous areas, so long as the non-contiguous areas are part of a unified scheme of development and management within the same Working Waterfront and sufficiently close that the unified scheme can be maintained. Applicants are encouraged to inventory available properties and determine which sites are most competitive (score the highest) by self -scoring the potentia! sites. To minimize the possibility of encountering a prolonged or complicated site acquisition, it is strongly recommended that applicants also take into consideration any serious impediments to a successful real estate closing such as known environmental hazards, an unreasonable number of parcels to be acquired, or an unwilling seller. http://www.floridacommunitiestrust.orglMayfeldWaterfronts/ApplicatioilProcess.cfni 4/1612009 Appiication Process - Stan Mayfield Working Waterfronts Program - Department of Cora... Page 2 of 3 Because the State of Florida will have an executory interest in the land, the Florida Communities Trust shall have the right to refuse to deliver funds for closing a site where hazardous materials contamination in the sole view of the Florida Communities Trust, presents a liability to the state that outweighs the benefits derived from the acquisition of the site. All transactions must be voluntarily -negotiated sales with a willing seller. The use of condemnation or the threat of condemnation is not considered a voluntarily -negotiated transaction. It is important to know that the property owner is at least willing to consider an offer to sell. Preparing an Application Well prepared applications are key to project selection. The Florida Communities Trust recommends that applicants recruit an experienced team of professionals or knowledgeable volunteers to assist with preparation of the application. The team should include individuals with experience in aquaculture, commercial fishing, business planning and management, comprehensive planning, real estate, public education, historic and natural resource protection, and facility development. Responses to questions may be typed directly on the application form in a "typeover" mode to prevent lines from shifting. Additional pages may be used, if necessary. Do not alter the original language or format of the application form (i.e., section headings, subsection headings and criteria). Submitting an Application Applicants must submit three complete sets of application materials (one original and two copies) in 2 inch, 3 ring binders. Please arrange each binder in the same order as presented in the application (e.g., project information, acquisition plan, business summary, project evaluation criteria, and exhibits). The application must be transmitted with an original signature cover letter on local government or non-profit working waterfront organization letterhead that binds the applicant to fulfill all commitments made in the application. The transmittal letter must also identify a key contact person for the project, All partners to the application are required to provide an original signature letter including the binding statement. A sample transmittal letter, along with additional resources for completing the application, are on the Application Preparation Resources page, Prior to making copies of the grant application for submittal, carefully review the original to detect any math errors, missing criteria or missing pages. Mail or deliver the three complete sets of application materials to the following by the application deadline: Florida Communities Trust Sadowski Building, Suite 310 2555 Shumard Calc Boulevard Tallahassee, FL 3.2399-2100 Applications received after the deadline shall not be considered by the Florida Communities Trust. Business Summary The Business Summary provides information on the criteria outlined in the Business Summary section of Application Form SMM-1 and must be provided with the application unless the applicant is a local government proposing to acquire fee simple interest in a project site for public use, such as a maritime history museum. Every project is unique and every question in the Business Summary section may not apply to all projects. Please fill out the Business Summary as completely as possible and answering every question that might apply to your project so Florida Communities Trust staff may assess the sufficiency of the project. Applications submitted without a Business Summary will not be considered by the Florida Communities Trust for http:llwww.floridacoiiniiunitiestrust.oralMayfieldWaterfrontslApplicationProcess.ef-n 4/16/2009 Application Process - Stan. Mayfield Working Waterfronts Program - Department of Com... Page 3 of 3 recommendation to the Board of Trustees, except in the specific case in which a local government proposes to acquire a fee simple interest in a project site for public use. Application Review Following the receipt of applications, Florida Communities Trust staff will review each application, Florida Communities Trust will notify applicants of the timely receipt and status of their application. A project will be eligible for scoring only if its purpose is to restore or preserve working waterfronts as defined in Section 380.5013(18), Florida Statutes. Application Evaluation and Ranking Applications will be evaluated as they are submitted at the time of the application deadline. No additional information shall be accepted after the application deadline, unless requested by Florida Communities Trust staff for clarification purposes. Florida Communities Trust staff will conduct site visits as needed during the evaluation period to verify the conditions represented in the application. Florida Communities Trust staff, with input from the Department of Agriculture and Consumer Services and other agencies, will also evaluate an application's Business Summary for suffciency based on information provided in Form SMWW-1. Florida Communities Trust staff will prepare a recommended Business Summary sufficiency determination for consideration by the Florida Communities Trust Governing Board. Following the application evaluation period, Florida Communities Trust will provide a written evaluation report and Business Summary sufFciency determination to each applicant. The evaluation report contains the Florida Communities Trust staff analysis (including any information obtained during project site visits) and recommended score for each criterion addressed in the application_ Staff will provide copies of the evaluation reports and Business Summary sufficiency determinations to the Florida Communities Trust Governing Board. Applications containing a Business Summary deemed insufficient by the Florida Communities Trust will not be considered by the Board of Trustees. Applicants will have an opportunity to provide written comments to Florida Communities Trust on a project's evaluation report, including the Business Summary Sufficiency Report, for staff consideration. Applicant comments must be submitted to the Florida Communities Trust in writing at least 48 hours prior to the scheduled project ranking meeting of the Florida Communities Trust Governing Board. The Florida Communities Trust. Governing Board will hold a public meeting to determine a recommended ranking list of projects based on the final evaluation score of each project and actual funds available. Applicants will be provided an opportunity to discuss their Business Summary sufficiency determination and preliminary evaluation score at this meeting. The Florida Communities Trust will then forward a recommended ranking list to the Board of Trustees for consideration. Florida Communities Trust will provide a copy of the recommended ranking list to applicants prior to the Board of Trustees meeting. Customer Service Survey Florida Department of Community Affairs 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2106 (Map) (850) 488-8466 I Toll -Free 1-877-352-3222 1 TDD 1-800-226-4329 http://wv,vv.floridacommutiitiestrust.orgIMayfieldWaterfroiitslApplicationProcess.cfi-a 4/16/2009 Application Preparation Resources - Stan Mayfield Working Waterfronts Program - Depa... Page 1 of 2 Get Our Email Alerts Florida Communities Trust Stan Mayfield Working 'Waterfronts Florida Forever Grant Program Application Preparation Resources The following resources may be helpful in completing a grant application. 1. Stan Mayfield Working Waterfronts Program Grant Application Form in Word I Stan Mayfield Working Waterfronts Program Grant Application Form in pdf 2. Application Instruction Guide in Word I Application Instruction Guide in pdf - instructions for completing the application form 3. Rule 9K-9, Florida Administrative Code (Stan Mayfield Working Waterfront Florida Forever Grant Program) 4, Sample Application Transmittal Letter in Word - a sample transmittal letter that binds the applicant to fulfill commitments made in the application 5. Willing Owner Statement in Word (Fee Simple Acquisition) - a sample willing owner statement for fee simple acquisitions 6. Willing Owner Statement in Word (Working Waterfronts Covenants) -a sample willing owner statement for less than fee acquisitions which acquires development rights off the property but the site will continue to be used as a working waterfront 7, Sample Backup Manager Letter in Word - a sample backup manager letter that binds the local government or other state land managing agency to manage the site if the Nonprofit Working Waterfront Organization is no longer able to manage the site 8. Sample Management Endowment Letter in Word - a sample management endowment pledge form required of Nonprofit Working Waterfront Organization 9, 2068 Population Estimates - The State of Florida uses the latest estimate of resident population from the most recent edition of Florida Estimates of Population, as published by the Population Division, Bureau of Economic and Business Research, University of Florida 10, Growth Pate - Municipality and unincorporated county growth rate since the last United States Census. 11. Aquatic Preserves - a list of Aquatic Preserves from the Department of Environmental Protection. For more information, contact Penny Isom at 850-245-2098 or penny. isom@dep.state.fl,us. 12. Waterfront Florida Program Communities - a list of communities that have been designated Waterfront Florida Partnership Communities. For more information, contact the Waterfronts Florida Coordinator. 13. High Density Lease Area - Department of Agriculture and Consumer Services, Division of Aquaculture website. For more information, contact Sherman Wilhelm at 850-488-4033 or wilhels@doacs.state. f1. us. http://www.floridacommunitiestrust.orglMayfieldWaterfronts/AppPrepResources.cfln 4/16/2049 Application Preparation Resources - Stan Mayfield Working Waterfronts Program - Depa... Page 2 of 2 14. Florida Clean Marina Program -for more information, call 850-245-2100 or email clean. marina.program@dep.state.fl.us 15. National Register of Historic Places - Structures listed in the National Register of Historic Places. For more information, call the Division of Historic Resources at 850-245-6333. 16. Rural Areas of Critical Economic Concern - Dist of counties and communities designated as Rural Areas of Critical Economic Concern 17. Regional Planning Councils, which may be able to assist local governments in gathering some of the information needed to complete an application o Apalachee Regional Planning Council o Central Florida Regional Planning Council o East Central Florida Regional Planning Council a North Central Florida Regional Planning Council o Northeast Florida Regional Planning Council o South Florida Regional Planning Council o Southwest Florida Regional Planning Council o Tampa Bay Regional Planning Council o Treasure Coast Regional Planning Council o West Florida Regional Planning Council o Withlacoochee Regional Planning Council Customer Service Survey Florida Department of Community Affairs 2555 Shumard Oak Boulevard, Tallahassee, Ft 32399-2100 (Map) (850) 488-8466 1 Toll -Free 1-877-352-3222 f TDD 1-800-226-4329 http:lfwww.floridacomn-iunitiestrust.org/MayfieldWaterfi•onts/AppPrepResources.efm 4/16/2009 Appraisal. Requirements and Acquisition Process _ Stan Mayfield Working Waterfronts Pr... Page 1 of 3 Get Our Email Alerts Florida Communities Trust Stan Mayfield Working Waterfronts Florida Forever Grant Program Appraisal Requirements and. Acquisition Process Appraisal Requirements Summarized ■ The project site must be appraised by a Florida Communities Trust approved appraiser and the appraisal (s) will need to be reviewed by a Florida Communities Trust contracted review appraiser. Florida Communities Trust has adopted for use the approved appraiser list from the Department of Environmental Protection, Division of State Lands, Bureau of Appraisal. • Only appraisals completed for Florida Communities Trust may be submitted. Appraisals completed for property owners/sellers are not eligible for submission. • If a parcel or ownership is valued at or above $500,000, two appraisals are required. If the value is below $500,000, only one appraisal is required. For multiple -owner projects, this threshold applies to each ownership, not to the project as a whole. s All appraisals, contracts and negotiations must remain confidential until a contract is executed by the owner(s) and recipient and conditionally accepted by Florida Communities Trust. At the time a project is selected for funding and the recipient enters into a grant contract, any person who will have access to the appraisals or contracts must sign the confidentiality agreement that will be sent to the recipient. • Appraisals sent to Florida Communities Trust for review must conform to the Uniform Standards of Professional Appraisal Practice as defined in Chapter 475, Part II, Florida Statutes, as well as Florida Communities Trust appraisal instructions and procedures, which may be downloaded from this site. The reports must be self-contained appraisal reports as described under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice. Acquisition Process Summarized Florida Communities Trust has selected individuals to provide appraisal review services. Once projects are selected for funding, the Acquisition Section works with the grant recipient to acquire sites. The following is a summary of the joint acquisition process with the Florida Communities Trust as the lead agent. Florida Communities Trust obtains a title search for each parcel, if needed, for appraisal/acquisition purposes. 2. Florida Communities Trust obtains bids for appraisal(s) at the same time of ordering title work. o If an ownership's value is less than $500,000, one appraisal is required_ • If an ownership's value is estimated to be $500,000 or greater, two appraisals are required. 3. Appraiser(s) prepares appraisal report(s) according to Uniform Standards of Professional Appraisal Practice and Florida Communities Trust requirements. o Florida Communities Trust receives three sets of completed appraisal report(s) a Appraisal report(s) is sent to contract review appraiser for review o Upon approval, appraisal review memo certifying value(s) and establishing Maximum Approved Purchase Price is sent to Florida Communities Trust 4. Appraisal review memo is sent to Recipient and Florida Communities Trust acquisition staff with copy littp.11www.floridacomniimiliestrust.orgIMayfieldWaterfrontslAppraisalAcquisition.cfm 4/16/2009 Appraisal Requirements and Acquisition Process - Stan Mayfield Working Waterfronts Pr... Page ? of 3 of appraisal(s). 5. Florida Communities Trust acquisition staff contacts the Recipient to coordinate priority parcels, if applicable, and offer(s) to seller(s): o Option Contract for Purchase is prepared and sent to seller with a copy to Recipient o Ongoing negotiations or receive Option Contract signed by seller 6. Recipient approval of Contract. 7. Management Plan is prepared by Recipient and submitted to Florida Communities Trust for approval during the negotiation/contracting phase, 8. upon receiving signed contract, the project enters the closing phase. 9. Closing documents are ordered by seller or Recipient, depending upon contract requirements_ * Survey, Title Commitment and Environmental Site Assessment are received by Florida Communities Trust and Recipient o Documents are reviewed by Recipient and Florida Communities Trust staff to determine if adjustments in purchase price are necessary n Recipient reviews, approves and signs the Working Waterfront Covenants and Reconciliation Statement 10. Closing Warrant is ordered. 11. Upon receipt of warrant, closing occurs with selected closing agent. Management Plan Once the appraisals are reviewed and approved, Florida Communities Trust will begin negotiations with the property owners_ The applicant will be responsible for developing a management plan that must be approved prior to a closing. A management plan is required for all project sites acquired under the Stan Mayfield Working Waterfronts Program. The management plan lays out the short and long range management objectives, site development plans, and long term monitoring of the project site. The management plan must set forth the following: • How the site will be managed to further the purpose of the project • Description of planned improvements to the Project Site • Costs and funding sources • The management entity and its funding source Florida Communities Trust provides a Management Plan Checklist (coming soon) that covers all the necessary topics that need to be included in the management plan. Please include a copy of the checklist when submitting the management plan_ The Trust provides technical assistance in developing management plans for project sites. Management plans must be submitted and approved by staff before funds are delivered for a project site. Annual Stewardship Reports The annual stewardship report provides a mechanism for both the Florida Communities Trust program and the grant reciplent to monitor implementation of the management plan_ The Stewardship Report should be approximately three to five pages in length, with appropriate attachments. For your assistance a Stewardship Report outline will be coming soon. The report outline may contain issues not applicable to your site while http:/fwww,IloridacommunitiestTust.orglMayfieldWaterfronts/Appraisa[Acquisition.cf-n 4/16/2009 Appraisal Requirements and Acquisition Process - Stars Mayfield Working Waterfronts Pr... Page 3 of 3 other issues may need to be addressed in the stewardship report but are not listed on the report form. Customer Service Survey Florida Department of Community Affairs 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100 (Map) (850) 488-8466 b Tall -Free 1-877-352-3222 1 TDD 1-800-225-4329 http.11www,floridacommunitiestrust.orgIMayiieldWaterfrontslAppraisalAcgttlsition.cfm 4/16/2009 Appraisal Requirements and Acquisition Process - Stan Mayfield Working Waterfronts Pr... Page I of 3 Get Our Email Alerts Florida Communities Trust Stan Mayfield Working 'Waterfronts Florida Forever Grant Program Appraisal Requirements and Acquisition Process Appraisal Requirements Summarized ■ The project site must be appraised by a Florida Communities Trust approved appraiser and the appraisal (s) will need to be reviewed by a Florida Communities Trust contracted review appraiser_ Florida Communities Trust has adopted for use the approved appraiser list from the Department of Environmental Protection, Division of State Lands, Bureau of Appraisal, • Only appraisals completed for Florida Communities Trust may be submitted. Appraisals completed for property owners/sellers are not eligible for submission. ■ If a parcel or ownership is valued at or above $500,000, two appraisals are required. If the value is below $500.000, only one appraisal is required. For multiple -owner projects, this threshold applies to each ownership, not to the project as a whole. • All appraisals, contracts and negotiations must remain confidential until a contract is executed by the owner(s) and recipient and conditionally accepted by Florida Communities Trust. At the time a project is selected for funding and the recipient enters into a grant contract, any person who will have access to the appraisals or contracts must sign the confidentiality agreement that will be sent to the recipient. • Appraisals sent to Florida Communities Trust for review must conform to the Uniform Standards of Professional Appraisal Practice as defined in Chapter 475, Part II, Florida Statutes, as well as Florida Communities Trust appraisal instructions and procedures, which may be downloaded from this site. The reports must be self-contained appraisal reports as described under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice. Acquisition Process Summarized Florida Communities Trust has selected individuals to provide appraisal review services. Once projects are selected for funding, the Acquisition Section works with the grant recipient to acquire sites. The following is a summary of the joint acquisition process with the Florida Communities Trust as the lead agent, 1. Florida Communities Trust obtains a title search for each parcel, if needed, for appraisal/acquisition purposes. 2. Florida Communities Trust obtains bids for appraisal(s) at the same time of ordering title work. a if an ownership's value is less than $500,000, one appraisal is required. o If an ownership's value is estimated to be $500,000 or greater, two appraisals are required_ 3_ Appraiser(s) prepares appraisal report(s) according to Uniform Standards of Professional Appraisal Practice and Florida Communities Trust requirements. o Florida Communities Trust receives three sets of completed appraisal report(s) a Appraisal report(s) is sent to contract review appraiser for review a Upon approval, appraisal review memo certifying value(s) and establishing Maximum Approved Purchase Price is sent to Florida Communities Trust 4. Appraisal review memo is seat to Recipient and Florida Communities Trust acquisition staff with copy http:/1www.floridacommunitiestrust.orgIMayiieldWaterfrontslAppraisalAcquisition.cfni 4/16/2009 Appraisal Requirements and Acquisition Process - Stan Mayfield Working Waterfronts Pr... Page 2 of 3 of appraisal(s). 5. Florida Communities Trust acquisition staff contacts the Recipient to coordinate priority parcels, if applicable, and offer(s) to sellers): o Option Contract for Purchase is prepared and sent to seller with a copy to Recipient o Ongoing negotiations or receive Option Contract signed by seller C. Recipient approval of Contract. 7. Management Plan is prepared by Recipient and submitted to Florida Communities Trust for approval during the negotiation/contracting phase_ 8. Upon receiving signed contract, the project enters the closing phase. 9. Closing documents are ordered by seller or Recipient, depending upon contract requirements; n Survey, Title Commitment and Environmental Site Assessment are received by Florida Communities Trust and Recipient o Documents are reviewed by Recipient and Florida Communities Trust staff to determine if adjustments in purchase price are necessary a Recipient reviews, approves and signs the Working Waterfront Covenants and Reconciliation Statement 10. Closing Warrant is ordered. 