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Letter to Louise Barrett from Theus J. Sheilr ~~ X11 .. _~ C LJ!•M(N A. ACCVROINO MINO• S. BLOOM MMNA O. bR1CKER i JOHN L bp17TON GARr SROOKMrER JAMLS S CA$SCL MARWIN S CA4~,[L JAMf.S f.ONEN MARK D. CONLN gTLVEN W D[UTSCM E LAINL C. fELOMAN DIANE O. FLRRA RO DEAN M. FREITAO vAUL o. FRIEDMAN STEVEN N. FRICOMAN eETN ORLENFI[l0-MANDLCR GRACE M GONEALE2 d!. JOHN GUNOLACN, JR. JAM[5 T. NAL[Y KAREN NANTNCR EDWARD A. KAVFMAN JOHN T. KINSCY REPLY TO: 100 NORTH BISCAYNE FILE NO: December 5, 1983 MARC t1451TE MICNACL M, 1U81N RAtMONO V. MILLLR ANOpCW J. NICRCNBLRG J. RO~CRT OLIAN •LFONSO J. PERE2. JR. FRANCISCO R. RODa1GUE2 LAWRENCE M. SC NANTZ MARINA SHANK-KLCIN TN(US J. SNEIL 9TUART R. SILVER FRANK J. SINAGRA MICHAEL A. SLIVKA DAVID SOfG[ VALCRIC A, gTpTT ANDREW V. TRAMONT, JR. DIANE M. VAN NE55 SCOTT WEISBURD or couNSu MARVET RUVIN, P. A. RE~'~~~~E~ CITY Gam. • ~ DEPT. sy M. Louise Barrett Assistant City Attorney pEG 8 .~ City of Miami Beach - ~' _ P.O. Bin 190000 __ '~ ~~a~ Miami Beach, Florida 33119 Re: Miami Beach Marina Dear Ms. Barrett: Pursuant to your letter dated August 22, 1983, en- closed herewith is a photocopy of the Short-Form Lease with regard to the captioned property recorded November 9, 1983, under Clerk's File No. 83R31711? in Official Records Book 11963, Page 1143, Public Records of Dade County, Florida. Please contact me if you have any questions or require any additional documentation. 'ncerely, 8~ / • THEUS J. SHEIL • for the Firm t~ r:~ Q.Sry Enclosure • n _ ,. 1 "•"1 r-: - _ ~ r. t --a ~' ~ ~ m ~ n --. - ~.~ ..~ - m :n p 7 ~: ~• '~ 11 ~ / NEW WORLD TOWER, SUITE 1011 100 NORTH BISCAYNE BOULEVARD MIAMI, FLORIOA-33132 13Q~ 371-1400 CIT12 EN5 BUILDING, SUITE 701 ••105 SOUTH NARCISSUS AVENUE WEST PALM BEACH, FLORIDA 33401 13051 659-x331 / SUITE 100, SOO S. E. SIXTH STREET FORT LAUDERDALE, FLORIDA 33301 13051 463-8537 839 NCRTNwEST 119" STREET NORTH MIAMI, FLORIDA 33168 1305) 688-9652 Lnw Of F1CC5 li1~I•r•r~,~, C'c~lll:v, ~%n~Sl:t., i(nl'IrNAy & Sc~Iin~•ri, I'. A. A F'w01 ESSIONAL ASSOCIATION A00 SOUTNEA57 9ANK BUILDING 100 SOUTH ®ISCAYNC BOULEVARD MIAMI, YLUltll)A :J:)l:31 13051 371- 3100 FROM BNOWARO 1305) 523'6611 TELECOPY NUMt)[R MIAMI: 13051 371- 3100 ;~~::~,1, ~3a3 ~,o~~ -~ ~;~ 3~ 59 ~ 3 FZ 3 I l I I 1 D-99 '' ~ ~ •0 5 8 S- 3. 1 ) TNT In~lrum~nl Pry p~~1'd Dy: • MAfI'NIN S. Cn~•';i L, E50. • • Of1111UN, COHt N. ~%n",~[h °; i 1963 F~ 114.3 KAUfMAN r.:f;l ~AflfL, P.~ 100 N. Oiscuy~o Clvd., Su+te 1011 Mloml, Fbride ;3132 SHORT-FORM LEASE KNOW 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" a"ttached 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. a.: `•~ IN WITNESS WHEREOF, the parties, by and through their duly authorized representatives, have executed thins Lease in their j, respective names, this ~ day of ,~~.~ , 1983. ,; Signed, sealed & delivered in the presence of «~z~~~ ~a~.~ ~~ „CITY" _ •~ ~~ ., ~ •, CITY OF MIAMI BEACH, .: • - ~ -`J;~ ~' A Municipal Corporation ~ ~•~;• ~ .