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Recorded Lease Agreement - Modified Sovereignty Submerged Land Lease`~?~ REC. ~ ~ I ~ ~ PGOfifiO This Instrument Prepared Bys g~ane C Roaows~ Sureau of Land Management Services 3900 Commonwealth Boulevard Kail Station No. 130 Tallahassee, Florida 32399 ~~R~s ~.5~dr2 1993 DES 14 15:31 BOARD OF TRUSTEES OF THE INTERNAL IHPROVEXENT TRUST FUND OF THE STATE OF FLORIDA MODIFIED SOVEREIGNTY SUBMERGED LAND LEASE NO. 130765469 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. PIITNESSETHs That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conANDtTHE CITY OF 1"IIAMInBEACH REDEVELOPMENT ACENC lease to THE CITY OF MIAMI BEACH ,/hereinafter referred to as the Lessee, the sovereign lands described as follows: A parcel of sovereign submerged land in Section(s) 03 , Township 54 South , Range 42 8ast_ , in Biscayne Bav • Dade County, containing 1,648.911 square feet, more or less, as is more particularly described and shown on Attachment A, dated December 21, 1992. TO HAVE THE USE OF the hereinabove described premises for a period of 25 years from January 21, 1986, the effective date of this lease. The terms and conditions of and for which this lease is granted are as followss 1. The Lessee is hereby authorized t~~peratg excp~l~ively a commercial marina facility, with fueling facilities w t sews a ut facilities, and with liveaboards, as shown and conditioned on Attachment A. 2. The Lessor hereby agrees to waive all lease fees in arrears through October 16, 1989, in exchange for the Lessee providing to the Lessor a special warranty deed to a 102.2 acre parcel of submerged land owned by the Lessee, referred to as Pelican Island. The Lessor hereby agrees, throughout the term of this Lease, to 'waive the percentage of wet slip rental fee provisions of Section 18-21.011, F.A.C., and to allow the Leases to pay the base rate per square foot of the lease area as established by Chapter 18-21, F.A.C. The Lessee hereby agrees to pay an initial lease fee of $118,673.70 the base rate per square foot of the leased area assessed from October 17, 1989 to January 21, 1991, the anniversary date of this lease. The Leases agrees to pay an annual fee for the remaining years of this lease at the bass rate per square foot for the leased area as established by Chapter 18-21, F.A.C. The Leases will be notified in writing, in advance, of the amount and due date of the annual payment. The lease fees shall be remitted annually to the Division of State Lands a• the agent for the Lessor, on the due date each year until the term of this lease terminates or expires. 3. The Lessee shall pay a late charge equal to interest at the rate of twelve percent (12~) per annum from the due date until paid on any lease fees or other charges due hereunder which are not paid within 30 days of their due dates. 4. The Lessee agrees and shall provide upon request by the Lessor any and all information required frog the previous year, certified true and correct, needed to calculate the lease fee specified in paragraph two (2) above. 5. For purposes of this lease, the Lessor is hereby specifically authorized and esspowered to examine, for the taro of this lease including any extensions thereto plus three (3) additional yearn, at all reasonable hours, the books, records, contracts, and other documsnas •oncifiedginnd perraihit~t~2)habova. computation of annual lease payme pe, par g P LM-5 09J15/93 (Ol) ~9~ Of f. ~ 6171 ~c,Obs ~ REC. 6. Ths Lease• shall secure, maintain, and keep Thisrperiod shallhbe ntir• term of thi• lease, plus three (3) additional years. extended for an additional two (2) years upon request for examination o! all records and accounts for lease payment verification purposes by the Lessor. 