HomeMy WebLinkAbout2008-3513 ri,50
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( This Instrument Prepared By:
Rebecca Stallworth
Recurring Revenue Section
Bureau of Public Land Administration
V 3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
1962945
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY FL
BK: 2307 PG:2253, Pagel of 16
12/10/2008 at 09:17 AM,
JEFFREY K BARTON, CLERK OF COURT
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE
MODIFICATION TO CONVERT TO FEE WAIVED LEASE, REFLECT CHANGE
IN OWNERSHIP, CHANGE DESCRIPTION OF USE AND REDUCE SQUARE FOOTAGE
BOT FILE NO. 310008014
THIS LEASE is hereby issued by the Board of Trustees of the Intemal 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 31,
Township 30 South, Range 39 East, in the Indian River,
Indian River County, 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 May 1. 2008, the effective date of this modified
lease, through July 25, 2011, the expiration date of this modified lease. The terms and conditions on and for which this lease is
granted are as follows:
I. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3 -slip docking facility with a non -water
dependent historical fishhouse/shed, exclusively to be used for mooring of recreational vessels and commercial vessels for
demonstration purooses only 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
local authority, whichever entity applies the more stringent criteria, 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 and as conditioned by the State of Florida Department of Environmental Protection,
Environmental Resource Permit. 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 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 18-21.011(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.
[02/291
6�*OCOUNTYATTORNEY'S OFFICE
INDIAN RIVER COUNTY
1801 27th Street
Vera Beach, Florida 32960
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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.
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 PROPERTY• During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be
terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in
the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the
existence of this lease and all its terns 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.
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. INDEMNIFICATIONANVESTIGATION OF ALL CLAIMS,• The Lessee shall investigate all claims of every
nature at its expense. Each parry 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.
Page L of 15 Pages
Sovereignty Submerged Lands Lease No. 31 014
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, it
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, or fails or refuses to comply with the provisions
and conditions herein set forth within 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 Lessee. If canceled, all of the above-described parcel of land shall revert to the
Lessor. All costs and attomeys' 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
C/O Roland DeBlois
Chief Environmental and Code Enforcement
180127'a 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.
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.
Page 3 of 15 Pages
Sovereignty Submerged Lands Lease No. 31 08014
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 riparian upland property more specifically described in Attachment B, which shall run with
the title to said riparian upland property, and shall be binding upon Lessee and 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
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: 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 in the riparian upland property 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.
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.
Page 4 of 15 Pages
Sovereignty Submerged Lands Lease No. 310008014
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 CONDITIONS:
A. 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 the structure is destroyed or if use of the structure has been discontinued and 50 percent or
more of the structure must be replaced in order to restore the structure to a safely useable condition unless authorized by the
Lessor. 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 by the Lessor.
B. Within 30 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, or 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 15 Pages .
Sovereignty Submerged Lands Lease No. 310008014
BY:
BOARD OF TRUSTEES OF THE
IMPROVEMENT TRUST FUND
OF FL?RIDA
Jeffery MC'Gentrb, Operations and Manai4mej
Manager, Bureau of Public Land Administratii
Division of State Lands, State of Florida Depai
Environmental Protection, as agent for and on'
of Trustees of the Internal Improvement Trust
of Florida
STATE OF FLORIDA "LESSOR"
COUNTY OF LEON
9,12 I
The foregoing instrument was acknowledged before me this day of `+ ®✓enbh , 20by
Jeffery_ M. Gentry Operations and Management Consultant Manager. Bureau of Public Land Administration Division of State
T ...d.. "_ n.. . . � _ _
1r
Original
r6LAt t> M. beW_,pls
Typed/Printed Name of Witness
Attest: J.K. Barton, Clerk by
Printed Name
STATEOF Florida
He is
State bf Florida
Printed, Typed or
My Commission
CommissiondSerial
Kathy C Griffin -
My Commission D0727692
Expires 10/30/2011
Indian River County, Florida (SEAL)
by its B d of Co ty Commissioners
,.