11. Upon receipt of warrant, closing occurs with selected closing agent. Management Plan Once the appraisals are reviewed and approved, Florida Communities Trust will begin negotiations with the property owners. The applicant will be responsible for developing a management plan that must be approved prior to a closing. A management plan is required for all project sites acquired under the Stan Mayfield Working Waterfronts Program_ The management plan lays out the short and long range management objectives, site development plans, and long term monitoring of the project site. The management plan must set forth the following: • Flow the site will be managed to further the purpose of the project • Description of planned improvements to the Project Site • Costs and funding sources • The management entity and its funding source Florida Communities Trust provides a Management Plan Checklist (coming soon) that covers all the necessary topics that need to be included in the management plan. Please include a copy of the checklist when submitting the management plan. The Trust provides technical assistance in developing management plans for project sites. Management plans must be submitted and approved by staff before funds are delivered for a project site, Annual Stewardship Reports The annual stewardship report provides a mechanism for both the Florida Communities Trust program and the grant recipient to monitor implementation of the management plan. The Stewardship Report should be approximately three to five pages in length, with appropriate attachments. For your assistance a Stewardship Report outline will be coming soon. The report outline may contain issues not applicable to your site while hnp://wwv+, floridacomniunitiestrust.org/MayfieldWaterfronts/AppraisalAcquisition.c m 4/16/2009 Appraisal Requirements and Acquisition Process -Stan Mayfield Working, Waterfronts Pr... Page 3 of 3 other issues may need to be addressed in the stewardship report but are not listed on the report farm. Customer Service Survey Florida Department of Community Affairs 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100 (Map) (850) 488-8456 1 Tall -f=ree 1-877-352-3222 f TDD 1-800-226-4329 http://www.floridacommunitiestrust.org/MayfieldWaterfronts/AppraisalAcquisition.cfm 4/16/2009 Florida Population Estimates April 1, 2008 April 1, 2008 (Est.) ALACHUA 252,388 Alachua 8,742 Archer 1,225 Gainesville 124,491 Hawthorne 1,436 High Springs 4,855 LaCrosse 202 Micanopy 636 Newberry 4,914 Waldo 836 UNINCORPORATED 105,051 BAKER 25,890 Glen Saint Mary 429 Macclenny 5,897 UNINCORPORATED 19,564 SAY 169,307 Callaway 14,656 Cedar Grove 5,755 Lynn Haven 16,614 Mexico Beach 1,331 Panama City 37,457 Panama City Beach 13„453 Parker 4,654 Springfield 8,852 UNINCORPORATED 66,539 BRADFORD 29,059 Brooker 391 Hampton 468 Lawtey 666 Starke 6,025 UNINCORPORATED 21,509 BREVARD 556,213 Cape Canaveral 14:635 Cocoa 16,971 Cocoa Beach 12,800 Grant-Valka ria 3,985 Indialantic 2,992 Indian Harbour Beach 8,733 Malabar 2,859 Melbourne 78,308 Melbourne Beach 3,309 Melbourne Village 729 Palm Bay 102,519 Palm Shares 968 Rockledge 25,698 Satellite Beach 10,848 Titusville 45,664 West Melbourne 16,703 UNINCORPORATED 212,492 Iof12 Florida Population Estimates April 1, 2008 CHARLOTTE 165,781 Punta Gorda 17,651 UNINCORPORATED 148,130 CITRUS April 1, 2008 Crystal River (Est.) BROWARD 1,758,494 Coconut Creek 48,193 Cooper City 30,074 Coral Springs 128,930 Dania Beach 28,425 Davie 92,207 Deerfield Beach 73,227 Ft. Lauderdale 180,400 Hallandale 38,232 Hillsboro Beach 2,224 Hollywood 143,172 Lauderdale -by -the -Sea 5,852 Lauderdale Lakes 32,216 Lauderhill 64,635 Lazy Lake Village 41 Lighthouse Point 11,020 Margate 54,180 Miramar 112,656 North Lauderdale 42,287 Oakland Park 42,241 Parkland 23,835 Pembroke Park 6,161 Pembroke Pines 151,747 Plantation 85,588 Pompano Beach 100,058 Sea Ranch Lakes 730 Southwest Ranches 8,489 Sunrise 90,081 Tamarac 59,855 Weston 62,088 West Park 13,861 Wilton Manors 12,929 UNINCORPORATED 12,750 CALHOUN 14,310 Altha 568 Rountstown 2,440 UNINCORPORATED 11,302 CHARLOTTE 165,781 Punta Gorda 17,651 UNINCORPORATED 148,130 CITRUS 142,043 Crystal River 3,660 Inverness 7,288 UNINCORPORATED 131,095 CLAY 185,168 Green Cove Springs 6,555 Keystone Heights 1,409 Orange Park 9,085 Penney Farms 635 UNINCORPORATED 167,484 2of12 Florida Population Estimates April 1, 2008 April 1, 2008 (Est;) COLLIER 332,854 Everglades 648 Marco Island 15,856 Naples 22,556 UNINCORPORATED 292,794 COLUMBIA 66,121 Fort White 519 Lake City 11,298 UNINCORPORATED 54,304 DESOTO 34,487 Arcad is 6,627 UNINCORPORATED 27,860 DIXIE 15,963 Cross City 1,745 Horseshoe Beach 309 UNINCORPORATED 13,909 DUVAL 904,971 Atlantic Beach 13,819 Baldwins 1,645 Jacksonville Beach 22,749 Neptune Beach 7,377 Jacksonville (Duval) 859,421 EBCAMBIA 313,480 Century 1.644 Pensacola 54,925 UNINCORPORATED 256,911 FLAGLER 95,512 Beverly Beach 517 Bunnell 2,648 Flagler Beach 5,444 Madneland (part) 9 Palm Coast 74,590 UNINCORPORATED 12,304 FRANKLIN 12,331 Apalachicola 2,480 Carrabelle 1,346 UNINCORPORATED 8,505 GA DSDEN 50,611 Chattahoochee 3,687 Greensboro 634 Gretna 1,675 Havana 1,815 Midway 1,883 Quincy 7,373 UNINCORPORATED 33,544 3ofQ Florida Population Estimates April 1, 2008 GLADES 11,323 Moore Haven 1,655 UNINCORPORATED 9.668 GULF April 1, 2088 Port St. Joe (Est) GILCHRIST 17,266 Bell 460 Fanning Springs (part) 366 Trenton 1,722 UNINCORPORATED 14.718 GLADES 11,323 Moore Haven 1,655 UNINCORPORATED 9.668 GULF 16.923 Port St. Joe 3,758 Wewahitchka 1,721 UNINCORPORATED 11,444 HAMILTON 14,779 Jasper 1,705 Jennings 813 White Springs 767 UNINCORPORATED 11,494 HARDEE 27,909 Bowling Green 3,122 Wauchula 4,538 Zolfo Springs 1,629 UNINCORPORATED 18,620 HENDRY 41,216 Clewiston 6,687 La Belle 4„564 UNINCORPORATED 29,765 HERNANDO 164,907 Brooksville 7,640 Weeki Wachee 7 UNINCORPORATED 157,260 HIGHLANDS 100,247 Avon Park 8,865 Lake Placid 1,780 Sebring 10,412 UNINCORPORATED 79,150 HILLSBOROUGH 1,200,541 Plant City 33,500 Tampa 339,365 Temple Terrace 23,882 UNINCORPORATED 803,794 HOLMES 19,757 Bonifay 2,792 Esto 379 Noma 230 Ponce de Leon 510 Westville 213 UNINCORPORATED 15,633 4of12 Florida Population Estimates April 1, 2008 April 1, 2008 (Est.) INDIAN RIVER 141,667 Fellsmere 5,108 Indian River Snores 3,829 Orchid 305 Sebastian 22,824 Vera Beach 17,888 UNINCORPORATED 91,612 JACKSON 52,639 Alford 494 Bascom 111 Campbellton 246 Cottondale 920 Graceville 2,517 Grand Ridge 940 Greenwood 778 Jacob City 299 Malone 3,882 Marianna 6,493 Sneads 1,986 UNINCORPORATED 33,973 JEFFERSON 14,553 Monticello 2,537 UNINCORPORATED 12,01E LAFAYETTE 8,287 Mayo 1,009 UNINCORPORATED 7.278 LAKE 288,379 Astatula 1,643 Clermont 23,476 Eustis 18,354 Fruitland Park 3,801 Groveland 7,207 Howey -in -the -Hills 1,215 Lady Lake 13,117 Leesburg 20,093 Mascotte 4,516 Minneola 9,044 Montverde 1,196 Mount Dora 11,290 Tavares 13,344 Umatilla 2,603 UNINCORPORATED 157,380 LEE 623,725 Bonita Springs 46,681 Cape Coral 165,774 Fort Myers 68,689 Ft -Myers Beach 6,928 Sanibel 6,374 UNINCORPORATED 329,279 5of12 Florida Population Estimates April 'I, 2008 April 1, 2008 (Est.) LEON 274,892 Tallahassee 177,852 UNINCORPORATED 97,040 LEVY 40,817 Bronson 1,159 Cedar Key 928 Chietland 2,265 Fanning Springs (part) 607 Inglis 1,724 Otter Creek 147 Williston 2,577 Yankeetown 760 UNINCORPORATED 30,650 LIBERTY 8,158 Bristol 951 UNINCORPORATED 7,207 MADISON 20,152 Greenville 837 Lee 416 Madison 3,485 UNINCORPORATED 15,814 MANATEE 317,699 Anna Maria 1,875 Bradenton 54,184 Bradenton Beach 1,541 Holmes Beam 5,107 Longboat Key (part) 2,516 Palmetto 14,447 UNINCORPORATED 237,929 MARION 329,418 Belleview 4,040 Dunnellon 2,033 McIntosh 448 Ocala 54,462 Redd ick 520 UNINCORPORATED 267,915 MARTIN 143,868 Jupiter Island 675 Ocean Breeze Park 411 Sewalls Point 2,000 Stuart 16,577 UNINCORPORATED 124,205 6of12 Florida Population Estimates April 1, 2008 April 1, 2008 (Est.) MIAMI -DACE 2,477,2$9 AWentura 31,044 Sal Harbour 3,299 Bay Harbor Island 5,135 Biscayne Park 3,272 Coral Gables 45,798 Cutler Bay 41,579 ©oral 34,322 EI Portal 2,502 Florida City 10,193 Golden Beach 947 Hialeah 228,157 Hialeah Gardens 20,939 Homestead 59,415 Indian Creek Village 58 Islandia 6 Key Biscayne '11,555 Medley 1,126 Miami 406,242 Miami Beach 94,040 Miami Gardens 111,171 Miami Lakes 27,031 Miami Shores 10,554 Miami Springs 13,557 North Bay 5,814 North Miami 59,688 North Miami Beach 40,879 Opa-locka 15,146 Palmetto Bay 25,170 Pinecrest 19,454 South Miami 11,183 Sunny Isles Beach 20,171 Surfside 5,789 Sweetwater 14,251 Virginia Gardens 2,298 West Miami 5,690 UNINCORPORATED 1,088,714 MON ROSE 76,081 Islamorada 7,113 Key Colony Beach 854 Key West 23,024 Layton 205 Marathon 10, 097 UNINCORPORATED 34,788 {NASSAU 71,915 Callahan 1,105 Fernandina Beach 11,998 Hilliard 2,947 UNINCORPORATED 55,865 7 of 12 Florida Population Estimates April 1, 2008 OKEECHOBEE 40,003 Okeechobee 5,496 UNINCORPORATED 34,507 ORANGE April 1, 2008 Apopka (Est.) OKALOOSA 197,597 Cinco Bayou 374 Crestview 21,215 Destin 12,225 Ft, Walton Beach 24,918 Laurel Hill 515 Mary Esther 4,100 Niceville 13,354 Shalimar 720 Valparaiso 6,540 UNINCORPORATED 117.526 OKEECHOBEE 40,003 Okeechobee 5,496 UNINCORPORATED 34,507 ORANGE 1 114,979 Apopka 40,280 Bay Lake 20 Belle isle 5,886 Eatonville 2,493 Edgewood 2,278 Lake Buena Vista 23 Maitland 16,209 Oakland 1,938 Ocoee 33,658 Orlando 234,130 Windermere 2,678 Winter Garden 30,838 Winter Park 28,921 UNINCORPORATED 715,627 OSCEOLA 273,709 Kissimmee 61.458 St. Cloud 32.827 UNINCORPORATED 179,424 PALM BEACH 1,294,654 Atlantis 2,147 Belle Glade 17,141 Boca Raton 85,293 Boynton Beach 66,671 Briny Breeze 417 Cloud Lake 164 Delray Beach 64,220 Glen Ridge 262 Golf V ii lage 266 Greenacres City 32.548 Gulf Stream 716 Haverhill 1.553 Highland Beach 4,164 Hypol uxo 2,448 Juno Beach 3,674 Jupiter 49,783 Jupiter Inlet Colony 370 Lake Clarke Shores 3,427 Lake Park 9,112 Lake Worth 36.725 Sot 12 Florida Population Estimates April 1, 2008 PASCO April 1, 2008 Dade City (Est,) Lantana 9,850 Loxahatchee Groves 3,232 Manalapan 354 Mangonia Park 2,223 North Palm Beach 12,530 Ocean Ridge 1,630 Pa hokee 6,352 Palm Beach 9,797 Palm Beach Gardens 50,282. Palm Beach Shores 1,418 Palm Springs 15,500 Riviera Beach 35.150 Rcyal Palm Beach 31,567 South Bay 4,702 South Palm Beach 1,522 Teguesta Village 5,898 Wellington 55,076 West Palm Beach 103,663 UNINCORPORATED 562,807 PASCO 436,668 Dade City 6,995 New Port Richey 16,604 Part Richey 3,137 Saint Leo 1,331 San Antonio 962 Zephyrhills 12.570 UNINCORPORATED 397,069 PINELLAS 938,461 Belleair 4,151 Belleair Beach 1,604 Belleair Bluffs 2,223 Belleair Share 74 Clearwater 110,251 Dunedin 37,561 Gulfport 12,844 Indian Rocks Beach 5,255 Indian Shores 1,806 Kenneth City 4,492 Large 75,441 Madeira Beach 4,519 North Redington Beach 1,489 Oldsmar 13,900 Pinellas Park 49,231 Redington Beach 1,584 Redington Shores 2,513 Safety Harbor 17,825 St. Pete Beach 10,133 St. Petersburg 251,459 Seminole 18,862. South Pasadena 5,342 Tarpon Springs 24,694 Treasure Island 7,600 UNINCORPORATED 273,608 9 of 12 Florida Population Estimates April 1, 2008 April 1, 2008 (Esti_) POLK 585,733 Auburndale 14,121 Bartow 17,296 Davenport 2,705 Dundee 3,310 Eagle Lake 2,732 Fors Meade 5,864 Frostproof 2.867 Haines City 18,916 Highland Park 248 Hillcrest Height 256 Lake Alfred 4,562 Lake Hamilton 1,409 Lake Wales 13,052 Lakeland 93,508 Mulberry 3,467 Polk City 1,751 Winter Haven 34,404 UNINCORPORATED 365,265 PUTNAM 74,989 Crescent City 1,742 Interlachen 1,564 Palatka 11,264 Pomona Park 787 Welaka 731 UNINCORPORATED 58,901 ST. JOHNS 181,180 Hastings 685 Marineland (part) 1 St. Augustine 13,874 St Augustine Beach 8,206 UNINCORPORATED 160.414 ST. LUCIE 276,585 Fort Pierce 44,227 Port St. Lucie 157,902 St. Lucie Village 641 UNINCORPORATED 73,815 SANTA ROSA 144,136 Gulf Breeze 5,780 Jay 526 Milton 7,971 UNINCORPORATED 129,859 SARASOTA 393,608 Longboat Key (part) 5,081 North Port 56,316 Sarasota 55,174 Venice 22,146 UNINCORPORATED 254,891 10 of 12 Florida Papulation Estimates April 1, 2008 April 1, 2008 (Est.) SEMINOLE 426,413 Altamonte Springs 43,243 Casselberry 25,182 Lake Mary 14,944 Longwood 14,018 Oviedo 33,431 Sanford 54,306 Winter Springs 34,390 UNINCORPORATED 206,899 SUMTER 93,D34 Bushnell 2,344 Center Hill 921 Coleman 653 Webster 766 Wwld Wood 4,885 UNINCORPORATED 83,445 SUWANNEE 40,927 Branford 712 Live Oak 6,712 UNINCORPORATED 33,503 TAYLOR 23,199 Perry 6,832 UNINCORPORATED 16,367 UNION 15,974 Lake Butler 1,922 Raiford 262 Worthington Springs 453 UNINCORPORATED 13,337 VOLUSIA 510,750 Daytona Beach 64,927 Daytona Beach Shores 5,461 DeBa ry 18,913 DeLand 27,326 Deltona 85,921 Edgewater 21,518 Flagler Beach (part) 76 Holly Hifi 12,944 Lake Helen 2,871 New Smyrna Beach 23,716 Oak Hill 1,976 Orange City 9,556 Ormond Beach 40,920 Pierson 2,657 Ponce Inlet 3,299 Pork Orange 57,218 South Daytona 13,765 UNINCORPORATED 117,564 WAKULLA 30,717 St. Marks 323 Sopchoppy 424 UNINCORPORATED 2.9,970 11 012 Florida Population Estimates April 1, 2008 WASHINGTON April 1, 2008 Caryville (Est) WALTON 57,784 DeFuniak Spring 5,171 Freeport 1,503 Paxton 740 UNINCORPORATED 50,370 WASHINGTON 24,779 Caryville 367 Chipley 3,639 Ebro 245 Vernon 744 Wausau 443 UNINCORPORATED 19,341 FLORIDA 18,807,219 Incorporated 9,573,432 Unincorporated 9,233,787 Sources University of Florida, Bureau of Economic and Business Research, 1113105. 12 of 12 1, City of Sebastian Working Waterfront Collaborative MANAGEMENT PLAN 14 Stan Mayfield Working Waterfront Program 08- 003 -WW1' June 2010 MYcf- ELASfi HOME OF PELICAN ISLAND Table of Contents Executive Summary 2 Introduction 3 Purpose 5 Existing Activities 6 Desired Future Use 7 Management Object-Ives 7 Site Development 9 Existing Physical Improvements 9 Approximate size of facilities 9 Proposed improvements 10 Dock and Parking 11 Stormwater Facilities 11 Landscaping 12 Invasive and Exotic Plants, Feral Animals 15 VVater Quality Protection 15 Educational Signs, Displays and Museum 16 Archeological /Historical Resources 16 Permits 17 Easements 17 Business Activities 17 Existing and Proposed Activities 17 Demand 19 Concessions and Leases 19 Management Needs 20 Cost Estimates and Funding Sources 20 Priority Schedule 22 Monitoring and Reporting 23 Exhibits 24 Executive Summary First known as Newhaven, the coastal area located adjacent to the Indian River Lagoon was renamed Sebastian in 1884. Prior to that the Ais Indians fished the waterway for subsistence and recreation, and fishing became the mainstay for the community that soon settled in New Haven. By the end of the 1800s two things helped establish Sebastian as a small but important fishing village. Henry Flagler's Florida East Coast Railroad provided the fastest shipping of both citrus and fresh caught fish to the nation's northeast states. Combined with the invention of the ice machine, it became possible to transport highly perishable products over long distances. In its heyday, Sebastian was home to nineteen fishouses. Today there are very few remnants of the fishing industry although Sebastian is still home to many of the original fishing families. Hurricanes, regulation, nets bans, foreign competition, pollution and development have all played a role. While some finfish is still harvested„ there is also a growing viable market in aquaculture — the production of clams and other marine organisms. The City of Sebastian is within eyesight of Pelican Island, the nation's first wildlife preserve, thanks to the vision of Paul Kroegel and the federal government. Sebastian's waterfront is also part of the Indian River Lagoon national estuary. The City of Sebastian is also in eyesight of the Sebastian Inlet — offering access to the Atlantic Ocean. The Inlet is also known worldwide as the "holy grail" of east coast surfing. With the Stan Mayfield Working Waterfront program the Sebastian area is poised for yet another first as the state's most successful working waterfront program. With its abundant natural resources in the Indian River Lagoon home to various fish and shellfish populations, deep water access, an ocean access point, several free boat ramps, fishing piers and a cultural heritage in the commercial fishing industry, Sebastian is poised to regain its prominence as a fishing village. I introduction The Sebastian Waterfront Collaborative represents a public/private joint effort. All levels of government (City, County, State) will be working with a non - profit organization Fisherman's Landing Sebastian, Inc. to rejuvenate the commercial fishing industry in Sebastian and provide a destination for waterfront and fishing enthusiasts. The vision of the Waterfront Collaborative is to link together several key parcels on the Indian River Lagoon in an effort to educate the public about the commercial fishing heritage of Sebastian through a retail /wholesale seafood house, exhibitions, demonstrations, educational venues and civic events. The sites in this application will help create a destination for promoting one of Florida's primary and historic economic industries — fishing. With this concept, the City not only meets the goals of the Stan Mayfield Working Waterfront Program but also supports economic redevelopment efforts within the Sebastian Community Redevelopment District. Currently, the Hurricane Harbor site is vacant and has been for several years, although Dabrowskil©ffshore Marina is currently utilized by commercial fishermen and aquaculturists. By using CRA funds to match with the Florida Communities Trust's Stan Mayfield Working Waterfront Program (FCTISMINWP) grant funds, the City has the opportunity to use redevelopment funds for their primary purpose — generating new tax bases, and bolstering the local economy through retail, food, beverage and hotel /motel sales and, most importantly, job creation. Both properties are underutilized, but are located within commercial districts that support working waterfront uses and have approved site plans. The managing partner for all parcels will be Fisherman's Landing Sebastian, Inc. (FLS) a 501(c)(3) not for profit. Starting with the northernmost parcel, Hurricane Harbor, the collaborative envisions this facility to be utilized as a destination point for a museum and a fish market and provision of ice while the Dabrowski property will serve the backbone of the "working waterfront" — the commercial fishing dock. Hurricane Harbor — Showcasing Sebastian's Fishing Heritage The Hurricane Harbor site is comprised of 5 parcels totaling 1.4 acres. This facility is immediately adjacent to Offshore Marina, the Fisherman's Landing Sebastian, Inc. project site. This facility will showcase Sebastian's Commercial fishing heritage. Inside the building include artifacts and exhibits of Sebastian's fishing heritage and a focus on how environmental stewardship can assist and augment the commercial fishing industry in the future. The City is partnering with the Department of Agricultural and Consumer Services on a grant proposal that would fund a full scaled, museum quality diorama. When Flagler brought the rail line all along Florida's coast, the long distance transportation of locally caught seafood — a perishable product became possible. Thanks to ice and barrels, manufactured in Sebastian, an estimated 103,890 pounds of fish were shipped in 1895. The City of Sebastian is currently soliciting proposals from interested parties to offer ice to the commercial fisherman for their packing and shipping needs. This will bring back ice to this facility for the first time in nearly 100 years. Also planned for this building is a "wet exhibit" area offering "hands -on clams" either at Hurricane Harbor or as part of the Dabrowski /Offshore Marina parcel (exact location not yet finalized), This entails a display area with raceways where visitors will be encouraged to reach in to see and touch clams in various stages of development. Programs will focus on "how to" clean and prepare fish. The City will utilize a portion of Hurricane Harbor to be run as a retail fish market, offering a broad variety of seafood; daily catch specials, recipes, with a focus on locally produced seafood and aquaculture. Educational opportunities abound for demonstrating how to clean fish, how to craft simple cages for catching species, and recipes from local fishing families. Visitors will have the ability to taste for themselves some of Sebastian's "Tastiest Catch" in a limited food service menu. The City, in conjunction with FLS, will solicit proposals for qualified vendors to offer the fish market as well as some limited food service. The City envisions offering approximately 0 tables for limited food service, served from the fish market counter. Limited food service means foods easily prepared that do not require a full scale kitchen (i.e. steamed clams, clam strips, or the "catch of the day" prepared to go). A vendor for the provision of ice will be sought also. It is anticipated that 40,000 -- 30,000 pounds of ice would be produced each day. The facility would be built into the south side of hurricane harbor where it is easily accessible to the fisherman. While the fisherman will probably use a "bobcat" or a forklift type of machinery to move vats of ice — it may be possible to reinstall the old rail tracks and use carts to move the ice between the depot and the dock. Hurricane Harbor is listed on the state registry of historic places, and has been everything from an automotive garage to an oyster packing facility. The structure probably is mostly infamously known for the liquor smuggling "rum running" from the Caribbean into the United States during the Prohibition years from 1919 to 1933. The owner and entrepreneur, Bob McCain, was later arrested and imprisoned by the federal government. It is part of the City's vision to keep the history of the building as well as the history of the working waterfront alive at these two facilities. Dabrowski /Offshore Marina — Real Working Waterfront This parcel shall serve as a true working waterfront, offering a commercial marina for the dockage of commercial vessels, location of a working fishhouse, and housing aquaculture operations for the cultivation of clams and other fresh water bivalves_ The DabrowskilOffshore Marina site provides one of the few deep water commercial dock still in existence with a running aquaculture venture. The fish house was destroyed in the 2004 hurricane season but has potential for being rebuilt and preserving a part of Sebastian's heritage 4 Commercial fishing and aquaculture industries, history and education all come together at Sebastian's Waterfront Collaborative by creating facilities for the public that provide education and economic opportunities showcasing Florida's fishing industry. Located at: "Hurricane Harbor" 1540 Indian River Drive, Sebastian, FL 32958 "Dabrowski /Offshore Marina" 1526 Indian River Drive, Sebastian, FL 32958 Both parcels are within the City's Community Redevelopment Agency (CIA) and are adjacent to the lndian River Lagoon an aquatic preserve and part of the national estuary. The Hurricane Harbor site will be acquired with 90% of the funds from the Stan Mayfield Working Waterfront Program (SMWWPIFCT) administered through Florida Communities Trust, the City's 10% match funds are from Community Redevelopment Area funds. The Dabrowski /Offshore Marina site will be acquired utilizing 60% the funds from the program while 40% are City's Community Redevelopment Area funds. The City acknowledges that the project site(s) will be developed in accordance with the grant agreement and the purposes of the grant application. These two parcels complete the Working Waterfront Collaborative project and there are currently not any planned future acquisitions. These two properties are cornerstone to the working waterfront, however, to the north the County has acquired the Archie Smith Fish House. The County might be transferring ownership to the City in the future. Its location is less than a mile away and represents another historic fishing village site, Adjacent to the Dabrowski /Offshore Marina parcel to the south is the Sembler parcel that also contains a working dock and has an approved site plan for a Fisherman's Chapel on the east side and restaurant /retail on the west side of Indian River Drive. Also in proximity, the City owns the Main Street boat ramp located approximately one half miles to the south as well as several other passive park riverfront parcels (including the Yacht Club Boat Ramp and Riverview Park) and the County owns the Archie Smith Fish House. Both boat ramps currently offer parking and are operated year round, free of charge. These sites are shown on an attached map, Exhibit B. II Purpose All parcels will be managed as a working waterfront as defined in the Florida Statutes. The Hurricane Harbor site will provide a facility for the activities listed in part "b" while the Dabrowski /Offshore Marina facility will be used for the activities listed in part '`a . (a) A parcel or parcels of land directly used for the purposes of the commercial harvest of marine organisms or saltwater products by state - licensed commercial fishermen, aquaculturists, or business entities, including piers, wharves, docks, or other facilities operated to provide waterfront access to licensed commercial fishermen, aquaculturists, or business entities; or (b) A parcel or parcels of land used for exhibitions, demonstrations, educational venues, civic events, and other purposes that promote and educate the public about economic, cultural, and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. Hurricane Harbor — museum /educational venue areas with interactive displays, wet exhibit raceway offering "hands on" clams. Future potential expansion includes a retail fish market, ice depot and other micro businesses that support commercial fishing. Dabrowski /Offshore Marina — commercial fishing dockage, restored fishhouse with viewing area to see fish packaging /shipping caught by Sebastian's fishing families. Both sites seek to preserve the history and future of commercial fishing in Sebastian. By acquiring one of the few commercial Marina's still in existence can the Florida Treasure Coast — the City will have the ability to ensure that commercial fishermen have a facility for their boats and place to unload their catch. The program provides the funding necessary to help faster and nurture a maritime renaissance that will further protect and continue the historic commercial fishing industry. To