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HomeMy WebLinkAbout2011 11 01 Ltr from DEP �`pRO ` ON Florida Department of Rick Scott �' Governor Environmental Protection Jennifer Carroll `P ° Marjory Stoneman Douglas Building Lt. Governor FuO*R ®A ' 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Herschel T. Vinyard Jr. Secretary November 1,2011 Al Minner,City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32300-1600 Re: Compliance Warning: Restaurant and Related Activities FCT project: 08-003-WW1 Sebastian Working Waterfront Dear Mr. Minner: In regards to our compliance warning letter of September 27,2011,over the last month we recognize that the City of Sebastian(City) has taken the appropriate steps to bring the Sebastian Working Waterfront project site into compliance with the Declaration of Restrictive Covenants and the approved management plan. Based on your correspondence dated October 26,2011,it is our understanding that existing restaurant operation,sit-down bar,Tiki bar and live music activities have ceased. To address the remaining issue of the lease and subleases being executed without Florida Communities Trust's review and approval,please have the enclosed addendums to the lease and sublease executed by the appropriate parties and sent back to us. I want to thank the City for taking timely actions to resolve the compliance issues. If you have any questions,please contact Grant Gelhardt at(850) 945-2702. Sincerel , // Clay Smallwood Director Division of State Lands CS/gg Enclosures www.dep.statell.us FIRST ADDENDUM TO THE LEASE BETWEEN THE FISHERMAN'S LANDING SEBASTIAN,INC. AND INDIAN RIVER SEAFOOD, INC. THIS First Addendum To The Lease Between The Fisherman's Landing Sebastian, Inc. and Indian River Seafood, Inc. is made this day of 2011 by FISHERMAN'S LANDING SEBASTIAN, INC., a non-profit corporation organized and existing under the laws of the State of Florida whose address is PO Box 782038, Sebastian, Florida 32978-2038 herein after referred to as the "LESSOR" and INDIAN RIVER SEAFOOD, INC., a Florida corporation whose address is 1540 Indian River Drive, Sebastian, Florida 32958, hereinafter referred to as the"LESSEE". WITNESSETH: This Addendum amends the language of The Lease Between The Fisherman's Landing Sebastian, Inc. and Indian River Seafood, Inc. entered into on the 7th day of June 2011 by the above referenced parties to incorporate the following language: WHEREAS, the LESSOR holds the leasehold to certain real property owned by the City of Sebastian, hereinafter referred to as the "OWNER"; and WHEREAS, OWNER has acquired the Property with partial funding from the Florida Communities Trust (FCT), and the Property is subject to certain limitations provided in the FCT Declaration of Restrictive Covenants (as recorded in OR Book , Pages in Brevard County, Florida) ("Declaration"), the terms of the Declaration are hereby incorporated by reference; and WHEREAS, as part and condition of the FCT funding, the OWNER provided and FCT approved a Management Plan for the Property, the terms of the Management Plan are hereby incorporated herein by reference. Activities on the Property must adhere to the terms and conditions contained in the Management Plan; and WHEREAS, FCT shall approve and review all leases, subleases, easements or other similar documents that affect the Property funded by FCT before the documents are executed by any and all parties. FCT's approval shall not be unreasonably withheld. Execution of documents without FCT's prior review and written approval shall be deemed null and void; and WHEREAS, FCT and OWNER shall approve all ancillary business practices and/or ancillary activities conducted on the Property; to ensure such businesses or activities comply with the terms in the Declaration and Management Plan; and WHEREAS, FCT shall be notified at Department of Environmental Protection, 3900 Commonwealth Boulevard, MS#103, Tallahassee, Florida 32399; and WHEREAS, the Declaration's restrictions on the FCT funded property are superior to any other restrictions placed upon the property; and 1 WHEREAS, LESSOR and LESSEE intend that the conservation and recreation values of the Property be preserved and enhanced in accordance with the Management Plan, as it may be amended from time to time only after review and approval by FCT; and WHEREAS, all activities by the LESSOR and LESSEE shall be consistent with the Declaration and Management Plan. IN WITNESS WHEREOF, the parties have caused their names and seals to be hereunto affixed on the day and year first above written. LESSOR FISHERMAN'S LANDING SEBASTIAN,INC., A Florida not-for-profit corporation By: Name: Title: LESSEE Indian River Seafood, Inc. a Florida corporation By: Name: Title: REVIEWED AND APPROVED FOR FLORIDA COMMUNITIES TRUST BY: Mike Long,Assistant Division Director Division of State Lands Florida Communities Trust FIRST ADDENDUM TO THE LEASE BETWEEN THE CITY OF SEBASTIAN AND THE FISHERMAN'S LANDING SEBASTIAN,INC. THIS First Addendum To The Lease Between The City Of Sebastian And The Fisherman's Landing Sebastian, Inc. is made this day of , 2011 by the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, having its principal office at 1225 Main Street, Sebastian, Florida 32958 herein after referred to as the "LESSOR" and FISHERMAN'S LANDING SEBASTIAN, INC., a non-profit corporation organized and existing under the laws of the State of Florida whose address is PO Box 782038, Sebastian, Florida 32978-2038 hereinafter referred to as the "LESSEE". WITNESSETH: This Addendum amends the language of The Lease Between The City Of Sebastian And The Fisherman's Landing Sebastian, Inc. entered into on the 28th day of July 2010 by the above referenced parties to incorporate the following language: WHEREAS, LESSOR has acquired the Property with partial funding from the Florida Communities Trust (FCT), and the Property is subject to certain limitations provided in the FCT Declaration of Restrictive Covenants (as recorded in OR Book , Pages in Brevard County, Florida) ("Declaration"), the terms of the Declaration are hereby incorporated by reference; and WHEREAS, as part and condition of the FCT funding, the LESSOR provided and FCT approved a Management Plan for the Property, the terms of the Management Plan are hereby incorporated herein by reference. Activities on the Property must adhere to the terms and conditions contained in the Management Plan; and WHEREAS, FCT shall approve and review all leases, subleases, easements or other similar documents that affect the Property funded by FCT before the documents are executed by any and all parties. FCT's approval shall not be unreasonably withheld. Execution of documents without FCT's prior review and written approval shall be deemed null and void; and WHEREAS, FCT shall be notified at Department of Environmental Protection, 3900 Commonwealth Boulevard, MS#103, Tallahassee, Florida 32399; and WHEREAS, the Declaration's restrictions on the FCT funded property are superior to any other restrictions placed upon the property; and WHEREAS, LESSOR intends that the conservation and recreation values of the Property be preserved and enhanced in accordance with the Management Plan, as it may be amended from time to time only after review and approval by FCT; and WHEREAS, all activities by the LESSOR and LESSEE shall be consistent with the Declaration and Management Plan. 1 IN WITNESS WHEREOF, the parties have caused their names and seals to be hereunto affixed on the day and year first above written. Signed, sealed and delivered in the presence of: LESSOR ATTEST: CITY OF SEBASTIAN, a municipal corporation of the State of Florida By: Name: Print Name: City Clerk Title: APPROVED AS TO FORM AND CORRECTNESS: ROBERT A. GINSBURG, CITY ATTORNEY Signed, sealed and delivered in the presence of: LESSEE FISHERMAN'S LANDING SEBASTIAN,INC. Print Name: By: Name: Print Name: Title: REVIEWED AND APPROVED FOR FLORIDA COMMUNITIES TRUST BY: Mike Long, Assistant Division Director Division of State Lands Florida Communities Trust