,srd
Origins Signature of Executing A`tt
Wesley S. Davis, Vice �L itmur 4 ` f
Typed/Printed Name of
Title
ut11lthor►ty; ty,
4
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i 771
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CID C,
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Approved as to form and legal su'�fidie}yf,
COUNTY OF Indian River Marian E. Fellsistant County Attorney
The foregoing instrument was acknowledged before me this V dayofAift4tn 20 't by
Wesley S. Davis, Vice -Chairman and on behalf of a Bo Coun Commissioners of Indian River Coun Florida. i+k is
personally (mown to me erwl:eteed N as identificaftsn. /
Page _�L of 15 Pages
Sovereignty Submerged Land Lease No. 310008014
.
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All
AL)
;
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A.
9,12 I
The foregoing instrument was acknowledged before me this day of `+ ®✓enbh , 20by
Jeffery_ M. Gentry Operations and Management Consultant Manager. Bureau of Public Land Administration Division of State
T ...d.. "_ n.. . . � _ _
1r
Original
r6LAt t> M. beW_,pls
Typed/Printed Name of Witness
Attest: J.K. Barton, Clerk by
Printed Name
STATEOF Florida
He is
State bf Florida
Printed, Typed or
My Commission
CommissiondSerial
Kathy C Griffin -
My Commission D0727692
Expires 10/30/2011
Indian River County, Florida (SEAL)
by its B d of Co ty Commissioners
,.
,srd
Origins Signature of Executing A`tt
Wesley S. Davis, Vice �L itmur 4 ` f
Typed/Printed Name of
Title
ut11lthor►ty; ty,
4
c � ✓ F 1 s
i 771
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r y a uxF1't4e '
CID C,
II
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Approved as to form and legal su'�fidie}yf,
COUNTY OF Indian River Marian E. Fellsistant County Attorney
The foregoing instrument was acknowledged before me this V dayofAift4tn 20 't by
Wesley S. Davis, Vice -Chairman and on behalf of a Bo Coun Commissioners of Indian River Coun Florida. i+k is
personally (mown to me erwl:eteed N as identificaftsn. /
Page _�L of 15 Pages
Sovereignty Submerged Land Lease No. 310008014
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Page 7 of 16 Pages
SSLL No. 310008014
Attachment A
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SHORELINE CONDITION
SUBMERGED LANDS LEASE
A PART OF AUGUST PARK SUBDIVISION,
SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA
m m m NOT TO SCALE
"THIS IS A FIELD SURVEY"
CARTER ASSOCIATES, INC
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21ST STREET 772-582-4181TEL
VERO BEACH, FLORIDA 32960-3472 772-562-7180 (FAX;
Attachment A
Page 8 of 16 Pages
SSLL No. 310008014
Serving Florida
Since 1811
PROJ#O7-2685
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DATE: 4/09/07 SHEET 1 OF 4
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VERO BEACH, FLORIDA 32960-3472 772-562-7180 (FAX;
Attachment A
Page 8 of 16 Pages
SSLL No. 310008014
Serving Florida
Since 1811
PROJ#O7-2685
BY: DLC D1►G#18284-A1
DATE: 4/09/07 SHEET 1 OF 4
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SKETCH OF DESCRIPTION SUBMEMED LANDS LEASE
A PART OF AUGUST PARK SUBDIVISION,
SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA
'Ib PROPOM PROPOSED
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CONSULTING ENGINEERS AND LAND SURVEYORS
I708 21ST STREET 772-882-4191 TEL
VERO BEACH, FLORIDA 32980-3472 772-882-7180 (FAXJ
Attachment A
Page 9 of 16 Pages
SSLL No. 310008014
DATE:
LINE TABLE
LINE
LENGTH
BEARING
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11.15
'S4 5 -59-41-F
L2
7.37
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CONSULTING ENGINEERS AND LAND SURVEYORS
I708 21ST STREET 772-882-4191 TEL
VERO BEACH, FLORIDA 32980-3472 772-882-7180 (FAXJ
Attachment A
Page 9 of 16 Pages
SSLL No. 310008014
DATE:
LINE TABLE
LINE
LENGTH
BEARING
LI
11.15
'S4 5 -59-41-F
L2
7.37
SW20'16"E
L3
6.03
67' '{
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Serving Florida
Since 1911
D11G/18284—A1
SHEET 2 OF 4
SKETCH OF DESCRIPTION / SUBMERGED LANDS LEASE
A PART OF AUGUST PARK SUBDIVISION,
SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST,
DESCRIPTION OF PROPOSED LEASE AREA: INDIAN RIVER COUNTY FLORIDA
PARCEL LYING AND SITUATED EASTERLY OF •AUGUST PARK• SUBDIVISION, N 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 NOA) AND THE EASTERLY
EXTENSION OF THE NORTH LINE OF LOT 2 OF SUBDIVISION OF AUGUST PARK SUBDIVISION, A9 RECORDED N PLAT BOOK 1, PACE 19, St. LUCIE COUNTY, FLORIDA;
RUN SOUTH 2636'35" EAST ALONG THE SAID EAST RICHT-OF-WAY OF MAN RIVER DRIVE A DISTANCE OF 40.97 FEET; THENCE RUN NORTH 0212'27• EAST A 0137ANCE
OF 76.41 FEET TO THE MEAN HIGH WATER LINE OF THE WEST BANKS OF THE INDIAN RIVER LAGOON ASITPRESENTLY EXISTS AND PONT OF BEGNNNf; FROM SAID PONT
OF BEGINNING CON71NUE NORTH 6212'23' EAST A DISTANCE OF 57.77 FEET; THENCE RUN NORTH 26'33069' WEST A DISTANCE OF 21.23 FEET; THENCE RUN NORTH
6214149• EAST A DISTANCE OF 39.04 FEET, THENCE RUN NORTH 27'43'11• WEST A DISTANCE OF 11.30 FEET; TNENCE RUN NORTH 6230'39 EAST A DISTANCE OF 36.97
FEET; THENCE RUN SOUTH 207)4.25" EAST A DISTANCE OF 42.44 FEET: RIENCE RUN SOUTH 613Y32• WEST A DISTANCE OF 31.51 FEET: THENCE RUN NORTH 26'26'200
WEST A DISTANCE OF 3.37 FEET; THENCE RUN SOUTH 612745" 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 54.0716• WEST ALONG SAID MEAN HIGH WATER UNE A DISTANCE OF 10.25 FEET TO THE PONT OF BEGINNING.
CONTAINING: 3,540.30 SO.F7. OR 0.05 ACRES MORE OR LESS. '
UESCRIPTEOISLOF PREEMPTED AREA (NM-WATFR DEPENDENT STRUCTURES):
PARCEL LYING AND SITUATED EASTERLY OF 'AUGUST PARK' SUBDIVISION, N 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 UNE OF LOT 2 OF SUBDIVISON OF AUGUST PARK SUBDIVISION, AS RECORDED N PLAT BOOK 1, PACE 19, SL LUPE COUNTY, FLORIDA;
RUN SOUTH 2836'35• EAST ALONG THE SAID EAST RIGHT-OF-WAY OF INDIAN RIVER DRIVE A DISTANCE OF 40.97 FEET; THENCE RUN NORTH 6212'23' EAST A DISTANCE
OF 76.41 FEET TO THE MEAN HIGH WATER UNE OF THE WEST BANKS OF THE INDIAN RIVER LAGOON AS IT PRESENTLY EXISTS; THENCE CONTINUE NORTH 6212'230 EAST A
DISTANCE OF 67.77 FEET TO THE PONT OF BEGINNING; FROM SAID PONT OF BEGINNING RUN NORTH 20.3Y59 WEST A DISTANCE OF 21.23 FEET; THENCE RUN NORTH
6214'490 EAST A DISTANCE OF 51.46 FEET, THENCE RUN SOUTH 28'33'440 EAST A DISTANCE OF 21.23 FEET; THENCE RUN SOUTH 621449' WEST A DISTANCE OF 51.40
FEET TO THE POINT OF BEGINNING.