achieve this, the City will partner with a 501(c )(3) Sebastian Fisherman's Landing, Inc. (FLS) for on site management and development. Commercial fishing has been subject to many hardships over the past decade, including natural disasters like back to back hurricane seasons and legislative impacts like net fishing ban and other restrictions. Commercial fisherman utilize the City's two public boat ramps; however, many docks have been lost over the years. The Indian River Lagoon, and its prominence as a national estuary provides aquatic resources for fostering aquaculture as well as a gateway to the Atlantic Ocean. In addition to the commercial docks and expanded aquaculture facilities, the local commercial fishing will have a facility to sell their fish. All of the businesses along the Riverfront and Sebastian's business corridor (US 1) have the opportunity to benefit from the increased traffic of day - trippers coming to the waterfront collaborative. The purchase of the Hurricane Harbor and Sebastian Entertainment sites would create a significant destination point for residents and visitors. This additional asset will generate revenue from visitors and residents who come to see, learn and explore our ecological and historical roots. Cultural and heritage tourism is one of the fastest growing segments of the travel industry. By exploring the interpretive historic exhibits which embody the cultural aspects of humanity, visitors develop a sense of place and kinship. According to research conducted by the Travel Industry Association, "81% of U.S. adults who took at least one trip of 50 miles or more, one way, away from home in the past year inc/oded at least one such activity or evert while traveling." In addition, the research indicated that four in ten historic /cultural trips were taken by baby boomers. One third of the trips were generated by households with children. Visitors will spend their discretionary funds on hotel rooms: restaurants, shopping and gas, generating revenue through the bed tax, sales tax and gas flax, providing sources of revenue that address our growing needs for infrastructure improvements. Additionally, by creating this destination point on the waterfront, in conjunction with other projects, private business enterprise will be encouraged to reinvest along the riverfront. The State also estimates that historic tourism is the third leading generator of tourism dollars in the state. By marketing its historic value by the Sebastian Historical Society and educating the Public, we will tap into the historic tourism market which is ranked third in the state for generating tourism revenge. The State, through the Cultural Council, estimates that a "day- tripper" spends anywhere from $71 -$77 per person per day. Day trippers are visitors to the area that may come for an event (i.e. a festival) or simply come to dine at a local restaurant. If an overnight stay is included this figure becomes $135-$156 per person per day. Newer figures from 2008 Florida Visitor's Association (VISIT FLORIDA) indicate the demographics of people visiting the central east Florida region (i.e. Brevard and Indian River Counties) are reflective of the target market for visiting the Sebastian Working Waterfront: ■ mostly of male/female couples (45 %) in 2008. ■ forty percent of visitors had household incomes of over $100,000. ■ Average expenditures per person per day are $106. ■ beach and waterfront activities were the most commonly reported activity ■ visitors come for leisure purposes • this region has the second highest average length of stay at 5.7 nights. • almost half (48 %) of adult travelers were in the 35 -54 age range, the largest of all eight regions; 40% of adult travelers to the region were 55+ years old. Additionally, Visit Florida, estimates that there were over 500,000 visitors to the national estuary - the Indian River Lagoon and that equated into a 15% increase from the previous year. Desired future use — a working waterfront that places Sebastian on the map for "the tastiest catch ". A site where the Hurricane Harbor and Dabrowski property work in conjunction to draw people in and showcase Sebastian's fishing heritage. It will become a destination primarily for day trippers and "stay - cations" for Florida residents. Both sites will showcase Sebastian's fishing heritage. The Dabrowski property will be focused on commercial fishing and the Hurricane Harbor property will be focused more for educational and civic venue, offering a fish market, limited food service, museum, eco -tours and provision of ice for commercial fishing packing /shipping. The management objectives for this site are: 1) Protect commercial fishing by providing dockage for commercial fishing _ vessels. 2) Protect commercial fishing by providing an area for the packing/shipping of freshly caught seafood and aquaculture products. 3) Rebuild fish house that was historically served as the area for unloading 7 and packing of seafood and aquaculture. 4} Provide information to day trippers and residents on the history of Sebastian's working waterfront. 5) Showcase local seafood at the fish market. The City's Comprehensive Plan supports the working waterfronts program and the proposed uses in a variety of ways. One of the primary goals in the comprehensive plan is to protect the "historic fishing village" of Sebastian by preserving waterfront type businesses associated with commercial fishing like raising clams, provision of boat yards, boat repair, bait and tackle, etcetera. The Land Use assigned is Riverfront Mixed Use (RMU). There are several policies in the City's Comprehensive Plan that support the working waterfront: Preserving Riverfront Access as a treasure to be enjoyed by all citizens of Sebastian. The City shall continue to develop programs and identify funding sources to acquire access to the river. (Policy 1- 2.9.6) The City shall support the acquisition of natural areas or open space through publicly funded programs, including the acquisition and development of facilities that promote and educate the public about the economic, cultural and historic heritage of the City. (Policy 1 -1. 7,2) Protect Heritage Industries including citrus and aquaculture (Policy `i- 1.2.3) The acquisition and development of the site will provide additional access to the water, provide educational opportunities regarding commercial fishing in the area and enhance the aquaculture industry. Future Land Use currently in place is RMU Riverfront Mixed Use. The RMU designates a future land use category supports the working waterfront designation and commercial fishing. The land use designation promotes and preserves Sebastian's "Old Florida Fishing Village" heritage. Uses allowed include wet or dry storage of boats, boat sales or rental, bait and tackle shops, fish markets/packing houses and accessory uses for the fishing industry. Therefore, no change to the FLU is anticipated. The zoning currently in place is CWR — Commercial Waterfront Residential. The zoning allows and promotes all uses of proposed for the sites. It is a mixed use district designed to further the goals of a working waterfront and a preservation of Sebastian's "Old Florida Fishing Village" heritage. Uses allowed include wet or dry storage of boats, boat sales or rental, bait and tackle shops, fish markets/packing houses and accessory uses for the fishing industry. Therefore no change to the zoning is required. Potential Conflicts with Adjacent Activities The parcels are located within the City of Sebastian Community Redevelopment Area. The land uses for the project site and the surrounding land is Riverfront Mixed Use. To the south of the property are existing commercial activities including, an existing commercial docking facility, restaurants and the Mel Fisher Museum. To the north of the site are restaurants are motels. The development of the site as a commercial working waterfront described is consistent with the existing mixed use activities. There may some concerns with the more "gritty„ nature of a working waterfront activity. The City will address this potential issue by making sure litter and trash is cleaned up daily and appropriate vegetative buffering is provided around the commercial seafood trucks and trailers. All commercial fishing and aquaculture gear will be appropriately stored and, if needed, a privacy fence will be constructed around any outdoor storage area. Ill Site Development and Improvement The project has a number of existing facilities that can accommodate the proposed activities envisioned in the development of the site. Most of the facilities need restoration, rebuilding or repair but no new structures are contemplated at this time. FCT Acknowledgement The City will construct and install at least one acknowledgment sign identifying the Project Site being purchased with funds from "Florida Communities Trust" to ensure the continuation of the site as a Working Waterfront. The sign shall be at least 3'x 4' in size and include the FCT logo and the year the site was acquired. The sign shall be located in an area visible to any visitor on the site. The City will ensure that the project site is identified in all literature and advertising as acquired with funds from the "Florida Communities Trust" and operated as Working Waterfront. Existing Physical Improvements: Hurricane Harbor site includes an existing building that has been a restaurant but currently is vacant. There is an outside deck, tiki bar, and dock facility. There is paved handicap parking available on the north side, and unpaved parking on the east side. There is outdoor storage on the north side available for fishing gear. The east side parking area could be utilized to provide parking to both sites, as well as parking for boat trailers for the commercial fisherman. The parking lot is very large, and could potentially offer future expansion Dabrowski /Offshore Marina site includes an existing commercial fishing dock with slips, aquaculture structures comprising of raceways and floating upwellers (nursery facilities for aquatic organisms) and the remnants of a fish house. The deck was recently rebuilt and restored to its original size. The Hurricane Harbor site is 1.17 acres in size, currently in five parcels. The building is 5,530 sq. feet, formerly a restaurant with bar. In addition, there are 2,674 sq, feet of deckltiki barloutdoor area. Acreage of Dabrowski /Offshore Marina is .25 acres of land, .75 acres of submerged land. The parking surface is unimproved. The fish house exists as a structure heavily damaged in the 2004 hurricanes and currently open to the elements. The current footprint of the fish house is approximately 800 square feet. The dock is configured in a U shape: with a single dock extending out from the shoreline 41 feet to a platform where the fish house originally sat. From there, two piers extending out 125 feet each form the : "U" with a turning basin for the boats to moor and unload. The Hurricane Harbor site has been vacant for at least two years, as such is in need of some repair. This includes remove /replace roof, remove derelict kitchen equipment, painting and a new air conditioning system. Also budgeted are some funds for replacing dead landscaping on the west side of Indian Diver Drive. Dab rowskifOffshore Marina —The dock system has recently been rebuilt, however the fish house needs to be reconstructed. Additionally, the clam raceways are envisioned to be renovated and provide better functionality for berth operators and visitors. The cost to restore the fish house is dependent, to some degree, on the level of state permitting required for a structure that sits above the water. The fish house was heavily damaged in the 2004 hurricane season and the vision will retain the original "footprint" of the building. The bottom level will be modeled after a classic "open floor" fish house utilizing a rail transport system and provide entry points on three sides (north, east and south). These portals will accommodate multiple boats to unload their catch in two different zones simultaneously. Product will be moved into the fish house where it will be sorted and weighed, iced, packed and transported to the truck loading area using a vintage rail system. Enhancement of Aquaculture - the clam "raceways" (flowing cultivation chambers) presently located on the dock will be renovated to allow for better visibility as an education venue for visitors. Install a "retro" style push -car rail system along the south dock and to Hurricane Harbor. This system allows for the loading of ice, #gait, equipment and other supplies to the fishing vessels. This system will also help fisherman move their daily catch from the dock to the Hurricane Harbor building for packing. The proposed uses for the facilities are: • Retail fish market - promotion of the seafood industry by offering seafood, aquaculture and limited food service. • Museum — interactive and static displays showing Sebastian's fishing heritage and offering a community meeting room, gift shop or various educational seminars. • Interpretive Kiosks — interactive signage at each facility. • "Wet" exhibits of clam raceway, showing clams from seedling size to various stages. • Ice Depot — provision of ice to commercial fishing • Dock — Commercial dockage available for lease to commercial fisherman • Fish House — rebuild a historic structure • "Retro" rail system — install the railroad and push car system to interconnect the two sites and facilitate moving of supplies. • Boardwalk, expanding the boardwalk from the Sembler property through the Dabrowski site and to Hurricane Harbor. • A.quaculture — these are trays that stacked provide flowing cultivation chambers for clams, oysters or other fresh water marine organisms. • Micro business incubator — as space is available, making small leases available to businesses that have a direct link to commercial fishing. The City acknowledges that any proposed modification of the Management Plan and/or undertaking any site alterations or physical improvements that are not addressed in the Recipient's approved Management Plan will require prior FCT review and approval. Dock and Parking Facilities The existing dock for Hurricane Harbor is approximately 165 feet long x 6.5 feet wide, with six finger piers. There are 1,05 paved parking spaces, including 4 handicapped accessible parking spaces offering a handicapped accessible route to the sites. Parking is situated for cars. The parking lot west of the road is currently an unpaved gravel parking lot and at this time there are no plans to pave the parking lot. The southern a portion of the parking lot west of # ndian River Drive will be set aside to accommodate boat trailers and larger vehicles, etc involved in the commercial fishing and aquaculture activities. There are no buildings currently on the land at the Dabrowski /Offshore Marina property, the shell of the historic fish house remains on the dock structure. Parking for both sites will utilize the extensive parking area that is on the west side of Indian River Drive The dock at Dabrowski is approximately 165 feet long, in a U shaped configuration with a turning basin for the boats to moor and unload. There is currently one stamped pedestrian crosswalk connecting the parking lot to Hurricane Harbor. The City will install an additional stamped crosswalk area with pedestrian crossing sign to more easily identify the parking with the visitor amenities. A 'bike rack will be installed at the Hurricane Harbor parcel, to encourage bike to the facilities instead of driving and to enjoy the waterfront and to stop and visit. Stormwater facltes The Hurricane Harbor site has an approved storm water plan (originally permitted through St. John's River Water Management District) that has been installed, and therefore, only maintenance is anticipated. The City has several employees that can oversee maintenance of the storm water system as part of the City's ongoing duties. The proposed site improvements will not have any negative impact on water quality. an the Dabrowski site, any water quality impacts will be addressed at the time of permitting for a new fish house. Any future development on the Dabroski site will be evaluated at the time of development by the City's storm water staff and through the permitting requirements of St. John's River Water Management District. Landscaping The Hurricane Harbor site is currently landscaped, only a small amount of ' landscaping is being proposed to replace anything that has died (one queen palm) AND also providing new landscaping hedges in the west side parking area. The site is heavily covered in trees, although most are in need of pruning to eliminate dead fronds. low-- On the west side of Indian River Drive, where the parking lot is, there are more than 70 trees to shade the parking area, in a combination of native (Live Oak, Wax Myrtle, Pin Oak, 5abal Palm) and tropical (Queen, Foxtail, Canary Island Date, and Bismarck palms, as well as several very large, old Banyan trees). 12 Pictures of trees for the parking lot located on the west side of Indian River drive 13 ,*'►k The Dabrowski site requires new landscaping including hedges, building of some landscaped areas, etc. to increase the aesthetics of a working marina. Trees will be planted concurrently with the fishhouse redevelopment to meet the City's Land Development Code requirements. Stand of trees on the Dabrowski /Offshore Marina facility. 14 Native plant species will be used on both sites whenever possible with plant preference given to those that are salt tolerant and water tolerant: Zamia (cardboard and coontie varieties), buttonwood (in silver or green), fakahatchee grass, viburnum, cordyline (ti plant), wild coffee, etc. Trees utilized will emphasize natives including Southern Magnolia, Silver or Green Buttonwood, and Live Oak. The timeframe for planning the hedge material and removing /replacing any other dead trees is within 180 days from acquisition. There is a small stand of Australian Pines (casusrina g+lauca) on the east side (between the Dabrowski property and a small amount of Brazlian Pepper (schinus terbinthifolius) to be removed. The stand of Australian Pines to be removed: On the west side of the property, there are Brazilian Pepper trees growing between the parking lot and the stormwater tract to be removed. The City agrees to commit to removing the exotic and nuisance species from the site within 180 days of acquisition utilizing the current FLEPPG list, City Staff will remove any listed exotic /nuisance species found. The Brazilian Pepper will be removed using "best practices" methods. Any feral animals, such as feral cats and dogs, which are found on site will be removed from the site in accordance with best management practices. The City will monitor this site annually for nuisance and exotic species. City Staff currently monitor a number of City owned facilities, so these parcels would be included in a regular assessment. 15 Water quality protection Both sites are developed. The Hurricane Harbor site has an installed storm water management system that is in compliance with storm water requirements of the water management district (SJRWMD). The City will work on nuisance species removal from the storm water ditch which will enhance the water quality of stormwater collected in the wet retention ditch. There is no direct stormwater discharge from the Hurricane Harbor site" which has an SJRWMD approved systern. The Dabrowski property will need to address any future storm water needs as part of the redevelopment of the fish house. At the time of development for the fish house, it will be determined if shoreline vegetation may be beneficial in treating stormwater runoff from the site. If so, the City will consider planting sparfina alfemiflora (shoreline grasses) along the shoreline. Stormwater improvements for Dabrowski to be completed within the next two to five years if needed and concurrent with other improvements. The City will coordinate with the Indian River Aquatic Preserve for appropriate guidance and recommendations to avoid impacts to the water quality, listed species and the natural resources in the adjacent Indian River Lagoon. Both properties are within coastal hazard area„ any building permits will meet required wind load for exposure zones, for the national flood insurance program, and State of Florida building codes. Educational Signs and Displays, Museum The City will provide interpretive kiosk(s) or sign(s) that will educate the public about the economic, cultural, or historic heritage of Florida's traditional Working Waterfronts, The City will provide permanent structured displays of artifacts and other items pertaining to the economic, cultural or historic heritage. The City, in conjunction with FLS and the Sebastian Historical Society and other civic organizations, will provide volunteers to staff the museum and provide year round education programming concerning the economic, cultural or historic heritage of Florida's traditional Working Waterfronts of the area. The types of displays will include information about early settlers and Ais Indians as the first "fishermen" up through today's families. Displays will include information on the historic clam industry and how clams are farmed in today's aquacuiture ventures. Special programming will include day seminars on how to build a cast net, how to build a crab trap, how to clean and prepare locally caught fish and "Tales of Sebastian" from some of the older fishing families. Archaeological and Historic Resource No known archeological artifacts exist, but if items are discovered, the City will contact SHPO immediately. The are some historical artifacts on the Hurricane Harbor site_ These are barrels that were utilized during prohibition for rum running from the Caribbean. These barrels will be protected to the best of the City's abilities. Additionally, its anticipated that several local families will donate items of historical significance to the working waterfronts program displays. The City will 16 provide interpretive signage for historic resources. While fishing is a historic industry, the fishhouse that exists on site was built in the 50s and was badly damaged in the hurricanes of 2004. The fish house will be rebuilt in the "fishing village vernacular" architectural style. The largest "restorative" need on the Hurricane Harbor site is to restore the Florida "fishing village vernacular" architectural style by converting the foam roof to a metal roof. This will be completed within 180 days for acquisition. The City will ensure that a cultural resource survey is conducted prior to any proposed development activities on either site; and the City will notify the Florida Division of Historic Resources immediately if any archeological resources are identified. The City will coordinate with the Division of Historical Resources for the protection and management of archeological and historical resources, and comply with the provisions of Chapter 267, 267.061 2(a) and (b), of the Florida Statutes. The City will investigate whether either the old Hurricane Harbor or the Dabrowski fish house qualify for listing on the National Register of Historic Places. Permits Department of Environmental Permitting (or successor agencies) DEP — transfer of Submerged Lands Lease reflecting the City as owner on the Dabrowski /Offshore Marina Submerged Lands Lease. The Hurricane Harbor property has a Board of Trustees deed for the submerged land (attached) adjacent. The City will obtain an environmental resource permit or wetland resource permit for any proposed structures over the water or wetlands at the project sites). Health Department inspections/permit for the sale of fresh seafood and limited ford service. City of Sebastian Building Department permits for re- roofing, exterior improvements, etc. Projects that require building permits will be issued through the City of Sebastian's (COS) building dept. County permits are not required within the City's municipal limits. St. John's River Water Management District — modification of existing stormwatez permits for any redevelopment/construction activities. Easements The City has not identified any easements identified on the surveys and there are no easements being proposed. The City will provide FCT 66 day prior written notice and information regarding any proposed easement and no document will be executed without the prior written approval of FCT. IV Business Activities Existing business activities The Hurricane Harbor facility is vacant, it was a full service restaurant/bar, 17 However, there are currently no business activities on the site. Dabi -owski /Offshore Marina is commercial fishing marina with an aquaculture operation (raceways and upwellers). The existing business activities consist of commercial dock