7. This lease is given to the Lessee to use or occupy the leased premises for those purposes specified herein. Tha Lessee shall, within ten days prior to any change in the approved use of the sovereign~yo laedschange• whereupondtheland activity, notify the Lessor in writing of the p Po Lessor shall be authorized to adjust and prorate fees pursuant to Chapter 18-21, if applicable. 8. The Lessee shall make no claim of title or interest to said lands andeintereet tossaideland hereinbeforesdescribedyisrveatedhinethe Lesaorl title 9. This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. The Lessor acknowledges that the leased area is part of the area addressed in an agreement between the Lessee and Tallahassee Building theptermsoof theeagreementcbetweengLesaestandeTallahaeseenBuildinq Corporationby 10. During the term of this lease, the Lessee shall maintain a leasehold or fee simple title interest in at least that portion of the upland property adjacent to the fuel dock, and a perpetual easement and riparian rights to the remaining adjacent 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 such 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 terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with tnt of alland conditions of this lease which include, but are not limited to, payme fees and/or penalty assessments incurred prior to such act. 11. The Leases shall investigate all claims of every nature at it• expense, ofdFloridaifrom all~claimea actionse lawsuits and demandaearieing out ofethiste lease. 12. Lessee waives venue ae to any litigation arising from matter relating to this lease and any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. 13. The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and condition• shall be made covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein, this lease may be terminated by the Lessor upon thirty (30) days written notice to Lessee. If cancelled, all of the above-described parcel of land shall revert to the Lessor. All coats and attorneys' fees incurred by the Lessor to enforce this provision shall be paid by the Lessee. All notice• required to be given to Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Miami Beach The City of Miami Beach Redevelopment Agency 1700 Convention Center Drive 1700 Convention Center Drive Miami, Florida 33139 Miami, Florida 33139 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. 14. 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 thi• lease. 25. The Lessee shall not permit the leased premises or any part thereof to bs 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. 16. 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 Page ~_ o! ~~ Pages Sovereignty Submerged Lands Lease No. 130765469 oFF. i 6 I ~ I P~,066z REC. shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 17. The Lessee shall not knowingly permit any vessel required to be registered or titled under Florida law to moor or dock within or otherwise use the leased area unless such vessel is registered or titled in accordance with Chapter 327 and 328, Florida Statutes. 18. The Lessee shall not discriminate against any individuae bhandicap~ or that individual's race, color, religion, sex, national origin, aq , marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and use 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 the form est forth in Attachment ~, in a prominent and visible location on the leased premises or adjacent business office 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. 19. No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waiver^ on its part of any provision herein, shall operate as a discharge thereof or render the same renewaltthereof orain the event of subsequent breach orebreacheae upon any 20. Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 21. Renewal of this lease shall be at the sole option of the Lessor. Such renewal will 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 shall be allowed a 30-day grace period after expiration of thi• lease to 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 Lesaes 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 fts expense. 22. 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 structure• and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in item 14 or at such address on record a• provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 23. 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 its uplands enforceable in summary proceedings as provided by law. 24. The Lessee, at its own expense, shall record this lease and any subsequent approved renewal and/or modified leases in the official records of the county within which the leased site i• located within ten (10) days after receipt of a fully executed copy of this lease, and shall provide the Lessor with a copy of the recorded lease indicating the book and page at which the lease i• recorded. 25. 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 day 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 Lessor. 26. 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 rula• and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, the Lessee may install boatlift• within the leased premises without formal modification of the lease provided that (a) Lessee pr~hedlocation Lessor an acceptable engineering drawing of the proposed lifts (b) Page ~_ of ~.~, Pages Sovereignty Submerged Lands Lease No. 130765469 oFF. ~ 6171 Pc06~3 REC. or size of th• lift does not increase the mooring capacity of the facility] and (c) written approval of Leeson is oftauchdauthorization shalllbetattached to the construction of the lift. A copy lease. 27. Lessee shall place and maintain covered, secured trash receptacles, preferably of 50 gallon capacity, of a sufficient number and at appropriat• locations on the overwater structures within the leased area to encourage facility users to discard litter in an acceptable manner and prevent litter from being discarded into the waters of the State. Immediately adjacent to the trash receptacles, Lessee shall poet signs the size of which shall be at least a• large as 18" x 24" with white lettering on green background to carry an appropriate message ouch as DON'T BE A LITTER BUG] PLEASE PLACE TRASH IN RECEPTACLE] or TRASB RECEPTACLE. 28. No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased area. No restaurant or dining activities are to occur within the leased area. The Lessee shall ensure that no permanent, temporary or floating structures whose use is not water-dependent shall ba erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. In addition, the Lessee shall not undertake any repair or renovation activities within the leased premises without first obtaining the written consent of 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 Rule 18-14, Florida Administrative Code. 29, SPE IAL LEASE CONDITIONSs (a) The terms and conditions herein shall be reviewed every five years from the effective date of this lease as deemed necessary by the Department to ensure that all reporting requirements are appropriately incorporated. (b) Provided that if at the end of the term o~,f, this lease or any renewal thereof, Lessee is in compliance with the tei*meSand conditions of this lease, including payment of all lease fees which have not been duly waived, then this lease is renewable at the option of the Board for an additional five-year term in accordance with rules and policies then in effect. (as modified) (c) The Lessee shall ensure that retail sales, except oil and gas, such as the sale of food, beverages, bait, tackle, sporting goods, and other marina/boat supplies, shall be prohibited on all structures within the lease area including the harbormasters quarters, without the prior written consent of Lessor. (d) The Lessee agrees to remove, at its expense, the pilinq• located around the parcel of submerged land previously deeded to the Lessor should those pilings ever deteriorate to the point of becoming a hazard to public safety or navigation as determined by the Division of State Lands within five years from June 26, 1990. Page ~_ of ~_ Pages Sovereignty Submerged Lands Lease No. 130765469 OFF. ~ 617 ~ PG0664 REC. WITNESSES: Origins Signature !