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
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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.
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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