rental, aquaculture operation rental and some processing of fish (packing, sorting, etc) on a daily basis. Proposed business activities on the site, • Retail fish market - promotion of the seafood industry by offering seafood, aquaculture and limited food service. • Museum — interactive and static displays showing Sebastian's fishing heritage and offering various educational seminars. The business activity includes a small gift shop. Interpretive Kiosks — interactive signage at each facility. "Wet" exhibits of clam raceway, showing clams from seedling size to various stages. Ice depot — provision of ice to commercial fishing • Dock — Commercial dockage available for lease to commercial fisherman • Fish House — rebuild a historic structure • Aquaculture — these are trays that stacked provide flowing cultivation chambers for clams, oysters or other fresh water marine organisms. • Micro business incubator — as space is available; making small office leases available to businesses that have a direct link to commercial fishing. Description of the goods /services to be sold on site • Retail fish market - Offering seafood, aquaculture and limited food service like fresh steamed clams. The fish market will support the commercial fisherman by offering a retail /wholesale outlet in immediate vicinity of their boats. It can be unloaded off the boats /docks on Offshore Marina and sold next door at Hurricane Harbor. Museum Gift Shop — anticipated to be limited square footage and would sell items that have a direct link to the commercial fishing enterprise -- i.e. cookbook featuring recipes from locals or "tastiest catch" type t- shirts promoting Sebastian "s fishing heritage. Ice Depot provision of ice to commercial fishermen, will assist commercial fishing rather than having it trucked in from another facility (which adds to the cost of business for fishermen). Dock — Commercial dockage available for lease to commercial fishermen, possibly including a fuel facility only for use by fishermen. The primary activities and revenues collected on site shall conform to the purposes of the Working Waterfront program. All fees collected are to be placed in a segregated account and will be used for the upkeep and maintenance of the site. The principal benefit is derived from the preservation and continuation of the fishing heritage, and not losing that heritage to commercial development (which has typically happened in other coastal communities). IS The limited food service, approximately 6 tables, will indirectly benefit the commercial seafood industry by assisting in the ,promotion of Florida's "Tastiest Catch ". Florida's commercial fishermen annually harvest more than 83 million pounds of seafood with a dockside value of more than $168 million. Retail and restaurant sales of Florida seafood products total $24 billion annually. (Estimates provided by the State of Florida, Department of Agriculture and Consumer Services, Seafood Division) The Museum — the Museum will give local fishing families (some in their fifth and sixth generations) an outlet for preserving and showcasing their heritage. Current and future demand for the facilities and activities The primary customers are "day trippers" those traveling to the area in 2 — 3 hour window. They may come from South Florida, the Orlando area, or even Florida's west coast. An estimated 560,000 visitors travel in Florida to see the national estuary (Indian River Lagoon) each year. See page 6 and a for detailed demographic information. V Concessions and Leases Identify existing concessions and leases a) Hurricane Harbor site - None existing b) Dabrowski /Offshore Marina — leases exist for commercial boat dockage and aquaculture operations. In discussions with the Trustees of the Dabrowski parcel, they have indicated that the fishermen do not have formal written leases. Ail proposed concessions and leases are anticipated to be governed by the lease between the City and FLS, The FLS is a 501(c)3 not for profit corporation. The City will provide a copy of the lease with FLS for FCT to review and approve prior to the execution of the document. The City will provide FCT 60 day prior written notice and information regarding the operation of any concession and no document will be executed without the prior written approval of FCT. The City acknowledges that any fees collected will he kept in a segregated account with the sole purpose of upkeep and maintenance of the Project Site. Submerged land lease for the existing docking faculties on the project site. Hurricane Harbor site — has a Deed for the Board of Trustees of the State of Florida for their submerged land (attached ). DabrowskifOffshore Marina -- attached The City will provide annually a signed affidavit that the submerged land lease is in compliance with all the terms and conditions of the lease, including but not limited to wetslip certification form and any fees due for the use of sovereign 19 submerged land within the leased area. VI Management Needs Management The City will enter into a lease agreement with Fisherman's Landing Sebastian that is similar to the agreement between Martin County and the fishing collaborative in Port Salerno. Another model lease to be utilized includes the one recently approved by Brevard County for Blue Crab Cove business entities "Mrs. Crab Apples Crab Shack and Doc's Bait House ". This contract and any changes to it will not be executed without FCT approval. Maintenance The City staff will ensure that either City Staff or the managing partner will ensure 1) Regular mowing, pruning of landscaping. 2) Keeping the property free of trash through pickup and daily trash removal. 3) Maintenance of the docks. All maintenance will be conducted either by City Staff (from the Public Works department) or through FLS. Security The City will ensure that both sites are secure. Hurricane Harbor has an alarm system, additionally Sebastian Police Department (SPD) will conduct routine patrols that the site is protected from vandalism, theft, etc. The best protection against these types of crime, is to operate the facility instead of the property sitting vacant. The deck and dock on the Hurricane Harbor site will be kept locked when the facility is not in use. Additionally, the City will past the hours of operation. Currently, the Dabrowski site is not fenced, and to keep it accessible to the public there are no plans to fence it. Because this site has constant activity from the commercial fisherman, equipment to secure the site is not required at this time.. Staffing The City is not proposing to create any new permanent positions (FTE). The City will work with FLS and the Sebastian Historical Society to provide volunteers to staff the museum portion; similar to the existing staff for the historical museum next to City Hall. VII Cost Estimates and Funding Sources Structure and Improvement: Hurricane Harbor: $60,000 Roof $10,000 termite /rodent treatment $40,000 A/C 20 $ 5,000 Remove kitchen equipment $10,000 engineering /architectural fees $20,000 painting $10,000 signage $ 5,000 landscaping The funding mechanism for these improvements includes the City's CRA funds which are available to fund 100 % of the costs. However, the City will solicit grants to assist in the costs of renovations. Dabrowski /Offshore Marina: $12,000 Engineering Fees $200,000 - $400,000 Construction Costs* Costs for construction of the fish house are $1.10 per square foot. The original footprint of 30 x 55 will be utilized. For a single story structure, costs are anticipated to be $181,500.00. If a two story structure is feasible, construction costs will be $355,000. Factor in costs for parking and stormwater improvements approximately '$40,000. The Lease between the City and FLS will require that all marina improvements will be conducted and maintained by FLS. Maintenance Annual costs $18,000 per year for insurance, utilities, janitorial, maintenance, submerged land lease, etcetera will be allocated in a pro -rata share between the City and FLS. Maintenance of the docks and raceways will be solely the responsibility of FLS. Security Alarm system and Sebastian Police Department. Staffing To be determined by City and FLS. While there are not any jobs predicted to be created in the first year as part of the program, it should be noted that 13 commercial fishermen rent space at the Dabrowski /Offshore Marina dock, along with five aquaculturists for a total of 18 FTE. Funding Sources The City has a number of funding options, including the Community Redevelopment Agency, Parks /Recreation Impact Fees, and Discretionary Sales Tax. Additionally, the City plans on utilizing private /public partnerships to achieve portions of the project and soliciting grants.. The commercial marina currently yields approximately $2,700 in lease fees for boats and aquaculture. These funds will be utilized for maintenance and improvements. ?1 VIII Schedule Priority Timeline 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Management lease with Fisherman's Landing Sebastian x Renovate Hurricane Harbor X x Solicit vendor for fish market x Open fish market X Open Museum X FCT recognition sin x Install interpretive kiosk X Extend waterfront boardwalk x Install bike rack at Hurricane Harbor x Site planning for the Fish House x Permitting for the Fish House x Coordinate with the Aquatic Preserve on water quality protection measures x Constructing the Fish House x Landsca2ino the Fish House pro2erty x Stormwater improvements on the Fish House property, as needed x Shoreline plantings on the Fish House property, as needed X Renovate clam raceway x Permitting for push—car rails stem x Install a "retro" style push-car rails stem x Site plan for ice house x Permitting for the ice house x Solicit vendor for the ice house X Open ice house X Contact the Division of historical resource to see if the facilities qualify for listing on the National Re inter of historic Places X Photo documentation of the development and management of the site x X X X x x x x x X Invasive exotic plant removal x Invasive exotic plant monitorin_g and removal x x x X x x x x x Monitorin and removal of feral animals x x x x X x X x x x Annual Stewardship Report X x x x X X X x x x 22 IX Monitoring and Reporting The City's Growth Management Department will prepare an Annual Stewardship Report, due October 30 of each year, which evaluates the implementation of the Management Plan. The City will provide documentation that the submerged land lease is in compliance with all the terms and conditions of the lease, including but not limited to wetslip certification farms and any fees due for the use of sovereign submerged land within the leased area. The City will provide documentation, as part of the annual report, that all business permits are current and business fees have been paid. As part of the annual monitoring, the City will require an annual audit of the business activities on site including all revenues and expenses. The City will provide Florida Communities Trust with either the audit report (CAFR) or an executive summery of the audit. The City acknowledges that any proposed modification of the Management Plan and /or undertaking any site alterations or physical improvements that are not addressed in the Recipient's approved Management Plan requires prior FCT review and approval. Exhibits A) Location Map showing the project site in relationship to the surrounding area - preferably a USGS Quad map B) Public Lands Map showing the project and other Working Waterfronts facilities or business in the area C) Master Site Plan /Proposed Improvements D) A copy of the Grant Contact. E) A copy of the existing Submerged Land Lease and Board of Trustee Deed F) Compliance letters from DEP G) FLEPCC list of nuisance and exotic species H) Future Land Use Map 24 oil HOME OF PELICAN ISLAND I Exhibit B - Public Owned Lands - Archie Smith Fish House (awned by Indian River Co.) Working Waterfronts Acquisition (former Hurricane Harbor and Dabrowski /Offshore Marina parcels) �— Sembler parcel (privately owned) 4 �4 �f Main Street Boat Ramp (City owned) w � +mr ry sence 4 Exhibit B - Public Owned Lands Archie Smith Fish House (owned by Indian River Co,) Working Waterfronts Acquisition (former Hurricane Harbor and Dabrowski/Offshore Marina parcels) 7- Sembler parcel (privately owned) 7 Rk X' it., I Main Street Boat Ramp OTYLf HOME OF PELICAN ISLAND (City owned) ILL Exhibit C - master Site Plan �5 ,1 mUINewHod" - seafood �# 4 NarMi PAM Endost" y V1, ICE ....... _�.,.. T.,....,..�. _.� .......... 01- 1, IT FI-T P71F{MIiYG �r k wo Rai °_ a A Y' Y � Y Y Y � y Y a k l �t �t y} 5 a. t'• Florida Conlmuni�-Tles Tffusi May 07. 2009 Ms. Rebecca Grohall Growth Management Director 1225 Main Street Sebastian, FL 32958 RE: FCT Project Number: 08- 003 -WWI. r,. City of Sebastian Sebastian Working Waterfront Collaborative Dear Ms. Grohall: MN( 11 2099 Enclosed please find a fully executed original of the Grant Contract and Confidentiality Agreement for the above - referenced Stan Mayfield Working Waterfronts C Florida Cannraunities Trust Project. If you have any questions, please contact me at (850) 922 -1692 (SunCom 292 -1 692). Sincerely, t Jay Sircy Grants Specialist W jsl Enclosures DEPARSrrr�NT of C[ mm-LiNiTYAuArRs ■ 2555 SHUMAJW ©ax sQULEVAM • TAU-kMssu, FL 32399 -2100 8501922 -2207 a SuNCo.A 292 -2207 • FAX 8501921 -1747 r-•. FCT Contract Number 07 -CT- C1 -f1$ • F8 - A _Wa3 FLORIDA COMMUNITIES TRUST 08-003-WWI SEBASTIAN WORKING WATERFRONT COLLABORATIVE CSFA # 52.413 STAN MA.YFIELD W OREING WATERFRONT GRANT CCONTRACT THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES ( "FCT "), a non - regulatory agency within the State of Florida Department of Community A.f the-ff7�'OIa EI3A g'1 , apolitical subdivision o t e State o Florida ( "Recipient "). TRUST airs, and 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 3 84, Part 111, 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 ") 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 Cominuriities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of two point five percent (2.5 %), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit working waterfront organizations for the acquisition of working waterfronts; WHEREAS, the Florida Forever funds may be issued as tax - exempt bonds, meaning the interest on the bonds is excluded from the grass income of bondholders for federal income tax purposes; WHEREAS, Rule 9K -9, Florida Administrative Code ( "F.A.C.') sets forth the procedures for the evaluation and selection of lands proposed for acquisition and Rule 9K -10, F.A.C. sets forth the acquisition procedures; 08-003-WWI April 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 lay 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 vlro e pr—icc s are selected or unding; 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; L PERIOD OF AGREEMENT I . This Agreement shall begin upon the Recipient's project being selected for funding and shall end April 15, 2010 ("Expiration Date "), unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article )(III of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if FCT determines that significant progress is being made toward the acquisition of the Project Site or that extenuating circumstances warrant an extension of time. If FCT does not grant an extension the Recipient's award shall be rescinded and this Agreement shall terminate. II. 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. M. DEADLINES 1 _ At 1 east two original copies oftlais Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399.2100, as soon as possible and before May 15, 2009. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an 08-003 -WW1 April 15, 2009 SNfWW - GC _ J_ ,. 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. .ft-.. 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 mariner. 4. N late�tla- MQ[l9; theei}ienhallieliver to-FT —a writterstat 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 carnmenced prior to FCT receipt of the executed Confidentiality Agreement. IV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient C 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 fugal 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 Iess, 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 April 15, 2009 Si'VIWw - 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 farm 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 disbursernent 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 rovided — by- the-Reeipient; f-my-is-requir oun of M-6 17C I 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 at' 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. 5. 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 - inaocially perform pay under #his Agreement is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 215, 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; 0 &003 -WW1 Apra 15, 2009 Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 1 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 Titles; Growth Management Director Address: 1225 Main Street Sebastian, FL 32958 Phone: (772)388 -8228 Fax: (772)388 -8248 E -mail: rgroha 11 @c i tyof sebas tiara. 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: am inner@cityofsebastia-a.org S. 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. G. The Recipient hereby notifies .FCT that the Recipient's Federal Employer Identification Number(s) is 59-6000427 08-003-WWI April 15, 2049 SNPvVW - GC -5 ,W 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 subinit 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 FCTto provide Reasonable Assurance, as set forth in paragraph VIIA. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 3 50.510(3), Fla. Stat. Such approval is deemed given when FCT approves and executers the purchase agreement for acquisition of the Project Site, further described in paragraph VI.I .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_ S. 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(11), 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. V11. 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 05 -043 -WWI April 15, 5409 SNIWW - cc -6- approved a Management Plan that complies with Rule 9K -9.0 10, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VIII, I , X and X1 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 ofthe proj ect 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 info nnation 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 purposes) ofthe project and the identification ofthe source of funding for management. In the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocai 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 ofthe site in perpetuity pursuant to Section 259.105 and Chapter 380, Part 111, Fla.Stat., the Recipient(s) shall be required to provide FCT with Reasonable Assurance, pursuant to Rule 9K- 9,002(19), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient is a Non- profit Working Waterfront Organization and does not include at least one Local Covent partner, 08 -003 -WWI April 15, 2009 SMW . - GC - ]- 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 theprojectis. located, or a managing agency of theBoard of Tru§tees to act as a backup manager to assurneresponsibility 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 theunauthon'zeduse 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 aerations 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, FA.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. VIM. SPECILAL MANAGEMENT CONDITIONS .4ft., 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 particul ar to the project site and result from either representations made in the application that received scoring points or observations made by FCT staffduring the site visit described in Rule 91C.- 9.007, FA.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 31 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. 08-003-WWI April 15, 2009 SMWW - GC 5, Annually the Recipient will provide a letter from the Department of Environmental Awft 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 1:.1. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSED BY CHAPTER 259 AND CHAPTER 380, PART ni, 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 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 of,Restrictive 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 ofproj ect 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 (3 0) days after receipt of notice of the violation_ Ifthe curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time fiarne for the completion of the curing D8- 003 -WWI April is, 2009 smvnv - 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 ofTrustees 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 COMITION 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 playa 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 funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances may have negative legal and tax consequences under Florida law and federal income 0$ -003 -WW1 April 15, 2009 SMW -.GC. -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; 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; C. 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, atier 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 inparagraph 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 ARRANGEMEN'T'S BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTI'T'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- one -ww1 April 15, 2009 SNIWW - GC -11- BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY- X11. RECORDIUFPING# 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 UXC esS_UfS500;00 linany tiscal year of such Recipient —the Recipient must have a State single or project - specific audit for sueb 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 10.554 (local government entities) or Chapter 10.650 (nonprofit organizations), Mules 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. AM. 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 14.650 (nonprofit organizations), Rules of the Auditor General. It may be necessary for the Recipient to amend prior fiscal year audits to account for receiving the FCT grant funds because the determining factor of when the expenditure must be accounted for is when the expenditure is made, not the signing of this agreement. Per Department of Financial Services Rule 691- 5.004(2)(a), Florida Administrative Code, the determination of when State financial assistance is expended should he 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 $500,004 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). 08- 003 -ww1 April 15, 2009 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 agreernont 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 M 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 `101, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 ^` 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) yearn 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 C X?AA') who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. XIII. DEFAULT; REMEDIES; TERMINATION 1. lfthe 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 Ev ents of Defaule'), all obligations on the part of FCT to make any further payment of funds hereunder shall, if FCT so elects, tezrninate and FCT may, at its option, exercise any of its remedies set forth 0"03 -WWI April 15, 2049 SMWV4' - GC -13- herein, but FCT may make any payments or parts of payments after the happening of any Events of Default without thereby waving the right to exercise such remedies, and without becoming liable to make any further payment. The following constitute Events of Default: 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 thereunder, 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 P,ecipient 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 leastthirty (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_Z_ herein; 03 -003 -WW1 April 15, 2009 SMWW - CC 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 ofnon- compliance or lack ofperformance or issuing a written -14- warning to advise that more serious measures may be taken if the situation is °R not corrected; or e. Exercise any other rights oz remedies which maybe otherwise available under law, including, but not limited to, those described in paragraph IX.3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; failure to make significant progress toward the closing(s) of the real estate transaction(s) and Management Plan approval; and refusal by the Recipient to permit public access to any document, paper, letter, or ether 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 else Pi U- MUDS U1 ocu ion , la. a . until a Purchase Agreement is executed by the Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agreement is executed, there 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 hate 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. X].V. LEGAL A[3THORIZATION 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 beady 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 -Wwu April 15, 2009 SMWW - GC -15- granted to FCT under the terms of this Agreement shall survive the terms and life of this lmft, Agreement as a whole. 