~F-AGO ~~~~ Typed/Printed Name of Witness `~- ~ ty. ,.,., Oriq na Signature ~~ K~n~ ; e- ~ s ~ SO nJ Typed/Printed Name of Witness STATE OF FLORIDA COUNTY OF LEON ~~"' known to me. and instr t was acknowled 19_ ~~by John R Pete APPROVED AS TO FORM AND LEG ITY: DE Attorn WITNESSES: ~.,.ia ,° ,, Typ/e~nted Name of Witness /ll.ftr j~fl . ~ ~,(~.c,~.G-u~ Original Signature M~~e.c.En, A k-l~ ! I , a ~ Typed/Printed Name ofJ Witness STATE OF ~~ ~ ~"~ ~ ~` a- COUNTY of D a ~~ e BOARD OF TRUSTBES OF TH8 .INT~NPi2•''~, ItiPROVENENT TRUST FUND QF TH8 STAfTT! OF FLORIDA ~ ~ ~' ( r: '~~r; .._-~ , BY ' J n R. Peterson, Platininq Mana~, r;' .~' reau of Land Management Servl~geltsr ` Division of Stats Lands Ag~r}t-,fr~i' the Board of Trustees of tlid:•-Internal Improvement Trust Fund "LESSOR" i,, '~, a 3....... --., qed before me this da~'o~~ rson, Planning Manager, whp ~_ p~i~o ~g - - : ~- ~- :~_ ~~~ C~ • .~ Notary Public .- C (. State of Florida at Lar •'.'•,, ..•' ~ %%~~ G ~ 5 Typed/Printed Name of Notary Public nary -ubllc, State of Florida My Coromiasion Sxp~~.^ /~ ot~,:~tssion Expires Moll 14,140 Commission No. CCo ~~~~ z-~ The foregoing instrument was acknowledged before me this - ~ ~ day of c ~d be r , 19 4 3 , by SAY n~au r Ge /berg /'h~v oi- , who is/ate personally known to me. Ny Commission Expires: Commission No. O 'FI IAL N Y S A LM-$ DIAN L SEROUSSI N04'ARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC2T1727 MY COMMISSION EXP. MAY 20,1997 Notary Public (SEAL) ~ r`a •~ L- S~e ro a ss.' Typed/Printed Nana of Notary Public State of f~~or'~ ~~a at Largo Pago ~_ of ~_ Pages Sovereignty Submerged Lands Lease No. 130765469 FORM APPROVED LEGAL DEPT. ~_~c~ once ~ - ? ~ 33 4f f. 16171 P~,0665 REC. WITNESSES: ~'~ Original Signature R ~~~ ~ ~.~ ~. ~~ow N T d/Printed Nacge of Witness -~~-u ~~ Original Signature /~'1c'2GcorA k//~iA~ Typed/Printed Name of Witness STATE OF ~ ~ O Y- ~ ~~t COUNTY OF ~~ 4 ~ ~' CITY ~F MIAMI BEACH Les BY - - n <,~:nn i at re ecuting uthority Name of Executing Authority "LESSEE" 'E ~i The foregoing instrument was acknowledged before me this ~ day of /~Qr~- 19 °? by ~~ ,%u~- Ge lber who is/are personally known to me. ~ My Commission Expires: Notary Public (SEAL) Commission No. tiOTAI'.YiLLiT~.`+...l:..l.' t~^'.~. iiY C~ .'.='dIYSi0~+ F'~;?. Pf ~':' 2^,-c^- ~r'a K L Sri--~ uSs~ Typed/Printed Name of Notary Public State of F/n ~--~'cla at Large Page 5-A of 12 Pages SSLL No. 130765469 ~~ ^J ~r- i Q S 1"• 8 (/~ {F.•/1, 1`--"~ (O F~'~1 r'S W QQQH~~~ z W w~~ _ O w H .. 1 i 1 "wr iii~i li~V+" ..... ! ... ~ a ao~ i ~~ I i I ~ .~. .~. I ... ..~.. ~ .~ . ' ~ • ..'.. ...Y . Q- I ~ .. . . ~ ...;•1 .~L.l n. n .~ ~ ' ' ~ fl"~ . ~~.lr: ~r ~.r~ twrw• . .o.o.~ .o o G ~:: ~; .. r ~ ~,:,.~:.;,:::.. ~~ ~~~ o~~~~ ~~ ~~~_~~t ~a4 ....... ~:. ~~ .~ ~~ °F~~ 16 ~ 7 I P~0666 REC. .. .. ............. '1 ~ ... .t ;ui...... . .. .. .. f.tW.... ^ ^ • • ~ ~ ^ • . . .. .. .......... . ~ ~ A . ~ • . ...•...,.. W ' ~ .s. iair . . . . .. . I•! W ~i~ ~ J~ ~ a . •,7„1W ..1~~ ~:~:~.. A Iii ~ ~ ~ ~ ~ ~ . ...... ,~,, ;o,; ... . ...... .... . ............ Attachment A ., ~~ Page 6 of 12 Pages SSLL No. 130765469 ~ ' ~s ~6 r ~, E S ~6M H ~N ~ O ~~ J n ,~ o o ~ i ~~`C ~ S ~ Y ~. ~ ~ i ~ ~) ~ 4 'I ~ ~ M - t 6~ ~ < . s ~ , s s~~ a ~ b ~ ~ ~ s 3~ cc OY ~ i ~ N $ F SEA ~ ~ J~~N }4~~ po • 4 =,;x~~ ~CW 47r = _ fan ~ ~ b uOg~ t~~nz:: •nw a •u.s ~ O Z ~ a~ ~~ z y m ~~ ~ ~ ~~ ~ Z ~Z ~~ ~ ~: ~ ~ $~~~ ° ~ ~ ;~ ~ ~ ~~ ~ ~ ~~ ~. ~ ~~~ ~~~~~ ~i~ ~~~~~ a~ ~~~ ~~ ~~~~~ ~~~ °`F~ 16171 Pi~0667 REC. MCANLY, ASNER AND ASSOCIATES, P.A. PROFESSIONAL ENGINEERS. PLANNERS & LAND SCR~EI'ORS SI01 TAMIAMI TRA1L EAST, SUITE :02 MAPLES. FLORIDA 33962J130 TELEPHONE 813•'775-072) TELECOPIER 813775-9:36 LEDAL DESCRIPTION MIAMI BEACH MARINA LEASE AREA A portion of land lying West of and adjacent to Block lii of OCEAN BEACH, FLA. ADDITION NO. 3 according to the Plat thereof as recorded in Plat Book 2, at Page 31 of the Public Records of Dade County, Florida, more particularly described as follows: Commence at the Northwest corner of Section 3, Township 54 South, Range 42 East; thence run Easterly along the North line of said Section 3 for 1,350.00 feet, more or less, to a point on the East line of Block 90 of the aforementioned Plat; thence run S00°30'00"E along the East line of B10Cks 90, 89, 88, 87, 86, 85, 84, 83, 82, 81, 80, 79, and a portion of Block 111 and along their Southerly extensions for 5,207.00 feet to the Southeast corner of Lot 1, Block 111 of said Subdivision; thence run S89°05'00"W along the South line of said Lot 1, Block 111 for 260.00 feet to a point on the East waterline of Biscayne Bay, said point also being the POINT OF BEGINNING of the Tract of land hereinafter described; thence run N32°12'16"W, along a line 300.00 feet West of and parallel to the Westerly Right-of- Way Line of Alton Road for 2,159.28 feet to a point; thence run N28°29'08"W for 323.93 feet to an intersection with a line that is 35.00 feet Northerly of and parallel to the North line of a Lot designated 49 B as shown on the AMENDED PLAT of LOTS 43 to 50, BLOCK 111, OCEAN BEACH, FLA., ADDI- TION NO. 3 as recorded in Plat Book 14, Page 70, of the Public Records of Dade County, Florida; thence run N88°07'28"W for 35.69 feet; thence run S57°47'44"W for 254.60' feet; thence run N32°12'16"W for 20.00 feet; thence run S57°47'44"W for 300.00 feet to a point; thence run S32°12'16"E for 1,154.00 feet to a point; thence run S57°47'44"W for 150.00 feet to a point; thence run S32°12'16"E for 500.00 feet to a point; thence run N57°12'16"E for 150.00 feet to a point; thence run S32°12'16"E for 912.00 feet to a point; thence run S67°48'22"E for 347.79 feet to a point; thence run N57°47'44"E for 360.62 feet; more or less, to other lands of the City of Miami Beach; thence run N32°11'37"W for 326.25 feet, more or less, by other lands of the City of Miami Beach, to .the Point of Beginning; containing 1,648,911 square feet (37.88 acres), more or less. P ep ed y: Z/Z~ /9z. Carol E. Nelson, .L.S. Florida Req. No. 5013 Date: July 5, 1992 Rev.: Dec. 17, 1992 ... • - <„ i- . ~ ~•. - ~ --,•~ • • ~- -- ,.. f; .. .~ :' • c Attachment A Page 7 of 12 Pages SSLL No. 130765469 1 't ~ 19 •.` •' State of Florida DEPARTMENT OF NATURAL RESOURCES I1K t t tt)~ .I l~l~~l \t) \~~1 It REC: 16 171 Pc0668 1 ~c:"naa• lhrrcr.a ~t.rn.•r. ~r..rr:ur.rn (h.uFLr. IrurlJurK t•rrrt .•rurn..n..~.rlrl~ Ihwk•aaul, IalLrha..a•-'. IIrruJ~ )?urn S T A T E O F F L O R I D A C n U N T Y O F L E n N C E R T I F I C A T E G E U k c; t: }' I R k: S"TO lr t: ti•<Rt.r, «I tutr JIM blw11T11 Mt.rw.f Gfran~l GER1-L.O A. LEW1S t,...rrt...tkr BILL CUNTt:R DOYLE CONKER tAwrwlulon-r of ALrkulrarr~ RALPH D. TURLINCTON t:o~rralwoner •1 Ldarc.Uon I, Judy A. Howard, do hereby certify that cite Governor and Cabinet, slttln= as ti-e Doard of Trustees of tl)e Internal Improvement Trust Fund, met on January 21, 1986 and approved the following amended additional substitute Item 17 on the agenda for that date, with an amendment to tl-e last line of Lire lease :nodlfleatlon (paragraph 12) in tine staff