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HomeMy WebLinkAbout2026-186A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK This Instrument Prepared By; Chace Wise Action No. 52642 Bureau of Public Land Administration 3800 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32303 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL BOT FILE NO. 310008014 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 submerged lands as defined in 18-21.003, Florida Administrative Code, contained within the following legal description: A parcel of sovereignty submerged land in Section 31 Township 30 South, Range 39 East, in Indian River, Indian River County, Florida, containing 3,541 square feet, more or less, as is more particularly described and shown on Attachment A, dated October 19. 2007. TO HAVE THE USE OF the hereinabove described premises from July 25, 2026, the effective date of this lease renewal, through July 25, 2031, the expiration date of this lease renewal. 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 a 3 -slip docking facility with a non -water dependent historical fish house/shed to be used exclusively for mooring of recreational vessels for demonstration purposes in conjunction with an upland public historical facility, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 25, as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. [02-29] A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 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 (i) 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.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(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. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: 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. 4. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the 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 entire term of this lease plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 6. 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. 7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do 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. 8. 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 this lease, current 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. Page 2 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 9. LIABILITY/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. 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 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 I801 27th Street, Building A 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. 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. 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. Page 3 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 17. RENEWAL PROVISIONS: Renewal ofthis lease shall be at the sole option ofthe 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 the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day ofthe previous lease term. 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 interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or 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 10 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 Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20. 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 ofthis lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21. 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 ofthe modification or amendment. Notwithstanding the provisions ofthis paragraph, if mooring is authorized by this lease, the Lessee may install boatliis 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 ofthe lift does not increase the mooring capacity ofthe docking facility. 