HomeMy WebLinkAbout2010-067 � . � 0 � � 10
2058969
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2412 PG : 597 , Pagel of 16
04/13/2010 at 03 : 53 PM ,
JEFFREY K BARTON , CLERK OF COURT
This Instrument Prepared By :
Pattie J . Scott
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No . 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE
BOT FILE NO . : 310345813
PA NO . :
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH : That for and in consideration of the faithful and timely performance of and compliance with all
terms and conditions stated herein , the Lessor does hereby lease to Indian River County , Florida, hereinafter referred
to as the Lessee, the sovereignty lands described as follows :
A parcel of sovereignty submerged land in Section 13 ,
Township 32 South , Range 39 East, in the Indian River,
Indian River County , containing 40 , 846 square feet, more
or less, as is more particularly described and shown on
Attachment A , dated December 3 , 2009 .
TO HAVE THE USE OF the hereinabove described premises for a period of 5 years from January 25 , 2010 , the
effective date of this lease . The terms and conditions on and for which this lease is granted are as follows :
1 . USE OF PROPERTY : The Lessee is hereby authorized to operate three public access docks exclusively to be
used for temporary mooring, of recreational vessels in conjunction with an upland public recreational area on spoil island 1825 ,
without fueling facilities, without a sewage pumpout facility and without liveaboards as defined in paragraph 24 , as shown
and conditioned in Attachment A . All of the foregoing subject to the remaining conditions of this lease .
2 . AGREEMENT TO EXTENT OF USE : This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein . The Lessee shall not change or add to the approved use of the leased premises as defined
herein (e . g. , from commercial to multi -family residential , from temporary mooring to rental of wet slips, from rental of wet
slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or
temporary mooring of charter/tour boats , from loading/offloading commercial to rental of wet slips , etc . ), shall not change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit, or shall not change the type of use permitted by the Lessee ' s riparian upland easement that is more
particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, and , if
applicable, the removal of any structures which may no longer qualify for authorization under the modified lease of the
riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the Lessor' s written
authorization in the form of a modified lease, the payment of additional fees, if applicable . if at any time during the lease term
this lease no longer satisfies the requirements of subparagraph 18 -21 . 01 1 ( 1 )(b)7 . , Florida Administrative Code, for a fee
waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18 -21 . 011 , Florida
Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease .
3 . EXAMINATION OF LESSEE ' S RECORDS : The Lessor is hereby specifically authorized and empowered to
examine, for the term of this lease including any renewals, 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 .
I021
G COUN TY' AT ORNEY'S OFFICE
IRIDIAN RIVER COUNTY
1801 27th Stmt
Vero Beach , Florida 32960
� . � 0 � � 10
2058969
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2412 PG : 597 , Pagel of 16
04/13/2010 at 03 : 53 PM ,
JEFFREY K BARTON , CLERK OF COURT
This Instrument Prepared By :
Pattie J . Scott
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No . 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE
BOT FILE NO . : 310345813
PA NO . :
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH : That for and in consideration of the faithful and timely performance of and compliance with all
terms and conditions stated herein , the Lessor does hereby lease to Indian River County , Florida, hereinafter referred
to as the Lessee, the sovereignty lands described as follows :
A parcel of sovereignty submerged land in Section 13 ,
Township 32 South , Range 39 East, in the Indian River,
Indian River County , containing 40 , 846 square feet, more
or less, as is more particularly described and shown on
Attachment A , dated December 3 , 2009 .
TO HAVE THE USE OF the hereinabove described premises for a period of 5 years from January 25 , 2010 , the
effective date of this lease . The terms and conditions on and for which this lease is granted are as follows :
1 . USE OF PROPERTY : The Lessee is hereby authorized to operate three public access docks exclusively to be
used for temporary mooring, of recreational vessels in conjunction with an upland public recreational area on spoil island 1825 ,
without fueling facilities, without a sewage pumpout facility and without liveaboards as defined in paragraph 24 , as shown
and conditioned in Attachment A . All of the foregoing subject to the remaining conditions of this lease .
2 . AGREEMENT TO EXTENT OF USE : This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein . The Lessee shall not change or add to the approved use of the leased premises as defined
herein (e . g. , from commercial to multi -family residential , from temporary mooring to rental of wet slips, from rental of wet
slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or
temporary mooring of charter/tour boats , from loading/offloading commercial to rental of wet slips , etc . ), shall not change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit, or shall not change the type of use permitted by the Lessee ' s riparian upland easement that is more
particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, and , if
applicable, the removal of any structures which may no longer qualify for authorization under the modified lease of the
riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the Lessor' s written
authorization in the form of a modified lease, the payment of additional fees, if applicable . if at any time during the lease term
this lease no longer satisfies the requirements of subparagraph 18 -21 . 01 1 ( 1 )(b)7 . , Florida Administrative Code, for a fee
waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18 -21 . 011 , Florida
Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease .
3 . EXAMINATION OF LESSEE ' S RECORDS : The Lessor is hereby specifically authorized and empowered to
examine, for the term of this lease including any renewals, 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 .
I021
G COUN TY' AT ORNEY'S OFFICE
IRIDIAN RIVER COUNTY
1801 27th Stmt
Vero Beach , Florida 32960
4 . MAINTENANCE OF LESSEE' S RECORDS : The Lessee shall maintain separate accounting records for:
(i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of
the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years .
This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
5 . PROPERTY RIGHTS : The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership . The Lessee is further prohibited from making any claim, including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re-sold.
6 . INTEREST IN RIPARIAN UPLAND EASEMENT : During the term of this lease, the Lessee shall maintain the
Lessee ' s riparian upland easement that is more particularly described in Attachment B and by reference made a part hereof
together with the riparian rights appurtenant to said riparian upland easement, and if such easement interest is terminated, the
lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's easement interest over and
across the riparian upland property, Lessee shall inform any potential buyer or transferee of: (a) the Lessee's easement over and
across the riparian upland property; (b) and the existence of this lease and all its terms and conditions and shall complete and
execute and documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do
so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,
but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act.
7 . ASSIGNMENT OF LEASE : This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
8 . INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS : The Lessee shall investigate all claims of every
nature at its expense . Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto , as provided in Section 768.28 , Florida Statutes, as amended from
time to time, or any other law providing limitations on claims .
9 . VENUE : Lessee waives 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.
10 . NOTICES/COMPLIANCE/TERMINATION : The Lessee binds itself, its successors and assigns, to abide by
the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its
successors and assigns . In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to
comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor' s notice to correct, this lease
may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described
parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this
lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or
administrative rules shall be sufficient if sent by U. S . Mail to the following address :
Indian River County, Florida
1801 - 27th Street
Vero Beach, Florida 32960
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.
11 . TAXES AND ASSESSMENTS : The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease.
Page 2 of 16 Pages
Sovereignty Submerged Lands Lease No . 310345813
4 . MAINTENANCE OF LESSEE' S RECORDS : The Lessee shall maintain separate accounting records for:
(i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of
the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years .
This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
5 . PROPERTY RIGHTS : The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership . The Lessee is further prohibited from making any claim, including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re-sold.
6 . INTEREST IN RIPARIAN UPLAND EASEMENT : During the term of this lease, the Lessee shall maintain the
Lessee ' s riparian upland easement that is more particularly described in Attachment B and by reference made a part hereof
together with the riparian rights appurtenant to said riparian upland easement, and if such easement interest is terminated, the
lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's easement interest over and
across the riparian upland property, Lessee shall inform any potential buyer or transferee of: (a) the Lessee's easement over and
across the riparian upland property; (b) and the existence of this lease and all its terms and conditions and shall complete and
execute and documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do
so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,
but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act.
7 . ASSIGNMENT OF LEASE : This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
8 . INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS : The Lessee shall investigate all claims of every
nature at its expense . Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto , as provided in Section 768.28 , Florida Statutes, as amended from
time to time, or any other law providing limitations on claims .
9 . VENUE : Lessee waives 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.
10 . NOTICES/COMPLIANCE/TERMINATION : The Lessee binds itself, its successors and assigns, to abide by
the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its
successors and assigns . In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to
comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor' s notice to correct, this lease
may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described
parcel of land shall revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this
lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or
administrative rules shall be sufficient if sent by U. S . Mail to the following address :
Indian River County, Florida
1801 - 27th Street
Vero Beach, Florida 32960
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.
11 . TAXES AND ASSESSMENTS : The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease.
Page 2 of 16 Pages
Sovereignty Submerged Lands Lease No . 310345813
12 . NUISANCES OR ILLEGAL OPERATIONS : 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 .
13 . MAINTENANCE OF FACILITY/RIGHT TO INSPECT : The Lessee shall maintain the leased premises in good
condition , keeping the structures and equipment located thereon in a good state of repair in the interests of public health , safety
and welfare . No dock or pier shall be constructed in any manner that would cause harm to wildlife . The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time .
14 . NON - DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual 's
race , color, religion , sex, national origin , age, handicap , or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term , the Lessee
shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee . It shall be the responsibility of the Lessee to post the placard in a manner which
will
provide protection from the elements, and , in the event that said placard becomes illegible at any time during the term of this
lease ( including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided .
15 . ENFORCEMENT OF PROVISIONS : No failure, or successive failures, on the part of the Lessor to enforce any
provision , nor any waiver or successive waivers on its part of any provision herein , shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches .
16 . PERMISSION GRANTED : Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate .
17 . RENEWAL PROVISIONS : Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws , rules and regulations in effect at
that time . In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a
renewal . Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on
the last day of the previous lease term . If the Lessee fails to timely apply for a renewal , or in the event the Lessor does
not
grant a renewal , the 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 Lessee ' s riparian upland easement that is more specifically described in Attachment B, which
shall run with the title to said easement, and shall be binding upon Lessee and Lessee ' s successors in interest.