remarks. Ucletc: "shall be renewed for an additional five year term." Adri: "...is renewable at the option of the Board for an additional five-year term In accordance with rules and policies then in effect." Amended Additional Substitute Item 17 t~FFERItEf) FRO~\7 THE )A.NUARY 7, 1986 AGEMJA REQUEST: Approval of (1) a 25-year sovereignty, submerged land Ieaseivvi th a five- year renewal option, to supercede an existing lease containing 1,645,911 square feet, more or less, to be utilised as a corrmcrcial marina; and, (2) a deferral of (ease fees until settlement of pending litigation. QAnE CI)UNTY: Lease No. 1 30765469 APPL ICAIJT: City of -diami Beach L(~CATI(>n: Section 03, Township 54 South, Range 42 East, in Fiscayne Bay, Class III waters, Biscayne Bay Aquatic Preserve, Resource Protection Arca 'III, within the local jurisdiction of the City of f~liami (leach, Dade County. CC)h:S InERAT I:YJ: \Ya i vcr reques tcd. Cur rent amount due 5127,093.57. ST4i-T F?E-•tAS:\S: Tlic current five-year lease was approved as a conversion of an misting license bl• tlrc Board .on f)ecember 18, 19Fk. The lessee requires a 25-year (case to satisfy concerns raised by the tending institution. The applicant has advised staff that unless the longer term is granted, the City will be unable to fund compl:tion of fire facility. The lessee initially requested a 30-year term but 1)11'15a)NS / Ar)\tINISI ItATI/)N nrnrnr c,~r:u srrnui:a L,~a tiXPr))rCt:VPN'f \tA1tIN! NESUU1lCES I1kCREaT101: ANI) YAIi1:S )tF:St)UNCC 11:\N.\G-:AIENT 3'I A"f Y. LANUS Attachment B Page 8 of 12 Pages SSII No. 130765A69 • , 19 ft6 ' Certitie:lion January f o r A~ c nA a l t cry 1 7 ~ OFF. ~ 6171 ~cOS69 ~a~c Two RfC. Chaplet lbn-21.11(1)(b)(2), Florida Adrnlnlstratlve Code, specifically states: •~cases shall be for a term of up to 25 years and renewable at the option of the I~narA." The Icssec subsequently reQuested the followlnt Icasc rr,odlflcatlon (paragraph 12) to be Incorporated Into a 25-year Icase: ^Provlded that If at the end of the term of this Icasc or any renewal thereof, Lessee Is In compliance with the terms and conditions of this Icase, Ineludln= payment of all Icasc fees which have not heen duly waived, then this lease sh is renewable at the option of the Board for an_addltlonal flue-year term In accordance with rules and policies then in effect.' Staff recommends that the Board approve the 25-year. term with this special lease con- di tion. Re~ardin~ the -cqucsted deferral of Icasc fees currently due, the applicant was sup- posed to initiate payment on September 1, 1985. This postponed payment date was approved by the Hoard under previous licenses and reaffirmed by the Board under the 1~t64 Icase. The Intent of this postponement was to allow the marina project to been-se a net revenue generating facility prior to assessing fees. Various eompllea- lions, including litigation between the applicant and the marina developers, have resulted in unanticipated delays. Staff Is of the opinion that a deferral of payments until resolution of the pending IitiAation is acceptable under these unlouc circumstances. The final issue regards a trailer located at the terminal end of the facility's main pier. Activities at the trailer include the Salt of bait, tackle, food, ice, beverages, etc. The existing lease does not provide for any non water dependent structures nor did the previous license. As a matter of record, the Board adopted a specific amendment to the contrary during affirmation of the original license In 1981 as follows: "The affirmation of this license shat I not lie construe,l to authori2e the construction of nonwater depen~fance over tt,e water structure such as residen- tial structures, restaurant or corcrnereial retail establishments, which construction activity is subject to separate