22. 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 lease. Page 4 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE 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. 24. 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. 25. 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. 26. 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. 27. SPECIAL LEASE CONDITIONS: A. Unless authorized in writing by the Lessor, the Lessee shall not rebuild or restore the non -water dependent structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of a structure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to restore the structure to a safely useable condition. In addition, the use of the non -water dependent structures included in this lease shall not be converted to a new use except as authorized in writing by the Lessor. B. Within 60 days after the Lessor's execution of this lease, the 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. The Lessee shall maintain these signs during the term of this lease and all subsequent renewal terms and shall be required to replace the signs in the event they become faded, damaged, or outdated. The 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, "Manatee Educational 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). [Remainder of page intentionally left blank; Signature page follows] Page 5 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES: Signature: Printed Address: 3800 Commonwealth Blvd Tallahassee, FL 32399 Signature: Printed N Address: 3800 Commonwealth Blvd Tallahassee, FL 32399 STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) BY: Brad Richardson, Chief, 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 Improvement Trust Fund of the State of Florida Florida Department of Environmental Protection Division of State Lands 3800 Commonwealth Blvd Tallahassee, FL 32399 "LESSOR" The foregoing instrument was acknowledged before me by means of _ physical presence or_online notarization this day of , 20__, by Brad Richardson. Chief. 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 Improvement Trust Fund of the State of Florida. He is personally known to me. �PPOVED S JECT T PROPER EXECUTION: 9/11/2026 `t EP Attorney Date Page 6 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK WITNESSES: Sion,,ture Printed Name: Address: 19O a I Signature: + bew k h /� •' a4_01e1U Printed Name: Kimberly K. Moirano Address: 1801 27th Street, Vero Beach, Florida, 32960 STATE OF FLORIDA COUNTY OF INDIAN RIVER Indian River County. Florida ---<)-lBY: °y` Original Signature of Executing Authority Deryl Loar Typed/Printed Name of Executing A Iiot',ty. "' ':' ` • �� F` •` Chairman Title of Executing Authority Indian River County, Florida 1801 27th Street, Building A Vero Beach, Florida 32960 "LESSEE" APPROVED AS TO FORM AND GAL CIENCY BY CHRIST H R A. HICKS ASSISTANT OU TY ATTORNEY The foregoing instrument was acknowledged before me by means of X physical presence or_online notarization this 9th day of Cttober , 2026, by Dervl Loar as Chairman, for and on behalf of Indian River County, Florida. He is personally known to me or who has produced , as identification. My Commission Expires: April 9, 2027 Commission/Serial No. ICI 368125 Page 7 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 y►r•.l�jt�I4 K Y %O d Signature of Notatiyjublic Notary Public, State of Florida Kimberly K. Nbiramo