18 . REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES : If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten ( 10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
8 or at such address on record as provided to the Lessor by the Lessee . However, such remedy shall be in addition to all
other
remedies available to the Lessor under applicable laws , rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines .
19 . REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY : Subject to the noticing provisions of
Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or
maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of
the Lessee ' s riparian upland easement that is more particularly described in Attachment B . This lien shall be in its uplands
enforceable in summary proceedings as provided by law .
20 . RECORDATION OF LEASE : The Lessee , at its own expense , shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen ( 14) days after receipt, and
shall provide to the Lessor within ten ( 10) days following the recordation a copy of the recorded lease in its entirety which
contains the O . R. Book and pages at which the lease is recorded .
Page 3 of 16 Pages
Sovereignty Submerged Lands Lease No . 310345813
12 . NUISANCES OR ILLEGAL OPERATIONS : 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 .
13 . MAINTENANCE OF FACILITY/RIGHT TO INSPECT : The Lessee shall maintain the leased premises in good
condition , keeping the structures and equipment located thereon in a good state of repair in the interests of public health , safety
and welfare . No dock or pier shall be constructed in any manner that would cause harm to wildlife . The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time .
14 . NON - DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual 's
race , color, religion , sex, national origin , age, handicap , or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term , the Lessee
shall
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee . It shall be the responsibility of the Lessee to post the placard in a manner which
will
provide protection from the elements, and , in the event that said placard becomes illegible at any time during the term of this
lease ( including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided .
15 . ENFORCEMENT OF PROVISIONS : No failure, or successive failures, on the part of the Lessor to enforce any
provision , nor any waiver or successive waivers on its part of any provision herein , shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches .
16 . PERMISSION GRANTED : Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate .
17 . RENEWAL PROVISIONS : Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of management standards and applicable laws , rules and regulations in effect at
that time . In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a
renewal . Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on
the last day of the previous lease term . If the Lessee fails to timely apply for a renewal , or in the event the Lessor does
not
grant a renewal , the 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 Lessee ' s riparian upland easement that is more specifically described in Attachment B, which
shall run with the title to said easement, and shall be binding upon Lessee and Lessee ' s successors in interest.
18 . REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES : If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten ( 10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
8 or at such address on record as provided to the Lessor by the Lessee . However, such remedy shall be in addition to all
other
remedies available to the Lessor under applicable laws , rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines .
19 . REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY : Subject to the noticing provisions of
Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or
maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of
the Lessee ' s riparian upland easement that is more particularly described in Attachment B . This lien shall be in its uplands
enforceable in summary proceedings as provided by law .
20 . RECORDATION OF LEASE : The Lessee , at its own expense , shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen ( 14) days after receipt, and
shall provide to the Lessor within ten ( 10) days following the recordation a copy of the recorded lease in its entirety which
contains the O . R. Book and pages at which the lease is recorded .
Page 3 of 16 Pages
Sovereignty Submerged Lands Lease No . 310345813
21 . RIPARIAN RIGHTS/FINAL ADJUDICATION : 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.
22 . AMENDMENTS/MODIFICATIONS : This lease is the entire and only agreement between the parties . Its
provisions are not severable . Any amendment or modification to this lease must be in writing, must be accepted ,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of
the execution of the modification or amendment. Notwithstanding the provisions of this paragraph , if mooring is authorized
by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory permit that may be required ; and (b) the location or size of the lift does
not
increase the mooring capacity of the facility .
23 . ADVERTISEMENT/SIGNS/NON- WATER DEPENDENT ACTIVITIES/ADDITIONAL
ACTIVITIES/MINOR STRUCTURAL REPAIRS : No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased premises . No restaurant or dining
activities are to occur within the leased premises . The Lessee shall ensure that no permanent, temporary or floating structures,
fences, docks , pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures , shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253 , Florida Statutes, and shall
subject the Lessee to administrative fines under Chapter 18- 14 , Florida Administrative Code . This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health ,
safety or welfare ; provided , however, that such activities shall not exceed the activities authorized by this agreement.
24 . ACOE AUTHORIZATION : Prior to commencement of construction and/or activities authorized herein , the
Lessee shall obtain the U . S . Army Corps of Engineers (ACOE) permit if it is required by the ACOE . Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign , submerged lands .
25 . COMPLIANCE WITH FLORIDA LAWS : On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
26 . LIVEABOARDS : The term " liveaboard " is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5 ) consecutive days or a total of ten ( 10) days within a thirty (30) day period . If liveaboards are
authorized by paragraph one ( 1 ) of this lease, in no event shall such " liveaboard " status exceed six (6 ) months within any
twelve ( 12) month period, nor shall any such vessel constitute a legal or primary residence .
27 . GAMBLING VESSELS : During the term of this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships , or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships .
28 . SPECIAL LEASE CONDITION FOR OTHER. FEE WAIVED LEASES THAT ARE REVENUE
GENERATING Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual
certified financial records of income and expenses to the State of Florida Department of Environmental Protection , Division of
State Lands, Bureau of Public Land Administration , 3900 Commonwealth Blvd , MS 130 , Tallahassee, FL 32399 . " Income"
is defined in subsection 18 -21 . 003 (31 ) , Florida Administrative Code . The submitted financial records shall be certified by a
certified public accountant.
Page 4 of 16 Pages
Sovereignty Submerged Lands Lease No . 310345813
21 . RIPARIAN RIGHTS/FINAL ADJUDICATION : 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.
22 . AMENDMENTS/MODIFICATIONS : This lease is the entire and only agreement between the parties . Its
provisions are not severable . Any amendment or modification to this lease must be in writing, must be accepted ,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of
the execution of the modification or amendment. Notwithstanding the provisions of this paragraph , if mooring is authorized
by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory permit that may be required ; and (b) the location or size of the lift does
not
increase the mooring capacity of the facility .
23 . ADVERTISEMENT/SIGNS/NON- WATER DEPENDENT ACTIVITIES/ADDITIONAL
ACTIVITIES/MINOR STRUCTURAL REPAIRS : No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased premises . No restaurant or dining
activities are to occur within the leased premises . The Lessee shall ensure that no permanent, temporary or floating structures,
fences, docks , pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures , shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253 , Florida Statutes, and shall
subject the Lessee to administrative fines under Chapter 18- 14 , Florida Administrative Code . This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health ,
safety or welfare ; provided , however, that such activities shall not exceed the activities authorized by this agreement.
24 . ACOE AUTHORIZATION : Prior to commencement of construction and/or activities authorized herein , the
Lessee shall obtain the U . S . Army Corps of Engineers (ACOE) permit if it is required by the ACOE . Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign , submerged lands .
25 . COMPLIANCE WITH FLORIDA LAWS : On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
26 . LIVEABOARDS : The term " liveaboard " is defined as a vessel docked at the facility and inhabited by a person or
persons for any five (5 ) consecutive days or a total of ten ( 10) days within a thirty (30) day period . If liveaboards are
authorized by paragraph one ( 1 ) of this lease, in no event shall such " liveaboard " status exceed six (6 ) months within any
twelve ( 12) month period, nor shall any such vessel constitute a legal or primary residence .
27 . GAMBLING VESSELS : During the term of this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships , or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships .
28 . SPECIAL LEASE CONDITION FOR OTHER. FEE WAIVED LEASES THAT ARE REVENUE
GENERATING Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual
certified financial records of income and expenses to the State of Florida Department of Environmental Protection , Division of
State Lands, Bureau of Public Land Administration , 3900 Commonwealth Blvd , MS 130 , Tallahassee, FL 32399 . " Income"
is defined in subsection 18 -21 . 003 (31 ) , Florida Administrative Code . The submitted financial records shall be certified by a
certified public accountant.
Page 4 of 16 Pages
Sovereignty Submerged Lands Lease No . 310345813
29 . SPECIAL LEASE CONDITIONS :
A . Mooring between the hours of midnight and 5 : 00 a. m . is prohibited . Mooring at this facility is temporary and
transient in nature . This facility shall be made available to the general public on a first come , first served basis each day
when
this facility opens .
B . Within 60 days after the Lessor' s execution of this lease, Lessee shall install and display permanent manatee
educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species
from boat operation . Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods and
shall be required to replace the signs in the event they become faded , damaged or outdated . Lessee shall ensure that the view
of the signs is not obstructed by vegetation or structures . The number, type, and procedure for installation, of these signs shall
be in accordance with the handout, " Permanent Manatee Signs ," which can be obtained from the Florida Fish and Wildlife
Conservation Commission , Imperiled Species Management Section , 620 S . Meridian Street — 6A , Tallahassee, Florida 32399 -
1600 ( Phone 850/922 -4330) .
Page 5 of 16 Pages
Sovereignty Submerged Lands Lease No . 310345813
29 . SPECIAL LEASE CONDITIONS :
A . Mooring between the hours of midnight and 5 : 00 a. m . is prohibited . Mooring at this facility is temporary and
transient in nature . This facility shall be made available to the general public on a first come , first served basis each day
when
this facility opens .
B . Within 60 days after the Lessor' s execution of this lease, Lessee shall install and display permanent manatee
educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species
from boat operation . Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods and
shall be required to replace the signs in the event they become faded , damaged or outdated . Lessee shall ensure that the view
of the signs is not obstructed by vegetation or structures . The number, type, and procedure for installation, of these signs shall
be in accordance with the handout, " Permanent Manatee Signs ," which can be obtained from the Florida Fish and Wildlife
Conservation Commission , Imperiled Species Management Section , 620 S . Meridian Street — 6A , Tallahassee, Florida 32399 -
1600 ( Phone 850/922 -4330) .