proceeding." r• Staf f not iced the tra i I'er in place during a subsequent inspection and advised the lessee of the prohi5itivc language. To date, the Icssec has not taken ter-serfial act ion. Staff ~~ould normal ly_recomnend the issuance of a renoval order. However, due to tl,c extcnuzti~ circumstances result inr from file pendin_Y litigation, staff is reco,~ncndint that the trailer be allowed to remain under the SDeeial Icasc condition that the Icssec pursue the authorization of an aeccptahlc ~•atcr dependent harhor- Attachment B Page 9 of 12 Pages SSLL No. 130765469 • Ccrtificatlon~january Z1~ 1986 f o r At a nd a l t cm 17 OFF. I U I I ~ Pl,o6~0 P a 8e Two REC. master's guartcrs in Ileu of the current facility Immediately upon conclusion of the Pendi~ Iitl~atlon. This condition, It not compiled with, will cause automatic can- cellation o1 the Lease and subject the current lessee to clrll penalties pursuant to Chapter 16Q-14, Florida Administrative Code. REC(~*Aft`D APPROVAL. SUBJECT TO Ate I NCLUD I hG THE SPECIAL LEASE t7UhD IT IONS IN 1'11TNES5 1uiERCOF, I have hereunto set my Band and affixed the set) of the t3oard of Trustees of the Internal Improvement Trusl Fund this 3rd day of February, A.t). 19 R6. SEAL ~ ^ j `. y )ud A. ward, Administrative Assist. Di~Tision of State Lands !?epartment of Natural Resources Attachment B Page 10 of 12 Pages SSLL No. 130765469 :~. . . ~ Re : !307 6_54 69 : Die City ~ \ OfF. `6171 ~cos7 ~ City of 'Hiami ~n___-- REC. Si'DC1AL LFASE Q3PIl?ITIC~S 1. 2. ,~ ~~ ~ oanditiAC><s herein aha.ll be reviewed i~i~! every five years Iran the effective date of this lease as deemed ttiece~s eazy by the pepartlnertt. to ere9ure that all pa~ci->~>~~~ ~P10~-'m"~ reporting req~irenerrt,s are a{~propriately ir~corporat.eKl. Provided t?,at if at the erxl of the te2tn of this lease or arty renewal thereof , lessee is in conpllanae with the terrE>s arx~ ernditione of thl.s lease , including pnymertt of all lease fees 4h,.ich have tit been duly M+ai~d , then this lease shall be reru~+ea for an additional five year term, 3 , The Lessee shall ~ursve the m~t}»rization of an ' harborma9ter a mere it lieu of the a~rrern conclusion .of the pending litiga PECAaDED tl: Orf~C~oRa~oaos 90°- R[Wa0 ~~ If E° ARC p, BRI R~ RICH Y C1RCd11 0011• RECORDERS NOTE: The legibility of writ;ng, typin; cr printin; unsttis• tsctory in this document when receiv:~. ~t.able wager ity ate Attachment Q Page 11 of 12 Pages SSLL No. 130765469 oFF. ~ 6171 Pc~0672 REC. a The docking structures located on the public lands are under lease from the Florida Board of Trustees of the Internal Improvement Trust Fund. As a condition of that lease, the lessee is prohibited from discriminating on the basis of an individual's race, color, religion, sex, national origin, age, handicap or marital status in the rental or use of those structures. Las estructuras de muella situadas en las tierras publicas son sojetas a arrendamiento de EI Consejo de Administradores del Fondo Seguro de Mejoramiento Inferno de la Florida. Como condition de este arrendamiento, el arrendador sera prohibido descriminar por causa de raza, color, religion, sexo, origen national, edad, incapacitation o estado civil. Persons denied equal right to rent or use the docking structures included within Sovereignty Submerged Land Lease Number 130765469 may file a complaint with the: ~:=--"-• Departure ~ r fiesources aa~~~~~•~ t3ivisron of~t~fe Larjds 3900• C~ni monweal 16tvd. Mat'1 Station Numb~r11'~50 Tallahassee> FL`32399-3000 -Galt' 9b4~488j62~4~ ;•- Las personas a quieres se les haya negado el derecho de igualdad al arrendar o usar las estructuras de muelle incluidas dentro de la Soberania de Tierras Somergidas para Arrendamiento Numero 130765469 pueden presentar una queja al Departamento defiecursos Naturales