PUBLIC DOCK PROJECT AGREEMENT - TO CREATE PUBLIC DOCK FOR USE BY THE GENERAL PUBLICDRAFT - 2/24/2005 1
1
PUBLIC DOCK PROJECT AGREEMENT
This Public Dock Project Agreement, entered into this/ day of
, 2005, between the CITY OF CLEARWATER, FLORIDA, a
municipa fi. rporation of the State of Florida, whose address is P.O. Box 4748,
Clearwater, Florida 33758 -4748, ( "City "), and ISLAND WAY GRILL, INC., a
corporation of the State of Florida, whose address is 20 Island Way, Clearwater,
Florida 33767, ( "Upland Property Owner" or "Owner") (each being referred to
individually herein as "Party" and collectively as the "Parties ").
WITNESSETH:
WHEREAS, through a 1925 conveyance out of the State of Florida, the
City is the owner of certain submerged lands (Exhibit "A ") adjacent to real
property owned by Upland Property Owner (Exhibit "B "); and
WHEREAS, City has determined it to be beneficial to create public boat
docks for use by the general public ( "Docks" or "Project "); and,
WHEREAS, Upland Property Owner has agreed to donate a floating dock
system to the City in order to provide access via watercraft to local businesses.
NOW THEREFORE, in consideration of the mutual covenants set forth
herein, and other good and valuable consideration, the receipt of which are
hereby acknowledged, the Parties mutually agree as follows:
1 Recitals. The foregoing recitals are true and correct and are
incorporated in and form a part of this Agreement.
2. Property Rights. The Project will be located on City -owned
submerged lands, which are adjacent to the Owner's upland property.
Upland Property Owner shall grant to City, of even date herewith, a
conditional riparian rights easement in the Upland Property, sufficient
for public use of the Docks as contemplated herein, and a conditional
sidewalk easement for ingress and egress by the public across the
Upland Property ( Exhibit "C ").
3. Conditions and Recording of Agreement. As provided for above,
Owner is granting a conditional easement for ingress and egress
across the Upland Property and a conditional easement for public use
of Upland Property riparian rights. Under the terms of the easement
agreements, either Party may terminate the easements if the Upland
Property is no longer used as a restaurant, or if title to the Upland
Property is transferred. The Parties hereto acknowledge and agree
that upon such termination by either Party, the City reserves the right,
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Page 2 - Public Dock Project Agreement
Parties: City of Clearwater & Island Way Grill, Inc.
in its sole discretion, to remove and relocate the Docks. In line with
same, this Agreement shall be recorded in the Public Records of
Pinellas County with the intent of providing notice to subsequent
purchasers of the Upland Property that the Docks are in fact public and
may be removed by the City should either condition precedent occur.
4. Public Dock Proiect Description. Project is a floating dock system
with a total dock area of approximately 2299 square feet, consisting of
nine boat slips, as more particularly described in Exhibit "D". Project
shall be designed in compliance with the Americans with Disabilities
Act.
5. Dock Permittina and Construction. Upland Property Owner shall
submit to City a design proposal for construction of the Docks. Owner
shall be solely responsible for all costs related to or resulting from the
design, permitting, construction and installation of the Docks, as well
as any and all costs associated with necessary environmental studies,
and any and all other costs resulting from completion of the Project.
The City shall not incur any costs related to the Project. Owner shall
obtain all necessary permits for the Project, including but not limited to
regulatory and governmental permits to be granted by the Department
of Environmental Protection, the Army Corps of Engineers, and the
Pinellas County Water and Navigation Control Authority. Owner
hereby represents that completion of the Project shall be in
accordance with said permits, including any general and special
conditions as well as signage requirements.
6. Donation of Docks. Upon completion and approval of the Project by
the appropriate regulatory authorities, Owner shall immediately donate
Project, via a Bill of Sale, to the City with all ownership interest and
rights pertaining thereto.
7. Dock Usaae. The Docks shall be available for public use only, on a
first-come, first-served basis. Docks shall be used for non-commercial
use only and under no circumstances shall the docks be used for bait
sales, vending, or overnight docking. Docks are subject to use
restrictions as provided for in all applicable governmental and
regulatory permits.