3. The Recipient agrees to comply with the Americans With. Disabilities Act (Public Law 101 -335, 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 telecommuWcations. 4. A person or affiliate who has been placed on the convicted vender 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 or'k as-aicontract , supp ter, 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. S. 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. .0-W• IN WITNESS EREGF, the parties hereto have duly executed this Grant Contract. 4 CITY STUN FLORIDA T1ES TRUST By: By: P t Al M%zmer Ken Reecy Title City Manager - Community Program Manager Date: 2- Date: �! Approve t rm d L ality: Approve as tO ann and Legality: By: By: Print N e: Robert A. Girhurg, Kristen L_ Coons, Trust Counsel ATTEST: Sally A. Mai , MMC - City Clerk 08 -003 -W Wl April 15, 2009 SMWW -- GC -16, - Contract No. -er- E -1 -Q9- Fg -,41- tJWj? FCT Project No: 08 -003 -WW1 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 -SNLV application -48- 00-3 -W that-wa; s lee'L JI'Verf nding-and-is- ggoveme by a Grant Contract for FCT Project Number 08- 003 -WW1 („Project Site "). Confidentiality: a) Pursuant to Rule 9K- 10.002(8), F.A.C., the term. "Confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07, Florida Statutes (F. S.). b) The Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and counteroffers as required by Section 125.355(1)(a), F.S_, for counties, or Section 166.045(1)(a), F.S., for municipalities, and Chapter 9K -10, F.A.C. The Recipient may disclose such confidential information only to the individuals listed herein below. c) Requests to add persons to the disclosure list shall be made in writing. Upon the written consent of the FCT Community Program Manager, the Recipient shall execute an Addendum to the Agreement. All confidentiality requirements outlined above shall apply to individuals added to the list. d) The undersigned board members and staff of the Recipient and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and counter - offers concerning FCT Project Number 08- 0003 -WW1, as required by Section 125.355 (1)(a), F. S., for counties or Section 166.045 (1)(A), F -S, for municipalities, Chapter 9K -10, F.A.C., and this Confidentiality Agreement between the Recipient and FCT. 08- 003 -W'W1 4/15/2009 0 The undersigned certify that they have no legal or beneficial interest in the Project Site. Date 4Z22/2009 4/22/20019 4/22/2009 4/22/2009 4./.22/2009 i4rJAIM -- G/22/2009 4122/2009 Cl BI Ti Recipient Board Member, Signature Staff or Agent Name r Mayor Richard H. Cill=r Vice az Jim Hill Council Member Andres Coy Council Maaber Dale Simchick , Council Member Eugene Wolff Al Minner, City Manager Rebecca Grohall, Growth Mvnt. Dir. Sally A. Maio, City Clerk Date: 2 q4 oq m s form and legality: Fay: Robert A. Ginsburg Title: City Attorney AT'IEST Sally A. Mai , MMC - City Clerk 08-003 -'WWI 4A5/i669' " - FLORIDA COMMUNITIES TRUST By: Ken Reecy Community Program Manager Date: 5--7 - v] Approved as to form and legality: By: Kristen L. Coons Title: Trust Counsel w STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to calf home„ CHARLIE GRIST THOMAS G_ PELHAM Gvvemor Secretary May 25, 2010 Ms. Rebecca. Grohall'`�) #' Growth Manag rnent Director 251 ain Street - -- Sebastian, FL 32958 RE: FGT Project Number: 08- 403 -WW1 City of Sebastian Sebastian Working Waterfront Collaborative Dear Ms. Rebecca Grohall: Enclosed please find a fully executed original of Addendum One to the Grant Contract for the above- referenced Florida Communities Trust Project. If you have any questions, please contact me at (850) 922- 1+692. Sincerely, Jay 5ircy Grants Specialist 1V jsl Enclosures 2555 SHUMARD OAK BOULEVARD + TALLAHASSEE, FL 32399 -21DO 850- 488 -8466 (p) + 850 -921 -0781 (f) + Website. www.dc0.State_fI.us e COMMUNITY FIL,ANNING 850488- 2356(p) &'0408-3309(f) a FLORIDACOMMUNMES TRUST 860-9n-2207(p) 650-921-1747(Q ► h HOUSING AND COMMUNFTY DEVELOPMENT 8504813-79,56(p) 850.822 5623 (9 FCT Contract Number 0-07, ,61- of Fg- Al -0n3 .� FLORIDA COMMUNITIES TRUST WWI Award Number 08 -003 -WW1 SEBASTIAN WORKING WATERFRONT COLLABORATIVE ADDENDUM I TO GRANT CONTRACT THIS ADDENDUM I is entered into by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF SEBASTIAN, a political subdivision of the State of Florida (Recipient), this day of M&I 2010. NOW TT1=F01ZE;-FCT and the Recipient muta-ally 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 unposed 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: I. 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 I_ 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 _ GCA.MD.1 3. The Grant Contract by and between FCT and the Recipient is hereby extended until October 15, 2010. This Addendum I and the Grant Contract embody the entire agreement between the parties. All ether 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 1. ClTY / 3F BASTIAN FLORIDA COMMUNITIES TRUST LL,, f n Al N City 01 16, Date: Y/ Approved as to Form and Legality: By: Robert A. Ginsburg 08-003-WWI April 15, 2010 GCAMD.1 2 Ken Reecy Community Program Manager Date: -5,' I { fo Approved to Farm and Legality: 13y: Kristen L. Coons, Trust Counsel --kl A Solt Florida Dp Charlie gist . m Governor Environmental Protection Jeff Kottkainp Lt. Governor LORO Central District F-A'�- 3319 MaSuite 232 Michael W. Sole Maguire Boulevard, S -u Orlando, Florida 32803-3767 Secretw-y BY ELECTRONIC MAIL iik@euro6O.com Sebastian Harbour Ltd and OCD-ERP-10-0183 Condor Enterprises of Palm Beach hic. and Dancu Holding Inc. c/o Norbert K-reyer 16 NE 4� Street, Suite 110 Ft. Lauderdale, FL 33301 Re: Indian River County - ERP OGC Case No. 06-0891 Case Closed Dear Mr. Kreyer: 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 Apri130,2010 Date cc: Alissa Meyers, FDEP Lea Crandall, OGC Kris Tifflodi, Central District Rebecca Groliall, City of Sebastian, (r9-Tohall@ci!yofsebastian.or y) Eugene Popow, (Li�vstaltreefteUsouth-net BY CERTIFIED MAIL 917'108 2333 3936 6376 8770 Henry J. Dabrowski Irrevocable Trust UTA July 17, 2007 c/o Herbert V. Morrison. FBO Henry J. Dabrowski Trust 28826 Rarnblewood Dr. Farmington Hills, Ml 48334 Florida Department of cinaio mor �overtsar Environmental Protection Jeff Kattkamp Central District Lt. Govemor 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: 0CD- ERP -10 -4128 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) 8994 -7555, x2246, at the letterhead address, or at Sirena.Davila @dep.state.fl.us. Thank you for your cooperation in resolving this matter. AW /sd /d.f Enclosure cc: Steve Gutman (sgutman @bodmanllp.corn) Sincerely, V+_A/v �+ A n atkins Submerged Lands and Environmental Resources Permitting Date: -3-2-q-10 Rebecca Grohall, Growth Management Director, City of Sebastian (rgrohaU@cityofsebastian.org) Kristine Jones, OGC Lea Crandall, Agency Clerk Kris Tulloch, DEP 1 4z 'f t-e l� i / 094r-i'93 9` IUL 15 F11 L- 14 This Instrument Prepared By. Charles W. Horne Bureau of Land Management Services 39DO Commonwealth Boulevard Mail Station No. 130 Tallahassee, Florida 32399 Q. -THE RECf'RCV. 7717 , EFFR -Y 1(_ 5AR7- �'V7i+�.N BOARD OF TRUSTEES OF THE INTERNAL IMPROV1l4NT TRUST FUND OF THE STATE of FLORIDA 90.3100064 84 k f �'' SOVEREIGNTY SUBMELGED LAND LEASE RENEWAL 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 zees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to Henrl J. Dabrowski and Anna Dabrowski , hereinafter referred to as the Lessees, the sovereign lands described as follows: A parcel of sovereign submerged land in Section 06 , Township 31 South , Range 39 East , in Indian River- I Indian River County, containing 17,925 square feet, more or less, asks more particularly describe and shown on Attachment A, dated October 2, 1989 To HAVE THE USE OF the hereinabuve described premises for a period of 5 years from August 15, 1994 , the effective date of this lease. The terms and conditions on and for which this lease is granted are as follows: I. The Lessee is hereby authorized to operate exclusively a commercial dockin facilit in con unction with u land laoat re air services with fueling aci ides, w t out sewage pumpvut aci tses, and wtthaut liveaboards, as shown and conditioned in Attachment A, and the Department R Environmental. Regulation Permit No. 31- 39- 0048 - -4E, dated January 24, 1979, ,attachment B_ 2. The Lessee hereby agrees to pay an annual lease fee, plus sales tax pursuant t❑ Section 212 -031, Florida Statutes, if applicable, of $1,254.75 The annual fee fox° the remaining years of the lease shall tie adjusted pursuant to previsions of Section 18- ,21.011, Florida Administrative Code_ The lessor will notify the Lessee in writing of the amount and the due date of the annual payment. Thee lease fee shall be remitted annually to the Division of state Lands as the agent for the Lessor, beginning with the effective and due date of this lease, and each year thereafter until the term of this lease terminates or expires, 3. The Lessee shall pay a late charge equal to tnterest at, the rate of twelve percent (129) per annum from the due date until paid nn any leasR fees or other charges due hereunder which are not paid within 30 days of their doe dates, 4. The Lessee sha h provide upon request by the Lessor any ar: Eiji information in a certified farm and to calculate the lease fee specified in paragraph two (2) above, including wet slip rental information, if applicable. In addition, if the wet slip rental rates change during the year, the Lessee shall submit a revised rate schedule within 30 days following the effective date of the rate Change_ The Lessor reserves the right to assess retroactively additional payments when the actual rental rates or total number of linear feet foi rent used to determine the anrival payment differs from the rental raters or total number of linear feet for rent supplied by the Lessee. LR -2 04/25/94 [0ij Q ra -TJ C.1'7 C.L? S. For purposes of this lease, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 6. The Lessee shall secure, maintain, and keep all records for the entire term of this lease, plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease payment verification purposes by the Lessor. 7. This lease is given to the Lessee to use or occupy the leased premises only for those purposes specified herein. The Lessee shall, not alter the approved use of the sovereignty lands or the type of use of the adjacent uplands (e,g „ commercial to multi - family residential) without first obtaining the Lessor's written authorization in the form of a modified lease and the payment of additional fees, if applicable, and the removal of that portion of the original structures which are no longer authorized under the modified lease. 8. The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the lessor. 9. This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect_ 10. During the term of this lease, the Lessee shall maintain a leasehold or fee simple title interest in the adjacent upland property and if such interest is terminated the lease may be terminated at the option of the Lessor. prier to sale and /or termination of the Lessee's leasehold or fee simple title interest in the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do d. so will not relieve the Lessee from responsibility fcr full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and /or penalty assessments incurred prior to such act. 11. The Lessee shall investigate all claims of every nature at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the state of Florida from all claims, actions, lawsuits and demands arising out of this lease. 12. Lessee waives any venue as to any litigation arising from matters relating to this lease and any such litigation between Lessor and Lessee shall be Initiated and maintained only in Leon County, Florida. 13. The Lessee binds itself, it successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein, this lease may be terminated by the Lessor upon thirty (30) days written notice to Lessee. if cancelled, all of the above-described parcel of land shall revert to the Lessor. All coats and attorneys' fees incurred by the Lessor to enforce this provision shall be paid by the Lessee. All notices required to be given to lessee by this lease or applicable law or administrative rule shall be sufficient if sent by U.S. Mail to the following address: Henry J. Dabrowski Sebastian Offshore Marine, Inc. 1532 North Indian River Drive Sebastian, Florida 32958 C= 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. F\ Page 2 of 16 Pages c sovereignty submerged Lands Lease No. 3100076464 C3 0 14_ The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and desi.ription which are now or may be hereafter lawfully assessed and levied against the subject ,property during the effective period of this lease. 15. The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or Illegal operations of any kind on the leased premises, 16. The Lessee shall maintain the leased premises in goad condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises Abell be subject to inspection by the Lessor or its designated agent at any reasonable time.. 17. Na permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased area. No restaurant or dining activities are to occur within, the leased area. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water - dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation /realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fineb under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures its a goad state of repair in the interests of public health, safety and welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. 1B. The Lessee shall not permit any vessel required to be registered or titled under Florida law to moor or dock within or otherwise use the leased area unless such vessel is registered or titled in accordance with Chapter 327 and 328, Florida statutes. 19. The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor, in the form set forth in Attachment C , in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible, at any time during the term of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 20. No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches, 21. Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Page 3 of 16 gages Sovereignty Submerged Lands Lease No. 310006484 C+ --c C' CJ C. ti 22. Renewal of this lease shall be at the sole option of the Lessor. Such renewal will be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that Lessee is in full compliance with the terms of this lease including the construction requirements set forth in Paragraph 1, the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. if the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the riparian upland property more specifically described in Attachment D which shall run with the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in interest. 23_ If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in item 13 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 24. Any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained an state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the Lessee in its uplands enforceable in summary proceedings as provided by law. 25. The Lessee, at its own expense, shall record this lease and any subsequent approved renewal and/or modified leases in the official records of the county within which the leased site is located within fourteen days after receipt of a fully executed copy of this lease, and shall provide the Lessor with a copy of the recorded lease indicating the book and page at which t;ne lease is recorded_ 26. In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 27. This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that {a) Lessee provides to Lessor an acceptable engineering drawing of the proposed lift; (b) the location or size of the lift does not increase the mooring capacity of the facility; and (c) written approval of Lessor is obtained prior to the installation or construction of the lift. A copy of such authorization shall be attached to the lease. 28. Lessee shall place and maintain covered, secure trash receptacles, preferably of 50 gallon capacity, of a sufficient number and at appropriate locations on the overwater structures within the leased area to encourage facility users to discard litter in an acceptable manner ar,d prevent litter from being discarded into the waters of the State. Immediately adjacent to the trash receptacles, Lessee shall post signs the size of which shall be at least as large as 18" x 24" with white lettering on green background to carry an appropriate message such as DON'T BE A LITTER BUG; PLEASE PLACE TRASH IN RECEPTACLE; or TRASH RECEPTACLE. ru f"V Page 4 of 16 Pages --0 C7 Sovereignty Submerged Lands Lease No. 3I0006494 Ln 4 29. Prior to comYriencement of construction and /or activities herein, the Lessee shall obtain the U.S. Army of Corps of Engineers JCOZ) permit if it is required by COE. Any modifications to the construction and /or activities authorized herein that may be required by the COE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and /or any activities on sovereign, submerged lands. 30. SPECIAL LEASE CONDITION; Lessee shall install and maintain manatee ,awareness signs, at locations and of a format acceptable to the Division of Marine 1esources, Office of Protected Species Management, advising boaters to exercise cautI0n due to the presence of manatee in the area. Thu Lessee shall install and maintain manatee information displays, in locations and of a format acceptable to the Division of Marine Resources, Office of Protected Species Management, informing the boating public of the habitat and mannerisms of the manatee and potential threat boats can impose on the continued existence of the endangered manatee. The Lessee hereby accepts the responsibility to contact and comply with the requirements of the Division of Maxine Resources, Office of Protected species Management, MS 245, Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, Tallahassee, Florida 32344, within 6 month of receipt of executed lease. The Les�iee also agrees to provide an affidavit signed by the Lessee stating the required signs and displays have been installed and satisfy the requirements of the Division of Marine Resources, Office of Protected Species Management. Page 5 of 16 Pages Sovereignty Submerged Lands Lease No, 310006484 wITNE Origzn 1 si na ure � Typed Prit1 o d Name f h`stness Origins Signature i � Typed Printed Name o Witness BOARD OF TRUSTEES OF T IMPSOViWENT TRUST FUND SY N7 F2% Daniel T. Crabb, Bur# C Bureau of Land Managemen Services, Division of State Lands, Agent for the Board of Trustees of the Internal Improvement Trust Fund "LESSOR" STATE OF FLORIDA COUNTY OF ,[EON The, poregoing instrpinent was acknowledged before me this r , 19_y , by 'Ifer known to me. APPRO D AS TO FORM AND LEGALITY — 2 k'� OE y Sf s day of ".= SYLVIA Y. SCOTT =r: MY MMMt ION ! M2%550 E1cP{F1€5 YY My 25. 1997 TW9!;m FAW &-tllll" IW- WITNESSES: r O ig ,l Signature Belson L. Caldwell Typed Primed Name of witness Original Signature --- Edward Piendel Typed Printed Name of witness STATE OF Michj an COUNTY OF Oakland My commission Expires: commission/serial No. [� / Henry .7. Dabrowski and Anna Dabrowski SEAL Le�en,- BY O a ture f Executing Authority Henr J. abrowski Type r me Name o Executing Authority /� i BY l /] Original Signature of Executing Authority "LESSEE" Anna Aabrowski Typed Printed Name of Executing Authority The foregoing instrument was acknowledged before roe this 18th day of eraona eY 19 by D Yi1WSk1 w- whra'i i.,. [are) P y lcnown� c me or who his Produced w:... identification. .a 5jrl My Commission Expires! .M _ n?k a , s n `: ~ r �a „': : _., _ -, -_ ___ 9/011/96 notary FupiL i c, s 81 CammiasiondSerial Na. page --!E— of 16 Paget ` >!'"• F�� Sovereignty Submerged Lands Lease No. 310006494 C G" Cs - DE,?CR7F?SOV QT i.Ee6aE ARE%: PJ:.tA n w�-9f`' LAAC3 3N IT6 IF'e,971J: R., 1L, I3e•tT'ESd14<7t1' LPT i,, SFL"[fCN! 6,- '1QdY*.i`F1Y 3I SOUN, RANG 39 RINK RrA71 COev^r, rLOR=A. =" m3w suet ESCR= A5 FOLLOWS: U3Y4TICING _ AT 117E INSFFSEC71ON Of TKE SOUN Llk OF MIM -RUN'S .9.1ijvISICN OF no- CITY OF 51lW IAN AND IHE EAVT FUGfr -OF-WAY r ' LINE OF DIXIE HIGHWAY AS AXOR 3w W PLATBOOK 1, PAM 56, PUBLIC X76 CIF it�IAN RIVER Lt7L7'ilY. FLORSOAI THisilE N251251 00 -N (A° SFARIEri FOR PESCRSr ION P0KIS : # A:ANG SAID LkMMP Y klOh'- OP-WAY LINE, 46.48 PUT 'IO A rolhTt HALE m N67151116'E, 176.77 n= TO 11M E'W OF aN EXLSTING (DCRM BUL%11EAA WALL A= BEING 'SHE POINT OF B Lhr4TNr_ ' 'l10310E Ouni -A1£ N67.51'161E. 190.00 F121r; M074CL N22'0844'W, 135.00 FEET: 7UNM 560'1510)'W, ]81.07 FtET: T11�CE 523' ,4. 76'38 "E, 99,07 FEET; 7F117rC"' Sb7'53`35'W, 13.30 Fk7rF TO 1NE FJ6fi* ti E OF SAIU CtfitCFEFC tiUL%I "AD NALL1 TrIENM 523123'26'E .;,:AL*C FA4'r FSr_• OF SAID cosr -Mm BULVMW WALL, 12.00 r= BA X TO 170x• POWP OF BMIfa1ING. LESS At40 EXCEPT THE 6` 7XCWFM 3FAii 6RM { 19CR CSR 13IOP07, BEM MME An.LY D=ZBF37 AS FOLLO,6: 0:vr N AT 7T1E 1 '104 -OF 7H& Sours '..:.. HE QF MIDDLWON'S SLWIVISI(N OF TH2 CITY CF S SASNM AM IK ZASF R3,31T'•QF­WAY LIDS OF DIXIE NIGWAY, AS Fifa R= ° -IN PLh7S= 2, PAGE 56, PMLIC 1i MRSSS OF INDIAN RIVER OJIAEYIY. F7DRIOA OQ N25`25'00'W (AN ASSLMM BEARING FOR DMCAIP=4 I PURFCOM) -ALCN0 SA_TD EASA£StLY AIGlf'-0FkAY 46.0 FELT 70 A FQ1NT; TKE!' T N67'SF114'E 126.73 FFFr 70 7"r rjm EDGE OF AN; DaSTING DOK_PcEtE S.YGPII°AU WALL: 711F]1[E x23123126'14 ALONG 777£ EAST EDGE DF SAID WAIT. 2.00 FZ 'T 76 •tttE 5.!F. GDmeR -`-, 0.7 AN.=US71M W_-O EC D= AND 'n L8 P0I14r Cr DL'GINNIM.- Z Nrx N07151 ,16,c ALDNG nir SD 1 SICC CF SAID Wc�X 95,75 �7w 7.}ffiYC¢ DCtl "D8' /d'W <.80 FFS.F; TILM9= 007'51'Wr 90.50 F=; 7MENCE N22'QA44'N 6.00 F7iEr; m1F34C8 S67'51'16h4 64.00 "FFJ7: Tumx x72`081441W 35..01) F'ECT., I](F= S67'53.I16'W 30.00 Ft-ET, TUNCE H22"08 144"W 10:00 37:'2:7'; T'Wcz 567'511A -W W'D<TAE Si2'05'44'E 45.00 FEI •- MUNCE 50715111" 64.47 P=L 70 7HE S4ST SIM OF SAID MJST1NG COW_.)�7S - SULVICAD WALL: InM14CE S23'23126'E 10.P0 F = B4CZ TO 711E F03NT OF SWINNINGI SAID (EASE AR£1, CUNTAIN3AG 17.925 so. FEET NQRE OA LESS. PQ RCE Cr- DrSr3NR w A431S 'r DEA4Ap= - FAIT A-GT.:WE PUN JKHFAr ASIV&WO 7D Of 10757GDP'r . X LILMIFNIFII W'EC4W xeYa ACNOAWAW CC$0W W - SWASS 050 14 14 CO GMa rr TALL (,457 S4X- &X iWSMJ LWAVD GM IWW Tiff SEOASAW 11REVM' 0 AMCLANO, fL f7A16'fD (I#3NtY33} EF£YAT7W TCiC+F3 Location Map Nort7 Attachment A Page 7 pages y ' �_ �;r ✓! SELL No. 310006486 scale: 5o' � � c►aHt ".� rte: � :, 6. 3 O� T yA}4 x:,75 R° lr ASE AACA V w ANP_NCRWRLY R`AAA:AN 1JW Legend f Grandfathered included STREET ADDRE TYPE OF SURVEY I svwrnxr, L Nvy, 3006 z 1__'_%Z 55 .� eD7.g5 �" Fk37Wr DCi7(t � ~ � n `onto -50 i +� N d ' 1 �i t [ur rr a rASa. _ d4s ,� ti iu +..Tl9. o• PALL . 6! 1 C S W -WA>_Y Rv"AR+AN uAr err ■r..e i SOUTH LINE OF I.i1DAtf 74x'3 L78ra. PER PS 7, PC. 56 �WDIAN RIWER CQUNTYL ,F 13 ATE REV.SIONS -Legal CERPRCA1 I MW. ROD REED HEREBY CD?77r_r rrlr4T THE SU, VFr .SHOMN HEREGW 71 ; WAS P€R rCd`iVED ANN SAID SURVFr WrfTS 7FIE MWVI64U{ TrCHNICAL SFANDA,W5 F4VIZSUAV7 7D SFCiIRW 472,027 OF THE FZCMDA STATU7E$ AND 27HH•t6 Or THE ARMINISTRA 17 V CL3'7E MR7MED TG. +EAar c uAeAa.s0 .� ? ROD ReaW R.LS { 975 } 3 MAS TELLER, UOLER & REED INC. PROFESSIONAL LAND SURVEYORS PAST OFFICE BOX 7045 r--- -- PHONE -589--,81D -589--,81D SEBASTIAN, FLORIDA 3958 DRAWING � u �Fr7 rlrM A,i CAS 1 ' J �( 1 powrom'F 1AP13 (4savC pow t� 0. & eV LLMAW G.HCRSw 4 KF' D.le, +.Pr 3 iPACE a AW8: Ar lAPS IRG_ /IOWA r1 v, o sWnofuvr� j JII 1G• V ywr L 1 wA +wrWA ,w WAAL Y,u.L ON- x`. Ivdi.'�,,R7 r 0'� Legend f Grandfathered included STREET ADDRE TYPE OF SURVEY I svwrnxr, L Nvy, 3006 z 1__'_%Z 55 .� eD7.g5 �" Fk37Wr DCi7(t � ~ � n `onto -50 i +� N d ' 1 �i t [ur rr a rASa. _ d4s ,� ti iu +..Tl9. o• PALL . 6! 1 C S W -WA>_Y Rv"AR+AN uAr err ■r..e i SOUTH LINE OF I.i1DAtf 74x'3 L78ra. PER PS 7, PC. 56 �WDIAN RIWER CQUNTYL ,F 13 ATE REV.SIONS -Legal CERPRCA1 I MW. ROD REED HEREBY CD?77r_r rrlr4T THE SU, VFr .SHOMN HEREGW 71 ; WAS P€R rCd`iVED ANN SAID SURVFr WrfTS 7FIE MWVI64U{ TrCHNICAL SFANDA,W5 F4VIZSUAV7 7D SFCiIRW 472,027 OF THE FZCMDA STATU7E$ AND 27HH•t6 Or THE ARMINISTRA 17 V CL3'7E MR7MED TG. +EAar c uAeAa.s0 .