CONTAINING: 1,091.55 SOFT. OR 0.03 ACRES MORE OR LESS.
PARCEL •10 (MUNICIPAL ADDRESS: 1740 INDIAN RIVEN DRIVE)
BEGINNING AT THE NORTH UNE OF LOT 2 OF SUBDIVISION OF AUGUST PARK ESTATE WHERE THE NEW DIXIE HIGHWAY CROSSES SAID UNE: THENCE ALONG SAID
HIGHWAY; SOUTH 50 FEET BEING EAST OF SAID HIGHWAY; THENCE EAST TO INDIAN RIVER; THENCE NORTH ALONG SAID RIVER TO NORTH UNE OF SAID ESTATE:
THENCE WEST TO A PONT OF BEGINNING. TOGETHER WITH RIPARIAN RIGHTS. SAME BEING 517UA70 N SECTION 31, TOWNSHIP 30 SOUTH, RANGE 30 EAST.
PARCEL •2•
THAT PART OF LOT 1, PLAT OF THE SUBDIVISION OF LAND OF THE ESTATE OF AUGUST PARK, AS RECORDED IN PUT BOOK 1, PAGE 19. ST. LUCIE COUNTY, FLORIDA
RECORDS NOW LYING AND BEND IN INDIAN RIVER COUNTY, FLORIDA, BEND MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF
THE SOUTH LINE OF SAID LOT 1 AND THE EAST RIGHT-OF-WAY OF CLD U.& HIGHWAY N0. 1, THENCE RUN EAST ALONG SAID SOUTH UNE A DISTANCE OF 18.00
FEET; THENCE AN INTERIOR ANGLE OF 15315000' RUN NORTHEASTERLY A DISTANCE OF 33.00 FEET MORE OR LESS 70 THE WEST SHORE OF THE INDIAN RIVER
AND PONT OF BEGINNING; THENCE RETRACING LAST MENTIONED COURSES RUN SOUTHWESTERLY A DISTANCE OF 33.00 FEET; THENCE ON AN INTERIOR ANGLE OF
15316'00• FROM NORTHEASTERLY TO WEST RUN A DISTANCE OF 18.00 FEET TO THE SND EAST RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1; THENCE RUN
NORTHWESTERLY ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 20.00 FEET; THENCE ON AN ANGLE, FROM SOUTH TO EAST OF 90'42'00' RUN NORTHEASTERLY A
DISTANCE OF 37.35 FEET 70 THE SAID WEST SHORE OF THE INDIAN RIVER; THENCE MEANDENNO SOUTHEASTERLY ALONG SAN WEST SHORE TO THE POINT OF
BEGINNING.
(AS PER OFFICIAL RECORD BOOK 843, P% 0.238. INDIAN RIVER C0., FL)
UPLANDS CONTAINING 4,653.25 S.f. OR 0.11 ACRE& (0)
SURVEYORS NOT&
1. UNLESS IT SEARS THE SPURTURE AND THE NIO ML BARED SEAL OF A FLORIDA LICENSED SURVEYOR MD MAPPER THIS NAMM SKETCH, PUT OR MM M FOR INFORMATION& PURPOSES ONLY AND IS NOT
VALID.