8. Maintenance and Insurance. City shall maintain and repair Docks in
accordance with City's maintenance and repair schedule for other
2
Page 3 - Public Dock Project Agreement
Parties: City of Clearwater & Island Way Grill, Inc.
similar facilities. City shall insure Docks through its self-insurance
program.
9. Attorney's Fees. In the event it shall be necessary for either party to
this Agreement to bring suit or commence arbitration to enforce any
provisions hereof or for damages on account of any breach of this
Agreement, the prevailing party, shall be entitled to recover from the
other party, damages and other relief granted and all costs and
expenses of such suit or arbitration and a reasonable attorney's fee as
set by the court or arbitrator.
10. Incorporation of Exhibits. All Exhibits referenced herein are hereby
incorporated into this Agreement.
11. Authority. The Parties each hereby represent that they have the legal
authority to enter into and execute this Agreement and to perform all of
the obligations and duties herein.
12. Governina Law. This Agreement shall be governed by and construed
in accordance with the Laws of the State of Florida.
13. Headinas. All sections and descriptive headings in this Agreement are
inserted for convenience only, and shall not affect the construction or
interpretation hereof.
14. Entire Aareement. This Agreement constitutes the entire agreement
of the parties with respect to the subject matter hereof, and may not be
modified or amended except by a written amendment executed by the
parties hereby bound.
15. Notices. All notices to be given pursuant to this Agreement shall be
deemed given upon receipt if sent by hand delivery, one (1) business
day after deposit during normal business hours in the facilities of an
express overnight courier, or three (3) business days after depositing
same with the U.S. Postal Service, certified mail, return receipt
requested to the following addresses:
As to Island Way Grill, Inc:
Mr. Frank V. Chivas
10395 Gulf Boulevard
Suite 103
Indian Shores, Florida 33785
3
Page 4 - Public Dock Project Agreement
Parties: City of Clearwater & Island Way Grill, Inc.
As to City:
Mr. William B. Horne II
City of Clearwater
112 S. Osceola Ave.
Clearwater, FL 33758
The foregoing addresses may be changed from time to time by either
party, by delivering written notice of such change to the other party in
accordance with the provisions hereof.
16. Invalid Provision. If any provision of this Agreement is held to be
illegal, invalid, or unenforceable under present or future laws, such
provision shall be fully severable; this Agreement shall be construed
and enforced as if such illegal, invalid or unenforceable provision had
never comprised a part of this Agreement, and the remaining
provisions of this Agreement shall remain in full force and effect and
shall not be affected by such illegal, invalid or unenforceable provision
or by its severance from this Agreement. This Agreement shall not be
construed more strongly against either party as the parties have
negotiated the terms of this Agreement.
17. Waiver. One or more waivers of any covenant or condition by the City
shall not be construed as a wavier of a subsequent breach of the same
covenant or condition and the consent or approval by the City to or of
any act by the Owner requiring the City's consent or approval shall not
be construed as a consent or approval to or of any subsequent similar
act by the Owner.
18. Observance of Laws. Owner agrees to observe, comply with all laws,
rules, requirements, orders, directives, codes, ordinances, and
regulations of any and all governmental authorities or agencies, of all
municipal departments, bureaus, boards and officials, of all County,
State and federal boards or agencies.
4
IN WITNESS ~REOF, the parties have placed their hands and seals this
~ dayo ~ ,2005.
Countersigned:
-1~K ~
Frank V. Hibbard '
Mayor
L(tu~ L,PDW SkI
Assis nt City Attorney
ISLAND WAY GRILL, INC.
~~.~
Frank R. Chivas, Presld T'--
CITY OF CLEARWATER, FLORIDA
B.;1Jfl~ ~--:v:
William B. Horne II
City Manager
STATE OF FLORIDA )
COUNTY OF PINELLAS )
)JljitlS0~90ing instrument was acknowledged before me this 4
day of~, 2005, by FRANK V. HIBBARD, Mayor of the City of Clearwater,
who is personally known to me.
