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Letter to Louise Barrett from Theus J. Sheil, Esq.i1._ , ~+ ~ ~ ~ ~ 1 !~ ( ~ LAW OFFICES y BR1"1TC)N, ~ Cp11EN, GASSY 1., ICAL'I'MAN chi ~~-1TANT"L, ~~' A' A PROFESSIONAL ASSOCIATION CARMEN A. ACCORDING 800 SOUTHEAST BANK BUILDING MARC LIPSITZ MICHAEL H. LUBIN MILADY S. BLOOM 100 SOUTH BISCAYNE BOULEVARD RAYMOND V. MILLER MYRNA D. BRICKER JOHN L. BRI7TON D1iAIri 1, j"1-vi?IDA `_i `3131 ANDREW J. NIERENBERG J. ROBERT OLIAN GARY BROOKMYER (305) 371-3100 ALFONSO J. PEREZ, JR. JAMES 5. CASSEL MARWIN 8. CASSEL FROM BROWARD (305) 523-6611 FRANCISCO R. RO DRIGUEZ LAWRENCE M. SCHANTZ JAMES COHEN TELECO PY NUMBER MIAMI: MARINA SHANK-KLEIN MARK D. COHEN STEVEN W. OEUTSCH (305) 371-3100 TH EUS J. SHEIL STUART R. SILVER ELAINE E. FELDMAN FRANK J. SINAG RA DIANE D. FERRARO MICHAEL A. SLIVKA DEAN M. FREITAG DAVID SOFGE PAUL D. FRIEDMAN VALERIE A. STOTT STEVEN H. FRIEDMAN 100 NORTH BISCAYNE REPLY ANDREW V. TRAMONT, JR. BETH GREEN FIE LD-HANDLER TO: DIANE M. VAN NEBS GRACE M. GO NZALEZ SCOTT wEISBURD W. JOHN GUNDLACH, JR. FILE NO: JAMES T. HALEY OF COUNSEL KAREN KANTNER NARVEY RUVIN, P. A. EDWARD A. KAUFMAN JOHN T. KINSEY December 5, 1983 ~~~~~~~ ~~ CITY G~ ~ DEPT. 3y M. Louise Barrett Assistant City Attorney City of Miami Beach P.O. Bin 190000 Miami Beach, Florida 33119 ~QE~'+. a `~~ -~ ~ e+a3 Re: Miami Beach Marina Dear Pds. Barrett Pursuant to your letter closed herewith is a photocopy of re~,rard to the captioned property under Clerk's File No. 838317117 Page 1143, Public Records of Dade dated August 22, 1983, en- the Short-Form Lease with recorded November 9, 1983,. in Official Records Book 11963, County, Florida. Please contact me if you have any questions or require any additional documentation. 'ncerely, . -~~~2~z-Q-~c- ~. THEUS J. SHEIL for the Firm /jl Enclosure t~ r°_~~'~ ~-'~y. c~ - i C~J C. ; - c ~J ~~ m c.-~ c7 f~T T i~Tl ,• ~ C7 ,~ _ -. _~ -~l C NEW WORLD TOWER, SUITE 1011 100 NORTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33132 (3C SJ 371-1400 CITIZENS BUILDING, SUITE 701 105 SOUTH NARCISSUS AVENUE WEST PALM BEACH, FLORIDA 33401 (305) 659-4331 SUITE 100, 500 5. E. SIXTH STREET FORT LAUDERDALE, FLORIDA 33301 (3051 463-8537 B39 NC RTHWEST 119 T" STREET - NORTH MIAMI, FLORIDA 33168 (305) 688-9652 .. ~ •D-99 ~r0585-3.1) SHORT-FORM LEASE RNOW ALL MEN BY THESE PRESENTS: THAT the CITY OF MIAMI BEACH, a municipal corporation, of the State of Florida, in consideration of ONE DOLLAR and all other good and valuable considerations, hereby demises, leases and lets unto GARNER-MASON ASSOCIATES, LTD., a Florida Limited Partnership, with its offices at 300 Alton Road, Miami Beach, Florida 33139, as Lessee, the following-described premises, situate, lying and being in the County of Dade, State of Florida, to-wit: Lessor's entire interest in and to that certain Lease Agreement dated June 24, 1983, between the CITY OF MIAMI BEACH, FLORIDA; as Lessor, and GARNER-MASON ASSOCIATES, LTD., a Florida Limited Partnership, as Lessee, together with Lessor's interest in and to the real property and the rights to adjacent submerged lands covered by said Lease, together with all rights contained therein and thereon, (all of the foregoing hereinafter called "Mortgage Property" or "Property") , which real property and submerged lands are described in Exhibits "A" and "B" attached hereto and made a part hereof; together with the improvements situated thereon for an initial term of thirty (30) years commencing July 15, 1983, together with three ten-year renewal options. This Lease is subject to all the conditions, terms and•pro- visions of Lease Agreement of even date between the parties hereto, which Agreement is hereby adopted and made a part hereof by reference, to the same extent as if all the provisions thereof were copied in full herein. IN WITNESS WHEREOF, the parties, by and through their duly authorized representatives, have executed this Lease in their respective names, this ~ day of ~~y,~T ~~„ 1983. Signed, sealed & delivered in the presence of ~,q ~ j "CITY" ~ •~• CITY OF MIAMI BEACH, ~:'-, ~ ~ ~;' ~;'•. ._ , ~ ~, _...,.