~;1;'~~ c%' MAYOR _. ~~-: ~ f; ` .. .. ~ ~ ~~ /•• . Attest : ~ L~~+.i~.^ CITY CLERK ~'~• • •,.. ;. The Miami 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. • ~5 - i CA>ti6tL., R A, N[W WOR{.O TOWtR, 100 NORTH OIfCAY1i[ /ONtLYARp•, NiAM1. FLA_ a,Ik • nL• DTI-MOO 1 , 7,~ I I g~3 Fc') 14.4 r, ~, ..,.. .,,, ~v'SIGNAT~RfS CON'C_ INUEDs ;~~, ~~: ~'. ATTESTT, rn SECRETARY STATE OF FLORIDA MIAMI E3EACH REDEVELOP LNT AGENCY ( AGENCY) B f c ~ ~~~- ...=- Y -'~ CHAIRMAN )SS: COUNTY OF DADE ) On this ~, ~~ day of ,.~~ , 1983, before me came ewG~me Tcnown who be i n b me Norman Cement an~ Etaine Matt- r 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. `.^y My~~cou~mis~ion expires: ~. EIOJ/41EX ~,UBLTQ ~YAfiE OF FLORIDJ~ AT !A~ MY. ~OMMlSSIOy EXeigES AP~t~I 2$ 1985. lONDED IHRU GENERAL JNS, UNDERVrRITERS NOTARY PUBLIC, STATE OF FLORIDA AT LARGE GARNER-MASON ASSOCIATES, LTD. ( Lessee) By' --- -----~ win H. Mason, General Partner STATE OF FLORIDA) )SS: COUNTY OF DADS ) 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. GIVEN under my hand and seal of office this a~~ day of ~t,~,r,, ~~__ _ , 19 8 3 . ,..;.. `~ • NOTARY PUBLI , STATErOF::=FLflRIDe~ ~ ;,~ AT LARGE ~ y ~-' a ~"' ~a .. J i.. NOTARY Pllu'C ST~'.TE bE ~~Q~ ~ ' i :.:r .. ~~t~ ~ .~ ,~ ,tt : . ~=':!.1'55:0=1 vw :~ nvNC r fly, .•~ : c avr::~;7 iMi~ G3i~:~L I.~tl~... S`~•~s- My commission expires: . <.,., - 2 ewsact s cASact. R A.~ Ncw WOlitO tOWLR. 100 t~0l1TN ~ISCAYN[ OOI,IL~VA110. MII-Mt~ ILA. ~tss ~ 1tt. ~7t~M00 i ~ 1 • ~ ~~~. 11963 ~c'I.I4.5 EX1iluIT "A" Parcel l All of Lots 22 through 29, inclusive, and Lot 21, less the southerly 40 feet thereof ot; in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3, according to the Plat thereof as recorded In Plat Book 2, page 8l, of the Public Records of Dade County, Florida; together with a 40-foot right-oi-way on the Bay side of the Hope and Rebecca Tower property, (being Lots 1S 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 lll, OCEAN BEACH FLORIDA ADDITION NO. 3, as.recocded 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 OCEAN 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 DADE 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 5 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. ~ - ICArN! 001itCVARO, MIAMI, lLA. »IH • T!L• »~•w00 ~~ ~- °~' 11963 ~~`1146 r,..~. 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 she _ northern line of Section 10, 285.0' more or less to the point or place of begin- 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 follo•~as, 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. E:{HIBIT "A-1" - c .. _ / -. . i. ~ ! BUJ v(,.i (`t~ .--.. r LEG~.L OESCRIP1I0~1 • hitA;•IL BEACH ~•!aRI~IA _• A portion of land lying 41est of and ad,}acent to Block 111 of OCEAJI BEACh, FLr t.~ AOOITIO.i ~l0. 