Division 8e Tierras iiel Estado MaiPStation Numbert50 3900 Commonwealth Blvd. Tallahassee, FL 32399-3000 Uame al: (904}488-6242 (Investigaciones} Attachment ~_ Page 12 of 12 Pages SSLL No. 130765469 nfF.16171 PG0673 SEC. RB80LIITION NO. 93-20911 A RESOLIITION OF THE MAYOR AND CITY COMMISSION OF THS CITY OF MIAMI BEACH, FLORIDA, AIITHORIZIN4 THE MAYOR AND CITY CLERK TO EBECIITE THE MODIFIED 80VEREIQNTY BIIBMERaED LAND LEASE NO. 130765469 BETWEEN THE CZTY AND THE TRIIBTEEB OF THE INTERNAL IMPROVEMENT TRIIST FIIND OF THE STATE OF FLORIDA, FOR TH$ MIAMI BEACH MARINA WHEREAS, on January 21, 1986, the City of Miami Beach ("City") and the Trustees of the Internal Improvement Trust Fund of the State of Florida ("Trustees") entered into Sovereignty Submerged Land Lease No. 130765469, as recorded in Official Record Book 13020, Pages 2520 through 2526, of the Public Records of Dade County, Florida, for the Miami Beach Marina (the "Submerged Land Lease"); and WHEREAS, on June 16, 1990, the City and the Trustees authorized an amendment to the Submerged Land Lease, as recorded in Official Records Book 15593, Pages 1915 and 1916 of the Public Records of Dade County, Florida; and WHEREAS, the City and the Department of Environmental Protection, acting on behalf of the Trustees, have negotiated a Modified Sovereignty Submerged Land Lease, attached and incorporated hereto as Exhibit "A", incorporating all the terms and conditions of the original 1986 Lease Agreement, the 1990 First Amendment and proposed amendments regarding a new survey and legal description for the Miami Beach Marina Lease area. NOW THEREFORE, BE ZT DOLY RESOLVED by the Mayor and City Commission of the City of Miami Beach, Florida as follows: The Mayor and City Clerk are hereby authorized to execute the Modified Sovereignty Submerged Land Lease No. 130765469 between the City of Miami Beach and the Trustees of the Internal Improvement Trust Fund of the State of Florida, f~ the Miami Beach Marina, a ~. ~ copy of which is attached and ted he a~ Exhibit "A". PASSED and ADOPTED this ATTEST: ~ ~. _ ITY CLERK c:\wp51\dste\merina.res 6th day of / MAYOR FO APPROVED LEGAL DEPT. BY J l~ Date ~' ZS-S3 ,/x.993. °~F~ 16171 Pc,0674 REC. OFFICE OF THE CITY ATTORNEY LAURENCE FEINGOLD CITY ATTORNEY • • ~~~N~ F L O R I D A i~~ r~: .„~~. S' N ~ ~9`b PO.BOXO MIAMI BEACH, FLORIDA 33t t9-2032 TELEPHONE (305) 673-7470 TELECOPV (3051673-7002 COMMISSION MEMORANDOIrt NO. x`93 Ootobor 6, 1993 TO: FROM: SOBJECT: M!-YOR BEYMOIIR OELBER lYtEMBERB OF T8E CITY COMI~II$SION LAORENCE FEINtiOLD ~/~ CITY lTTORNEY C ~~~~~~~ .fii a~%l~ \~ MI1~1~1[I BEACH NARINli1 LElrBE A1rIEND1~ENT As you know, the area where the Miami Beach Marina is located is leased to us from the State of Florida. The Lessee, Tallahassee Building Corporation and the City jointly asked the State to amend the lease to reflect the corrected survey attached to the Lease, and the State has agreed.. This matter is also on the Redevelopment Agency agenda so both agencies having jurisdiction can approve this minor amendment. This memorandum will serve as the memorandum for the Redevelopment Agency as well. LF: jm c:\wp51\Id\abrina.coa~ STATE OF FLOR f DA COUNTY OF DADS: I, RIGtiARD E BROWN, City Clerk of the City of Miami Beach, Florida, do hereby certify that the above ar+d,foregoin~; is a true and cor- rect copy of the orig~lY~l thereof on file in this office. ~ ~ ' -'^°~ ; , . ', WITNESS, ~~Fi~d`•and~ th 'seal of said City this days 0 ~ ~ 'r ~ ~ /~D. 9 fCHARD'E. BR )WN Clty clerk of the City of Miami`,Beach, Florida By: Deputy ~.~p~ ~ Off KIAI 1!['ro ~~[COaD V~ 1ED ~ fIDA~~'- .. =ice ; . ;~ HARVEY RUVIN .,amt' max clacurt count. ,~:~ -i1~ti11?1~~5~1' „~F1iF~.r.Nt~~N+ ~s AGENDA ~ ~~ ITEM DATE ~ O ~~ 1 700 CONVENTION CENTER DRIVE - FOURTr+ Ft.00R -MIAMI BEACH. FLORIDA 33139