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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 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 1 DD . . .. 1 Flt 8, ET "a At p• h Dat • • -g7Ptt7f16....- fl 1 pip 0-1 CG WALKER • Vlaw// LL , ET Via DO.te TlhM p4y/2I • • • t/A EA4t. FROM 8- t$ - 6& to D- I • DO a- to -s0 r A40. l/ a[ADoa , R 1M • n1 °Q °O.. t.aPRE R ux 20. 07 '.l FRED R. Tu[ Rx R l. - 1t - 10- 64 14. 04 DttD DATED tt - 4 - D1 • • 11 .00 p4Q-11-t I&A. DIK•ORT, ft. IL tne4w4 D R.1 D1wNpat°p 71 .00 T1YR a/a Vk FROM e- 4• N 1 Ta e- 1 - 40 1 W040- . 11 .18 pIP A.C. MAC CORatILI R UX IDI p •4-IF/ A.F. O. Lw At , CT 1Ix MOO 0- 05 - 06 . III 40-3/-1A T.0 uD00V R Ux At 1.TL k11DNT, CT US 1 ° 'OO D-tY t0 F . 141 D- •- N •'d 1 La . 0. tl • DD It It .00 PERP. D/A UID NL EADC FROM t- N - N yt u . ts 7. L► JOHNS. . '� ISLAND eVIDDR JWACCORDTw R LGIt OW T7KAT 0 0" ♦ ASC w 12 17 R 40 ! Is 1 • Ip 39 [ 13 N I I I = IID J A 1•� •. � Ih I I � . • C=ZN C to I RaVOR1t� aEvoate ;� J I sl• 3 I� .. 1 - w - Da 1- to-lo as o l �` 0 I I < I . , •Y dDT •da. Boo J 309 401 /L x- 4DT. . ;''r .j • Y � '� A T .IjN (3 C? 0 . V o N 0 12 11 I •�� 14 G7 IS 24 ' kyr 14 Z3 �•� -(r �7 �i Q IA qq 99 Attachment A Page 15 of 16 Pages SSLL No . 310345813 1 DD . . .. 1 Flt 8, ET "a At p• h Dat • • -g7Ptt7f16....- fl 1 pip 0-1 CG WALKER • Vlaw// LL , ET Via DO.te TlhM p4y/2I • • • t/A EA4t. FROM 8- t$ - 6& to D- I • DO a- to -s0 r A40. l/ a[ADoa , R 1M • n1 °Q °O.. t.aPRE R ux 20. 07 '.l FRED R. Tu[ Rx R l. - 1t - 10- 64 14. 04 DttD DATED tt - 4 - D1 • • 11 .00 p4Q-11-t I&A. DIK•ORT, ft. IL tne4w4 D R.1 D1wNpat°p 71 .00 T1YR a/a Vk FROM e- 4• N 1 Ta e- 1 - 40 1 W040- . 11 .18 pIP A.C. MAC CORatILI R UX IDI p •4-IF/ A.F. O. Lw At , CT 1Ix MOO 0- 05 - 06 . III 40-3/-1A T.0 uD00V R Ux At 1.TL k11DNT, CT US 1 ° 'OO D-tY t0 F . 141 D- •- N •'d 1 La . 0. tl • DD It It .00 PERP. D/A UID NL EADC FROM t- N - N yt u . ts 7. L► JOHNS. . '� ISLAND eVIDDR JWACCORDTw R LGIt OW T7KAT 0 0" ♦ ASC w 12 17 R 40 ! Is 1 • Ip 39 [ 13 N I I I = IID J A 1•� •. � Ih I I � . • C=ZN C to I RaVOR1t� aEvoate ;� J I sl• 3 I� .. 1 - w - Da 1- to-lo as o l �` 0 I I < I . , •Y dDT •da. Boo J 309 401 /L x- 4DT. . ;''r .j • Y � '� A T .IjN (3 C? 0 . V o N 0 12 11 I •�� 14 G7 IS 24 ' kyr 14 Z3 �•� -(r �7 �i Q IA qq 99 Attachment A Page 15 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 IT• 1. RI ♦ • \ 306 ■ • TOO DOO is w (A V, \ \ \ \ \ • \ r O P = \ \ \ \ \QII \ \ ` \ \ \ \ O M U ' - 1 ~ 8404 � 406 e$ d t, 04 O D 1 0404 1 TA• 6cPA' ` \ \ ♦ � R ♦ \ \ \ ♦ \ N 1 \ 1 p \ ♦ \ , ♦ ♦ \ \ \ ♦ \ \ \ $ \ \ l 1 1 N \ r 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 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 IT• 1. RI ♦ • \ 306 ■ • TOO DOO is w (A V, \ \ \ \ \ • \ r O P = \ \ \ \ \QII \ \ ` \ \ \ \ O M U ' - 1 ~ 8404 � 406 e$ d t, 04 O D 1 0404 1 TA• 6cPA' ` \ \ ♦ � R ♦ \ \ \ ♦ \ N 1 \ 1 p \ ♦ \ , ♦ ♦ \ \ \ ♦ \ \ \ $ \ \ l 1 1 N \ r 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