� ? ROD ReaW R.LS { 975 } 3 MAS TELLER, UOLER & REED INC. PROFESSIONAL LAND SURVEYORS PAST OFFICE BOX 7045 r--- -- PHONE -589--,81D -589--,81D SEBASTIAN, FLORIDA 3958 DRAWING � D"a- Ariptio0 4,t structures grepdfsthered uoder GSR 1 3100071 „ - COMsencing at the interovction of the mouth line of Middl *ton's suhdlviaiaa of the City of Sebastian end the - LOCATION' MAP � .met right- at-way lin* Of Dixie mighray, as recorded in y ire_ Pletbook 2, page 56, public records of Indian River County, •� 1!` � Florida, go N25'25'00'W (an sarteeed bearing for dascription .. purposeal along said easterly right -af -ray 46,48 feat to a point; thence "67`51'l66E 126,77 feet to the ■amt edge of a existing Concrete bulkhead wall; thence N23'23'26'W along t t •U r,,`t e4 - seat edge of- amid W al 2.DD fact t0--the S w, corner of an s - existing wooden dock and the Point of Beginning; thence N th N67.31'l{{e`E along the a0utln aide of said dock 96,73 feet. - - ► ¢ the cc - 32'00'44'W 4.D0 feet: thence N67'51116 *E 90.50 fast thanes -22'00'44`- 6.00 lest; thence S67'5111fiN 6D.D0 feet A wi OXANT. thahca N 22.09'14•- 35.00 feet: thence S67'51'16`W 70.00 tag thence NII ^0S•i1'W 10.00 feet, thence 567'51'16.41 35.06 fee thence $72'0!'41 •i 44.00 feat: thence 667'51'16'- 64,47 fee to the aa.st aids of said existing Concrete bulkhead wall; J+•+- �,_ _ �! ,� 4_ thscc* S23'23126•L 10,06 feet back to the Point of beginnia• �.- - containing 4156.61 square rest more or legs. , Scale: �Y + ~" 1' Sq" IIIII � � • N011T1}c4LY AlPAAfMd 1111­\\\ �{ At°tectlment A \ Page 8 of 16 s SSLL Ho, 110006484 pages �scr Kam AW L1r �r Si *�*+ p8 e`•a 5 ? U s5ni oo o wC 5• •am' �' a Ei7S7INu 1D(Yi NdiVIEKY L4FJT5 MAMEA8 d•a } - 0: UPLAND 01NE1l5ygP � p � �Y F";, ary� 4 ry ° 4e•• � P8J! LtRS ".id4, PAGE rO `} 5 _ 43'� +e • 51 � SHf14FilNE� � . � 4 "•2 pfd. ,Lc' 0�1 or MM 4FLORMA Y•e• �S .• F. 0 NU MNEA0 /ALL•i r• F.LE4. Y,T tea ; 4,�y'� { � �' + ` ACS 1 [• -,ryr �7�" y ��r i� �y}•yr �+� SOURCALY AYPA)VAN i_WE Sir Kam a C I fl f,. 7E of m_TDL)E —bN �S .00 w UBD. PER PB 1, PG. 56 �INDJAN RIVER COUNTY,FL CERTIFIED TO: Hen - -- bete Revisions - as-Cal w-wo t i. aaeeriprlo s0 Peep.swd by eMrvcy. e 2, Nall f.f baariepas. R.s aaat right- of -ral C.rtlflmd COMOCT to the beat of my kn"Joage ling Df Dixie eig wh hway la eas44 to ha and helief in Ccntormity filth the .Lmlmu. N23'2S' *0'w_ technical standards sat forth by the rioriag 3. Elavetlpna: bo..d on w,G,Y, p, Beard of 6enA 3 .yara, porauant te'•aectia 4. neo -hwark daaoriptiDO- 11 *1 disc in S.Z. x72,027 of the rlDrida statutaa end 31xA -6 of i tancrett v811 — east aids. of R.R. traatie the admir.lf[tatire Cada, _ 14 1ppmtad oo rauto aid. of the 6abeatiea ai.sr in Road Lnd• 7lorlda: etaanpae '(L53 ,11!331 Thl• autvey is Prtparrd anp c r it1}d tR� the _ Fawatlpa 2tl. e6 5'. tn.Elua lva ua4 of the clientfa }.nh,ied het'a It L■ not Valid wnl.aa ambpa gad wl fn 4j.p a'iilr 'C :lient Hen J. Dabrowski of the underaxphad_ C ` e of Surve Sub'mer ed Lends "•,` ate leerf*rmed ® -2 -89 F.B. P � fY C :rest A dress loud zone A Panel Nr 1ZD 1 7 ed Ferd�.w rev, Iiy Chat knd Ly R ft.L.S_ 4 3916 A 5 TEL LLE5R, M01 ER &' REED INC_ PROFESSTONAL,' LAND SURVEYORS ° - � �1 _..���.r 1, Uniesl s;lee ;{'calfv sailtd Alflrnvisr, ::,r rwr='13•US�`Y- 5�/il�L';�t. r•i•11:� 6. O. illav i+rl+irtrninl nap rrvakc 1r1is rr+mit ;r Sn C rrrrnrrntal rulhari2alia�:, 1:a1t :nd ledersl. Tr1C' r r:!Jfl. :LAT,' cr{nittC^ la;lt IA uYC cur dii -t- nt:r in Datain ;n; :u:h rrou;rrd mental alrsllar is r*§;ans. Fulmer finis Frrmil Clh anvrrn- Tlnm snd - :n21i l,D: rrlievr %hr letrmiitre 1ro:11 VIC r[puir_nj_.n1 01 p!s :i•iniraiJ * j.tenL ing r +ifn ! v.iul Icuu;rcmCnis os irmooFC1i ay t11t LJ.c hr FIa, rlcnl;rarnci; :, LFI §hr Flori6i L-I.c0rrlr:f {•n1 ,-,l N • krrrsr Gasps of �npirraar„ local 1pD il�ral 1- 1rs�7rees anC:' lira le yrrrl- . . FL :AIJ f: _ icD)X i I.. ^_ _i'- '�:i7 _ eC::i Office is .)l. I 1 C L10 1 IC: ,1 -• `... x'+.,r',1 �� .Y, fJ.`rr71i;;L'e' i} +raWi:cC ;A - : :b; -:i ;SS., :TI;' O,f ;td 1tla.: 31- 35�i;G X13• -ail: •� ' -{1:;, C6 LAr'sil uttaiJn 1,;,,^,1r _.Amn;. (OiDrom on 1h; Frrmil r;,!Ca,d) D: tilt ' 6m_ '_ :.111r1rr};rc G '.:hrdulr Di - 4 f'Lrr..�L PIrM1::,r:i >.' r ;u,Llac,.: not alp]. a~oJ],e � `- CQUt :rt': 711 t7; an aIk sit^ during slla rn li{r r 7i1r1s r'F- ,11'1;l i {l} :rrlr,ynl %hs.M11I,.Ir + }rli ^ :...- .... fic{I : + ly iyaif.ld,lr z1 ttl ^, I anr3 clock „ „,,,,, _. _ r+• ..,.. r1+:1. ...,i,L....., ..... :.F.',+.,.rr. ,' si1:' =_ _ ., 1 r•'.;' _1'.lta:i.r11 :cAlcicnt:..iwC'�a1 ';�•- Irrrnlll it khUCd u+ldel life 111u'rsrorts of Ct,,Pwr ?33 Intl /DI Ch�pser 44:, Fkorida 5t +yuls's, and rusts of sltc DrititInirnI of 1 1rxNAnmet,l.1 liey01.11run Ilrlc:nsilt+ Cailyd 111r QrlJari+nral, if i ledcrai larrmi! is rrquirrd fur 1n ;s atsivity PwrLUan1 to P3{1JI ;e Law A7 -r,00, :hi* 1•i; M1L'r I Crliri s eYla1 flit WrDyres drxrits.d below - siYlyd euneiiliwn wit# CDIM1IDly r: ;1h sr,1^ .nTM1lie.,i 5lindarrll ati 1hr $ and del;nlilc[Y by mt '`. pu n as intfica lcd'yli SitC b. �1arld:r nr waives 1SaICr ii;ly C "liriya G 4 + °c, r he itwYr damrll ,{,,hpyirtn:. hrrrinx(lrf eansd P*fmill CC n hrrerly at11ho. . �CaNy fo - fibeda lf1[ wprk :M1Dsvn an f1t1' aAp {PYCd Frawin4 {ll illachre i ttt.lD and made 3 P+ri he(DOI knd Lpvcil. ... icstly 1srcerilird as ralraws; 7 °0 c"Struct a�p� a:;i•m7te]y 200 lirlcar •� L of sEnut111 fact), ED ED construct Z:nd e::t[;nd csi.,tiny docks encD:n}30ssing av-.-).c,ximzte:�y 131200 rlt'rare f.Cei. de eloped aroun6 nn 0 „5�,in cD:rrs;+ 4The �1eta f�rcalitiet are beinly . Totvnhlt,iU 31 �cuLh{ ]?4.n�,e 3Yg 01 Last' ')Ouse. In Section. 6, Indian River e ' ;nC Lr1lk lIlVLY r s1ri7�Si1 Trr t Cr CDL'>-I 4, lay cc , �r Au!z 14 ) C ND r =y = 71979' fa:NfRAL CUAD171ps15; ORE-IP T SONS SECT)ON, 1, Uniesl s;lee ;{'calfv sailtd Alflrnvisr, ::,r year! aulhoris r by this > rrmil shall IJr ys!'rC inr r f + {rr. Rrfi7C 1rsr; zh:e!r ^p^'{r1C ht! �':10n rCCriul 1Jy 1hr F'rf nitlC[ r3? YeAf O. illav i+rl+irtrninl nap rrvakc 1r1is rr+mit ;r Sn C rrrrnrrntal rulhari2alia�:, 1:a1t :nd ledersl. Tr1C' r cr{nittC^ la;lt IA uYC cur dii -t- nt:r in Datain ;n; :u:h rrou;rrd mental alrsllar is r*§;ans. Fulmer finis Frrmil Clh anvrrn- Tlnm snd - :n21i l,D: rrlievr %hr letrmiitre 1ro:11 VIC r[puir_nj_.n1 01 p!s :i•iniraiJ * j.tenL ing r +ifn ! v.iul Icuu;rcmCnis os irmooFC1i ay t11t LJ.c hr FIa, rlcnl;rarnci; :, LFI §hr Flori6i L-I.c0rrlr:f {•n1 ,-,l N • krrrsr Gasps of �npirraar„ local 1pD il�ral 1- 1rs�7rees anC:' lira le yrrrl- . . Vp, A lD :al, ttilr and jecitrel law. �, r 1t {t r3Cf 13 A{f]rcrly L” , i u4s to rCU ICC :+IC b;nd;ng unner the law when 111! copy of lhis Perm!; end rlailtd 10 lrlc iliuitat{ Dliler 1FIH,IV +1 11 S; U+s Ih•' rr'nl;l Pia.b ::sj by :>*•. Pe I ttlYCll Cr1 wllhin 11lYrrn i }�} 11r�� +Jr;pl +r'tl;iCC by ;11Cd i.Crl m;.+1, rrtLlrn r! ' a'1le•r 11 Ii lrant.T.rtlr.", SD §nr F+LrmillCr. c. +AI .Y, fJ.`rr71i;;L'e' i} +raWi:cC ;A - : :b; -:i ;SS., :TI;' O,f ;td ' -{1:;, C6 LAr'sil uttaiJn 1,;,,^,1r _.Amn;. (OiDrom on 1h; Frrmil r;,!Ca,d) D: tilt ' 6m_ '_ :.111r1rr};rc G '.:hrdulr Di - 4 f'Lrr..�L y '�- 111L F'I:rt. 111 /S %OILrl5 r ry; 10 be rrryss_'S1 in z rD'1$Pi;.91JUi la^_ali Pll Tl list 1'i r%:1 •rJLI Llr 1111 -% OIL. �, aIk sit^ during slla rn li{r r 7i1r1s r'F- ,11'1;l i {l} :rrlr,ynl %hs.M11I,.Ir + }rli ^ :...- .... fic{I : + ly iyaif.ld,lr z1 ttl ^, „ „,,,,, _. _ r+• ..,.. r1+:1. ...,i,L....., ..... :.F.',+.,.rr. ,' si1:' =_ _ ., 1 r•'.;' _1'.lta:i.r11 :cAlcicnt:..iwC'�a1 ';�•- .,,_...» .. ” „` _'•• •.-•., ., r _; , r• ,. !M1 +11 rrS� ••t,n "'•y vriir 11{ ell-el upon the art.- ni-L -S Zm-- ' • • �- � : •'. r. err,. .iasca .. u. : °i r. x:,71• �' H'11 :1 t:1C ;i•r+r•S Law •,._, ••• Y 4 -+ ' llr•Y r "�+n141 �I, M {rf Il7:1f•L^ f. f[•/ {+ +Ir1Cr Sir , {iue+ 0i fin. •xwel..rLRi - . r'f urrl frlr r7s`rhil Fr {: is -rJ f.• ,;,;ln;.l UiittC ,i]AM1•rn an Ir3C !' I {}• le••. a .•f1:ti, lararii Illsa:l Cana;slc• %. FFerm;I L Irc shall rlilt Il n:rrll :,lrl1 %GI I•r••n,;,cw rlrnfr . r1.rr„ :•L Gy In �hrtlx+l Y, tll ..+ ;. fir :, !i ln„ 1i,nit' 0i rl•Ir; iilsl 4tll;:.-Pmg n °p.} 111 tl r4 e + C1::7; ;I UC =tAh a:if hilt, 7'Cd L.criaf71r71 dr:+nl ll+r M ;•r•t Ur[•� °'f'1 }'I :i;lns :I:;• I i�°:; :•11;, Al, tit Y::U1: •, LNfrL ;:r LC lrr r 727•.hnlil ['L r. :`I, »rtitla ar, „d rrfl,r L_:ner•- i L: .,..d;rr;1, Ad 1hi1 f•r:alil 1 t t cCat•r,; ;,r,l.;r: a ^,• au« 1•r;isL• lrlst :,t, ”. a! Lunsl:ime •rrou^k(i% it:; i e [%. r'rl nlFl le•. }if!d "uF {,S•: t•AIILUI7' r_Irr[11••[r, Ih-r kiun l ut �',.M1 putt r;r h °.5.:1 :..:!1ti.`: IL �%`A :l: 4:,: ' r 1. r J �,t l•;::I•:1, 71v11I;_r of ,r }vrltely iril!tl;l;r1 !I irr•1715 r ^iL•C ttlFu C I1 1t: C +11�•1r11.,•,•' il, :+frY1.'..r1111.� .,I =' .... { .r If -. I' :..• :7,:1 {•�. ..,: 1. :.I.rl•• r1, ' A'1 •. ..+ r1^ si.r1 ;,•r..cl lu 1:,Yk S: a@ V L'1:aftnlrnl elrri +r � •• tv- 'f tr , I•r u,ris r ^ ^rl :•Y� - .' ,. � ''1^ - 'r• :tll sea §rIP. f't•rmi ±. r,r ., .. ._.r+ . ,r err � r +,rr II ,++,: Irl l" M1 -1.... ,. .. '' 4. . , w ,. . a ,•I. {�• A ttachment U13 . I: . I• i -. rFt:.:ulai +r VI Pa8e of 16 Pages Nv, 310006484 � ��” 1 3'R�U '. I I I� ...... 'I I ^' rRC-C1 1,� G' •1,.'�.'^*rrk 1ar,rMr rtgft Ta Nia� tatt[Nr ! »,+gip • �;� �y1,y la,a' L]ef t]I I,rkrrsl IiLal the ' t�,per ul lilt. 11•'anIst t" it ,Wf.. .IVU Uatr11+)r: tr7 .ir�l +cxis .Da.Er�. {ij :�r.t'1'y, i 1pa 01- ui.l utcs. l'n lniY li^r lut 1, +•al J]+p +•S'I U1 10 11,, cj' tnt ^,'(Ict. INI.F S• Urtrtr;i tt III . Priml.i unin saataf dt:p! "rI lan 011+6; 1 010;dl I.ic 1,.:CPUr IL-d. ' - -1�. ii.,. Iri•r14P1 it >,rrlt4r•d ttilil''r.S Su 41st• liarliss of 1114' Ultis,:d;+S :IL°I lf4 alJV—',ILIr M'rYLi Srsd {M/fLUar11 IV the VI 11,•• wobl-, in lJOAti ^Z. Ia71lti4ta, #rihir.D •ini at;trr righls for L.A.ich t°ulI {sp:Os lite wwe's artd urlsarsrl;rtil i,rnsl Radar ? 1iw:awina ^ ::.a hl lt! by TI 1 "• _" I I rill. i,,tnlil dUCS L.ul ittL11cair y11 enrl4P -anent tit j1ppToial 01 any wher M.,piortmini pt•nhiil.pproost that - -. Ill• a1I r'il 100 DWCr 711,pertS a: 11r 1sl;il ptojrC1. a ^•t 19 1 hn F'efinil Unes not aulltarijr a s)ti#nte 110"110"T' or vivlrtipn of she W111 Ouality StZ:tdards Xi spceilied in Chats (!• 17•$, r I411UJ Aden lnis%I "ivr COr1e, MCI.udlns but not )irnhed lo: 17 -3,D`� 1;inil -um Condit'Ons of hll Waters: 71imes anti Places; 17 -:.Gs 1?atr•.*_ QuLlity Standards; Speci:ics; and 17 -3. D8 Crataria: Class 13 i4atcrs - Shellfish Propagation and Harvesting. �.1_ur3idlsY.9hill nps- ezcced.)illy i5D1 riCy,:On °rurptcsilV Units rs 7ei416d_to s.andartl.undlz•turhidirrYelcr brckprnunC, . PARTICULAR - ONDITIONS- (I) There shall he no live eboar6s, 12) A quantity of fuel. absorbing Inate=ial sufficient to absorb 50 gallons of fuel shall be ke�4 at fue?ing site at all times. i3) Waste generated at the fish house shad be carried in a container to an approved sanitary land ill site for disposal. (4) All f1Tel lines shall be equipped with cutoff valves at both ends. (5) Within five years from the issuance of this permit, the applicant shz11 Dbtain a state operating permit . ,fcr the marina pursuant to Chapter 03.057., Florida Statutes, `rom he S�. Johns River District office in orlarido. (6) No processing Of fish shall be perr:01---Med oven the waters Or in the fish house. i`P1t �;•FiA,ii j; _ Ly SIGNJ)9fj u:L4`13:', VOLUN7AIliLY d.4'W:l_fTS AND AGREES ID THE TERARS A!^;U Gi7r: +i711101-.15 GDrdiEaliJFL? Fir =R:prr A;Q'D H=Rn'BY CERTIFIES T1•A HE WORK WILL BE ?ZRF©AIAED IN fV 50fAILT AL;t.Cr!iL)AN,"E WITla THE PLANS AND SPECIFICA7JONS ATTACHED HEE_TO AND MADE A c: P4f'7 II:pEOF, I.I1'Y 1+I0LI.7 I0r1 OF 0A FAILURE TO CMAPLY WITH THIS WILL SUEJECTTHE' � VERNM T EE TO LIABILITY FOR DA; -AAGES CAUSED TO `7!E :.aATkRS DR PROrIEIRI Y, INCLUDING AN]. A7AL, PLANT A.' Zb AOUA71C LIP OF THE STATE, RESTORATIDII 1 � THEIR FOFf -M: CONDITIO19. AND C.VIL PFNALTt--S ON THE P- 1,10UN RDF1TEN THOUSAND DO',LARS M 1S10,U::,71 FOk E01-CH DAY FOR WHICH TH= VIOL-tT►)ta OCCURS. At^• ^:.. °J thh ,dry eS fsit2 .�r/7�� I )2 77 7 -r. / lashed this . day of ' hro� —=-y�. 1•9 rG- /: j S1.se o1 Flnridi iscnµ,trncn; cat Erlrironmcnial I~crnritsr•.- n1 ^t,:s,urircfl ayrrl. kr9alit1ion, Jo.cph W. Lzndeis, Jr., Serrtialy Attachment B =� s: _ _ SS 14 �i ,Cam* ti�i�1Jr �sln�C page ge Na. of 16 Pages '� //� j'2 &s riT."tion :reouy enu I�octki[�n Oils S Greases i?uarte -ly air /ti7ate= n`efaGe ~n =arin a area DO F. SoD Total Colif0 -1-m Ba:.tez-ia; Fe Cal CaliforL-f raewerae ; Oua.r"erly - surface and 25 cm above int-zoms i.n - marina area i`P1t �;•FiA,ii j; _ Ly SIGNJ)9fj u:L4`13:', VOLUN7AIliLY d.4'W:l_fTS AND AGREES ID THE TERARS A!^;U Gi7r: +i711101-.15 GDrdiEaliJFL? Fir =R:prr A;Q'D H=Rn'BY CERTIFIES T1•A HE WORK WILL BE ?ZRF©AIAED IN fV 50fAILT AL;t.Cr!iL)AN,"E WITla THE PLANS AND SPECIFICA7JONS ATTACHED HEE_TO AND MADE A c: P4f'7 II:pEOF, I.I1'Y 1+I0LI.7 I0r1 OF 0A FAILURE TO CMAPLY WITH THIS WILL SUEJECTTHE' � VERNM T EE TO LIABILITY FOR DA; -AAGES CAUSED TO `7!E :.aATkRS DR PROrIEIRI Y, INCLUDING AN]. A7AL, PLANT A.' Zb AOUA71C LIP OF THE STATE, RESTORATIDII 1 � THEIR FOFf -M: CONDITIO19. AND C.VIL PFNALTt--S ON THE P- 1,10UN RDF1TEN THOUSAND DO',LARS M 1S10,U::,71 FOk E01-CH DAY FOR WHICH TH= VIOL-tT►)ta OCCURS. At^• ^:.. °J thh ,dry eS fsit2 .�r/7�� I )2 77 7 -r. / lashed this . day of ' hro� —=-y�. 1•9 rG- /: j S1.se o1 Flnridi iscnµ,trncn; cat Erlrironmcnial I~crnritsr•.- n1 ^t,:s,urircfl ayrrl. kr9alit1ion, Jo.cph W. Lzndeis, Jr., Serrtialy Attachment B =� s: _ _ SS 14 �i ,Cam* ti�i�1Jr �sln�C page ge Na. of 16 Pages '� //� ol: WXx ir.- r oAl :AA!!- . ' ' ' .� .,'dL r. oi cz) - L�l 6- 7-: 1 L ZIJI�Z-- Ai,4r O C-C i PER I T ev, i r 77 Attachment B Page 11 of - 1_6 pages SSLL 210 0064 8 4 1=7:, Cr, NOVA,3 is •.`.•r. I Ik011 P. A� AA 74. A-F -A 4 CA I ci; fl: G' e L- a) F pal-. M r L re r: rar. D' TT AttachmenL B Page 12 of 16 Pages SSLL No. 310006484 NGV,l 319B9 c 4 c rr: �a e.,.•:rc.,.r •.e -..ate �" f �. • r ^_- •�I -1.,� .,.� r ri L I• �M" P. A4- :AC.), r� 1� � 1�•M "ii f^ e•ta..i+v '.+IN.7 :i :i iL.• L {•(, _ .^ --iYA= ba.� I�i�w "r...rN - Z.•. nC�✓ii t n l M! • YrY. r•ia, ' }i r : e.•..l T /r.l +IS L+.w•] �a. . wr..: x•.,.,! .Sa .. . +s 4'•4+1;x' �� � rr L' r.!' . ^��4 „� �` } stir ..la,;- r••!.!- if..._.. +.c it r,w r.;l. ♦� r • .C' P� a._f,%{ & •� i' ,r,�n•.raF w• =T•r l.i�..... • :. Atlw . `r- .. -_f• �u�. G.1. _"4rr. • A - �" -r-G. SEr; FnrU . P+rh 14. i"Y i1 Attachment B �+. Page 13 of 16 Pages SSLL No. 3Yppp64�� { FN . C [.r ti.L J{ 1 �V 1 f The docking structures located on -tf e public lands are under lease from the Hondo Board of Trustees of the internal Improvement Trust Fund. As a condition of that lease, the lessee is prohibited from discriminating on the basis of an incilviduol's race, color, religion, sex, national origin, age, handicap or marital status in the Tental or use of those structures. Persons denied equal right to rent or use the decking structures included within Sovereignty Submerged Land tease moy file a complaint with the: Los estructuras de muello situadas en Jos fierras pisblicas son sojetas a orren+domiento de El Consejo de Adminristrodores del Fondo Seguro de Mejoramiento Interno de to Florida. Como condician de este orrendamaento, el arrendodor sera prohibido descriminar pot cousa de rozo, color, religipn, sexa, origen nacional, edod, incopocitacidin o esfoda ct'vil, Los personas a quieres se les hoya negado el derecho de iquoldod al orrendor a usor las estructuras de muelle incluidos dentro de to Soberanio de Tierros Somergides pars Arrendamiento Numerc 310006484 pueden presentor una queja ol: Daportmenl of Fnvironmenlol PfbledIOn Daparlomenio de Proleeeion lei AmGoenle Division of State lands l 0+visi6n de Tierros del Esiodo 1 39M Commonveacll`n Blvd. Mons Stol ion Number 150 l Moil Srolion (dumber 154 Tollefossee, F1orido 32399.3000 3400 Commonwe hk Blvd. Colt: i9041480•62a2 Totlohossne, Ft 32399.3000 j dome ol. 19041 488 -62d2 1lrtvesti$ar ansi linvesligacionesl Attachment Page —L4` of Pages SELL ", 0 ft..] U1 CT{ C] -.x.18 lTlu [Durxilg Pftd 'ser rl March ROBERT L. FLOOD and h.NRY B. r=a, his wife, n.t1.d 14, rnls . 0'. A. D. TO RMIRY ,7. DABROWSKI and ANNA DABROMSXI, his wife ,<. • ••• e5x 3n 4^..d Mrs 6 Bojx 3S c/o aim Rail and Associates, Post Office galm Ra y, Florida. 32905 %...fnwl.. f p•Mwc • �1++ -- ..M twig L .,.wy •y.�+ • �, t�l .�.�+� rf rr � 1� Iwl.i M� ^'w.+F. ^rdi Fwrr 1 77-, i6 O�a.sfP.. lA iiR tv Nr¢wyirwt.lr / ..Wl Pj i 1p' �D wL.6L c�..rd,..rrP.r, a.c.lpr rfurwP� S %+�by rcfrr.w.l le.d. A—by win!@. &;p l ., Piln.!!li.. P.L,., �+Gs.n, ePnP.7r .,.d canfi.nc. i+r.IP i7a..wml..r, P1t riwi 1-1w. 6hi @door. in INDIAlR RIVER �aartY]'r 1rle+idt ret: ;he South 13 feet of Lot 1 and ell of Lot 2 l Middleton's Subdivision, according to the plat rccor.i +d in Plat Hook 2, page SG, 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 Rive r Drive (being a point 37.15 feet due East a� the center line of Indian River Drive}: the paint of beh yinno al thence yortherly Ile' 41' 37" along the east i y line a_ Indian River Drive, a diat +� 131.75 feet more or less to a concrete monument marked Xv thence ru2T Eaat 10' North of due East to the high water line of the Indian River; thence Southerly along the high water line of said Indian River to a point intersecting the easterly projected South line of ddleton'.s Indian subdivision and the high water line of the In Rivers :hence West to the point of 3eoinning. South,aRange 39 EE.as�rnacriw Lot 1, Section 6, Township 32_ Together with all upland, submerged land, litcrial rights, shore rights and ripafian right: lying to the East thereof to the center of the Indian River to the x etent that same described. appertain to the Property above_ S6BJECT TO. All liens. eas O ", record .71f any ements and restrictions of k�_, y .= �TA7 E p f LC7RI�AJ DOCUMENTARY a eo r.R ti Sr sp T `T L-6 �4 l7 ~^� .7GR':tla ll#IZZ !^1 Il.St ���_ f.,n�rr v AS A TRI;"L C0 i ^ - . CER71FICATIONON LAST PAQE � JX BARTON, CLERK wins Sflb Attachment p page h155 of 16 Pages 31 DOd 4 r r C t. 7 A ADf '[:r �]o Ruf W L0 ibidt eJy +w +t rw j.v eL.pi. rrrr,,, r^ f, rlA.e ri. r ,•• f,.t . r ..ld p r r« r7,.r th, o,., e,, r: L,,rully e.r�d Of -,j 1., vn..r.. q�r.. .+R7A1 ..d Lrir! -w",(" b ..f! " r ..7 ..a,j f.nd; IA.r !R – ^– ,�+o••:..d rl r r..l� !. D—&- ]T, 19 77 STATE OF, FLORFOA lk'DrAN R,, TH:i rt Tom. r r 2 J -o«iR CT n:4rA :L Ctv FILE I!y erRTQt� CLEpZ �uili5 �it ffi. a.rd' arnlr �.r tatwr.d ■nd ..eld el.+t., rt•+•�..,li el�r dy qwd CD -fa- Q ma cvt Orr or _. arfKC dry a.r}, ,T r. We Sr.e d ) }ikxzzY cwnrY W. �.. Jw .sd 6 aa.id eM Gwsry Jen..id A• ui, _.5�„•, 4 + and 1SA7{Y B. PIAQDt •hJ4. w?, rh ane.�=d bda. r dye„j tir r"'a.'d .►. ax.�d rMs fsR.;.K i..r.w.,x ..d they ..1nw4dtne - da'f4tC• 4 "r dr or " T4i: j rWCC fA.s w n.at. .: I.T. t ml� 105 Attachment: A Page 16 of 16 Pages SELL Na. 3100(T6484 G n c L ri +0 • 4 rV7��t S6 J",Frprpd 6vr. THOMAS E. skNE At+wney at taw c t CHICO BvA 1243 ' M.,Itir";.rr•i+n, ' prt.7 7^975 r7 tL nu p }}±±�� It yy�� J CC �} ^KU V l I Attachment: A Page 16 of 16 Pages SELL Na. 3100(T6484 G n c L ri DEPARTMENT OF ENVIRONMENTAL PRDTECTIi7N DIVISION OF STATE LANDS BUREAU OF LAND MANAGEMENT SERVICES I?ELEG.1k'3rXC]N F�' �3U'I'HC]k T'I jr A I--rrTC>Iq LEASE NO. 310006484 DELEGATION OF AUTHORITY NO. DSL -43 ACTION TAKEN: Renewal of existing lease (5 years). LESSEE: Henry J. Dabrowski and Anna Dabrowski COUNTY: Indian River CONSIDERATION: Applicable annual lease fees, STAFF REMARKS: Survey approved October 19, .L984. Fees are current. Site inspection (,,tober 19, 1494 ; in full compliance. Lease was originally approved August 15, 1984. Review Routing _ g Approved Bye - Signature / Dane 1. Originator ! � C /;�- r 4 i. Planning Manager �- 1 —a 3. Legal / f 4. Environmental Admin. ��� 5. Bureau Chief 6. Deputy Director ! T_ Other Pftk 40% IOFya Sl1 �� yy�� yj �fn fif t4r. . a{I7�'t d C'YllfxabaiIf7>f ' IWt� Rdtrk �� y3cLty%Cr�r a'� o l� REMRD of gig '�;h fg Of uriila DEED No-- 21$93 (cd -31) KNOW ALL MEN BY THESE PRESM791 That the undars4ned, the nusteee of the lotarnal Imri Pro FxMd of the State of Ffwidr under au 3ta rfty o! Lew, for and [a Consideration of the ■um of One Hundred Txe tar and DO ZjO0 DOLLARS. to tbaa in band paid by C,tarles R e _3ceillr r� and{r2�erS -SeL _ of the County af__ lrldian River .___, Silt* have Fasted. bargained sad roll, *M do by these prements Vaatl 6a.rgafa, aeell and oorsvey, unto tLtjrliti CY�r�s R� Beesley and flabert E. BcgsZey �ad tS�eias and amfama the faltor+trng learn -ked lands. to-�vit, _..—. �._.._ _ .� A parcel of aubmerrged land in tine Indian River in Section 31, Township 30 South, Menge 39 Fa.a ',, Indian River County, more particularly described as follputs: From the point of ihteraectior, of the south line of Government Lot 2 of sold Section 31 and t"t Fleming Grant Tine run ftorttr 89° 40t 5t7" Fast along the sadd south line of Government Lot: 2, a distance of 7137,55 feet, more or less, to the mean high crater mark an the west rank of the Indian River for the.P.O,B., thence North 70° 45' East a diatatee of 145,0 feet therhoe North 19° 15r Peat, a distance of 165,0 feet, thence South 70° 45' hest, a distance of 135.0 feet, more or less, to the mean high mater mark of the Ittali.an River; thence southeasterly along said mean high Water wark a distance of 165.01 feet, more or less, to the P.O.B., .1T , con F ¢.53' _ ___acraq mote or kw%, aced iyi=g and being in the County o► Indian River In raid State of Plorida. TO HAVE AND TO HOLD the above gsantad rind deaaiW prsaoiaea forever_ SAVING AND RIfSERVING unto the aid Tnsstaoa of tbo latetnaY Impxsveraaot Fund of the Strta of IF ndn, and their Azom ku 6 title W an nvdivided thres faustivt of ell phosphe±e allesmnLt sad enetal4 end title to an undivided ona -half of all petsottesmt that may be in, on or under the above de."' ad land, with the P4vikge to nine and develop the aam& 017ER RSS RVA'nONS: :lone IN TWnMONY MIERmF, the Cud Trustees have barango a bbeeibed "r nags and adazad ••Lbdr asst and have aaared the Mara! of THE DEPAR'PMENT OF AGRICUL TURE OF TH STATE of 1rIARiDA W be banwata aA'aad, at tha Capitol, Is *W City of Tallahrmee, on ];os for 5thx__._tlay of 8epkrmbar A. Is. NtnuLato hundred jut 1 (Mkt) 'i7t[IMME9 I. 1. FUND I7EPLL j+I I +181, f OF AGRICULTURE a, l�i r •f wjr (SEAL) 17i'!I8'k'EES OF T%M POND flit •TEM STAT8 'AMA � CILUN SHEET Fund File Nurnher. 32- 2009 -1046 Provided For. Brinkley Morgan. Soloman Tatum Agent's Hle Referance. 014151-09001 Effective Dates. From September 17, 1953 at 11:00 PM To November 16, 2009 at 11:00 PM Description of Real Property Situated in Indian River County, Florida. See Exhibit A attached. The entries on the folioningpage(s) affecting the alcove- described property have been recorded among the Official Records of the county during the time period covered by this search. This chair is prepared in the saute manner as our abstracts us indicated by our certificate and floes not alleviate the necessity of an examination of the complete instruments or court proceedings indexed. A 20-year name search has been perforated on parties acquiring an interest within the time period covered by this search. Parties acquiring interests prior to Ilse beginning date of this search and continuing in said interest after the beginning date of this search, have been searched front 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, el seq., F.S., and Sec 55.20I, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liens ^ and judgment liens againstpersonal property. For insuringpurposes. (a) Pursuant to Sec. 713.901, at seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by apartnership, corporation, trust or decedent's estate; and (h) Pursuant to Sec. 55201, et seq., F.S., personal property includes, but is riot limited to, leaseholds, interests !it cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals, (Note: Mortgages have been specifically excluded from fire personal property interests in which a judgment lien may be acquirer] tinder the provisions of See. 55.201, et seq., F.SS j Prepared this 3rd day of December, 2009. Attorneys` Title Fund Services, IL Prepared by: Frances D_ Bald, Senior aaminer Phone Number: 1 -800- 637 -0767 ext. 5213 Rev. 07109 Page X of 3 CHAIN SHEET Fund File Number. 32-2009-1046 1. Book and .Page. OR 481502 TOL 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 ?. Book and Page. OR 2741246 TOL• WD DOF: 01/0911968 First Party: Robert E. Beesley Second Party: John C. Palmer 3. Book and Page. OR 332148 TOI: WD DOF: 14/3111969 First Party: John C, Palmer and Elizabeth T. Palmer Second Party: inlet Bay Seafood, Inc_ 4. Book and Page: OR 4921280 TOI: QCD DOF. 06/06/1975 First Party: Robert E. Beesley Second Parry. Charles A. Veltman and Mary Veltman S. Book and Page., OR 492/282 TOI. QCD DOF. • 0610611975 First Party: Inlet Bay Seafood, Inc. Second Party: Charles A. Veltman and Mary Veltman 6. Book and Page: OR 4921283 T01: QCD DOF. 06/06/1975 First Parry: Charles A. Veltman and Mary Veltman Second Party. Inlet Bay Seafood, Inc. 7. Book and Page: OR 673/1835 TDI: WD DOF: 10/2811983 First Party: Net Bay Seafood, Inc. Second Party: Sebastian Harbour, LTD. 8. Book and Page: OR 203 81754 TOO WD DOF. 04/1012006 First Party: Sebastian Harbou , LTD. Second Party. Sebastian Development Company, LLC, and Thomas Tr ong 9. Book and Page: OR 22431265 TOI: CT DOF. 0211 9/2 00 8 First Party; Second Party: Advanced Electrical Systems,, Inc. I0. Book and Page: OR 230612467 TOI: CT First Party: Second Party: Sebastian Harbour, LTD. and Dancu Holding, Inc. Page 2 of 3 DOF: 12/04/2008 Fund File 1Yumher. 