Printed, Typed or Stamped Name [aMBERLY K. MOIRANO +' MYCOMMISSION#HH366125 •,a EXPIRES: Ap4N 9.2027 Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Attachment A Page 8 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK v SKETCH OF DESCRIPTION SHORELINE CONDITION SUBMERGED LANDS LEASE A PART OF AUGUST PARK SUBDIVISION, SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDL4N RIVER COUNTY, FLORIDA lad ~ J � gE C'7 S1It&1 '.,v 0 " oo r_ VIP ESL oLL V�� COQ' r 'L) u Xivp OO st O 2\O� OC WW�n a<n fJ oop 0 is ii ¢ NOT TO SCALE "THIS IS A FIELD SURVEY" Florida TARTER ASSOCIATES, INC. Serving Fl since 19 11 CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET 772-58Z-4191 TEL PROJ#07-269S BY: VERO BEACH, FLORIDA 32960-3472 772-662-7180 (FAXDATE: ;D11G#18284-AI 4 DATE: 4/09/07 SBEET I OF 4 Attachment A Page 9 of 17 Pages Sovereignty Submerged Lands Lease No. 3I0008014 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK SKETCH OE DESCR/P7M SUBMERGED LANDS LEASE A PART OF AUGUST PARK SUBDIVISION, SECTION 31, TOWNSHIP 30 SOUTH RANGE 39 E45T, INDIAN RIVER COUNTY, FLORIDA LL ti 0 0 O O N O1 0 N Y Np 3 a b N n O rn o. a' in Attachment A Page 10 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 BY: D DATE: Serving Florida Since 1911 DNG#'18284-A1 SHEET 2 OF 4 W L7 A COLE J J ZU O- 2W }OJ 0 � -- UUm Wu ---J U WI SKETCH OF DESCRIPTION SHORELWE COND/770N SUBMERGED LANDS LEASE A PART OF AUGUST PARK SUBDIVISION, SECTION 31, TOWNSHIP 30 SOUTH, RANG£ 39 EAST, INDIAN RIVER COUNTY, FLORIDA SHORElihIF ONDITONS S 1000 FEET NORTH: 26% CONCRETE SEAWALL AND 74X NATIVE VEGETATION AND NATURAL SHORELINE 1000 FEET SOUTH: 28% CONCRETE RUBBLE AND 72% NATIVE VEGETATION AND NATURAL SHORELINE SUBJECT PARCEL: 100% NATURAL SHORELINE INDIAN RI1�£R LAGOON u vuI I A w4wMianx w°Vioww i """� . I e Q core* i "THIS IS A FIELD SURVEY" !CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET 772-882-4101 TEL VERO BEACH, FLORIDA 32980-3472 772-882-7190 (FAX) (NOT TO SCALE) Serving Florida Since 1911 PROJ#107-269S BY: DLC DWG#18284-A1 DATE: 4/00/07 SHEET 3 OF 4 7 0 00 M A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK SKETCH OAF DESCR�'' 1OV / St.AERC D LAWS LEASE A PART OF AUGUST PARK SUBDMSION, SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, DESCRIPTION AS PROPOSES LEA SA, INDIAN RIVER COUNTY, FLORIDA PARCEL LING AID SITUATED EASTERLY OF AUGUST PARR' SUNtVISON. M PART OF SECTION 31, TGAPy8 30 5(5014, RANGE 39 EAST, 5101144 RIVER COUMY, TLORIDA ODIBETIOIG. AT HIE ill INTERSECTION OF THE EAST STOAT -AS -WAY LOS OF MAN RIVER 06W (NEW DOM IIGAWAY/O D U.S HIOANAY NO.1) AND THE EASTERLY EICIETBOI OF THE NORTH UNE OF LOT 2 W SUSOMSDII OF AUGUST PARR S1R30MSO/1. AS tE00RDED N PLAT 8001(1- PAGE H9, ST. LURE COUNTY, FLORIDA HEN SOUR ?T inT EAST ALONG 1)5 SAID EAST WGHT-OF-WAY OF NDIAN RIVER DRIVE A ,STANCE OF 40.97 FEET: THENCE RUN NORTH 6212'23' EAST A DISTANCE OF SEW FEET TOM /EAR /ION WATER tIE OF St WEST SAIN5 OF THE IIORAN RIVET LAGOON AS IT PRESENTLY DOSES AND PONT OF BEGNMHR FROM SAD POINT OF BE066NC COM19A/E NORTH 6212'23' EAST A DISTANCE OF 87.77 FEET: THENCE RUN NORTH 2673'50.' TEST A DISTANCE OF 21-23 FEET; THENCE TUN NORTH 620449' EAST A DISTANCE OF 39.96 FEET, THENCE RUN NORM 2T45'll' WEST A DISTANCE OF 11.30 FEET. 