Page 5 of 16 Pages
Sovereignty Submerged Lands Lease No . 310345813
WITNESSES : BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
Cl OF FLORIDA
Ori final Signature (SEAL)
rtrtsk - � ► V � BY : r4, , 94A A— X: 7
Print/T e e of itness Jeffery en , Operations and Mana ment Consultant
Manager, Bureau of Public Land Administration ,
Division of State Lands, State of Florida Department of
Ori i a Signature Environmental Protection , as agent for and on behalf of the Board
of Trustees of the Internal improvement Trust Fund of the State
of Florida
Printl ype Nam of Witness
" LESSOR"
STATE OF FLORIDA
COUNTY OF LEON f, /�
The foregoing instrument was acknowledged before me this day of01.r(_.h` I 520 (V , by
Jeffery M Gentry Operations and Management Consultant Manager Bureau of Public Land Administration , Division of State
Lands State of Florida Department of Environmental Protection as agent for and on behalf of the Board of Trustees of the
Internal Imorovernient Trust Fund of the State of Florida. He is pe onall o .n tome
APPROVE A O F M AND EGALITY ;
Nota Public, Stat of Florida
DEP Atto (ey
Printed , Typed or tpdNan, , , , �
IoW P% Notary Pi blic State of Florida
My Commissio Kathy C Griffin
My Commission 0D727692
oFe Expires 10/ani,^01 Y
rp
Commission/Serial No .
. '
WITNESSES : Indian River County, Florida " � (,SEAL)
By ' oard of County "CoGp lissionef s•'
�� .. ) .a •J •. p 4 ...
Original Signature Original Signature of Execli g Alith re
Peter D . O ' Bryan �f •'
Typed/Printed Name of Wi ess Typed/Printed Name of ExecutipAuth'oJ'tty ;o s itis
Chairman
Original Sign ure Title of Executing Authority
DApkvcy R • )IA ;5I L >AS
Typed/Printed Name of Witness APPROVED AS TO FORM " LESSEE"
AND LEGAL SUFFOCIEN Y
STATE OF Florida
COUNTY OF Indian River County BY GEORGE A. GLENN
ASSISTANT COUNTY ATTORNEY
The foregoing instrument was acknowledged before me this 9th day of March , 2010 , by
Peter D . O ' Bryan as Chairman , for and on behalf of the Board of Coun!y Commissioners of Indian River County, Florida. He is
personally known to me or who has produced N / A as identification .
My
My Commission Expires : October 30 , 2010 aAAk
Notary Signature
Notary Public, State of Florida
Terri Collins - Lister
Commission/Serial No . DD 609787 Printed , Typed or Stamped Name
Page 6 of 16 Pages i. * I TERRI COLLINS-LISTER
Sovereignty Submerged Land Lease No. 310345813 a� MY COMMISSION # DO 609787
* * EXPIRES: October 30, 2010
Bonded Thru Budget Notary Set""$
WITNESSES : BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
Cl OF FLORIDA
Ori final Signature (SEAL)
rtrtsk - � ► V � BY : r4, , 94A A— X: 7
Print/T e e of itness Jeffery en , Operations and Mana ment Consultant
Manager, Bureau of Public Land Administration ,
Division of State Lands, State of Florida Department of
Ori i a Signature Environmental Protection , as agent for and on behalf of the Board
of Trustees of the Internal improvement Trust Fund of the State
of Florida
Printl ype Nam of Witness
" LESSOR"
STATE OF FLORIDA
COUNTY OF LEON f, /�
The foregoing instrument was acknowledged before me this day of01.r(_.h` I 520 (V , by
Jeffery M Gentry Operations and Management Consultant Manager Bureau of Public Land Administration , Division of State
Lands State of Florida Department of Environmental Protection as agent for and on behalf of the Board of Trustees of the
Internal Imorovernient Trust Fund of the State of Florida. He is pe onall o .n tome
APPROVE A O F M AND EGALITY ;
Nota Public, Stat of Florida
DEP Atto (ey
Printed , Typed or tpdNan, , , , �
IoW P% Notary Pi blic State of Florida
My Commissio Kathy C Griffin
My Commission 0D727692
oFe Expires 10/ani,^01 Y
rp
Commission/Serial No .
. '
WITNESSES : Indian River County, Florida " � (,SEAL)
By ' oard of County "CoGp lissionef s•'
�� .. ) .a •J •. p 4 ...
Original Signature Original Signature of Execli g Alith re
Peter D . O ' Bryan �f •'
Typed/Printed Name of Wi ess Typed/Printed Name of ExecutipAuth'oJ'tty ;o s itis
Chairman
Original Sign ure Title of Executing Authority
DApkvcy R • )IA ;5I L >AS
Typed/Printed Name of Witness APPROVED AS TO FORM " LESSEE"
AND LEGAL SUFFOCIEN Y
STATE OF Florida
COUNTY OF Indian River County BY GEORGE A. GLENN
ASSISTANT COUNTY ATTORNEY
The foregoing instrument was acknowledged before me this 9th day of March , 2010 , by
Peter D . O ' Bryan as Chairman , for and on behalf of the Board of Coun!y Commissioners of Indian River County, Florida. He is
personally known to me or who has produced N / A as identification .
My
My Commission Expires : October 30 , 2010 aAAk
Notary Signature
Notary Public, State of Florida
Terri Collins - Lister
Commission/Serial No . DD 609787 Printed , Typed or Stamped Name
Page 6 of 16 Pages i. * I TERRI COLLINS-LISTER
Sovereignty Submerged Land Lease No. 310345813 a� MY COMMISSION # DO 609787
* * EXPIRES: October 30, 2010
Bonded Thru Budget Notary Set""$
SITE LOCATION SOVEREIGNTY LAND LEASE AREA
LATITUDE 2742'07.83" LEGAL DESCRIPTION (PER SURVEY)
LONGITUDE 80'23036.29 '
y, - • COMMENCE AT A 4 "x4 " CONCRETE MONUMENT WITH IRON PIPE MARKING
THE SOUTHEAST CORNER OF SECTION 13 , TOWNSHIP 32 SOUTH , RANGE 39
EAST , SAID POINT LYING ON A PARCEL OF LAND CLOSE TO THE EASTERN
�- ""� "• ', SHORE OF THE INDIAN RIVER WITHIN THE CITY LIMITS OF INDIAN
RIVER
� � 4 � , SHORES , FLORIDA , AND RUN N43' 23 ' 15 "W , ACROSS THE INDIAN RIVER
, A
' DISTANCE OF 5 , 673 . 61 FEET , MORE OR LESS , TO A POINT ON THE
APPROXIMATE MEAN HIGH WATER LINE OF THE SOUTHERLY LIMITS OF SPOIL
ISLAND " " , OF
IR25 , fps OLLOWING2ALONGID H OINT SAIDBNG AIPPROX MA TEETHEI MEAN NT B GHNE;WA R LINEN OF SAID �
" " ALONG THE SAID APPROXIMATE MEAN
BOAT CLUB ISLAND ,� � ' � ,, II � SPOIL ISLAND IR25 , RUN S72' 30 38 V� , �
HIGH WATER LINE , A DISTANCE OF 30 . 28 FEET , MORE OR LESS , TO
A POINT ;
THENCE CONTINUING ALONG SAID APPROXIMATE MEAN HIGH WATER LINE , RUN
� 2 � a65Ct S87446 ' 00 "W A DISTANCE OF 23 . 44 FEET , MORE OR LESS TO A
POINT;
THENCE , LEAVING SAID APPROXIMATE MEAN HIGH WATER LINE , RUN
' A\ 1�� ' � . S59' 16 ' 02 "W A DISTANCE OF 188 . 72 FEET TO A POINT ; THENCE
RUN
` rZ N30' 43 ' 58 "W A DISTANCE OF 118 . 99 FEET TO A POINT ; THENCE RUN
— A N59 ' 16 ' 02 " E A DISTANCE OF 110 . 51 FEET, MORE OR LESS , TO A POINT
ON
N n THE APPROXIMATE MEAN HIGH WATER LINE OF SPOIL ISLAND 11IR25 '; THENCE
9
RUN N59. 38 ' 03 " E , ACROSS SPOIL ISLAND "IR25 " , A DISTANCE OF 242 . 13
Z FEET , MORE OR LESS , TO A POINT ON THE APPROXIMATE MEAN HIGH
WATER
0 ' LINE OF SAID SPOIL ISLAND 'IR25 " ; THENCE RUN ALONG THE SAID
I IN1, jp SUED N APPROXIMATE MEAN HIGH WATER LINE OF SPOIL ISLAND IR25 THE
•; . LA.N Vt . FOLLOWING 4 ( FOUR ) BEARINGS AND DISTANCES : RUN S10' 45 ' 15 " E A
� ' � .,- DISTANCE OF 98 . 45 FEET , MORE OR LESS , TO A POINT ; THENCE
RUN
' S05142 ' 1 3 E A DISTANCE OF 40 . 95 FEET , MORE OR LESS , TO A
POINT;
LOCATION MAP c� THENCE RUN 546' 34Ljj ' 02 "W A DISTANCE OF 19 . 39 FEET ,
MORE OR LESS , TO
RIOMAR QUADRANGLE 1992 > �- to POINT ; THENCE RUN S57' 05150 "W A DISTANCE OF 44 . 00
FEET , MORE OR
'•8mm momm (jos nummm=& Pmrom ams) LLI c c LESS , TO THE POINT OF BEGINNING .
CONTAINING 40 , 845 . 95 SQUARE FEET, MORE OR LESS , OR 0 . 94 ACRES .
I0 Lu NOW LYING IN INDIAN RIVER COUNTY .