/JMJa~
Print/Type Name:]) is - ~oJJ
Notary Public
o...tS'-y "'''<9(." Denise A. Wilson
: ~ c; Commission # 00296233
~'\- \).A Expires June 18, 2008
ClI" ~ IIOIIlItdTroy FIIin '1_, lno, 100....7019
5
Page 5 - Public Dock Project Agreement
Parties: City of Clearwater & Island Way Grill, Inc.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Ttw !qr~QQing instrument was acknowledged before me this if
day of .~, 12005, by WILLIAM B. HORNE II, City Manager of the City of
Clearwater, who is personally known to me.
~~~fSOiJ
Notary Public
~. Denlae A. WIlson
i ~ Commission # 00296233
, \)..4 Expires June 18, 2008
~ Of iJ'T.londtd TI01 p-," .111IWtl1tIl, lno. 8004111-1019
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EXHIBIT "A"
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EXHIBIT "B"
A portion of Lots 1, 2 and 4, LESS the West 50 feet of Lots 1 and 4, Block C, Unit 5,
ISLAND ESTATES OF CLEARWATER, according to the map or plat thereof as
recorded in Plat Book 51, Page 34, public records of Pinellas County, Florida.
DRAFT - 2/24/2005
EXHIBIT "e"
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
RE: Parcel No. 08-29-15-43380-003-0010
II
SIDEWALK EASEMENT
II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the
receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
ISLAND WAY GRILL, INC., a Florida corporation
10395 Gulf Boulevard, Suite 103, Indian Shores, FI. 33785 - 2001
("Grantor"), does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation ("Grantee"), an easement over, under and across the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit:
A portion of Lots 1, 2 and 4, LESS the West 50 feet of Lots 1 and 4, Block C, Unit 5,
ISLAND ESTATES OF CLEARWATER, according to the map or plat thereof as recorded in
Plat Book 51, Page 34, public records of Pinellas County, Florida, being more particularly
described as follows:
The South 6.0 feet of the East 210.0 feet of the aforementioned portion of Lot 1. Block C.
Unit 5. ISLAND ESTATES OF CLEARWATER as depicted in EXHIBIT "A" appended
hereto.
This easement is granted for installation and maintenance of a public sidewalk.
Either Party may terminate this easement if the subject property is no longer used for a
restaurant or if title to the property is transferred.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-
described premises and to construct, install and maintain thereon such sidewalk and to inspect
and alter same from time to time.
Grantor warrants and covenants with Grantee that it is the owner of the fee simple title
to the herein described easement premises, that Grantor has full right and lawful authority to
grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful
possession, use and enjoyment of this easement.
C:\DOCUME-1 \lIipowsk\LOCALS-1 \Temp\mwtemp550\ws72.tmp
DRAFT - 2/24/2005
It is expressly understood that Grantor reserves unto itself all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
This easement is binding upon the Grantor, the Grantee, their successors and assigns.
The rights granted herein shall be conditional and revocable in accordance with the conditions
as provided for herein, by the written mutual agreement of both parties, or by abandonment of
the easement premises by Grantee.
IN WITNESS W-VfREOF, the un
duly executed this ~6 day of
rsigned grantor has caused these presents to be
,2005.
ISLAND WAY GRILL, INC.
....-r::::: ',J '-
By: ~~k'e CrrutF/7
Frank R. Chivas, President
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this c:?) day
2005 b resident of Island Way Grill, Inc., a Florida corporation, w ,
ed th t on behalf of said corporation, and who acknowledged t e
act nd deed for the uses and purposes therein expressed.
i\U)\:;R:vll',"
~8Bm~~.sk~~ERliiftfs:
Notary Public, State of Florida
Mil wnr(." expo Dec. 12,2005
',I\mn \'~o. DO 075446
[~ersonally Known
[ ] Produced Identification
Type of Identification Produced
C:\DOCUME-1 \IIipowsk\LOCALS-1 \T emp\mwtemp550\ws 72.tmp
2
DRAFT - 2/24/2005
II
CONSENT & JOINDER
II
The undersigned Mortgagee, owner and holder of an equitable interest in the real property
described herein by virtue of that certain Mortgage and Note Modification and Renewal Agreement
("Agreement") dated May 17, 2004 as recorded in O. R. Book 13590, Pages 2482 - 2488, public
records of Pinellas County, Florida, referencing that certain mortgage and other instruments of security
of even date as recorded in O. R. Book 13589, Pages 2612 - 2619, public records of Pinellas County,
Florida; same Agreement also renewing and extending provisions of that certain Mortgage and Note
Modification, Future Advance and Consolidation Agreement dated August 16, 2002, as recorded in O.