'HENCE RUN NORTH 625499' EAST A DISTANCE OF 36.97 FE I THENCE RUN SOU1H 260425' EAST A DISTANCE OF 4244 FEET• THENCE RUN 506TH 6133'32' WEST A DISTANCE OF 31.51 FEET; THENCE RUN NORTH 2836'26" WEST A DISTANCE OF 337 FEET; SINCE RU( 300" 612845' WAT A DISTANCE OF 130.52 FEET TO TM AFORENDMoNED i5µ HIGH WATER UE OF THE NEST BANK 06 115 SOW RIVER LA00OA THENCE INN 1106111 8470''16' WEST ALONG SAD 'ALAN HIGH WATER LIE A 05181445 OF 10.28 FEET TO 1HE PORT OF 8506011111 CONTAINCc 431030 SOFT. OR 0.06 ACE$ NOTE 04 LESS. tk3CRle7riN OF PRFFT ED AREA (NON WATER TIEPEII100ET Stmt 9Fc7 PA. LING AHD SITUATED EASTERLY OF AUW$T PARK' 509091506, N PART OF RCTION 31, T AHSHIP8 30 SOUTH, RANGE 39 EAST, NOAH RIVER COUNTY, F1.ORIDA- CpYDNCIG AT THE NTFRSEC006 OF THE EAST 10041 —OF —WAY LAS OF NON) RIVER GRAS (IEW Oat HKNWAY/bt& U.S, NCHWAY 010.7) AND THE FAS7EALY 8115106 51 OF TIE NORM UIE OF LOT 2 OF 989014506 OF AUGUST PARK 5UBGIV15 C*, AS RECOROm M PUT BORIC 1. PAGE 19. 67. LURE COUNTY, FLORIDA; RUN 51584 26562'5' FAST ALONG THE SAO EAST 19041 —OF —WAY OF *DAN OVER DOVE A DISTANCE 06 40.97 FEET; HENCE RUN NORM 8212'237 EAST A INSTANCE OF 76.47 FEET TO THE 15814 1901 WAILS LIE OF THE WEST BATHS OF SE I DIAN RIVER LAGOON AS A PRESENTLY 00515 7051115 CON181UE NORTH 927723• EAST A DISTANCE OF 87.77 FEET TO SHE PONT OF BEGINNING; FROM SAO PANT OF/5/699910 TWIT NORTH 283.23 WEST A ,STANCE OF 21.23 FEET: HENCE RUN NORTH 627449" EAST A D STAIICE OF 57.49 FEET; 7H ENCE RUN SOUTH 2833'44EAST A DISTANCE OF 21.23 FEET; THENCE RUN SOUTH 9271'49' TEST A DISTANCE OF 51.40 FEET TO THE PONT OF 85969980. CONTA6/10 1.081.96 SOJT. OR 0.03 ACRES MORE OR LESS PARCEL '7' (MR9ONAL ADOESSI 1740 NEW! RIVER DOVE) �6AIG AT M NORTH LIE OF LOT 2 OF SUTOMSO1 OF AUGUST PARK ESTATE WHERE THE NEW 060E 79OIWAY GROSSES SAD U E. THENCE ALONG SAID /50.11915 SOUTH 50 FEET OEM EAST OF SAD FKNWA5 SENCE EAST TO 5514811 RIVER; 11501E MORM ALONG SAO OVER To 15875 (NE OF SAID ESTATE; RE NGE TEST 70 A PONT OF BEGINING. TOGETHER WTI RIPAOMN 19041 5, SALE BEND SITUAIED N 55(1051 21, 10814598 30 SOUSE, RANGE 30 EAST. PARCEL '2' THAI PART OF LOT 1. FLAT OF THE 9.8011 504 OG LAND OF THE ESTATE OF AUGUST PARR, AS RECO70E0 N FRAY BOOK 1. PALE 19, ST. LUCE COUNTY, FLORIDA RELON6 NOW LYING AND DE1NC N I101AN OVER COUNTY FLOOD& BEING. MORE PARTICULARLY DESC MCD AS 1454.090 COMMENCING AT THE INTERSECTION OF $00154 ENE OF SAD LOT 1 AND THE EAST MINT -OF -WAY OF OD U.S FNCHSMY NO 1. 7L#NCE RON EAST ALOIC SAD 51504 LIE A DISTANCE OF MOD PEES SONS AN NLERIGR ANGLE OF 1277600' BUN NO THEASTERY A INSTANCE OF 33.00 FEET MGRS OR 0.035 TO THE WEST SHOE OF THE )DAN RIVER AM POW OF 8E7,7NNGK THENCE RETLAQRC LAST ANEN10NE0 COURSES RUN SOUTHWESTERLY A 0514 M OF 33.00 PEEL THENCE ON AN 9N7EOOR ANGLE OF 15376'W9" F10M UORDEASIEAY 70 WEST RUN A DISTANCE OF 18.00 FEET TO THE SAD EAST 8041 —OF —WAY OF US 11011061 110. 1; 1010445 TUN IOfMRIESIERLY 40591G SAD EAST @0R —OF —WAY A DISTANCE OF 20.00 FEET; THENCE ON AN ANGLE FROM 901111 70 EAST OF 90'4700" RUN NORTHEASTERLY A 5951*1115 HF 37.38 FEET TO THE SASS VEST SHORE OF M )OWN DUSK THENCE MEAEOFRNO SOUTiEASTERLY ALONG SAD WEST SHOE TO TIE POINT OF (AS PER OTFNDAL RECORD BOOR 843, PG. 0.238. I2D1AN OVER CO., FL) 154,81405 CONTAI 10 4,653.25 n.( OR 0.11 ACES. (0) S 98084 8 681!5 M 060415* 45 M 91064004980 9x W A IL9FDA 1,5106 061(106 *98 1198980 96 8,5840. NLTO1. 00.40198 NAP II 706 1f810040540 PIKE ES ONLY *10 K VD/ i IMO$ SNOaI HE6 4015 981 5694015 ON 9(SUMED 91 409898105 I. 1mn5-98-MY LA IS W KOOC RR90VA , MAMSW. A6N90RYIA, ODU, 401150111985. 201014 ATE 0640 7ERi1980401. L LAW USE RAN R90*400K 408040 O®S OI 114510 4C: 0681 140 0980(1 m 801 0100980 10 02.1455 401. O[,s 4N(AS OF 40058!1 OR AA, OWES 1 1•A 06 01 1 C01Ma 98.1 5985 at 06 590' VA. 098)1 M 011(5 i 915 0698159859809806109815000989819855060998. S. TN6 5 A 069060(1. 