CERTIFIED TO . a
1 . BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA SEE SOVEREIGNTY LAND LEASE AREA SKETCH - SHEET
2 OF 4
2 . INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SEE TABULATIONS - SHEET 3 OF 4
r SEE DOCK DETAILS - SHEET 4 OF 4
00
CERTIFICATION %y{
SURVEYOR AND MAPPER IN RESPONSIE-- .E
=.NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 4 AS CREATED o
THIS IS NOT A BOUNDARY SURVEY < �
MICHAEL O ' BRIEN P . S . M . , C . F . M rr } CI�TEF ? ' '� �° SKETCH TO ACCOMPANY LEGAL DESCRIPTION
a� 0 0
FLORIDA REGISTRATION N0 . 61 18 , `:'
INDIAN RIVER COUNTY SURVEYOR -• r_ .: i .��' ' ' '` PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION - SURVEY SECTION
r` z
NDIAN RIVER COUNTY ADMINISTRATION BUILDIN INDLANRIWERCOUNTY DRAWN BY: SECTION 13 SKETCH AND DESCRIPTION OF SHEET
-J
1801 27TH STREET DEPARTMENT OFPUBLIC WORKS B. ROACH TOWNSHIP 325 SO f EREIGN7Y LAND LEASE !0000< Q
d U
VERO BEACH , FL 32960 ` "�• ENGINEERlNGDIWSION APPROVED OBRIEN RANGE 39E BOATCLUBHLAND (SPOIL ISLAND "IRIS)
(772) 567- 8000 �
SITE LOCATION SOVEREIGNTY LAND LEASE AREA
LATITUDE 2742'07.83" LEGAL DESCRIPTION (PER SURVEY)
LONGITUDE 80'23036.29 '
y, - • COMMENCE AT A 4 "x4 " CONCRETE MONUMENT WITH IRON PIPE MARKING
THE SOUTHEAST CORNER OF SECTION 13 , TOWNSHIP 32 SOUTH , RANGE 39
EAST , SAID POINT LYING ON A PARCEL OF LAND CLOSE TO THE EASTERN
�- ""� "• ', SHORE OF THE INDIAN RIVER WITHIN THE CITY LIMITS OF INDIAN
RIVER
� � 4 � , SHORES , FLORIDA , AND RUN N43' 23 ' 15 "W , ACROSS THE INDIAN RIVER
, A
' DISTANCE OF 5 , 673 . 61 FEET , MORE OR LESS , TO A POINT ON THE
APPROXIMATE MEAN HIGH WATER LINE OF THE SOUTHERLY LIMITS OF SPOIL
ISLAND " " , OF
IR25 , fps OLLOWING2ALONGID H OINT SAIDBNG AIPPROX MA TEETHEI MEAN NT B GHNE;WA R LINEN OF SAID �
" " ALONG THE SAID APPROXIMATE MEAN
BOAT CLUB ISLAND ,� � ' � ,, II � SPOIL ISLAND IR25 , RUN S72' 30 38 V� , �
HIGH WATER LINE , A DISTANCE OF 30 . 28 FEET , MORE OR LESS , TO
A POINT ;
THENCE CONTINUING ALONG SAID APPROXIMATE MEAN HIGH WATER LINE , RUN
� 2 � a65Ct S87446 ' 00 "W A DISTANCE OF 23 . 44 FEET , MORE OR LESS TO A
POINT;
THENCE , LEAVING SAID APPROXIMATE MEAN HIGH WATER LINE , RUN
' A\ 1�� ' � . S59' 16 ' 02 "W A DISTANCE OF 188 . 72 FEET TO A POINT ; THENCE
RUN
` rZ N30' 43 ' 58 "W A DISTANCE OF 118 . 99 FEET TO A POINT ; THENCE RUN
— A N59 ' 16 ' 02 " E A DISTANCE OF 110 . 51 FEET, MORE OR LESS , TO A POINT
ON
N n THE APPROXIMATE MEAN HIGH WATER LINE OF SPOIL ISLAND 11IR25 '; THENCE
9
RUN N59. 38 ' 03 " E , ACROSS SPOIL ISLAND "IR25 " , A DISTANCE OF 242 . 13
Z FEET , MORE OR LESS , TO A POINT ON THE APPROXIMATE MEAN HIGH
WATER
0 ' LINE OF SAID SPOIL ISLAND 'IR25 " ; THENCE RUN ALONG THE SAID
I IN1, jp SUED N APPROXIMATE MEAN HIGH WATER LINE OF SPOIL ISLAND IR25 THE
•; . LA.N Vt . FOLLOWING 4 ( FOUR ) BEARINGS AND DISTANCES : RUN S10' 45 ' 15 " E A
� ' � .,- DISTANCE OF 98 . 45 FEET , MORE OR LESS , TO A POINT ; THENCE
RUN
' S05142 ' 1 3 E A DISTANCE OF 40 . 95 FEET , MORE OR LESS , TO A
POINT;
LOCATION MAP c� THENCE RUN 546' 34Ljj ' 02 "W A DISTANCE OF 19 . 39 FEET ,
MORE OR LESS , TO
RIOMAR QUADRANGLE 1992 > �- to POINT ; THENCE RUN S57' 05150 "W A DISTANCE OF 44 . 00
FEET , MORE OR
'•8mm momm (jos nummm=& Pmrom ams) LLI c c LESS , TO THE POINT OF BEGINNING .
CONTAINING 40 , 845 . 95 SQUARE FEET, MORE OR LESS , OR 0 . 94 ACRES .
I0 Lu NOW LYING IN INDIAN RIVER COUNTY .
CERTIFIED TO . a
1 . BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA SEE SOVEREIGNTY LAND LEASE AREA SKETCH - SHEET
2 OF 4
2 . INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SEE TABULATIONS - SHEET 3 OF 4
r SEE DOCK DETAILS - SHEET 4 OF 4
00
CERTIFICATION %y{
SURVEYOR AND MAPPER IN RESPONSIE-- .E
=.NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 4 AS CREATED o
THIS IS NOT A BOUNDARY SURVEY < �
MICHAEL O ' BRIEN P . S . M . , C . F . M rr } CI�TEF ? ' '� �° SKETCH TO ACCOMPANY LEGAL DESCRIPTION
a� 0 0
FLORIDA REGISTRATION N0 . 61 18 , `:'
INDIAN RIVER COUNTY SURVEYOR -• r_ .: i .��' ' ' '` PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION - SURVEY SECTION
r` z
NDIAN RIVER COUNTY ADMINISTRATION BUILDIN INDLANRIWERCOUNTY DRAWN BY: SECTION 13 SKETCH AND DESCRIPTION OF SHEET
-J
1801 27TH STREET DEPARTMENT OFPUBLIC WORKS B. ROACH TOWNSHIP 325 SO f EREIGN7Y LAND LEASE !0000< Q
d U
VERO BEACH , FL 32960 ` "�• ENGINEERlNGDIWSION APPROVED OBRIEN RANGE 39E BOATCLUBHLAND (SPOIL ISLAND "IRIS)
(772) 567- 8000 �
150 0 75 150 300
ppRoxiu4TEN0RTH
GRAPHIC SCALE ( IN FEET)
SEE LEGAL DESCRIPTION - SHEET 1 OF 4
SEE TABULATION - SHEET 3 OF 4
APPROXIMATE SEE DOCK DETAILS - SHEET 4 OF 4
SOVEREIGNTY LAND LEASE AREA MEAN HIGH WATER LINE
SHORELINE CONDITION: A
1 . NATURAL. TIDALLY AFFECTED SAND SHORELINE. SPOIL ISLAND IR25 2
INCLUDES NATIVE AND NON-NATIVE VEGETATION.
2. NO MANMADE SHORELINE CONTROL FEATURES (A. K .A. BOAT CLUB ISLAND) ;
OBSERVED ON ENTIRE ISLAND. TIITF SOVEREIGNTY LANDS
3. UPLAND SHORELINE=421 .6* LINEAR FEET. I . R . C . TAX I . D . PARCEL
32 - 39 - 13 - 00000 - 3000 - 00001 . 0
SOVEREIGNTY LAND --\
LEASE AREA ���
0 . 94 ± ACRES �s
REMAINDER OF ISLAND NORTH OF THE
INDIAN RIVER COUNTY LEASE AREA TO
REMAIN UNDER STATE MANAGEMENT
N
APPROXIMATE p 1 2p PNNE� a
MEAN HIGH WATER LINE
C
1 Z � CN
CO ( ( UBE WPY
N �N R
N R\`ISR ppSjP� wcCPj\ONl
P.O.S. SOVEREIGN LAND LEASE Nj�RL \ 0�2 CO
1224519 . 0400 N y9 cv_ \N 5 l pR
652693.7400 E
z 6 9 O / LEGEND & ABBREVIATIONS
79 � 18 � P.0"CONCRETE MONUMENT I . D . = IDENTIFICATION 9
NOTES S. E. CORNER SECTION 13
TOWNSHIP R32 SOUTH, RANGE 39 EAST I . R . C . - INDIAN RIVER COUNTY
1 . THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED L50 =
LINE TABLE IDENTIFICATION NUMBER
SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON . 9
2 . THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM P . O
. B . = POINT OF BEGINNING
TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 61G17 - 6 , FLORIDA ADMINISTRATIVE CODE . P . O . C . = POINT OF
COMMENCEMENT
3 . THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS , RESTRICTIONS , TIITF
= TRUSTEES OF THE INTERNAL
RESERVATIONS , OR RIGHT - OF - WAYS NOT SHOWN AND MAY BE FOUND IN THE PUBLIC RECORDS . IMPROVEMENT
TRUST FUND
THE PUBLIC RECORDS . Q = VERTEX
4 . THIS IS NOT A BOUNDARY SURVEY . THE SPECIFIC PURPOSE OF THIS SKETCH WAS TO DELINEATE THE AREA
N OC)
OF SPOIL ISLAND IR25 AND LEASE AREAS TO INDIAN RIVER COUNTY. NOT COMPLETE WITHOUT
ALL N Lo
5 . GRID COORDINATES AND BEARINGS SHOWN HEREON ARE IN FEET , AND ARE BASED ON THE FLORIDA STATE SHEETS
1 THROUGH 4 AS CREATED Y In �
PLANE COORDINATE SYSTEM , EAST ZONE , 1983 NORTH AMERICAN DATUM , 1990 ADJUSTMENT . BEARINGS ARE
r)
BASED ON A LINE BETWEEN THE S . E. CORNER OF SECTION 13 , TOWNSHIP 32 SOUTH , RANGE 39 EAST
AND THIS IS NOT A BOUNDARY SURVEY � Q
IRC # 1 (A 30 " LONG # 5 IRON ROD & CAP , " IRC REF PNT ", SET ON SPOIL ISLAND IR25 ) .