R. Book 12183, Pages 2586 - 2592, Public Records of Pinellas County, Florida, and embodying all of
those outstanding mortgages and other instruments of security, future advances, prior modification and
consolidation agreements given in favor of said Mortgagee as recorded in O. R. Book 11033, Pages
1527 - 1533, 1543 - 1547, O. R. Book 11261, Pages 409 - 415, O. R. Book 11332, Pages 488 - 494,
O. R. Book 11398, Pages 86 - 90, all in the public records of Pinellas County, Florida; does hereby join
with Grantor and consents to the grant of easement as herein described, and subordinates all of its
right, title, interest and claim in the lien of aforesaid instruments to the easement conveyed herein.
COLONIAL BANK, N.A. f/kla PREMIER
COMMUNITY BANK OF FLORIDA, a Florida
~
~
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me thi&:.. day of ,
2005 by Brad McMurtrey, as Executive Vice President of COLONIAL BANK, N.A. flkl PREMIER
COMMUNITY BANK OF FLORIDA, mortgagee in the above-described liens, who executed said
instrumen ed the executi09l'thereof to be h i:S free act and deed for the uses and
R r s ther . , nd who [v] is personally known to me or who [ ] did provide
as identification.
f Florida
VICTORIA A. ALDERMAN
My Commission Expires:
C:\DOCUME-1 \IIipowsk\LOCALS-1 \ T emp\mwtemp550\ws 72. tmp
VICTORIA A. ALDERMAN
Notal)' Public, State ot Florida
My comm. expo Dec. 12, 2005
Comm. No. DO 075446
3
DRAFT - 2/24/2005
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
RE: Parcel No. tk-2i' - j;'; - '-/-2,3,ri).-t.'CJ::.}.f,'()lb
IRIPARIAN RIGHTS EASEMENl1
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand
paid to them, the receipt of which is hereby acknowledged, and the benefits to
be derived therefrom,
ISLAND WAY GRILL, INC., a Florida corporation
10395 Gulf Boulevard, Suite 103, Indian Shores, FI. 33785 - 2001
("Grantor") does hereby grant and convey to the CITY OF CLEARWATER,
FLORIDA, a Florida Municipal Corporation, ("Grantee"), an easement over and
across the following described land lying and being situate in the County of
Pinellas, State of Florida, to wit:
A portion of Lots 1, 2 and 4, LESS the West 50 feet of Lots 1 and 4, Block C, Unit 5,
ISLAND ESTATES OF CLEARWATER, according to the map or plat thereof as
recorded in Plat Book 51, Page 34, public records of Pinellas County, Florida.
This easement is granted specifically and exclusively for the purposes of
accommodating Public Boat Docks to be constructed and situated adjacent
to subject uplands, the use of which requires said riparian rights.
Grantor explicitly and unequivocally conveys to Grantee control and
interest in the riparian uplands adjacent to the project area and the
corresponding riparian rights necessary to utilize and maintain the Public
Dock Project. An easement for ingress and egress over Grantor's upland
property is being conveyed of even date herewith.
Either Party may terminate this easement if the subject property is no
longer used for a restaurant or if title to the property is transferred.
Grantor warrants and covenants with Grantee that Grantor is the owner of fee
simple title to the herein described easement premises, that Grantor has full right
and lawful authority to grant and convey this easement to Grantee, and that so
long as Grantee complies with provisions contained herein, Grantee shall have
quiet and peaceful possession, use and enjoyment of this easement.
DRAFT - 2/24/2005
It is expressly understood that Grantor reserves all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
This easement is binding upon the Grantor, the Grantee, their successors and
assigns. The rights granted herein shall be conditional and revocable in
accordance with the conditions as provided for herein, by the written mutual
agreement of both parties, or by abandonment of the easement premises by
Grantee.
IN WITNESS WHEREOF, the undersigned Grantor. has caused these
p~nts. to be duly executed this ~7JF day of
... ~.pr · 2005.