1!3' 900 pNb 1 9AW1 pp RA10mED 70 0(598,55 0.1055 O PAALAL 98.45.001 AW PROA01(D S MNEF4 9 LAWS LEAS AW PPMpN 9055 NO 1019 OBR0VA7WIS 418 \41551NL9.05510 98A06 i 001501941145 1090651. LT1O15.N 1L NWRS 151 915[0 5106 M 110015 A-UNCCAI1 09111 6 1063. 10A190n W `A5 PLAN W015.1.M1E 515155. 1180 OF 1OC 9101. IIL4O0/551 9D 490[Q©N M StAii 7. AIL OPDXI c 95.441 44808 AK $4980 01 1% NWfN 00*515 1(01540. 0519 O 1W (5.5.40 085). >01OY� 060 CONCRETE 98981 5509 '05 7505115 (1VA701 - 4.17' 49 4.4-0 .5596) T Ar. 6/YP 6T9N0 W1V CAP STN65O -MAX 59881. LING 555061 540@8051 98 M !40NI1[497 CW EA O LOI 2. 405.40 845 515180. AN,, ISO' SOT 5OUINII(51 O TIE 2'[55 901-40-400 98 45515981 091E E1t4- .0 RE' (NA♦d 16) LEGEND 9 OIAAETER S.C.O. SURVEY CONTROL ONLY P.038. POINT OF BEGM01NG R.O.W. RIGHT OF WAY (0) DESCRIPTION CALL (0) OBSERVED DATA ID. # IDENTIFICATION NUMBER 4. 2.48 NATURAL GROUND ELEVATION P.O.C. PONT OF COY6ENCEONT N.G.V.O. NATIONAL GEODETIC VERTICAL DATUM EL. ELEVATION V FORE HYDRANT LO./ IDENTIFICATION NUMBER 0 DESIGNATED 8" PILING "THIS IS A FIELD SURVEY" 11(15 SURVEY 15 CER1TF1EDT0 THE CONSERVATION HOD 90580 OF 'TRUSTEES yF 1K NRRI1A1. W61RDVEWXI TRUST TUNO OF THE STATE OF FORDA INDIAN RIVER COUNTY _ . FRANKS P.S5& 51G1A71RE DATE FLORIDA RE 11ON H. 4765 NC. LB. 205 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET 772-562-4191 (TEL) VERO BEACH, FLORIDA 32960-3472 772-582-7180 (FAX) Attachment A Page 12 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 -4 Al Serving Florida Since 1911 PROJ#07-269S BY: DLC/FSC DAG#18284-A1 DATE: 4/09/07 SHEET 4 OF 4 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK DESCRIPTION OF PROPOSED LEASE AREA; PARCEL LYING AND SITUATED EASTERLY OF "AUGUST PARK" SUBDIVISION, IN PART OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE (NEW DIXIE HIGHWAY/OLD U.S. HIGHWAY NO.1) AND THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 2 OF SUBDIVISION OF AUGUST PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 19, ST. LUCIE COUNTY, FLORIDA; RUN SOUTH 26°56'35" EAST ALONG THE SAID EAST RIGHT-OF-WAY OF INDIAN RIVER DRIVE A DISTANCE OF 40.97 FEET; THENCE RUN NORTH 62°12'23" EAST A DISTANCE OF 78.41 FEET TO THE MEAN HIGH WATER LINE OF THE WEST BANKS OF THE INDIAN RIVER LAGOON AS IT PRESENTLY EXISTS AND POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 62°12'23" EAST A DISTANCE OF 87.77 FEET; THENCE RUN NORTH 28°33'59" WEST A DISTANCE OF 21.23 FEET; THENCE RUN NORTH 62°14'49" EAST A DISTANCE OF 39.94 FEET; THENCE RUN NORTH 27°45'11" WEST A DISTANCE OF 11.30 FEET; THENCE RUN NORTH 62°50'39" EAST A DISTANCE OF 38.97 FEET; THENCE RUN SOUTH 28°04'25" EAST A DISTANCE OF 42.44 FEET: THENCE RUN SOUTH 61°33'32" WEST A DISTANCE OF 31.51 FEET; THENCE RUN NORTH 28°26'28" WEST A DISTANCE OF 3.37 FEET; THENCE RUN SOUTH 61°23'45" WEST A DISTANCE OF 130.52 FEET TO THE AFOREMENTIONED MEAN HIGH WATER LINE OF THE WEST BANK OF THE INDIAN RIVER LAGOON; THENCE RUN NORTH 54°0T16" WEST ALONG SAID MEAN HIGH WATER LINE A DISTANCE OF 10.28 FEET TO THE POINT OF BEGINNING. CONTAINING: 3,540.50 SQ.FT. OR 0.08 ACRES MORE OR LESS S_\P 07-269S�DoC DESCRryrjON OF PROPOSED LEASE AREA.doc Attachment A Page 13 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 1511NG REU AJN. an Rl r lorlda) - Attachment A Page 14 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 1812778 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2122 PG: 2414, 01/11/2007 02:57 PM DOC STAMPS D $5250.00 PREPARED BY AND RETURN TO: MARTIN S. AWERBACH, ESQ. AWERBACH & COHN, P.A. 2600 MCCORMICK DRIVE SUITE 100 CLEARWATER, FL 33759 (727) 725-3227 FILE NO. 4056 (Space