SAID LINE SKETCH TO ACCOMPANY LEGAL DESCRIPTION W Co
BEARING N43' 17 ' 56 ' W A DISTANCE OF 5689 . 59 ' . PREPARED BY INDIAN RIVER COUNTY
1 G z
6. THIS SKETCH AND DESCRIPTION IS BASED ON THE SURVEY OF SPOIL ISLAND IR25 BY INDIAN RIVER COUNTY,
00
PROJECT #0905, DATED OCTOBER 29 , 2009 , AND REVISED ON NOVEMBER 241 2009 ,
ENGINEERING DIVISION - SURVEY SECTION
BY: SECTION l3 SHEET
NDIAN RIVER COUNTY ADMINISTRATION BUILDING µ1v I, IDIANRIVER COUNTY DRAW B. ROACH SkETCH AND DESCRIPTION
OF Q a
1801 27TH STREET 9 � DEPARTMENT OFPUBLICWORKS TOWNSHIP 325 SOI/ERE/GNLftNDLFISE
VERO BEACH , FL 32960 Y APPROVED BY: BOAT LL UB I5L4ND SPO/L /SL�ND '7R2J� 4
(772 ) 567 - 8000 40Rl EiVGINEER/NGDIVISVON M. OBRIEN RANGE .39E
150 0 75 150 300
ppRoxiu4TEN0RTH
GRAPHIC SCALE ( IN FEET)
SEE LEGAL DESCRIPTION - SHEET 1 OF 4
SEE TABULATION - SHEET 3 OF 4
APPROXIMATE SEE DOCK DETAILS - SHEET 4 OF 4
SOVEREIGNTY LAND LEASE AREA MEAN HIGH WATER LINE
SHORELINE CONDITION: A
1 . NATURAL. TIDALLY AFFECTED SAND SHORELINE. SPOIL ISLAND IR25 2
INCLUDES NATIVE AND NON-NATIVE VEGETATION.
2. NO MANMADE SHORELINE CONTROL FEATURES (A. K .A. BOAT CLUB ISLAND) ;
OBSERVED ON ENTIRE ISLAND. TIITF SOVEREIGNTY LANDS
3. UPLAND SHORELINE=421 .6* LINEAR FEET. I . R . C . TAX I . D . PARCEL
32 - 39 - 13 - 00000 - 3000 - 00001 . 0
SOVEREIGNTY LAND --\
LEASE AREA ���
0 . 94 ± ACRES �s
REMAINDER OF ISLAND NORTH OF THE
INDIAN RIVER COUNTY LEASE AREA TO
REMAIN UNDER STATE MANAGEMENT
N
APPROXIMATE p 1 2p PNNE� a
MEAN HIGH WATER LINE
C
1 Z � CN
CO ( ( UBE WPY
N �N R
N R\`ISR ppSjP� wcCPj\ONl
P.O.S. SOVEREIGN LAND LEASE Nj�RL \ 0�2 CO
1224519 . 0400 N y9 cv_ \N 5 l pR
652693.7400 E
z 6 9 O / LEGEND & ABBREVIATIONS
79 � 18 � P.0"CONCRETE MONUMENT I . D . = IDENTIFICATION 9
NOTES S. E. CORNER SECTION 13
TOWNSHIP R32 SOUTH, RANGE 39 EAST I . R . C . - INDIAN RIVER COUNTY
1 . THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED L50 =
LINE TABLE IDENTIFICATION NUMBER
SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON . 9
2 . THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE MINIMUM P . O
. B . = POINT OF BEGINNING
TECHNICAL STANDARDS AS ESTABLISHED IN CHAPTER 61G17 - 6 , FLORIDA ADMINISTRATIVE CODE . P . O . C . = POINT OF
COMMENCEMENT
3 . THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS , RESTRICTIONS , TIITF
= TRUSTEES OF THE INTERNAL
RESERVATIONS , OR RIGHT - OF - WAYS NOT SHOWN AND MAY BE FOUND IN THE PUBLIC RECORDS . IMPROVEMENT
TRUST FUND
THE PUBLIC RECORDS . Q = VERTEX
4 . THIS IS NOT A BOUNDARY SURVEY . THE SPECIFIC PURPOSE OF THIS SKETCH WAS TO DELINEATE THE AREA
N OC)
OF SPOIL ISLAND IR25 AND LEASE AREAS TO INDIAN RIVER COUNTY. NOT COMPLETE WITHOUT
ALL N Lo
5 . GRID COORDINATES AND BEARINGS SHOWN HEREON ARE IN FEET , AND ARE BASED ON THE FLORIDA STATE SHEETS
1 THROUGH 4 AS CREATED Y In �
PLANE COORDINATE SYSTEM , EAST ZONE , 1983 NORTH AMERICAN DATUM , 1990 ADJUSTMENT . BEARINGS ARE
r)
BASED ON A LINE BETWEEN THE S . E. CORNER OF SECTION 13 , TOWNSHIP 32 SOUTH , RANGE 39 EAST
AND THIS IS NOT A BOUNDARY SURVEY � Q
IRC # 1 (A 30 " LONG # 5 IRON ROD & CAP , " IRC REF PNT ", SET ON SPOIL ISLAND IR25 ) .
SAID LINE SKETCH TO ACCOMPANY LEGAL DESCRIPTION W Co
BEARING N43' 17 ' 56 ' W A DISTANCE OF 5689 . 59 ' . PREPARED BY INDIAN RIVER COUNTY
1 G z
6. THIS SKETCH AND DESCRIPTION IS BASED ON THE SURVEY OF SPOIL ISLAND IR25 BY INDIAN RIVER COUNTY,
00
PROJECT #0905, DATED OCTOBER 29 , 2009 , AND REVISED ON NOVEMBER 241 2009 ,
ENGINEERING DIVISION - SURVEY SECTION
BY: SECTION l3 SHEET
NDIAN RIVER COUNTY ADMINISTRATION BUILDING µ1v I, IDIANRIVER COUNTY DRAW B. ROACH SkETCH AND DESCRIPTION
OF Q a
1801 27TH STREET 9 � DEPARTMENT OFPUBLICWORKS TOWNSHIP 325 SOI/ERE/GNLftNDLFISE
VERO BEACH , FL 32960 Y APPROVED BY: BOAT LL UB I5L4ND SPO/L /SL�ND '7R2J� 4
(772 ) 567 - 8000 40Rl EiVGINEER/NGDIVISVON M. OBRIEN RANGE .39E
S
SOVEREIGNTY LAND SOVEREIGNTY LAND
LEASE AREA COORDINATE TABLE LEASE AREA LINE TABLE
Vertex Northing Eosting
LINE # BEARING DISTANCE
2
1 1224519 . 04 852693 . 74 L1 S72' 30 ' 38 ' W 30 . 28 '
2 1224509 . 94 852664 . 86 L2 S87' 46 ' 00 "W 23 . 44 '
3 1224509 . 03 852641 . 44 L3 S59 ' 1 6702 "W 188 . 72 '
4 1224412 . 58 852479 . 23 L4 N30' 43 ' 58 "W 118 . 99 '
5 1224514 . 86 852418 . 42 L5 N5901 6 ' 020 "-- 110 . 51 '
6 1224571 . 34 852513 . 41
7 1224693 . 74 852722 . 32 L6 N59 ' 38 ' 03 "_ 242 . 13 ' s
L7 S10' 45 ' 15 ' E
8 1224597 . 02 852740 . 69 98 . 45 '
9 1 1224556 . 27 852744 . 76 L8 S05' 42 ' 1 34L 40 . 95 '
10 1 1224542 . 94 852730 . 68 L9 S46' 34 02 W 1 9 . 39
L1O S57' 05 ' 501N 44 . 00 '
3
a
CONTROL TABLE
MONUMENT NORTHING EASTING
GPS 163 - RIOMAR ( 1992 ) 10219 , 829 . 050 860 , 249 . 380
C . M . S . E . CORNER SECTION 13 1 , 220 , 395 . 900 856 , 591 . 1 14 $
I . R . C . # 1 ( # 5 IRON ROD/ CAP ) 1 , 224 , 539 . 710 852 , 689 . 180
SEE LEGAL DESCRIPTION - SHEET 1 OF 4
SEE SOVEREIGNTY LAND LEASE AREA SKETCH - SHEET 2 OF 4
SEE DOCK DETAILS - SHEET 4 OF 4
CERTIFICATION
SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE N
c�
00
NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 4 AS CREATED LO
m
MICHAEL O ' BRIEN P . S . M . , C . F . M . DATE THIS IS NOT A BOUNDARY SURVEY a.