2. LANDS SHORN HEREON MERE NOT ABSTRACTED OR RESEARCHED BY MIS OFFICE FOR RONTS-OF-MAY, EXPONENTS OF PEDND, RESEAVATIONS, OWNERSHIP, MAMONIEN7& SEED RESTRICTIONS, ZONIND
REONAIIONS OR SETBACK UNES, LAND USE PLAN DEWNAROI, AOONNO OEEDS OR MURPHY ACI DEEDS, THIS SURVEY IS NOT INTENDED TO OEUNEATE AETANDS, LOCAL AREAS OF CONCERN NI ANY 07 KA
AAMSDICTRRN. DEWRMINATOL
1 THIS DESL 71011 AND SKETOH CON PSIS O 4 WIEETS AND ONE IS NOT VAUD WITHOUT THE OTHER.
4. MS MINT OVER MOT INTEND 10 REfUCT OR OERIUANE OWNERSHIP.
S. THIS K A FIELD SURVEY. TMS BOUNDARY SURVEY WAS PERFORMED TO NUNEATE HITS O PARCEL BOUNDARY AND PROPOSED SIIBMEROED LANDS LEASE AND RIPARIAN RORTL NO YIELD OBSERVATIONS WERE
MADE 70 DELINEATE SAD DESCRIPI .
6. IRMW WTUM MD HORIZOHTK COORDNUTE VALUES ME BASED UPON THE NORTH ARG OATW W INS, ADAATTENf OF 12M DAD51/N). AND MDIECIEO N TIM STATE FWIE CONIPNATE STERN.
FLORIN EAST ZONE, 0901.
7. ALL ELEVATIONS SHOWN HEREON ARE BASED ON THE HEATH AMERICAN VERTICAL DATUM W ISN (NAV.D. 1NB).
BENCHMARK: WC IN CONCRETE MONUMENT 97MKO -OPS 150 LOW. ELEVATION . 4.37 (N.AVD .HN)
7.9.IL: 5/B•P "IBM WITH CAF STMPfD •TRAV. UMOS, LYING IBM FEET SOUTHWEST Of THE NORTHEAST 1000111111 W LOT L AUGUST PARK SUBDIVISION AND IAB FEET SOUTHWEST OF THE MY
RIW7-DF-MAY OF NPM RIVER HUK. EIEW.4.611 FEET (N.AV.D. •N)
L) .
08
LEGEND "THIS IS A FIELD SURVEY"
`o 0126 DIAMETER THIS SURVEY IS CERTIFIED TO
S.C.O. SURVEY CONTROL ONLY
o KRB' P.O.B. POINT OF BEGINNING THE CONSERVATION FUND '.•yC='''
1 BOARD K lAVS1EE5 OF THE INTERNAL IMPROVEMENT iR119W�,I�JBYOF .744E STATE O' FORIDA
_M g R.O.W. RIGHT OF WAY NOME RIVER COUNTY :,C' X11"-+IYr'"? Joao
_36r (D) DESCRIPTION CALL °Y 8.4yoc4R••�P-
9�E -coNE� (0) OBSERVED DATA .� ,5"0 • +, o
• •rj� ID. IDENTIFICATION NUMBER • ••S�' U)u,
ss?n }2.48 NATURAL GROUND ELEVATION U ° U ; !` W•;�
AOo o, P.O.C. POINT OF COMMENCEMENT • !r '?
zas • N.G.V.D. NATIONAL GEODETIC VERTICAL. DATUM •FRANK & CUc R SE, P.&M. R' RygNATI1gE dATEi
n`r5o EL. ELEVATION FLORIDA REOIS TION NO. 4765 �!� , •o'�. -�• Ul ; •�
�n^p1 FIRE HYDRANT 69,'INC. L& 205" .4 �i ` +F+` L3
0o I y ••MW•• rZ ..