3 according •to the Plat thereof as recorded i'n Plat Book 2, at Pa;e 31 of the ?ublic Records o Oade County, Florida, ^ore particularly dz- . scribed as follo~•~s: Co~rence at the t•lorth:~est corner of Section 3, To~:nship 5~ South Range a2 East; thence run Easterly along tn2 Plorth line of said :Ec . Lion 3 for 1350. C0 feet, more or less, to a point on the East line of 81otk 90 of the afore~enticned Plat; hence run 500'30'00"E along the East line of Blocks 90, 89, 08, 87, 86, 85, 84, 83, 82, 81, 80, 79,.and a portion of Bloc 111 and along their Southerly extensions for 5207 feet to the Southeast Corr of Lot 1, Block 111 of said Subdivision; thenc~ run 589°05'00"'r! along the Sc line or said Lot 1, Block 111 for 260.00 feet to a•point on the East water]' of 5iscayne Bay, said- point also being the POItlT Or BtGli~li•!IilG of the Tract ~ • land hereinafter described; thence run 0!32'00'00"~-, along a line 300 feet :~:+ + of and paral l el ~ to the :•;es terly P.i ght of .:•lay Line of ;1 ten Road for .2150.00 ~: feet to a point; tP~ence run Pl25'37' 26":•! for 335.62 feet to an intersectic:~ ~, aline that is 35.00 feet tlortherly of and parallel to the tlorth line of a ' ~ designated 49.8 as •sho:,rn on the A;•tE~lDED PLAT-of LOTS 43 to 50, 6LOCY 111, 0 .. - T. i BcACN, FLA. , ADDITIO~~ ..o. 3 as recorded in Plat 6oolc 14~, at Past 70, of uhe . Public Records or" Dade Cou~tty, Florida; thence run 556'00'00"t! at right arc ~` to said Alton Road for 600.35 feet to a point; thznce run S32'GO'00"E for 1 t feet to a poirt; thence run S52'v0'00".•; for 150.00 feet to a point; thence ' 532°%0'00"E for 5C0.GO feet to a point; thence run 1153'00'00"E for 150.00 ,to a point; thence run 532=00'00"E for 912.00 feet to a point; thence run :, . -- Sb7°36'06"E for 400.32 fezt to a point; thence run 158'00`00"E for 330.00 rer2 or less, to other lands of the City of t•iiani 6esch; thence run 1:32°i.0 f Ur 30~ T~?~, ~~•ot'~ Or le», t~.~/ OC.^~:' lands Oi the Cia.J OT i•~icell u~cCll, }t? POI;tT C~= d"cGI;;:;I~;G; con~air,irs 1,6a',9~$ sq~~3re feet (37.35 acres}, r..ore t 1 -~ ~ .; r~;. 11963 Fc'1 I48 R>rsoi.u~r10N lao. __~~~-83 _ _~ A RESOLUTION O1~' 'I'H1; MIAMI I3EACN Rf.D1rVELOPMENT AGENCY APPROVING T1~E LEASE AGREEMENT WITH CAR- NER- I~LASON ASSOCIATES, LTD. FOR THE CONSTRUCTION AiJD ?MANAGEMENT OF A DiARIiJA 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 TilE 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 Canner-?4ason 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 REACH REDEVELOPMENT AGENCY: That the Miami Beach Redevelopment Agency approves the lease agreement with Carney-l~lason 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 the Agency for the construction, development and operation of the l~iarina. PASSED and ADOPTED this 15th day of June , 1983. ;_ -{ ~~ CHAI RiiAN ATTEST: . •--- SECRETA Y APPROVED AS TO FO:~M AND LEGALITY r ~ -. e ~,~_ ~ ~ • ~• • DATE GENERAL COUNSEL ~~ I+iLB : ro 6138 a Mo[ ~a~wn, nouK. R[CORR YiR~K~ ,, c~ulc C11tW1T awa .~ t1F f IC t Ai THE CITE' /+~~ ipltNfY~• 11.V Gt-NVf NT IpN Cf NSTER fNIWE MIAMI ltE JICN. f i t~tt11M a~179