o
FLORIDA REGISTRATION NO . 6118 SKETCH TO ACCOMPANY LEGAL DESCRIPTION z
INDIAN RIVER COUNTY SURVEYOR PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION - SURVEY SECTION E o
z
NDIAN RIVER COUNTY ADMINISTRATION BUILDING DRAWN BY: '
R INDL4NRtl/ERCDUNTY SECTION I� sHEEr
ERO ACTH sTREET B. ROACH SkETCHAND DESCRIPTION OF 0 (D —� E
VERO BEACH , FL 32960 � � D£P, 1RTM£iVTOFPUBLIC WORKS APPROVED BY: TOWNSHIP 315 SOVEREIGNTY LAND LEA 5E m
-j I
( 772 ) 567 - 8000 ,oP £NG/N££RINODfV15,rON Alf. OBRI£N RANGE 39£ BO4TCLUBISLAND (SPO/L ISLAND '7R2S") F �
Q m 0 s
7
R
S
SOVEREIGNTY LAND SOVEREIGNTY LAND
LEASE AREA COORDINATE TABLE LEASE AREA LINE TABLE
Vertex Northing Eosting
LINE # BEARING DISTANCE
2
1 1224519 . 04 852693 . 74 L1 S72' 30 ' 38 ' W 30 . 28 '
2 1224509 . 94 852664 . 86 L2 S87' 46 ' 00 "W 23 . 44 '
3 1224509 . 03 852641 . 44 L3 S59 ' 1 6702 "W 188 . 72 '
4 1224412 . 58 852479 . 23 L4 N30' 43 ' 58 "W 118 . 99 '
5 1224514 . 86 852418 . 42 L5 N5901 6 ' 020 "-- 110 . 51 '
6 1224571 . 34 852513 . 41
7 1224693 . 74 852722 . 32 L6 N59 ' 38 ' 03 "_ 242 . 13 ' s
L7 S10' 45 ' 15 ' E
8 1224597 . 02 852740 . 69 98 . 45 '
9 1 1224556 . 27 852744 . 76 L8 S05' 42 ' 1 34L 40 . 95 '
10 1 1224542 . 94 852730 . 68 L9 S46' 34 02 W 1 9 . 39
L1O S57' 05 ' 501N 44 . 00 '
3
a
CONTROL TABLE
MONUMENT NORTHING EASTING
GPS 163 - RIOMAR ( 1992 ) 10219 , 829 . 050 860 , 249 . 380
C . M . S . E . CORNER SECTION 13 1 , 220 , 395 . 900 856 , 591 . 1 14 $
I . R . C . # 1 ( # 5 IRON ROD/ CAP ) 1 , 224 , 539 . 710 852 , 689 . 180
SEE LEGAL DESCRIPTION - SHEET 1 OF 4
SEE SOVEREIGNTY LAND LEASE AREA SKETCH - SHEET 2 OF 4
SEE DOCK DETAILS - SHEET 4 OF 4
CERTIFICATION
SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE N
c�
00
NOT COMPLETE WITHOUT ALL SHEETS 1 THROUGH 4 AS CREATED LO
m
MICHAEL O ' BRIEN P . S . M . , C . F . M . DATE THIS IS NOT A BOUNDARY SURVEY a.
o
FLORIDA REGISTRATION NO . 6118 SKETCH TO ACCOMPANY LEGAL DESCRIPTION z
INDIAN RIVER COUNTY SURVEYOR PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION - SURVEY SECTION E o
z
NDIAN RIVER COUNTY ADMINISTRATION BUILDING DRAWN BY: '
R INDL4NRtl/ERCDUNTY SECTION I� sHEEr
ERO ACTH sTREET B. ROACH SkETCHAND DESCRIPTION OF 0 (D —� E
VERO BEACH , FL 32960 � � D£P, 1RTM£iVTOFPUBLIC WORKS APPROVED BY: TOWNSHIP 315 SOVEREIGNTY LAND LEA 5E m
-j I
( 772 ) 567 - 8000 ,oP £NG/N££RINODfV15,rON Alf. OBRI£N RANGE 39£ BO4TCLUBISLAND (SPO/L ISLAND '7R2S") F �
Q m 0 s
7
R
40 0 20 40 80
tk GRAPHIC SCALE ( IN FEET) a
IR1
I
1� Q APPROX/.iWTfAORT//
3
eQ� SPOIL ISLAND IR25
(A. K .A. BOAT CLUB ISLAND) s
D VACANT (UNOCCUPIED - PUBLIC RECREATIONAL USE)
SPOIL ISLAND- HEAVY VEGETATION (MIXED-AUSTRAILIAN
WOOD DOCK # ) PINE, MANGROVE, BRAZILIAN PEPPER, AND OTHER SPECIES)
POOR CONDITION
WOOD DOCK # 3
FAIR CONDITION
SOVEREIGN LAND LEASE AREA SHORELINE CONDITION :
1 . NATURAL„ TIDALLY AFFFECTED SAND SHORELINE,
SOVEREIGNTY LAND INCLUDED NATIVE AND NON — NATIVE VEGETATION ,
LEASE AREA 2 , NO MANMADE SHORELINE CONTROL FEATURES
OBSERVED ON ENTIRE ISLAND ,
3 . UPLAND SHOREUNE= 421 . 6 ± LINEAR FEET.
0
A
NOT COMPLETE WITHOUT ALL
SHEETS 1 THROUGH 4 AS CREATED I
DOCK DETAILS 3co
SEE LEGAL DESCRIPTION — SHEET 1 OF 4 l m
SEE SOVEREIGN LAND LEASE AREA SKETCH — SHEET 2 OF 4 THIS IS NOT A BOUNDARY SURVEY
SEE TABULATIONS — SHEET 3 OF 4 SKETCH TO ACCOMPANY LEGAL DESCRIPTION c
c: 4-- 0
I E 0 Z
PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION — SURVEY SECTION J
1
NDIAN RIVER COUNTY ADMINISTRATION BUILDING / / DRAWN BY:
aoi 27TH STREET IADL9/l RIVER COMITY B. ROACH SECTION 13 S�'cTCH AND DESCR/PTION OF SHEET J
tD
VERO BEACH , FL 32960 7 DEP,9RTLfENTOFPUBLIC WORKSAPPROVED BY: TOWNSHIP 315 E,9
50VEREIGNTYL9NDLSE Q 0_ w I
(772 ) 567 - 8000 i �
6 uGl)VEERLVG DIVISIONN/ 06RIEN RANGE 39E B0A T Cl, UB ISLAND (SPOIL ISLAND '%RZS) F 4 I
40 0 20 40 80
tk GRAPHIC SCALE ( IN FEET) a
IR1
I
1� Q APPROX/.iWTfAORT//
3
eQ� SPOIL ISLAND IR25
(A. K .A. BOAT CLUB ISLAND) s
D VACANT (UNOCCUPIED - PUBLIC RECREATIONAL USE)
SPOIL ISLAND- HEAVY VEGETATION (MIXED-AUSTRAILIAN
WOOD DOCK # ) PINE, MANGROVE, BRAZILIAN PEPPER, AND OTHER SPECIES)
POOR CONDITION
WOOD DOCK # 3
FAIR CONDITION
SOVEREIGN LAND LEASE AREA SHORELINE CONDITION :
1 . NATURAL„ TIDALLY AFFFECTED SAND SHORELINE,
SOVEREIGNTY LAND INCLUDED NATIVE AND NON — NATIVE VEGETATION ,
LEASE AREA 2 , NO MANMADE SHORELINE CONTROL FEATURES
OBSERVED ON ENTIRE ISLAND ,
3 . UPLAND SHOREUNE= 421 . 6 ± LINEAR FEET.
0
A
NOT COMPLETE WITHOUT ALL
SHEETS 1 THROUGH 4 AS CREATED I
DOCK DETAILS 3co
SEE LEGAL DESCRIPTION — SHEET 1 OF 4 l m
SEE SOVEREIGN LAND LEASE AREA SKETCH — SHEET 2 OF 4 THIS IS NOT A BOUNDARY SURVEY
SEE TABULATIONS — SHEET 3 OF 4 SKETCH TO ACCOMPANY LEGAL DESCRIPTION c
c: 4-- 0
I E 0 Z
PREPARED BY INDIAN RIVER COUNTY ENGINEERING DIVISION — SURVEY SECTION J
1
NDIAN RIVER COUNTY ADMINISTRATION BUILDING / / DRAWN BY:
aoi 27TH STREET IADL9/l RIVER COMITY B. ROACH SECTION 13 S�'cTCH AND DESCR/PTION OF SHEET J
tD
VERO BEACH , FL 32960 7 DEP,9RTLfENTOFPUBLIC WORKSAPPROVED BY: TOWNSHIP 315 E,9
50VEREIGNTYL9NDLSE Q 0_ w I
(772 ) 567 - 8000 i �
6 uGl)VEERLVG DIVISIONN/ 06RIEN RANGE 39E B0A T Cl, UB ISLAND (SPOIL ISLAND '%RZS) F 4 I
IN T14E
COR
EFFREYEK. BART' M
CLERK CIRCUIT COURT
DEPARTMENT OF THE ARMY INDIAN RIVER CO . , FLA.
CONSENT TO EASEMENT
STATE OF FLORIDA TO USE CORPS OF ENGINEERS RIGHT - OF - WAY
INDIAN RIVER COUNTY
FI; IS ! S TO CERTIFY THAT THIS IS CD
a ? RU'e AND CORRECT COPY OF Consent No , DACW17 - 9 - 96 - 0 02 8 � O
rHF: ORIGINAL ON FILE IN THIS N
ProjectIntracoastal W
XF) CE. : aterway ,
Jacksonville to Miami , Indian Z-
JEFFREY IC "; TONE CLERK River County , Florida fV
) ATE - _ Ci
D C Tract No . 398
THIS CONSENT TO EASEMENT AGREEMENT , made by and between the
UNITED STATES OF AMERICA , DEPARTMENT OF THE ARMY , hereinafter
referred to as the " Government " , acting by and through the Chief ,
Real Estate Division , U . S . Army Corps of Engineers , Jacksonville �n
District , hereinafter referred to as " said officer , " and Board of rni
County Commissioners , Indian River County , Florida , 1840 25th 3
�a
Street , Vero Beach , Florida 32960 , hereinafter referred to as the
" Grantee " : a
-v
WHEREAS , the Government has acquired a perpetual easement tv
over the above - numbered tract of land , which easement , by its r
terms , reserves to the Government , in perpetuity , the right to N
deposit dredged material in connection with construction ,
improvement , and maintenance of the Intracoastal Waterway ,
Jacksonville to Miami , Indian River County , Florida ; and
WHEREAS , the Grantee has requested permission to operate and
maintain a public recreational facility in , on , across , over , and
under a portion of the lands identified as Tract No , 398 , Section
13 , Township 32 South , Range 39 East , Indian River County ,
Florida . The area comprising 12 . 00 acres , more or less , is shown
in red on Exhibit " A " attached hereto and made a part hereof .