32- 2009 -1046 CHAIN SHEET EXHIBIT A FROM A POINT OF BEGINNING AT THE INTERSECTION OF THE SOUTH LIME 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 94.39 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 Florida Exotic Pest Plant Council's 2009 List of Invasive Plant Species Purpose of the List: To focus attention on — ► the adverse effects exotic pest plants have on Florida's biodiversity and plant communities, ► the habitat losses from exotic pest plant infestations, ► the impacts on endangered species via habitat loss and alteration, ► the need to prevent habitat losses through pest -plant management, ► the socio- economic impacts of these plants (e.g., increased wildfires in certain areas), ► changes in the seriousness of different pest plants over time, ► the need to provide information that helps managers set priorities for control programs. CATEGORY I Invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. This definition does not rely on the economic sei erity or geographic range of the ,problem, but on the documented ecological damage caused. FLEPPC Gov. Reg, Scientific Name Common Name Cat. List Dist. Abrus precatorius rosary pea I N C, S Acacia auriculiformis earleaf acacia I C, S Aibiziajulibrissin mimosa, silk tree I N. C Albizia iebbech woman's tongue 1 C, S Ardisia crenata (A. crenulaia misapplied) coral ardisia I N, C, S Ardisia elliptica (A. humilis misapplied) shoebutton ardisia 1 N C, S Asparagus aethiopicus (A. sprengen, asparagus -fern I N, C, S A. dcnsiflorus misapplied) Bauhinia variegata orchid tree I C, 5 Bischofiajuvanica bishopwood I C, S Calophyllum anhilanum santa maria (names "mast wood," I 5 +ommk, (C. calaba and C. inophyllum misapplied) "Alexandrian laurel' used in cultivation) Casuarina eyuisetifolia Australian -pine, beach sheoak I P, N N, C, S Casuarina glauca suckering Australian -pine, gray sheoak I P, N C, S Cinnamomum camphora camphor tree I N, C, S Colocasia escuienta wild taro I N, C, S Colubrina asiatica lather leaf I N 5 Cupaniopsis anacarrlioides carrotwood I N C, S Dioscorea alata winged yam I N N, C, 5 Dioscorea bulbifera air - potato t N N, C, S Eichhornia crassipes water - hyacinth I P N, C, S Eugenia uniflora 5urinam cherry I C, 5 Ficus microcarpa (E nitida and laurel fig I C, 5 F. retusa var. nitida misapplied)' Hydrilla verticillata hydrilla l P, U N, C, 5 Hygrophila polysperma green hygro I R U N, C, 5 Hymenachne amplexicaulis West Indian marsh grass t C, 5 fmperata cydindnca (L brasilimsts misapplied) cogon grass I N, U N, C, S Ipommo aauatica water - spinach I P, U C Jasminum dichotomum Gold Coast jasmine t C, S Jasrninum fuminense Brazilian jasmine I C, 5 Lantana camara ( L strigocamara) lantana, shrub verbena l N, C, S Ligustrum lucidum glossy privet I N, C Ligustrum sinense Chinese privet, hedge privet I N, C, 5 Lonicera japonica Japanese honeysuckle I N, C, 5 Ludwigia peruviana Peruvian primrosewillow l N, C, S Luziola subintegra Tropical American water grass I S Lygodium japonicum Japanese climbing fern I N N, C, S Lygodium microphyllum Old World climbing fern I N C, S 'f)oes not include Ficus mrcroearpa subsp. luyuensls, which is sold as "Green island Ficus' FLEPPC 2009 List of Invasive Plant Species — Fall 2009 CATEGORY YT Invasive exotics that have increased in abundance or frequency but have not yet altered Florida plant communities to the extent shown by Category l species. These species may became ranked Category 1, if ecological damage is demonstrated. FLEPPC Gov. R% Scientific Name Common Name Cat. List Dist. Macfadyena unguis -calf rats claw vine I sisal hemp N, C. 5 Manilhara zapota sapodilla I it S Melaleuca quinquenervia melaleuca, paper bark I P N, U C, 5 Melinis repens ( Miynchelylrurn repens) Natal grass I Anligonon leptopus N, C, 5 Mimosa pigra catclaw mimosa I R N, U C, S Nandina damestica nandina, heavenly bamboo 1 II N, C Nephrolepis cordifolia sword fern 1 N, C, 5 Ncphvolepis brownii (= N. multi flora) Asian sword fern I C, S Neyraudia reynaudiana Burma reed, cane grass 1 N 5 Nymphotdes cristata snowflake 1 C, S Paedma cmddasiana sewer vine, onion vine I N 5 Paedcria foetida skunk vine l N N, C, S Panicum repens torpedo grass l N, C, S Penmsetum purpuieum Napier grass I N, C, S Pistfa stratiotes water- lettuce I P N, C, S Psidium caitleianum (= P littorale) strawberry guava I C, S Psidium gualava guava I C, S Pueraria montana var. lobata (= P lobata) kudzu l N N, C, S Modomyrius tomentosa downy rose -myrtle l N C, S Rhyncheiytrum repens (See Meltnis repens) &uellia britionianaz Mexican petunia l N. C, S (R. tweediana misapplied) Salvinia minima water spangles I N. C, S Sapium sebiferum (= Triadica sebifera) popcorn tree, Chinese tallow tree I N N, C, S Scaevola taccada scaevola, half- flower, beach naupaka I N C, S (= Scaevola seiicea, S.frutcscens) Sclief ficra actinophylla schefflera, Queensland umbrella tree I C, S (- Brassaia actinophylla) Schinus terebinihifolius Brazilian pepper I P, N N, C, S Scleria lacusuis Wright's nutrush I C, S Senna pendula var. glabrata climbing cassia, Christmas cassia, l C. S (- Cassia cofuteoides) Christmas senna Solarium tampicense (= S. housionti) wetland nightshade, aquatic soda apple I N, U C, S Solanum via rum tropical soda apple I N, U N, C, 5 Syngonium podophyllum arrowhead vine I N, C, S Syzygium cumini jambolan plum, Java plum I C, 5 Tectarfa inciso incised halberd fern I S Viespesia populnea seaside mahoe I C, 5 Tradcscantia flumincnsis small -leaf spiderwort I N, C Urochloa mutica (- Brachiaria mutica) Para grass I C. 5 CATEGORY YT Invasive exotics that have increased in abundance or frequency but have not yet altered Florida plant communities to the extent shown by Category l species. These species may became ranked Category 1, if ecological damage is demonstrated. TThe 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 Rueffra bationiana, R. tweetiiana, R. caerafea, and R. simplex. FLEPPC 2009 List of Invasive Plant Species — Fall 2009 FLEPPC Gov. Reg. Scientific Name Common Name Cat. List Dist Adenanihera pavonma red sandalwood ll S Agave sisalana sisal hemp ll C, 5 Aleuriles fordii (- Vern icia for-di!) Lung oil tree it N, C Alstonia macrophylla devil tree Il S Ahernanihera plidoxeioides alligator weed II P N, C, S Anligonon leptopus coral vine 11 N, C, S Aristoldchia litforalis calico flower II N, C, S Asystasia gangetica Ganges primrose II C, S TThe 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 Rueffra bationiana, R. tweetiiana, R. caerafea, 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 Il N, C, S Blechum pyramidatum green shrimp plant, Browned blechum It N, C, S Broussonetia papyrifera paper mulberry II N, C, S Callisia fragrans inch plant, spironema it C, S Callislemon viminalis bottlebrush, weeping bottlebrush 11 S Casuarina cunninghamiana river sheoak, Australian -pine 11 P C, S Cecropia palmata trumpet tree 11 S Cestrum diurnum day jessamine It C, S Chamacdorea scifrizif bamboo palm Il 5 Clematis tcrnii lora Japanese clematis 11 N. C Cryptostegia madagascariensis rubber vine If C, S Cyperus involucratus umbrella plant II C, S (C. alternifolius misapplied) Cyperus prolifer dwarf papyrus [I C, S Dactyloctenium aegyptium Durban crowfootgrass Il N, C, 5 Dalbergia sissoo Indian rosewood, sissoo 11 C, 5 Elaeagnus umbellata silverberry, autumn olive 11 N Elaeagnus pungens silverthorn, thorny olive Il N, C Epipremnum pinnatum cv. Aureum pathos Il C, S Fiats altissima false banyan, council tree II S Elacourtia indica governors plum 11 S Hemarthria altissima limpo grass !1 C, S Hibiscus tiliaceus (See Talipariti tlliaceum) Hypardienia rufa jaragua 11 N, C, S 1potnoea cornea ssp. f stulosa (= 1. ft5thlOsa) shrub morning -glory 11 P C, S Jasminum sambac Arabian jasmine 11 S Kalanchoe pinnata life plant 11 C. 5 A" \, Koelrcuteria elegans ssp. forrnosana [lamegold tree 11 C, S (= K. formosana; K. paniculata misapplied) Leucaena leucocephala lead tree 11 N N, C. 5 Landoltia punctata (_ Spirodela punctaia) Spotted duckweed It N, C, S Limnophila sessitiftol'a Asian marshweed 11 P, U N, C, S Livistona chinensts Chinese Can palm 11 C, 5 Melia azedarach Chinaberry 11 N, C, S Mefinls rninutiffora Molassesgrass 11 C'S Merronia tuberosa wood -rose 11 S Murroya pan iculata orange - jessamine it S Myriophyllum spicatum Eurasian water- milfoii 1I P N, C, S Panicum inaxirnum (_ Urwhloo maxima, Guinea grass Ii N, C. S Megathyrsus maximus) Passii fora b f fora two - flowered passion .•ine II S Pennisetum setaeeum green fountain grass 1l S Phoenix reclinata Senegal date palm if C, S Phyllostacliys anrea golden bamboo If N, C Pitmsporam peniandrum Philippine pittosporum, Taiwanese cheesewood It S Pteris vitiata Chinese brake fern It N, C, S Mychosperma elegans solitaire palm It S Rhoeo spaihacea (see Tradcscantia spathacea) Ricinus communis castor bean 1l N. C, S Rolala rotundifolia roundleaf tootheup, dwarf Rotala II 5 Sansevieria hyacintholdes bowstring hemp 11 C, S Sesbania punicea purple sesban, raulebax 11 N, C, S Solanum diphyllum two -leaf nightshade II N, C. S Solanum jamalcense Jamaica nightshade ll C Solanum torvum susumber, turkey berry Il 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: hupJ /www.l1eppc.org/1isYhst. htm or Wildland Weeds Vol. 12(4): 13 -16. Fall 2009, The 2009 list was prepared by the FLEPPC Plant List Committee:. Keith A. Bradley - Chair (2006- present), The Institute for Regional Conservation, 22601 SW 1521 Ave., Miami, FL 33170, (305) 247 -6547, bradley @regionalconservation.org Janice A. Duquesnel, Florida Park Service, Florida Department of Environmental Protection, P.Q. Box 1052, Islamorada, FL 33036, (305) 6644$455, Janice .Duqucsnct@dcp.statc.fl.us David 1ru'. Hall, Private Consulting Botanist, 3656 NW 13" Place, Gainesville, FL 32605, (352) 375 -1370 Roger L. Hammer, Miami -Dade Parks Department, Castellow Hammock Nature Center, 22301 S.W. 162'' Ave., Miami, FL 33030, kaskazi44@comcast.net Patricia L. Howell, Broward County Parks, Environmental Section, 950 NW 38" St., Oakland Park, FL 33309, (954) 357 -8137, phowell@broward.org Colette C. Jaeono, Department of Agronomy, Center For Aquatic & Invasive Plants, 1FAS, University of Florida, 7922 NW 71" St., Gainesville, FL 32653, (352) 392 -6894, coletiei@u4edu Kenneth A. Langeland, Center for Aquatic and Invasive Plants, IFAS, University of Florida, 7922 NW 71" St., Gainesville, FL 32606, (352) 392 -9614, gatorBC)ufl.cdu Chris Lockbart, Florida Natural Areas Inventory, c/o PO. Box 243116, Boynton Beach, FL 33424 -3116, (850) 5096482, clockhart @fnai.org Gil Nelson, Gil Nelson Associates, 157 Leonard's Dr., Thomasville, GA 31792, gilQgilnelson.corn 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 11" Ave., Gainesville, FL 32601 -7816 Sandra M. Vardaman, Alachua County Forever Land Conservation Program, Alachua County Environmental Protection Dept., 201 SE 2'"' Ave., Suite 201, Gainesvlle, Florida 32601, (352) 264 -6603, 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.usf.edu FLEPPC Database - The Florida Exotic Pest Plant Database contains over 75,000 sight records of infestations of FLEPPC Category f and Category 11 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 there 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.usLedu, the Florida Natural Areas Inventory database at www.fnai.org, and The Institute for Regional Conservation Floristic Inventory of South Florida database at www.regionalconservation.org, provides important basic supporting information for the FLEPPC List of Invasive Plant Species. Images and /or distributional data of FLEPPC - listed species may be found at one or more of the following web-sites: University of South Florida Atlas of Florida Vascular Plants, www.plantatlas.usf.edu; the University of Florida Herbarium collection catalog, htip:// www .fmnh.ufl.eduJherbarium/cai/, and image gallery, ht ipJ/ www.ninnh.uR.edu/herbarium/car/ imagesearch.asp; at Fairchild Tropical Botanic Gardens Virtual Herbarium, www. virtualherbarium .org/vhporLat.htnil, The Robert K. Godfrey Herbarium at Florida State University, http: // herbarium .bio.fsu.edu /index.php, the University of Florida's 1FAS Center for Aquatic and Invasive Plants, httpJ /piants.ifas.uil.edu, and the USDA PLANTS database, httpW phints.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. Sphogneticola trilobata (= ",Welia ttilobata) wedelia II N, C, S Stachytarphetacayennensis (= S.uMcifolia) nettle-leaf porterweed II S Syngrus romartzoffiana queen palm l l C„ S (= Arccastrum romanzojfianum) Talipariti lihaceum (= Hibiscus tiliaceus) mahoe, sea hibiscus II C, S Terminalia catappa tropical- almond 11 C, S Terminalia muelleri Australian- almond lI C, S Tradescan0a spothacca oyster plant ll S (- Rhoeo spathacea, Rhoeo discolor) Tribtdus cistoides puncture vine, burr -nut Il N, C, S Uiena lobata Caesar's weed 11 N, C, S Vilex trifolla simple -leaf chaste tree Il C, S Washingtonia robusia Washington fan palm II C, S Wedelia (see Sphagneticola above) Wisteria sinensis Chinese wisteria II N, C Xani iowma sagittifolium malanga, elephant ear Ii N, C, S Citation example: FLEPPC. 2009. List of invasive Plant Species. Florida Exotic Pest Plant Council. Internet: hupJ /www.l1eppc.org/1isYhst. htm or Wildland Weeds Vol. 12(4): 13 -16. Fall 2009, The 2009 list was prepared by the FLEPPC Plant List Committee:. Keith A. Bradley - Chair (2006- present), The Institute for Regional Conservation, 22601 SW 1521 Ave., Miami, FL 33170, (305) 247 -6547, bradley @regionalconservation.org Janice A. Duquesnel, Florida Park Service, Florida Department of Environmental Protection, P.Q. Box 1052, Islamorada, FL 33036, (305) 6644$455, Janice .Duqucsnct@dcp.statc.fl.us David 1ru'. Hall, Private Consulting Botanist, 3656 NW 13" Place, Gainesville, FL 32605, (352) 375 -1370 Roger L. Hammer, Miami -Dade Parks Department, Castellow Hammock Nature Center, 22301 S.W. 162'' Ave., Miami, FL 33030, kaskazi44@comcast.net Patricia L. Howell, Broward County Parks, Environmental Section, 950 NW 38" St., Oakland Park, FL 33309, (954) 357 -8137, phowell@broward.org Colette C. Jaeono, Department of Agronomy, Center For Aquatic & Invasive Plants, 1FAS, University of Florida, 7922 NW 71" St., Gainesville, FL 32653, (352) 392 -6894, coletiei@u4edu Kenneth A. Langeland, Center for Aquatic and Invasive Plants, IFAS, University of Florida, 7922 NW 71" St., Gainesville, FL 32606, (352) 392 -9614, gatorBC)ufl.cdu Chris Lockbart, Florida Natural Areas Inventory, c/o PO. Box 243116, Boynton Beach, FL 33424 -3116, (850) 5096482, clockhart @fnai.org Gil Nelson, Gil Nelson Associates, 157 Leonard's Dr., Thomasville, GA 31792, gilQgilnelson.corn 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 11" Ave., Gainesville, FL 32601 -7816 Sandra M. Vardaman, Alachua County Forever Land Conservation Program, Alachua County Environmental Protection Dept., 201 SE 2'"' Ave., Suite 201, Gainesvlle, Florida 32601, (352) 264 -6603, 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.usf.edu FLEPPC Database - The Florida Exotic Pest Plant Database contains over 75,000 sight records of infestations of FLEPPC Category f and Category 11 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 there 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.usLedu, the Florida Natural Areas Inventory database at www.fnai.org, and The Institute for Regional Conservation Floristic Inventory of South Florida database at www.regionalconservation.org, provides important basic supporting information for the FLEPPC List of Invasive Plant Species. Images and /or distributional data of FLEPPC - listed species may be found at one or more of the following web-sites: University of South Florida Atlas of Florida Vascular Plants, www.plantatlas.usf.edu; the University of Florida Herbarium collection catalog, htip:// www .fmnh.ufl.eduJherbarium/cai/, and image gallery, ht ipJ/ www.ninnh.uR.edu/herbarium/car/ imagesearch.asp; at Fairchild Tropical Botanic Gardens Virtual Herbarium, www. virtualherbarium .org/vhporLat.htnil, The Robert K. Godfrey Herbarium at Florida State University, http: // herbarium .bio.fsu.edu /index.php, the University of Florida's 1FAS Center for Aquatic and Invasive Plants, httpJ /piants.ifas.uil.edu, and the USDA PLANTS database, httpW phints.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 SET_ HOME OF PELICAN ISLAND Z4, V WOO, lit i i i i 7.1 1 -71 1 FUTURE LAND USE MAP 2025 Feet M CONSERVATION COMMERCIAL LIMITED CRA BOUNDARY AGRICULTURE (Max. 1 dLdSaaft) =COMMERCIAL GENERAL CITY sov&uARY VERY LOW DENSITY RESIDENTIAL (M.. 3 Woo) COMMERCIAL 512 COASTAL HIGH HAZARD AREAS 0 1,500 3,000 6,000 �AND DESIGN INNOVATIONS LOW DENSITY RESIDENTIAL (Max. 5 clufac) RFVERFRONT MIXED USE VkATER I W Nor t$i Orlondo Avenue MOBILE HOME (Ma-. 5 dufm) INDUSTRIAL Swtc 29$ MEDIUM DENSITY RESIDENTIAL (Ma. 8 dti/aC) INSTITUTIONAL W;mtor Park- F'Iorido 32789 City of Sebastian Working Waterfront Collaborative Annual Stewardship Report 1 1.° 0!..._ __ 7 , r__,..,J,,:„ . , . , ,,,,. I , , i Stan Mayfield Working Waterfront Program 08-003-WW1 Submitted: October 30, 2010 Covering: June 30, 2010 through October 30, 2010 Contact: Rebecca Grohall, AICP (772) 388-8228 GPI OF 5EBAsTIAN , —.... ..,..., , -,_. . ., HOME OF PELICAN ISLAND 0 Summary The City closed on the six parcels acquired in the program in June 2010, since that time the City has been working on cleaning the parcels up, starting the design phase for reconstruction of the damaged fish house and renovating the old hurricane harbor to house the museum/fish market. This report, while labeled an "annual" stewardship report actually only covers the four month period between which the City acquired the properties on June 30, 2010 and October 30, 2010. The first full annual report will occur in October of 2011. Future Land Use Future Land Use currently in place is RMU Riverfront Mixed Use. The RMU designates a future land use category supports the working waterfront designation and commercial fishing. The land use designation promotes and preserves Sebastian's "Old Florida Fishing Village" heritage. Uses allowed include wet or dry storage of boats, boat sales or rental, bait and tackle shops, fish markets/packing houses and accessory uses for the fishing industry. FCT Sign The sign was installed in 2010 and it is pictured below. a, Archaeological—Historical Resource Survey (if applicable): A survey of archaeological/historical resource has not yet been conducted, but will be conducted once a site plan is drawn up and a construction timetable reached. New 7-22-10 1 Physical improvements Achieve 2010 }d 201.1 120122013 2014 2015 Management lease with Fisherman's Landing Sebastian X Yes In Renovate Hurricane Harbor X progress X In Solicit vendor for fish market X progress Open fish market X Open Museum X FCT recognition sign X Yes Install interpretive kiosk X Extend waterfront boardwalk X Install bike rack at Hurricane Harbor X Site planning for the Fish House X Permitting for the Fish House X Coordinate with the Aquatic Preserve on water quality protection measures X Constructing the Fish House X Landscaping the Fish House property X Stormwater improvements on the Fish House property, as needed X Shoreline plantings on the Fish House property, as needed X Renovate clam raceway X Permitting for push—car rail system X Install a "retro" style push-car rail system X Site plan for ice house X Permitting for the ice house X Solicit vendor for the ice house X Open ice house X Contact the Division of historical resource to see if the facilities qualify for listing on In the National Register of historic Places X progress Photo documentation of the development and management of the site X Yes X X X X X Invasive exotic plant removal X Yes Invasive exotic plant monitoring and removal X X X X X Monitoring and removal of feral animals X Yes X X X X X Annual Stewardship Report X Yes X X X X X New 7-22-10 2 To date, several activities have occurred as part of the renovation of both properties. First, on the Dabrowski dock—gates were installed. The gates are both decorative and functional, made from driftwood they can be used to secure the docks when after hours. qtAVIV 1 kt, 4,tfit ant New gates at Dabrowski dock to help secure the property. Additionally, plans are underway to reconstruct the old fish house, with new areas for provision of ice and a shipping area. A draft conceptual plan is attached that shows the plans in progress (attached). Next door at Hurricane Harbor, a new electric service panel was installed replacing an older model and updating the wiring. The "vermin"removal has been completed and the facility is currently being treated for termites. Next, the City will put out to bid the renovations package for the roof and various interior improvements. On the waterfront area, a stand of Australian Pines has been removed (see picture on the next page) and on the western side of the parcels, invasive brazilian pepper has been eradicated. New 7-22-10 3 Australian Pines removed from eastern parcel adjacent to the water. t , . . ., rte: , No problems have been identified to date that would affect developing the project site. Resource Restoration and Enhancement Restoration activities will take place concurrently with reconstruction of the fish house. Monitoring Monitoring of nuisance and invasive exotic plants and feral animals has been done by manual inspection and plants found have been removed. The site will be re-examined every six months. The monitoring of trash is done on a daily basis and has not yet been a problem. Educational Signs and Displays An education kiosk and permanent structured displays are in progress, will be completed within the next six months. Museum and Educational Programs (if applicable) • Provide the status of opening up a Maritime Museum. • Have educational programs been developed? o If so, discuss the type and the frequency of the program(s). o If not, identify what year a program will be developed and implemented. New 7-22-10 4 Easements, Concessions or Leases To date there are not any concessions or easements. The City has completed a lease agreement with Fisherman's Landing Sebastian, Inc. Submerged Land Lease I requested a letter from DEP and have not received it, however, I am attaching the SLL document that was fully executed dated August 2010 is attached. Business permits A copy of the current Local Business Tax receipt is attached. Revenues No revenues have been collected to date. Management Endowment—(only required for non-profit Working Waterfront Organization) N/A Security N/A Priority Schedule/Time line All projects are moving ahead in accordance with the management plan. Management Plan Changes No changes are proposed at this time. Attachments • Submerged Land Lease • Local Business Tax Receipt (occupational license) • Conceptual site plan New 7-22-10 5 ec CHARLES SEMBLER CITY OF SEBASTIAN (772000-0000 LOCAL BUSINESS TAX RECEIPT No. 3626 1225 MAIN STREET,SEBASTIAN, FL 32958 Date: 10/25/10 Permit Year October 1, 2010 to September 30, 2011 TAX FEE Address: 1532 INDIAN RIVER DR Mg PENALTY SEBASTIAN, FL 32958 SEBASTIAN Activity: WORKING WATERFRONT TRANSFER TAX EXEMPT �a,F,, DUPLICATE Issued to FISHERMANS LANDING SEBASTIAN I ,` p CHARLES SEMBLER ='" f 4. , . PO BOX 782038 HOME OF PELICAN ISLAND . f` SEBASTIAN FL 32978-2038 yfy�_ jfF 2--( A NON-TRANSFERABLE — Linda M:Lohsl,CBTO April 8, 2014 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MARJORY STONEMAN DOUGLAS BUILDING 3900 COMMONWEALTH BOULEVARD TALLAHASSEE, FLORIDA 32399 -3000 Joe Griffin, Interim City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Stewardship Inspection Site Visit Working Waterfront Collaborative aka Crab E. Bills FCT Project # 08- 003 -WW1 Dear Mr. Griffin: RICK SCOTT GOVERNOR CARLOS LOPEZ- CANTERA LT. GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY RECEIVEi City Manager's t 14 2014 f�iUL Thank you for your assistance during the April 1, 2014 Florida Communities Trust stewardship inspection site visit. We found that the City of Sebastian has made good progress in the development and management of the project site. We are pleased with your good stewardship and encourage you to continue with your commitment to this project. If you have any questions, please contact me at (850) 245 -2683 or email at i erry. taber@dep. state. fl. us. Sincerely, Jerry Taber Planner IV Florida Communities Trust www. dep.stateft us MOF SEBASTLA�1V HOME OF PELICAN ISLAND OFFICE OF THE CITY MANAGER 1225 MAIN STREET — SEBASTIAN, FL 32958 PHONE 772-388-8200 — FAX 772-581-0149 leritiinacu%oCsebasuan.orr>—kc«u it%-of>ebastian.ou 13 December 2016 Rita Ventry Land and Recreation Grants Department of Environmental Protection 3800 Commonwealth Blvd., MS 585 Tallahassee, FL 32399-3000 Ms. Ventry: Please find enclosed the 2016 City of Sebastian Stewardship Report relating to the Stan Mayfield Working Waterfront Grant Program. Thank you for your assistance. Joe Griffin City Manager Joseph Griffin From: Ventry, Rita <Rita.Ventry@dep.state.fl.us> Sent: Monday, October 17, 2016 12:57 PM To: Joseph Griffin Subject: RE: Sebastian Joe —Your extension has been approved for 60 days. Please submit your next Annual Stewardship Report by Dec 31, 2016. Thanks! Rita Ventry Planner, Office of Operations Land and Recreation Grants Section Florida Department of Environmental Protection 3800 Commonwealth Boulevard, MS 585 Tallahassee, Florida 32399-3000 RIta.VentryCadep.state.fLus Office: 850.245.2683 Please take our Customer Survey to provide feedback on our services! Select "Grants' for my Section. DEP Customer Survey From: Joseph Griffin[mailto:JGriffin@CitvOfSebastian.ore] Sent: Friday, October 14, 2016 3:02 PM To: Ventry, Rita <Rita.Ventry@dep.state.fl.us> Subject: Sebastian Ms. Ventry: Your name -mail was given tome by Linda Reeves. In recent years I have dealt with Jerry Taber from FCT on this issue. There is a report due to FCT by us on our Stan Mayfield Working Waterfront Grant. I am requesting an extension because of hurricane issues that I am dealing with throughout our City. Thank you; Joe Griffin City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 772-388-8200 office 772-581-0149 FAX www.citvofsebastian.org Florida Communities Trust Stan Mayfield S ay field Working Waterfronts Application Training Workshop " '{{1i ++ FLORIDA COMMUNITIES TI'EUST htt ://www.floridacommunit develo mentor M p / a ieldWaterfronts/index Y P 9 Yf Florida Communities Trust Stan Mayfield Working Waterfronts Application Training Workshop httpL'www.flondacommunitydevelopmentcrg MayfieldWaterfrcnts/index Program Overview ■ The Stan Mayfield Working Waterfronts program was created by the 2008 Legislature during the re- authorization of Florida Forever. ■ The program was created to assist in the preservation of Florida's traditional working waterfronts. Program Overview • A working waterfront is'. • A parcel or parcels of and 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. • A parcel or parcels of and used for exhibitions,demonstrations, educational venues,civic events,and other purposes that promote and educate the public about economic,cultural,and historic heritage of Florida's traditional working.waterfronts,including the marketing of the seafood and aquacuiture industries • The acquisition of and used for recrestional waterfront actiOi!ies would not be considered for the SMNaugrarn. 