ID.# IDENTIFICATION NUMBER
I I I> • DESIGNATED B' PILING . • . .H}:
°^° a0 A T Servik ` I idaxA'*.*A
rw CARTER ASSOCIATES, INC. Since"i9 3
CONSULTING ENGINEERS AND LAND SURVEYORS
PROJ/07-2895
1708 21ST STREET 772-682-4191 TEL BY: DLC/FSC DWG#18284-A1
VERO BEACH, FLORIDA 32980-3472 772-662-7180 FAX DATE: 4/09/07 SHEET 4 OF 4
Attachment A
Page 10 of 16 Pages
SSLL No. 310008014
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 2605635" 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 6212'23"
EAST A DISTANCE OF 87.77 FEET; THENCE RUN NORTH 28°33'59" WEST A
DISTANCE OF 21.23, FEET; THENCE RUN NORTH 62014'49" EAST A DISTANCE
OF 39.94 FEET; THENCE RUN NORTH 27°45'11" WEST. A DISTANCE OF 11.30
FEET; THENCE RUN NORTH 62150'39" EAST A DISTANCE OF 38.97 FEET;
THENCE RUN SOUTH 28004'25" EAST A DISTANCE OF 42.44 FEET; THENCE
RUN SOUTH 61033'32" WEST A DISTANCE OF 31.51 FEET; THENCE RUN
NORTH 2802628" WEST A DISTANCE OF 3.37 FEET; THENCE RUN SOUTH
61023'45" 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°07'16" 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,
Attachment A
Page 11 of 16 Pages
SSLL No. 310008014
A PART OF AUGUST PARK SUBDIVISION,
SECTION 31, 'TOWNSHIP 30 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA
4 ,1'OQT
9
ISTING 28.6'
REMAIN.
an River
lorida) �\
W
t
N
m ^39.8'
Z ,T
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Ir N2r4,WiiV�
39.5'
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d All
8 rye $� D�
ffz 2g�poo
isa�
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is
42.44'
PROPOSED PROPOSED
6' "DEI"
W X 20't L
FRAME WALKC3,90AT SLIPS (TYPICAL)
rRACOASTALAY AS MEASURED
obw 21.23 "
N28433'59OW
a�.•rt r amwl �i`rr awdiy asrrs1 0 m1w a%"
PA
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"HISTORICAL RESTORATION" ra
POTENTIAL PUBLIC ACCESS W
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AttachmentA 0 WALL\
.page 12 of 16 014 `-
SSLL 0•
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F
N
3
INDIAN RIVER LAGOON
• THESE EXISTING 9
MOORING PILES TO BE
REMOVED.
,� • (as per Indian River
County, Florida)
10.3'
n
I e
J vC
rai q e 2q
z ���� •ii y'�
low
W #
7'"�Q�
cryy
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FLOOD ZONE "AE"
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FLO"M ZONE "AE"
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a'm
as:
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za
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81
i
76'
ORIGINAL PLA
OF "AUGUST
r"
k C7
4e �w4e
1
r
e ... REVISED: 5-18-07 TEXT REV. 10-19-07 legol.,}rd COMM'TS, DEP, FSC.
M c REV. 6-21-07 ADDRESS MISC., COMM'TS, DEP, FSC.
XC OREV. 7-27-07 ADDRESS MISC., 2ndCDMM'TS, DEP, FSC.
n REV. 9-11-07 CONT.ADDRESS MISC.,2nd COMM'TS, DEP, FSC.
WIM z
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106
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Attachment A
Page 13 of 16 Pages
SSLL No. 310008014
A
PREPARED BY AND RETURN TO:
MARTIN S. AWERBACH, ESQ.
AWERBACH & COHN, P.A.
2600 McCORMICK DRIVE
SUITE 100
CLEARWATER, FL 33759
(727)725-3227
1612778
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
BK: 2122 PG:24149 Pagel of 3
01/11/2007 at 02:87 PM,
D DOCTAX PD $8280.00
JEFFREY K BARTON, CLERK OF
COURT
FILE NO. 4056
(Space Above This Line for Recording Data)
THIS WARRANTY DEED made this -I 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 251' 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.
Attachment B
Page 14 of 16 Pages
SSLL No. 310008014
Signed, sealed and delivered in the presence of:
Witness 1:
VIOLA S. JUDAIt
THE FOREGOING INSTRUMENT was ac Wowledged before me on this -( NG 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 2:
sign e
ont V7117 A, W
E OF FLORMA�!