NOW THEREFORE , this consent is granted and accepted under
the following conditions : o
1 . That it is understood that this consent is effective only CZ)
insofar as the property rights of the Government in the land to �A
be occupied are concerned , and that it does not relieve the -�
Grantee from the necessity of obtaining grants from the owners of
the fee and / or other interests , therein , nor does it obviate the CD
requirement that the Grantee obtain State or local assent C11
required by law for the activity authorized herein . rn
COUNTY ATTORNEY' S OrI' iCF
INDIAN RIYFR COU) ! ' ; . f
1840 25Th Sfreof
Vero Beacli , Florida 32960
Attachment A
Page 11 of 16 Pages
SSLL No . 310345813
IN T14E
COR
EFFREYEK. BART' M
CLERK CIRCUIT COURT
DEPARTMENT OF THE ARMY INDIAN RIVER CO . , FLA.
CONSENT TO EASEMENT
STATE OF FLORIDA TO USE CORPS OF ENGINEERS RIGHT - OF - WAY
INDIAN RIVER COUNTY
FI; IS ! S TO CERTIFY THAT THIS IS CD
a ? RU'e AND CORRECT COPY OF Consent No , DACW17 - 9 - 96 - 0 02 8 � O
rHF: ORIGINAL ON FILE IN THIS N
ProjectIntracoastal W
XF) CE. : aterway ,
Jacksonville to Miami , Indian Z-
JEFFREY IC "; TONE CLERK River County , Florida fV
) ATE - _ Ci
D C Tract No . 398
THIS CONSENT TO EASEMENT AGREEMENT , made by and between the
UNITED STATES OF AMERICA , DEPARTMENT OF THE ARMY , hereinafter
referred to as the " Government " , acting by and through the Chief ,
Real Estate Division , U . S . Army Corps of Engineers , Jacksonville �n
District , hereinafter referred to as " said officer , " and Board of rni
County Commissioners , Indian River County , Florida , 1840 25th 3
�a
Street , Vero Beach , Florida 32960 , hereinafter referred to as the
" Grantee " : a
-v
WHEREAS , the Government has acquired a perpetual easement tv
over the above - numbered tract of land , which easement , by its r
terms , reserves to the Government , in perpetuity , the right to N
deposit dredged material in connection with construction ,
improvement , and maintenance of the Intracoastal Waterway ,
Jacksonville to Miami , Indian River County , Florida ; and
WHEREAS , the Grantee has requested permission to operate and
maintain a public recreational facility in , on , across , over , and
under a portion of the lands identified as Tract No , 398 , Section
13 , Township 32 South , Range 39 East , Indian River County ,
Florida . The area comprising 12 . 00 acres , more or less , is shown
in red on Exhibit " A " attached hereto and made a part hereof .
NOW THEREFORE , this consent is granted and accepted under
the following conditions : o
1 . That it is understood that this consent is effective only CZ)
insofar as the property rights of the Government in the land to �A
be occupied are concerned , and that it does not relieve the -�
Grantee from the necessity of obtaining grants from the owners of
the fee and / or other interests , therein , nor does it obviate the CD
requirement that the Grantee obtain State or local assent C11
required by law for the activity authorized herein . rn
COUNTY ATTORNEY' S OrI' iCF
INDIAN RIYFR COU) ! ' ; . f
1840 25Th Sfreof
Vero Beacli , Florida 32960
Attachment A
Page 11 of 16 Pages
SSLL No . 310345813
2 . That any proposed improvements or use authorized herein shall
not be commenced until appropriate rights shall have been
obtained by the Grantee from the record owners and encumbrancers
of the fee title to the lands involved , or until the Grantee has
obtained all Federal , State , or local permits required by law .
3 . That the proposed improvements or use authorized herein shall
be consistent with the terms and conditions of this Consent ; and
that any improvements or use not specifically identified and
authorized shall constitute a violation of the terms and condi -
tions of this Consent which may result in a revocation of this
Consent and in the institution of such legal proceedings as the
Government may consider appropriate , whether or not this Consent
has been revoked or modified .
4 . That the exercise of the privileges hereby consented to shall
be without cost or expense to the Government and under the super -
vision of and subject to the approval of the said officer having
immediate jurisdiction over the property and subject to such
regulations as he may from time to time prescribe , including , but
not limited to , the specific conditions , requirements , and
specifications set forth in paragraph 14 below .
5 . That the Grantee shall supervise and maintain the said
improvements and cause it to be inspected at reasonable
intervals , and shall immediately repair any damage found therein
as a 'result of such inspection , or when requested by said officer
to repair any defects . Upon completion of the installation of
said improvements or the making of any repairs thereto , the
premises shall be restored immediately by the Grantee , at the
Grantee ' s own expense , to the same condition as that in which
they existed prior to the commencement of such work , to the
satisfaction of said officer .
6 . That any property of the Government damaged or destroyed by
the Grantee incident to the exercise of the privileges herein �
granted shall be promptly repaired or replaced by the Grantee toCD
'—
the satisfaction of the said officer , or in lieu of such repair
or replacement , the Grantee shall , if so required by said officer �-
and at his option , pay to the Government an amount sufficient to
CJ1
-J
2
Attachment A
Page 12 of 16 Pages
SSLL No . 310345813
2 . That any proposed improvements or use authorized herein shall
not be commenced until appropriate rights shall have been
obtained by the Grantee from the record owners and encumbrancers
of the fee title to the lands involved , or until the Grantee has
obtained all Federal , State , or local permits required by law .
3 . That the proposed improvements or use authorized herein shall
be consistent with the terms and conditions of this Consent ; and
that any improvements or use not specifically identified and
authorized shall constitute a violation of the terms and condi -
tions of this Consent which may result in a revocation of this
Consent and in the institution of such legal proceedings as the
Government may consider appropriate , whether or not this Consent
has been revoked or modified .
4 . That the exercise of the privileges hereby consented to shall
be without cost or expense to the Government and under the super -
vision of and subject to the approval of the said officer having
immediate jurisdiction over the property and subject to such
regulations as he may from time to time prescribe , including , but
not limited to , the specific conditions , requirements , and
specifications set forth in paragraph 14 below .
5 . That the Grantee shall supervise and maintain the said
improvements and cause it to be inspected at reasonable
intervals , and shall immediately repair any damage found therein
as a 'result of such inspection , or when requested by said officer
to repair any defects . Upon completion of the installation of
said improvements or the making of any repairs thereto , the
premises shall be restored immediately by the Grantee , at the
Grantee ' s own expense , to the same condition as that in which
they existed prior to the commencement of such work , to the
satisfaction of said officer .
6 . That any property of the Government damaged or destroyed by
the Grantee incident to the exercise of the privileges herein �
granted shall be promptly repaired or replaced by the Grantee toCD
'—
the satisfaction of the said officer , or in lieu of such repair
or replacement , the Grantee shall , if so required by said officer �-
and at his option , pay to the Government an amount sufficient to
CJ1
-J
2
Attachment A
Page 12 of 16 Pages
SSLL No . 310345813
compensate for the loss sustained by the Government by reason of
damage to or destruction of Government property .
7 . That the Government shall not be responsible for damages to
the property or injuries to persons which may arise from or be
incident to the exercise of the privileges herein granted , or for
damages to the property of the Grantee , or for damages to the
property or injuries to the person of the Grantee , or the persons
of Grantee ' s officers , agents , servants , or employees , or others
who may be on said premises at the invitation of the Grantee or
the invitation of one of them , arising from Governmental activi -
ties on or in the vicinity of the said premises , and the Grantee
shall hold the Government harmless from any and all claims .
8 . That the Government shall in no case be liable for any damage
to any improvements herein authorized which may be caused by any
action of the Government , under the rights obtained in its
easements , either hidden or known , or that may result from the
future operations undertaken by the Government , and no claim or
right to compensation shall accrue from such damage , and if
further operations of the Government require the alteration or
removal of any improvements herein authorized , the Grantee shall ,
upon due notice , from said officer , alter or remove said improve -
ments without expense to the Government and subject to .the
supervision and approval of the said officer and no claim for
damages shall be made against the Government on account of such
alterations or removal .
9 . That construction and / or operation , maintenance , and use of
any improvements incident to the exercise of the privileges
herein granted shall be in such a manner as not to conflict with
the rights of the Government , nor to interfere with the
operations by the Government under such rights nor to endanger
lives and safety of the public .
10 . That this Consent may be terminated by the Government or
said officer upon reasonable notice to the Grantee if the Govern -
ment or said officer shall determine that any improvements or use
to which consent is herein granted interferes with the use of CD
said land or any part thereof by the Government , and this Consent Z-
may be annulled and forfeited by the declaration of the Govern -
ment or said officer for failure to comply with any or all of the
O
Cn
CO
3
Attachment A
Page 13 of 16 Pages
SSLL No . 310345813
compensate for the loss sustained by the Government by reason of
damage to or destruction of Government property .
7 . That the Government shall not be responsible for damages to
the property or injuries to persons which may arise from or be
incident to the exercise of the privileges herein granted , or for
damages to the property of the Grantee , or for damages to the
property or injuries to the person of the Grantee , or the persons
of Grantee ' s officers , agents , servants , or employees , or others
who may be on said premises at the invitation of the Grantee or
the invitation of one of them , arising from Governmental activi -
ties on or in the vicinity of the said premises , and the Grantee
shall hold the Government harmless from any and all claims .