~ c"S „ A Municipal Corporation\~~ r,,: ;<. ,• ~._~ ,~ f~' ' '~ .. `, _ ~ ,; MAYOR.___ ~~- ~ - err ---~. ; Attest : ~ ~~~ l~ ~~,C ~~ llf/ ~.i.~-~--~; ~ . CITY CLERK The i~tiami Beach Redevelopment Agency hereby approves this Lease Agreement insofar as the Agency, as a separate and distinct entity, is affected or obligated by the terms thereof and insofar as the A9ency has regulatory control of the Marina Site pursuant to the provisions of the Community Redevelopment Act and/or certain licenses and permits which may be held by said Agency for the construction, development and operation of the Marina. C ~.. CASSEL S CASSE L, P A NEW ti'O RLD TOWER, InQ NORTN l31S CAVNE bOULE\'A RD, MIA M1, FLA. 73132 #5 371-1400 -^/ `~ ~9a3 n0~d -° ~~ 9~ s9 8 3 R 3 1 7 1 1 l Th's Instrument Prepared ey: MARWIN S. C.ASStL, ES4. ~ BRITTON. COHEN, Cl:S3EL, P~ti. I l 963 ~c~l~ 14.3 t<AUFt~iAN & SCI-4ANTZ, P.A. 100 N. Biscayne Blvd., Suite 1011 Miami, Florida 33132 ' •J ~ t; ~~~ • •~,, A ~~,, ~~' ~ S~6NAT~3,'RES CONTINUED ~ .y ~ ~• O v r*~ _ ~ _ e-,+ _ ~ ~, ATTESTS r-T ' .., SECRETARY STATE OF FLORIDA MIAMI BEACH REDEVELOPMENT AGENCY (AGENCY) BY • -- _ ~~___ CHAIRMAN )SS: COUNTY OF DADS ) On this ~; ~~ day of ,r.y^~ , 1983, before me came Norman Ciment an~ Elaine Matthew~me known who bein b me 9 Y duly sworn, did depose and say that they are Chairman and Secretary, respectively of the Miami Beach Redevelopment Agency, which is a public agency organized and existing by virtue of the Community Development Act of 1969, Chapter 163 Florida Statutes, and which approved the foregoing instrument; that they know that the Agency duly approved the foregoing instrument by virtue of Resolution No. 14-83 ~. a copy of which is attached hereto. U ~ ~Ee ~ ' ? ~r! ~. J -..y f1 '^y Mp,: ;co"m;niss ion expires: r,,a. :~ NOlA~Y, ~UBLIa SPATE OF FLORIDA AT l.AFCtE MY, GOMMlSSION EXeIpES AP~Z1L 2~ 1985 BONDED IHRU GENERAL JNS, UNDERYrRITERS STATE OF FLORIDA) )SS: COUNTY OF DADE ) NOTARY PUBLIC, STATE OF FLORIDA AT LARGE GARNER-MASON ASSOCIATES, LTD. (Lessee) By ~ -----~~ --- resin H. Mason, General Partner BEFORE ME, the undersigned authority, on this day personally appeared IRWIN H. MASON, known to me to be the person whose name is subscribed to the foregoing instrument as General Partner of GARNER-MASON ASSOCIATES, LTD.., and acknowledged to me that he executed the same for the purposes and consideration therein expressed in the capacity therein stated and as the act and deed of the Association. n GIVEN under my hand and seal of office this a~~ day of ---- NOTARY PUBLIC, STATE~OFr FLORII3r~ AT LARGE •.. E '' T9 ~7. My commission expires: ~ V"~~"'"'""Je~"=~~Lt:~s~~41vCEuND~:,"''S~*'~' - 2 - CASSEL S CASSEL, P. ANEW WORLD TOWER, 100 NORTN BISCAVNE BOULEVARD, MIAMI, FLA. 33132 TEL. 371-1400 I ; ~~,~ i 1963 P~~I~i 4.5 EXHIBIT "A" Parcel 1 All of Lots 22 through 29, inclusive, and Lot 21, less the southerly 40 feet thereof of,- in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3, according to the Plat thereof as recorded in Plat Book 2, page 81, of the Public Records of Dade County, Florida; together with a 40-foot right-of-way on the Bay side of the Hope and Rebecca Tower property, (being Lots 15 through 20 and the southerly 40 feet of Lot 21 in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3); together