MY,
_ � � .
r • - r r
THE FOREGOING INSTRUMENT was acknowledged before me on this day
of January, 0/07, by Ja es C. Judah who is (_) personally known to me or who
yitim4e for identification.
,pi,plpy Public
My commission WONNED FE 10
Page 2 of 3 Still a, dC
fm
u 11
11
Attachment B
Page 15 of 16 Pages
SSLL No. 310008014
Exhibit "All
PARCEL i
THAT PMT OF LOT 7, PLAT OF THE SUBDIVISION OF THE ESTATE OF AUGUST PARK AS RECORDED IN PLAT HOOK 7 AT
PACE 19, OF THE PUBLIC RECORDS Of Sr, LUCIE COUNTY, FLORIDA NOW LYING AND BONG IN INDIAN RIVER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLONS:
COMMENCING AT THE INTERSECTION OF THE SOUTH UNE OF SAD LOT 1 AND THE EAST RIGHT OF WAY LINE OF OLD U.S,
HIGHWAY NO. 1: THENCE RUN EAST ALONG SAID SOUTH LINE A DISTANCE OF,1B4O FEET. THENCE AN INTERIOR ANGLE OF
15376'00: RUN NORTHEASTERLY A DISTANCE OF 33 FEET MORE OR LESS TO THE NEST SHORE OF THE INDIAN RIVER AND
POINT OF SEOINNM' THENCE RETRACING LAST MENTIONED COURSES RUN 59VTHRESTERLY A DISTANCE OF J3 FEETr' THENCE
ON AN INTERIOR ANGLE OF 16"76'00' FROM NORTHEASTERLY TO WEST RUN A INSTANCE OF 76 FEET TO SAID EAST RIGHT
OF WAY OF U.S. HIGHWAY NO, 7; THENCE RUN NORTHNESTERLY ALONG SAID EAST RIGHT OF WAY UNE A DISTANCE OF 20,0
FEEL THENCE ON AN ANGLE FROM SOUTH TO EAST OF 90012'DO' RUN NORTHEASTERLY A DISTANCE OF J7.35 FEET TO SAID
NEST SHORE OF THE ININAN RIVER/ THENCE MEAIJIERING SOUTHEASTERLY ALONG SAID NEST SHORE TD THE POINT OF
BEGINNING
PARCEL 2
BEGIN ON THE NORTH LINE OF SAD LOT t WERE THE EAST LINE OF THE NEW D1111E HIGHWAY CROSSES SALT UNF THENCE
RUN SOUTH ALONG SNO HIGHWAY 50 FEET. THENCE RUN EAST TO THE INDIAN RIVER; THENCE RUN NORTH ALONG THE
INDIAN RIVER TO THE NORTH LINE OF LOT $ THENCE RUIN NEST TO THE POINT OF BEGINNING TOGETHER WITH ALL OF THE
RIPARIAN RIGHTS APPERTAINING THEREOF SAID LOTS BEING A PORTION OF THE SUBDHWSION OF THE ESTATE OF AUGUST
PARK, AS RECORDED IN PLAT BOOK T AT PAGE IB, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY. FLORIDA SAID LANDS
NOW LYING AND BONG IN INDIAN RIVER COUNTY, FLORIDA.
PAROW 1 AND 2 (combing
::v r r : ' . • . r: . • • r
7HAr PART or LOTS 1 AND xv PLAT or TBs sUBDImam OF 7VK ASrATK OF AUGUST PARE As Pico1wrD im PLAT
BEGIN ON TRI NORTH LINC OF
it / I !♦L ,,I r IM; rGl A Ir J. I I Ir
t rr :. 11 .P 16 M f 1 f .f'I • '.I /IN f 'I
a pill,
1 .1. 1 I' f _ .I. M, t 1. i I•I'' I '1. •f
II 1 1' 1 I .Y; 1''� �( I IY.• 1 'I 11 r '
'rl •I• JY 1 f
Page 3 of 3
Attachment B
Page 16 of 16 Pages
SSLL No. 310008014