Above This Line for Recording Pala) WARRANTY DEED THIS WARRANTY DEED made this -f (�' day of January, 2007, by Viola S. Judah, joined by her husband, James C. Judah, whose post office address is 13390 Indian River Drive, Sebastian, FL 32958, hereinafter called the grantor, to Indian River County, a political subdivision of the State of Florida, whose post office address is 1840 25`h Street, Vero Beach, FL 32960, hereinafter called the grantee. WITNESSETH: That the grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, all that certain land situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto Tax Parcel No. 30-39-31-00001-0000-00001/9 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Page 1 of3 Attachment B Page 15 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK BK: 2122 PG: 2415 Signed, sealed and delivered in the presence of: Witness 1: af , Witness 2i vyf/J`� s�ii�I MATT f/R/ Jri:: STATE OF FLORIDA COUNTY OF {1Lh �aicw VIOLA S. JUDAF THE FOREGOING INSTRUMENT was,Jnowledged before me on this giik day of January, 2007, by Viola S. Judah, who is (_) personally known to me or ( ) who produced _ _for identification. Signed, sealed and delivered in the presence of: Witness 1: Witness 2: sign pent STATE OF FLORIDA �J COUNTY OF _1j1- //L�i Vbtaiy Public My commission expires: E.I a Comm. ##0179 007 THE FOREGOING INSTRUMENT was acknowledged before me on this day of January��,Janes C. Judah who is personally known to me or who produced �/�. zA& 0 L 1iX%!l (jfor identification. L Npiy Public My commission YMOWE a F BT C Page 2 of 3 sme a nova. My Comm. Exp. Jan. 15, 2007 Comm # DD 177996 Attachment B Page 16 of 17 Pages Sovereignty Submerged Lands Lease No. 310008014 bL08000i£'0N asea7 spuel pal3latugnS Siu2IalaA0S S dL[JOLt aged g luaulgoeud £JO £ 32ed 'nNINN1D3B 10 £NT0d BTLL OL )O .4480[ 00.O JO 30NVJH70 $,0i,9fL.9as Z N2FLi A78Q N2AM NYIONT 40 HNT7 AVA do 1•HOI l .WV OIYS aL .Lad ,t'0i 10 EJNY.LSia V 4.0787298 9AiJ7 744.4114 HDT67 NYC! a7Y5 L JJ4VZ7 BONY7LL :L3 006 10 BJNY.LS10 V A.Or,L8,9CN 27NQA1 •+yzJ ircc A.",TS.34N a?NBILL ;L49d 8S'Od' AO,12.BLN Z2rQ 9.8T `IL,TO,J-c.QYN ;4783 49'9 /L►B.St.09N BNf► 83LYA HDI6 NYNK GYS OH07Y bRTYJ DHLAOTTOd 2H4 3 ViH1i1 •fMI I NVIONI ShU 10 1NII isLV4 HDTH NY3N kii as ,L4&d 54.69 40 80NV18Ia Y g. ,S0.39N 93X3!544 HNYd L8f1O11Y 40 IV7d OTYS SAL NO H1lOILS SV 2184JM 0950X7 2T( 40 8804 S 355.1 7YOINOISTH 9144 H.LL NOUD.9 2MLN7 MY ONLNIQT .H LV1 0SSY 'P N91Y0, 07dltD'LS dva @1V OON XONI NY OL 4311 78'09 10 Z)NYJSLO' Y R.9D.Ci.BBX TJN7KL :L3Sd 00.04 17 AVA 10 LHTft3 .459:5 OI►S OX0'IV 7,011,9!1.924` 2'3NSTLL '3X77 OIvs 171P083 (1Y11HDIH Az c 'Avtio1R BIIIO 4570 I ON ,LYJlgozg 'Sn 070 11'x'9) 9AINQ TL3AIN 01150X5 do Z*4T1 .full do JWDTN LBYY HILL 9X9144 '2 407 W)' .10 3Nfl ILLBON W.L No NT098 S.U!10.1 SY OYTD50Ta d7tfY1n3LL2TVd 3NOA ONI39 Vo7NOLI .l.LNIlOO SIAM 100W NI ON798 aNY DNLL7 AON VW 07d 'ASN000 950!)7 .LS .10 50800314 OP7W7d 3T Z 10 '6T HOVd 3V T 2000 LY7d NI a3@IQo37T SY 'YT7Yd 18n0fW d0 2490&11 3m 10 N078WOBOS IlU d0 ITT.! i ONY 7 SLOT 30 Lay .W71 :SAmod ST HOx3A EAt Ae 038RfWSO OSIY 0) O !ISM w) B ai v I SU 1Vd V0O1{ AINnOJ I31TN NV10N7 NI 2N138 QNY ONLS7 MON SONV7 (WS VOfN073 .,LNnOJ 37301 1S 30 SQl0?3! 0170775 3HL 30 '61 30Vd IV L X008 1V7d Nf 030!5003!7 SY ')PJVd 15ff0nw 30 319153 301 .1 NOISNIQBnS 3HL JO NOTL4Od V ONL78 5107 QFVS 30383141 0NINIYIN3ddV S1HOld NVR.Vd81 3X1 30 77V I-O.T1I !31113901 'ONJNNI33B 30 1NA7d 3141 01 15311 NnT 30X371 $ 107 30 3N17 N1270N Ski 0! ?13/110 NVION! 3HI ONO1V H! 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