with an easement over or under and upon the westerly 100 feet of Lots 30 and 31, all in Block 111, OCEAN BEACH FLORIDA ADDITION NO. 3, as recorded in Plat Book 2, page 81, of the Public Records of Dade County, Florida. Parcel 3 Lots 1 through 14, inclusive, in Block 111, of OCF_AN BEACH FLORIDA ADDI- TION NO. 3, together with 80-foot right-of-way of Biscayne Street, lying west of Alton Road, all according to the Plat thereof as recorded in Plat Book 2, page 81, in the Public Records of Dade County, Florida; together with the lands as set forth in "Exhibit A-1". Parcel 4 Lots 30 through 42, inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3, according to the Plat thereof as recorded in Plat Book 2, page 81, of the Public Records of Dade County, Florida; and all of DADS COUNTY PROPERTY OF MIAMI BEACH, according to the Plat thereof recorded in Plat Book 14, at page 70, of the Public Records of Dade County, Florida, also described as: the amended Plat of Lots 43 through 50, inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3, according to the Plat thereof as recorded in Plat Book 2, page 81, in the Public Records of Dade County, Florida. Parcel s The West 2 feet of Lots 15 through 20, inclusive, and the southerly 40 feet of Lot 21, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3, according to the Plat thereof as recorded in Plat Book 2, page 81, in the Public,Records of Dade County, Florida. - D169-1336Q C~a`.-~°CL S cAc,Scl p n NFW WOQLD TOWER, 100 ~~ORTH PiSCnVnrF BOUICVARf7, MIAMI, FLA J3132 TEI. J71-Ia00 ..~- ~:' ~ •: °~~~ ! 1963 P~~1~ 14.6 All that part of the North 132.0' of Section 10, Township 54 South, Range 42 East, described as: Beginning at a point on the northern boundary of said Section 10, which is intersected by the Easterly boundary of Jefferson Avenue • extended Southerly across Biscayne Street as a point or place of beginning: thence southernly continuing the east- erly boundary of Jefferson Avenue -~x- tended for a distance of 132:0' ~_o a point; thence westerly 208.1' more or less along a line parallel to and 132.0' southerly from the northern line of said Section 10 to Biscayne Bay; thence northwesterly meandering the Bay to the intersection of the northern line of Section 10; thence easterly along the '~ northern line of Section 10, 285.0' more or less to the point or place of beain- ,•• ning; (the northerly boundary of said Section 10 being common with the south- • erly boundary of Biscayne Street), Also described as: All of that part of the North 132.0' of Section 10 Township 54 South, Range 42 East, known as Tract A or the Smith Company Bay Front Tract, more 'particularly described as follows, to wit: Bounded on the north by the northern line of said Section 10; bounded on the east by the east line of Jefferson Avenue extended; bounded on • the south by a line parallel to and distant 132.0' south of the northern line of said Section 10, and bounded on the west by Biscayne Bay. ExHIEIT "A-1" Y ~" Y ~,~.1~; ~,5 -... ;i; ~ ~ r ~~ _... __.__ -- ,~ • ~. LEGAL DESCRIPTI0~1 hilA~•tI BEACH ~•~aRI~tA _ A portion of land lying t•lest of and adjacent to Block 111 of OCEAJI 6EACN,•FLa. ADOITIO?t P;O. 3' according to the Plat thereof as recorded in Plat Book 2, at r""ale 31 of tn° ?ublic R°cords of Dade County, Florida, ^ore particularly de- • scribed as folloti•rs: Co,~•rence at the t~lorth~,~est corner of Section 3, To•~:nship 54 South Ranae 42 East; thence run Easterly along the ~lorth line of said Sec- . tics 3 for 1350.C0 feet, rr.ore or less, to a point on the East Line of 81ock 90 of the afore^entioned Plat; thence run 500'30'00"E along the East line of Blocks 90, 89, oG, 87, 86, 85, 84, 83, 82, 81, 80, 79,.and a portion of block 111 and along their Southerly extensions for 5207 feet to the Southeast corner of lot 1, Block 111 of said Subdivision; thence run 589°05'00"'~! along the Sout line o-" said Lot 1, Block 111 for 250.00 feet to a point on the East waterline of 5iscayne Bay, said. point also being the POIitT Or BEGI+IiJIifG of the Tract of • land hereinafter described; thence run 1132°00'00"w', along a line 300 feet !