1 Program Overview • The Stan Mayfield Working Waterfronts program receives 2.5 percent of the total Florida Forever funds each year • $7.5 million will be available for the 2008 cycle Program Overview Eligible applicants are: • Local governments • Non-profit working waterfront organizations that are tax exempt under section 501(c)(3) of the United States Internal Revenue Code. Program Overview Application deadline • For the 2008 application cycle, cities, (Q. counties and eligible non-profit organizations may submit applications for funding until :\ie 5 p.m. Wednesday, November 26. 2 Program Overview • There is no match requirement for this program, • However, match is incentivized through additional points that increase the likelihood of funding Application Review Process • Once received,FCT Evaluation staff(and other agencies)review and score applications and determine sufficiency of business summary(if applicable) • FCT Evaluation staff conducts site visits as needed • FCT provides applicants with an evaluation report and business summary sufficiency determination report Application Review Process • The Florida Communities Trust Governing Board meets to review rankings and provide applicants the opportunity to voice objections about the application review. ■ The FCT Governing Board will adjust scores as necessary and create the final ranking list for submission to the Board of Trustees(Governor and Cabinet) ■ Applicants with business summaries deemed insufficient will not be included on the ranking list considered by the Board of Trustees 3 Application Review Process • The Board of Trustees will approve projects for funding at the first Cabinet meeting in February ■The Board of Trustees may not add projects to the ranking list,they may only remove projects from the list Preparing Application Form SMWW-1 Submitting an Application • Prepare three sets of application materials • (1 original and 2 copies). • •„ �� • Place each set in a * three ring binder of r• appropriate size. • No additional information is accepted after the application deadline, • Unless specifically requested by FCT staff. 4 Transmittal Letter . Must: •Accompany the application • Be on official letterhead •Statement binding applicant to fulfill commitments made in application •Signature of ' • •' , anager or Assistant Manager,o Executive Direct() •f the non- rofit,g • Also include. r€536 f •Transmittal letter from partner,if ap licable • An example Transmittal Letter can be found on the FCT web page Preparing Form SMWW-1 1. PROJECT NAME •Use descriptive ro'ect name 5.. ' P J 2. APPLICANT NAME •Name of local government or Non-profit Working Waterfront Organization •If Non-profit Working Waterfront Organization, provide information requested in Exhibits G,J, K and L 3. PARTNERSHIP APPLICATION •If the application is a partnership application between a local government and a Non-profit Working Waterfront Organization •Provide transmittal letter from partner 4. KEY CONTACT •Required to be an employee of the local government or representative of non-profit organization •Identify only one key contact 5 5. PROJECT SITE LOCATION • Cite only one Section, Township and Range to indicate where the project acreage is located • Include all directional designations (north, south, east or west) 6. TOTAL PROJECT ACREAGE • Indicate the approximate acreage of the project site i , r 7. TYPES OF ACQUISITIONS • Check one of the following two types of acquisition ■ Joint: Acquisition of fee simple interest in the property • Less than fee.Working Waterfront Covenants: Will acquire a less than fee interest in the site—acquiring the development rights • Number of separate ownerships: Provide the number of separate ownerships within the project site-no more than three ?ilra9L 8. ESTIMATED PROJECT COSTS Consists of: Estimated Land Purchase Price +Acquisition Costs such as: Surveys(also in an electronic format) Appraisals Title Environmental Site Assessment = Total Project Costs (round out all costs to the nearest$1,000) 6 8. ESTIMATED PROJECT COSTS Consult with FCT staff or other knowledgeable persons for help with estimating these costs • a.Land purchase price: the local property appraiser's office,local appraisers or other real estate professionals • • b.Acquisition costs: •Cost of certified surveys: local surveyors,engineers ■Cost of appraisal and review: Property Appraiser's Office,local appraisers •Cost of title report(s)and insurance: local title companies or real estate attorneys •Cost of environmental audit(s): environmental site assessment companies and engineers 9. AWARD AMOUNT/MATCH • No Match is required • If the applicant provides a match, points are awarded -See Criterion 4(a) (1) and (2) 10. SOURCE OF MATCH • Check all blocks that apply • Eligible sources of match may include funds from: • Local governments • Nonprofit working waterfront organgat■ons • State or federal grants • Private cash donations • Value of real property located by the Landowner • If funds are from a source other than the applicant • Provide a letter from,he fulling:tyency vrl :unnr t'•tg!n provide the funds 7 Ownership • Willing owner letters must be included for all parcels(Exhibit H) • The project site can contain no more than three separate ownerships • Provide: • Owner's name(s) • Parcel Tax ID Number(s) •Owner's mailing address • Owner's phone number Project Summary • A Local Government proposes to acquire fee simple interest for a public use such as: • maritime museum • educational venue • civic event area To educate the public about the historic heritage of Florida's traditional working waterfronts • The recommended size-one page • A Business Summary is not required for this type of project • • 06. 1,A .py Business Summary AAAA _ �' ` J • When the site is to be operated as a Working Waterfront -e• Recommended size-two to live pages ��)1/491' tildvr • The summary should include • A description of the existing andror proposed activities nn me site • How the Project Site would further the protection and continunpnn of a Working Waterfront • How the development and management of pie Project Site,..I pro,de an economic benefit to the community • Ownership and management •Local government or NPO owned and managed •Local government or NP0 owned and leased to a mud parry •Less than fee working waterfront covenants 8 Management Plan • A management plan is required for all projects prior to closing • Management plan consists of: •Business summary—a more detailed discussion •Commitments made in the grant application •Best Management Practices BREAK 10 minutes Project Evaluation Criteria 9 Project Evaluation Criteria Section Criteria 1. Location 5 T. Economic Consideration 3 3. Site Suitability/Readiness 8 4. Financial Contribution 4 5. Community Planning 3 6. Public Education 3 26 Awarding of Points • For all the criteria—either all or zero points are awarded • Check either the"Yes"box or the"No"box • Provide response and documentation as required • Identify in which Exhibit the documentation is provided • If the documentation or the Exhibits are not provided --NO POINTS WILL BE AWARDED-- Location 1(a)The Project Site is located within the boundary of a locally designated Community Redevelopment Area as defined in s.163.340,F.S.and furthers the adopted community redevelopment plan(10 points). ■ Provide a map showing the boundaries of the CR ■ Provide a copy of the adopted community.--W redevelopment plan ��t (�� fl ■ Contact the local government planning department t!1 obtain the required documentation 10 • Location 1(b)The Project Site is adjacent to state-owned submerged lands designated as an aquatic preserve identified in s.258.79,F.S. (10 points). ■Contact the Department of Environmental Protection's Office of Coastal and Managed Areas for documentation • Map • Letter • •Contact Penny Isom at CAMA at(85x7%245-2098)or e-a,1 (penny somreldeo-state fl u�) •Fora list of Aquatic Preserves-visit the DEP web site http/Avww dep state.fi usiccastal,programs;aquatic htm Location 1(c)The Project Site is located within a municipality with a population less than 30,000(10 points). • Go to the FCT web page for the most recent population numbers Location 1(d)The Project Slte Is within an area designated as an active "Waterfronts Florida Partnership Community"(9 points). • Contact the Department of Community Affairs''Naterfrrrts Florida Partnership for documentation • Map • Letter • Go to the FCT web page for the list of areas designated as a "Waterfronts Florida Partnership Community" • Contact Shawna Bajl with the Waterfronts Florida Partnership Program at Shawna.Beil( dca.state•fl.us or(850)921 4801 • 11 Location 1(e)The Project Site provides services and is located within 15 miles of a state designated aquaculture "High Density Lease Area"(5 points). ■ Contact the Department of Agriculture and Consumer Services for documentation • Map • Letter ■ Contact Sherman Wilhelm with the Department of Agriculture and Consumer Services at wilhels aadoacs.state.fl.us or(850)488-4033 Location 1(f)The Project Site is within an area designated as a "Rural Area of Critical Economic Concern" (4 points). • Go to the FCT web page for the list of areas designated as a"Rural Area of Critical Economic Concern" Economic Consideration 2(a)The proposed project provides an economic benefit to the community(10 points). • Discuss how the acquisition,development and management of the Project Site will provide an economic benefit to the community • Make sure that the discussion is consistent with the Project Summary or Business Summary 12 Economic Consideration 2(b)The Project Site is located in a municipality or in the unincorporated county with a growth rate that exceeds the average growth rate for the state,as shown by population increase since the last census (10 points). • Go to the FCT web page of the growth rate for municipality or the unincorporated county Economic Consideration 2(c)The Project Site has sustained hurricane damage In the past 5 years such that operation capacity was reduced or normal operations were Interrupted for a period of not less than two weeks(5 points). • Identify the hurricane and year • Provide a state or federal document verifying that the project site sustained significant hurricane damage • Such as a copy of the Department of Environmental Protection's Emergency Authorization for the repair of the docking facility • Document that operation capacity was reduced or normal operations were interrupted for a period of not less than two weeks • If the facility was not in operation at the time of the hurricane-no points Site Suitability/Readiness 3(a)The Project Site contains existing structures that can be used or require only minor Improvements,for use as commercial saltwater fisheries or aquaculture operations(points may be awarded based on the following criteria): • (1)Docking facility for commercial fishing vessels(12 points); • (2)A Seafood House or other buildings to be used for Working Waterfronts Business(10 points); • (3)Boat ramp for commercial fishing vessels(8 points); • 14)Storage area for traps,nets,and other gear needed for commercial Ilshing or aquaculture operations(4 points). 13 Site Suitability/Readiness 3(a)(1) Docking facility for commercial fishing vessels (12 points); • Describe the existing docking facility •Condition of the existing docking facility •Proposed uses for the docking facility • Provide photographs of the docking facility Site Suitability/Readiness 3(a)(2)A Seafood House or other buildings to be used for Working Waterfronts Business(10 points); • Describe the existing building •Condition of the existing building •Proposed uses for the building • Provide photographs of the building Site Suitability/Readiness 3(a)(3) Boat ramp for commercial fishing vessels (8 points); • Describe the existing boat ramp •Condition of the existing boat ramp •Proposed uses for the boat ramp • Provide photographs of the boat ramp 14 Site Suitability/Readiness 3(d)The proposed project will be acquired using a less-than-fee Working Waterfront Covenant for all of the land to be acquired(5 points). • Describe the existing or proposed activities that will te conducted • Affidavit that the owner is willing to sell the development rights • Go to the FCT web page for an example of a less-than- fee Working Waterfront Covenant affidavit Site Suitability/Readiness 3(e)The Project Site will participate in Florida's Clean Marina Program(4 points). ■ The applicant will work with the Department of Environmental Protection to implement a Clean Marina Program at the Project Site • For more information regarding the Florida's Clean Marina Program visit the Clean Marina web site at www.floridacleanmarina.com or call the Clean Marina Program at 850 245-2100 • Financial Contribution 4(a)Providing a share of the eligible Match.The Applicant Is committed to: Ill Providing a Match between 25 percent to 34 percent of the Project Costs. or.for Small Local Governments as defined in 9K4.002121)and Nonprofit Working Waterfront Organizations,a Match between 10 percent and 19 percent of the Project Costs t5 points);or i2)Providing a Match of 35 percent or more of the Project Costs,or,for Small Local Governments as defined in 91(4,002(21)and Nonprofit Workln Waterfront Organizations,a Match of 20 percent or more of the Project Costs Ito points). • !,latch is not required • Applicants who provide matching funds at the above levels v ii be awarded {mints • Go to the FCT web page for the most recent population numbers 16 Community Planning 5(a)The project is located in a Future Land Use category,zoning district,or overlay district that has been identified for the protection and preservation of Working Waterfronts(5 points). • Map showing that the site is located in a Future Land Use category, zoning district,or overlay distract that has been identified for the protection and preservation of Working Waterfronts • Purpose of the Future Land Use category,zoning district.or overlay district and how it furthers the protection and preservation of Working Waterfronts • Contact the local government planning department to Obtain the required documentation Community Planning 5(b)The project furthers local government comprehensive plan objectives and policies that ensure the protection and preservation of Working Waterfronts for use by commercial fishermen,aquacuiturists,or business entities that support these industries(S points); • Summary of the policy or objective • Describe how the comprehensive plan's objectives and policies further the protection and preservation of Working Waterfronts • Copy of the local government's comprehensive plan's objectives and policies • Contact the local government planning department to obtain the required documentation Community Planning 5(c)The project furthers local government comprehensive plan objectives and policies to provide facilities that promote and educate the public about the economic,cultural and historical heritage of Florida's traditional Working Waterfronts(3 points). • Summary of the policy or objective • Descnbe how these objectives and policies further the provision of facilities mat promote and educate the public about the economic,cultural and historical heritage of Florida's traditional Working'Waterfronts • Colicipy of the focal government's comprehensive plan's objectives and poes • Contact the local government planning department to obtain the required documentation 18 Public Education 6(a)The Project Site provides a permanent structure containing displays of artifacts and other items open to the public that provide Information about the economic,cultural or historic heritage of Florida's traditional Working Waterfronts(4 points). • Describe the proposed permanent structure • Types of artifacts and other items to be displayed that will provide .nformabon about the economic,cultural or historic heritage ci Florida's traditional Working Waterfronts to the public • Approximate location of the structure • How public access to the structure will be pro■;ded Public Education 6(b)The Project Site contains a structure(s)that is listed on the National Register of Historic Places administered by the National Park Service(3 points). ■ Provide documentation from the Division of Historical Resources ■ Map • Letter ■ Contact Division of Historic Resources at(850)245-6333 well in advance of the application deadline Public Education 6(c)Interpretive kiosk or signs will be provided that educate the public about the economic,cultural,or historic heritage of Florida's traditional Working Waterfronts(2 points). • Describe how the proposed kiosk or signs will,•rducate the cubic about the economic,cuitural,or historic heritage of f onda's traditional Working Waterfronts • Describe the approximate location of the desk or sign • Describe how public access to the F rsk or-ion:viii^e pfl,rfvd 19 Exhibits • All exhibits are required to be submitted with the grant application • Provide a label and tab for each exhibit • Legible and of an appropriate scale • If a specific exhibit is not applicable, include an exhibit page so stating this • Locate the exhibits after the project evaluation criteria section of the application • If additional Exhibits are needed place them after the required Exhibits and alphabetize as needed • Show the project boundary on all maps Exhibit A USGS Map • Provide a United States Geological Survey 7 'h-minute quadrangle map • Clearly delineate the project site location on the map Exhibit B Property Appraiser's Map • Provide a county property appraiser's tax map delineating the: •project site boundary •ownership boundaries •name of the adjacent roads •names of property owners •parcel tax identification numbers • The tax map should use an appropriate scale 20 Exhibit C Aerial Photo • Provide an aerial photograph, at 1 inch=2,000 feet or greater detail • Clearly delineate the project site boundary on the aerial photograph Exhibit D Existing Physical Improvements • Provide a map identifying all existing physical improvements,alterations or disturbances • Identify any existing or proposed easements or rights-of-way • If the project site included improvements,provide a discussion(ie.age,size, type, photographs, etc.) Exhibit E Conceptual Site Plan • Provide a conceptual site plan for the project that clearly delineates the site boundary and shows the approximate location of all proposed improvements and facilities 21 Exhibit F Site Photos • Provide one set of labeled photographs to be included in the original application that documents or-site features such as: • Existing structures and disturbed areas ■Natural communities,waterbodies,shorelines • Historical or archaeological features • Include a legend that identifies the site location and subject matter of photograph • Number of photos depends on the size of your site . Rule of thumb 12 photos for small sites—24 for medium and large sites Exhibit G Non-profit Working Waterfront Organizations • Status as a Non-profit Working Waterfront Organization as defined in subsection 9K-9.002(16), F.A.C. Exhibit H Willing Owner • Fee acquisition—willing owner affidavit • from the owners)of all parcel(s),indicating their willingness to consider an offer. • Less than fee acquisition —willing owner affidavit •willing to soil the development r ghts off the property • Go to the FCT website for affidavit forms 22 Exhibit I Local Comprehensive Plan • Provide a copy of each local comprehensive plan objective and policy cited in the grant application that applies to the project site. • It is helpful to FCT staff if you highlight or underline the applicable plan directive being referenced Exhibit J Non-profit Working Waterfront Organizations • 501(c)(3)organization ■ Internal Revenue Service-Tax Exemption Certificate • Copy of the Bylaws • Copy of the Articles of Incorporation • Need to show that the primary purpose and goals of the organization is to support Working Waterfront • Exhibit K Non-profit Working Waterfront Organization • Evidence that the con-profit work,rg waterfront crgara'ation has funds On band,or commitment ietlers for at de:■:aced endowment fund for management • ;!)Foe s,r tie a•'.or,rt e• a t_ _n(.p..ean, • Mood oash d—bank arrant • (-.:.dues-to ...:a ,':e I rd r at: ng • Go to the FCT rb page for an example or a t:;e,7ge form 23 Exhibit L Non-profit Working Waterfront Organization Back up manager • Guaranty from: • Local Go'.ernment • Water Management D,stnct • Managing Agency of Board of Trustees • Will manage the project site in the event the Non-profit Organization is unable to continue to manage the property • Go to the FCT web page for an example of a backup manager letter Acquisition Process ,f Acquisition Process • FCT staff conducts all acquisition activities • FCT staff will coordinate with applicant during the acquisition process 24 Acquisition Steps If your project is funded, all of the following acquisition activities will take place: • Title Search • Appraisal(s) 4\7,111 • FCT Appraisal Review -1 • Contract Preparation "1p • Negotiation Acquisition Steps • Management Plan Approval • Real Estate Closing(includes survey, environmental site assessment and title insurance. Note:The entire project site will be negotiated and acquired by FCT Upon acquisition,the recipient holds title to the prolect site. I.� FCT Contacts Applications and Management Plans • Grant Gelhardt,(850)922-1704 grant gelhardt8idca.state fl.us Appraisals ■ Caroline Sutton, /850)922-1707 Caroline sutton(idca.state.fl.us Acquisition • Delbert Harvey, 1850)922-1702 delbert.hawey.adca state.ft us Closing and Legal Matters • Kristen Coons.(850)922-1700 kristen.coons a-dca state_fl_us 25 � I For more information,please visit the Florida Communities Trust website at www floridacommunit';development.orq.fct or the Stan Mayfield Working Waterfronts Program website at w w.floridacommunitvdevelopment.orgjmavfieldwaterfronts.index A Community ::"mss„•.,., Affairs 26 J