ISLAND WAY GRILL, INC.
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me thi~ day of
, 2005 by Frank R. Chivas, as President of Island Way Grill,
Corporation, who executed the foregoing instrument and
of to be her free act and deed for the uses and
Type/Prin ame
rv1 Personally Known
[ ] Produced Identification
Type of Identification Produced
My Commission Expires:
VICTORIA A. ALDERMAN
Notary Public, State ot Florida
My comm. expo Dec. 12, 2005
Comm. No. OD 075446
DRAFT - 2/24/2005
II
CONSENT & JOINDER
II
The undersigned Mortgagee, owner and holder of an equitable interest in the real property
described herein by virtue of that certain Mortgage and Note Modification and Renewal Agreement
("Agreement") dated May 17, 2004 as recorded in O. R. Book 13590, Pages 2482 - 2488, public
records of Pinellas County, Florida, referencing that certain mortgage and other instruments of security
of even date as recorded in O. R. Book 13589, Pages 2612 - 2619, public records of Pinellas County,
Florida; same Agreement also renewing and extending provisions of that certain Mortgage and Note
Modification, Future Advance and Consolidation Agreement dated August 16, 2002, as recorded in O.
R. Book 12183, Pages 2586 - 2592, Public Records of Pinellas County, Florida, and embodying all of
those outstanding mortgages and other instruments of security, future advances, prior modification and
consolidation agreements given in favor of said Mortgagee as recorded in O. R. Book 11033, Pages
1527-1533,1543-1547, O. R. Book 11261, Pages409-415, O. R. Book 11332, Pages 488-494,
O. R. Book 11398, Pages 86 - 90, all in the public records of Pinellas County, Florida; does hereby join
with Grantor and consents to the grant of easement as herein described, and subordinates all of its
right, title, interest and claim in the lien of aforesaid instruments to the easement conveyed herein.
Signed, sealed and delivered
in the pres e Q .
~ ess signature I
/ Janice A Ca v rt
rint Witness name
STATE OF FLORIDA
COLONIAL BANK, N.A. f/kla PREMIER
COMMUNITY BANK OF FLORIDA, a Florida
corpor~~C ../ .
7 -'-' /'
By: --..-.).<.......
Print Narrfe: Brad ~u-lrey
its: Executive Vic~sident
: ss
COUNTY OF PINELLAS :
The foregoing instrument was acknowledged before me thi~ day of - dJ liMA L. I ,
2005 by Brad McMurtrey, as Executive Vice President of COLONIAL BANK~ ~~~~REMIER
COMMUNITY BANK OF FLORIDA, mortgagee in the above-described liens, who executed said
instrumen nowe the execution)hereof to be h!SL free act and deed for the uses and
p a who [ A is personally known to me or who [ ] did provide
as identification.
v%'t 61RJr~ i~f\geR M~~res:
Notary Public, State of Florida
My comm. expo Dec. 12, 2005
Comm. No. DO 075446
EXHIBIT "n"
MULTI-USE/COMMERCIAL DOCK
Application #
(OFFICAL USE ONLY)
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WOODS CONSULTING
1714 CR1, SUITE 22
DUNEDIN, FLORIDA 34698
PH. (727) 786-5747 F.A.X (727) 786-7479
PROPOSED DOCK
ISLAND ESTATES PUBLIC DOCKS
....fl.fVATA7N$ &"fZI\"fl\ot::'E N6n7-7.92.9
SHOREIJNE
TOTAL SQUARE FEET 1199
WATERWAY \Ii1DTH +00':1:
WATERFRONT \Ii1DTH 229.0'
MHW +1.3" MLW -0,5'
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ISLAND EsrA rES PUBLIC DOCi<:S
WOODS
CONSULTING
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EXHIBIT "D"
Narrative
A floating dock system consisting of a main dock and five fingers providing nine boat
slips, one of which is ADA compatible. Two ingress/egress methods are provided: a
single ramp for non-ADA individuals and a two-ramp (double-back) for ADA individuals.
Access to the mooring facility is via a concrete sidewalk that connects the mooring
facility to the City sidewalk adjacent to the Island Way Grill restaurant.