•tes~ of and parallel to the !•,esterly P.ight of !•Jay Line of nlton Road for 2150.00 feet to a point; thence run X125'37' 26"!•1 for 335.62 feet to an intersection :•/i; . a ling that is 35.00 feet Northerly of and parallel to the ~lorth line of a Lo• designated 49 B as •sho•.~n on the A;•tE;aDED PLAT:of LOTS 43 to 50, 6LOCt: 111, OCE~ ~• ~~ BEAC,-i, FLA. , A~JOITIOi! "r;o. 3 as recorded in Plat book 14, at PaSY 70, of the Public Records of Dade County, Florida; thence run 558'00'00"!~J at right ar,gl~ to said Alton Road for 600.35 feet to a point; thence run S32=G0'00"E rcr 111 feet to a point; thence run S52°00'00"!•; for 150.00 feet to a point; thence ru • 532°00'00"E for 500.G0 feet to a point; thence run fi53'00'00"E for 150.00 fe? ,•to a point; thence run 532-00'00"E for 912.00 feet to a point; thence run . ~- 567°35'06"E for 400.38 feet to a point; thence run X158°00'00"E for 330.00 fee • sere or less, to other lane's of the City of t~lia~i beach; thence run ;~;32°00'0 f Ur 30v f:.~t-, ~:.OI"~ Or ie», l~.y 0~,^,~r lt?n~S Of Lhe Cl ~y Of i•tical °?cCfl, t0`,i,: PO~:~T C~r b~GI~;,lI..G; containir•g 1,6a8,9~$ Squ3rE' feet (37.x5 acres), r:ore er 1 EXHIBIT "B" ~ \1 ~ ~ ~ ~ _ • •~`•~'~ ~ °r I 1963 P~'i~14.8 RESOLUTION NO. 14-83 A RESOLUTIOIQ OF THE MIAMI BEACH REDEVELOPMENT AGENCY APPROVING THE LEASE AGREEP4ENT WITH CAR- NER- i~'lASON ASSOCIATES, LTD. FOR THE CONSTRUCTION Ai~D MANAGEMENT OF A A1ARIiJA AND DRY STORAGE FACIL- ITY IN THE SOUTH SHORE REDEVELOPMENT AREA INSOFAR AS THE AGENCY, AS A SEPARATE AND DISTINCT ENTITY, IS AFFECTED OR OBLIGATED BY THE TERMS THEREOF, AND BY REASON OF ANY CONTROL OF THE AGENCY PURSUANT TO THE PROVISIONS OF FLA. STATUTE 163 AND CERTAIN LICENSES AND PERMITS HELD BY THE AGENCY FOR THE CONSTRUCTION, DEVELOPMENT AND OPERATION OF THE MARINA . WHEREAS, a lease agreement has been negotiated with Carner-Mason Associates, Ltd. for the construction and manage- ment of a marina and dry storage facility in the South Shore Redevelopment area; and WHEREAS, Florida Statute 163 may give the Agency some control over any development in the redevelopment area; and WHEREAS, certain licenses and permits may be held by the Agency necessary to the construction of such marina facility, NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI BEACH REDEVELOPMENT AGENCY: That tine Miami Beach Redevelopment Agency approves the lease agreement with Carner-Mason P.ssociates, Ltd. for the construc- tion and management of a marina and dry storage facility in the South Snore Redevelopment area insofar as the Agency, as a separate and distinct entity, is affected or obligated by the terms thereof, and by reason of any control of the Agency pursuant to the pro- visions of Florida Statute 163 and certain licenses .and permits held by t,1e Agency for the construction, development and operation of the 1`~~arina. PASSED and ADOPTED this ATTEST: 15th day of June 1983. . - ~. C HA I Ri•1AN SECRETA Y APPROVED AS TO FOAtM AND LEGALITY f ' + ~.~ -, GENEP.P.L COUNSEL i~iLB : ro 6153B DATE •tu`R DEO IM OF EICAL R'OpltD~ ~~ CE DARE CDIrH IY, ELDRIDA. RZG~RD vi r. ~'1[D K1C11:11iD P, r: R1,1'LES ~ CiLRH CIRCUIT c.UURI .~ nr rn'f ~~F Zr~F CITE r.i 1:~f:NFI' • 11,~1C(~n~vE!.'IInN CC~'TLR IiIiNC n~InMl ic(ACH fl lrttlt~A'+]t39