8 . That the Government shall in no case be liable for any damage
to any improvements herein authorized which may be caused by any
action of the Government , under the rights obtained in its
easements , either hidden or known , or that may result from the
future operations undertaken by the Government , and no claim or
right to compensation shall accrue from such damage , and if
further operations of the Government require the alteration or
removal of any improvements herein authorized , the Grantee shall ,
upon due notice , from said officer , alter or remove said improve -
ments without expense to the Government and subject to .the
supervision and approval of the said officer and no claim for
damages shall be made against the Government on account of such
alterations or removal .
9 . That construction and / or operation , maintenance , and use of
any improvements incident to the exercise of the privileges
herein granted shall be in such a manner as not to conflict with
the rights of the Government , nor to interfere with the
operations by the Government under such rights nor to endanger
lives and safety of the public .
10 . That this Consent may be terminated by the Government or
said officer upon reasonable notice to the Grantee if the Govern -
ment or said officer shall determine that any improvements or use
to which consent is herein granted interferes with the use of CD
said land or any part thereof by the Government , and this Consent Z-
may be annulled and forfeited by the declaration of the Govern -
ment or said officer for failure to comply with any or all of the
O
Cn
CO
3
Attachment A
Page 13 of 16 Pages
SSLL No . 310345813
15 . That this Consent may not be transferred to a third party
without the prior written notice to the Chief , Real Estate
Division , U . S . Army Corps of Engineers , Jacksonville District ,
Post Office Box 4970 , Jacksonville , Florida 32232 - 0019 , and by
the transferee ' s written agreement to comply with and be bound by
all the terms and conditions of this Consent . In addition , if
the Grantee transfers the improvements authorized herein by
conveyance of realty , the deed shall reference this Consent and
the terms and conditions herein and the Consent shall be recorded
along with the deed in the Registrar of Deeds or with other
appropriate official .
This Consent is not subject to Title 10 , United States Code ,
Section 2662 .
IN WITNESS WHEREOF , I have hereunto set my hand , by
authority of the Secretary of the Army , this _P� day of
1996 ,
UNITED STATES OF AMERICA
BY :
BART J . WIVELL
Chief , Real Estate Division
U . S . Army Engineer District
Jacksonville , Florida
BOARD OF COUNTY COMMISSIONERS ,
INDIAN RIVER COUNTY , FLORIDA
0
:.o
0
; . . PA B. ADf � GHAi' ,ESJ
VI
-0
1. p
indjLin � � ' i l . i � llAl VC: C1 � at0CD
^^ �
Department . .. . . . . t� ) L.
Division `
Attachment A
Page 14 of 16 Pages
SSLL No . 310345813
15 . That this Consent may not be transferred to a third party
without the prior written notice to the Chief , Real Estate
Division , U . S . Army Corps of Engineers , Jacksonville District ,
Post Office Box 4970 , Jacksonville , Florida 32232 - 0019 , and by
the transferee ' s written agreement to comply with and be bound by
all the terms and conditions of this Consent . In addition , if
the Grantee transfers the improvements authorized herein by
conveyance of realty , the deed shall reference this Consent and
the terms and conditions herein and the Consent shall be recorded
along with the deed in the Registrar of Deeds or with other
appropriate official .
This Consent is not subject to Title 10 , United States Code ,
Section 2662 .
IN WITNESS WHEREOF , I have hereunto set my hand , by
authority of the Secretary of the Army , this _P� day of
1996 ,
UNITED STATES OF AMERICA
BY :
BART J . WIVELL
Chief , Real Estate Division
U . S . Army Engineer District
Jacksonville , Florida
BOARD OF COUNTY COMMISSIONERS ,
INDIAN RIVER COUNTY , FLORIDA
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Page 14 of 16 Pages
SSLL No . 310345813
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Attachment A
Page 15 of 16 Pages
SSLL No . 310345813
1 DD
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Attachment A
Page 15 of 16 Pages
SSLL No . 310345813
P � Ail - 1 i Y� •p A �+
F 607
M tot E _
P 407
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a rte.
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FINAL
• � • PROJECT MAP
DWT- or iH! ARMY
uumo may" CORPS OF ENGINEERS
DATION OF PROJECT
STAIR FLORIDA
COIp4ry NDIAN IVEA
DWISIOPI A AN
DISTMCT - LL
ARMY Al2A
AAJM Of
hl6 of OP
TRANSPORTATION FAUUTIES
aA&* 6 FLORIDA EAST COAST
STAT[ ROADS Al 1
f®ERN ROADS US I
AS L64fS
INDIAN RIVER COUNTY
DEPARTMENT OF THE ARMY
11-N TRACT H V f-. ' yH - 0'0' JACKSOMVILL[ DISTRICT . CORPS Of ENGINEERS
7 - 10-74 069 A0611AR0 , NGPLAcaa 0H0IT N MM PMT10R Of 04. II.R. JACKSONVILLE , FLORIDA (,�
f- r - 0t TRS OSOt- 1 a 6001-a AOD4a GEIS r-�
0 - 10 - 0t TRACTS 400 a 404 n[voLLD ErA DM1Y14 n
0 - 1 - 00 TRACTS a6O04- 1, 06001- a a 66aa L% R41 c. EP. T%ACw n D REAL ESTATE
y
t - 6 - TRAcn wooa -1, wool- a a 61a A0046
11. 0 - .a TRACTS 04049-1a04041ADO[ D EtlN OBS® 0t INTRACOASTAL WATERWAY r
0 - 40- ►OIIn0R0 or TRE 000 a HO 0I0►OSLD or As SHO" CLP. M —�
" TR"" '° E'•N JACKSONVILLE , TO MIAMI
0 - 1 - TRACTD 64005- 1 , 0400a • l , 640a a aXPI CIL P,
0- 10- TRACT 04069 T[RYIRATaR CER T�OAllytppp m CD
4 - 1 - 00 TRACT 64054 HLINIaa CCR ArPROV® n, �+\
I 00 0 - 0 - 01 7RAQt 0100!.- 0100[ - 0 a4q [ 040 tL • NOD [ ADO[D WI II
2 - 87- TRACT r- 007 [ A6046ERtl - - _ DAn h K)LY 1974
0- 0 . 67 TRACT ►• 0004 a1tI6991 1D OHORR Rat! O"ICIL CHM Of B4GR4THq, WASH04GTON IS, 0. CTRACTS
I `•/
- 0*2111 AND
C 1!6-Lt
07 TRACT /'OOOH ADD[6r KCTlORAODLIAlO R4Vwl0 CR.tl
AUDITED - �---
DAA OLYItl000 n ►OTALLAlIO . p0 III HST C - '5[ OIIOfi �A_ p ORAvr610 Ha RE •CI 214
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Attachment A
Page 16 of 16 Pages
SSLL No . 310345813
P � Ail - 1 i Y� •p A �+
F 607
M tot E _
P 407
r
f
4
a rte.
6'j 4*�L- 4 a 4. 4P•, MSA IR 7 Z
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FINAL
• � • PROJECT MAP
DWT- or iH! ARMY
uumo may" CORPS OF ENGINEERS
DATION OF PROJECT
STAIR FLORIDA
COIp4ry NDIAN IVEA
DWISIOPI A AN
DISTMCT - LL
ARMY Al2A
AAJM Of
hl6 of OP
TRANSPORTATION FAUUTIES
aA&* 6 FLORIDA EAST COAST
STAT[ ROADS Al 1
f®ERN ROADS US I
AS L64fS
INDIAN RIVER COUNTY
DEPARTMENT OF THE ARMY
11-N TRACT H V f-. ' yH - 0'0' JACKSOMVILL[ DISTRICT . CORPS Of ENGINEERS
7 - 10-74 069 A0611AR0 , NGPLAcaa 0H0IT N MM PMT10R Of 04. II.R. JACKSONVILLE , FLORIDA (,�
f- r - 0t TRS OSOt- 1 a 6001-a AOD4a GEIS r-�
0 - 10 - 0t TRACTS 400 a 404 n[voLLD ErA DM1Y14 n
0 - 1 - 00 TRACTS a6O04- 1, 06001- a a 66aa L% R41 c. EP. T%ACw n D REAL ESTATE
y
t - 6 - TRAcn wooa -1, wool- a a 61a A0046
11. 0 - .a TRACTS 04049-1a04041ADO[ D EtlN OBS® 0t INTRACOASTAL WATERWAY r
0 - 40- ►OIIn0R0 or TRE 000 a HO 0I0►OSLD or As SHO" CLP. M —�
" TR"" '° E'•N JACKSONVILLE , TO MIAMI
0 - 1 - TRACTD 64005- 1 , 0400a • l , 640a a aXPI CIL P,
0- 10- TRACT 04069 T[RYIRATaR CER T�OAllytppp m CD
4 - 1 - 00 TRACT 64054 HLINIaa CCR ArPROV® n, �+\
I 00 0 - 0 - 01 7RAQt 0100!.- 0100[ - 0 a4q [ 040 tL • NOD [ ADO[D WI II
2 - 87- TRACT r- 007 [ A6046ERtl - - _ DAn h K)LY 1974
0- 0 . 67 TRACT ►• 0004 a1tI6991 1D OHORR Rat! O"ICIL CHM Of B4GR4THq, WASH04GTON IS, 0. CTRACTS
I `•/
- 0*2111 AND
C 1!6-Lt
07 TRACT /'OOOH ADD[6r KCTlORAODLIAlO R4Vwl0 CR.tl
AUDITED - �---
DAA OLYItl000 n ►OTALLAlIO . p0 III HST C - '5[ OIIOfi �A_ p ORAvr610 Ha RE •CI 214
C7rot r Jj � y �l
_ 1
Attachment A
Page 16 of 16 Pages
SSLL No . 310345813