Lease Agreement - Modified Sovereignty Submerged Land Lease. ,>
This Instrument Prepared By:
Df~Ane C. Roaowski
Bureau of Land Management Services
3900 Commonwealth Boulevard
Mail Station No. 130
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
OF THE STATE OF FLORIDA
MODIFIED SOVEREIGNTY SUBMERGED LAND LEASE
NO. X30765469
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.
WITNESSETH: That for and in consideration of payment of the annual lease
fees hereinafter provided and the faithful and timely performance of and y
compliance with all terms and AND dTHEoCITYtOFeMIAMIeBEACHhREDEVELOPMENT AGEN CY
lease to THE CITY OF MIAMI BEACH ,hereinafter referred to as the Lessee, th
sovereign lands described as follows:
A parcel of sovereign submerged land in Section(s) 03 , Township
54 South , Range 42 Eaat , 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 follows:
1. The Lessee is hereby authorized to operate exclusively a commercial
marina facility, with fueling facilities with sewage pumpout facilities, and with
liveaboarda, 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 Lessee 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 $118,673.70 the base rate per square foot
of the leased area. assessed from October 17, 1989 to January 21, 1991, the
anniversary date of this lease. The Lessee agrees to pay an annual fee for the
remaining years of this lease at the base rate per square foot for the leased
area as established by Chapter 18-21, F.A.C. The Lessee will be notified in
writing, in advance, of the amount and due date of the annual payment. The lease
Ease shall be remitted annually to the Division of State Lands as the agent for
the Lessor, on the due date each year until the term of this lease terminates or
expires.
3. The Lessee shall pay a late charge equal to interest at the rate of
twelve percent (12$) 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 from 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 empowered to examine, for the term of this lease including any extensions
thereto 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.
LM-5 09/15/93 [Olj
6. The Lessee shall secure, maintain, and keep all records for the entire
term of this lease, 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 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. The Lessee shall, within ten days prior to
any change in the approved use of the sovereignty lands or the associated upland
activity, notify the Lessor in writing of the proposed changes whereupon the
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
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.
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
Corporation. The Lessee acknowledges that the Lessor is not a party or bound by
the terms of the agreement between Lessee and Tallahassee Building Corporation.
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 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.
11. The Lessee shall investigate all claims of every nature at its expense,
and shall indemnify, defend and save and hold harmless the Lessor and the State
of Florida from all claims, actions, lawsuits and demands arising out of this
lease.
12. 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.
13. 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 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 costs and attorneys' fees incurred by
the Lessor to enforce this provision shall be paid by the Lessee. All notices
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 addreass
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 this lease.
15. 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 operation8 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 _~ of ~~, Pages
Sovereignty Submerged Lands Lease No. 130765469
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
theileaeed areaiunleaensuchFveasel iawregisteredrorotitledhin accordanceawithe
Chapter 327 and 328, Florida Statutes.
18. The Lessee shall not discriminate against any individual because of
that individual's race, color, religion, sex, national origin, age, handicap, or
marital statue 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 inraished
to the Lessee by the Lessor, in the form set forth in Attachment ~,
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 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.
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 this 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
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.
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 structures 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 as
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 is 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 is
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 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 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 rules 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 boatlifts within the leased premises
without formal modification of the lease provided that (a) Lessee provides to
Lessor an acceptable engineering drawing of the proposed lift; (b) the location
Page 3 of ~ Pages
Sovereignty Submerged Lands Lease No. 130765469
or size of the lift does not increase the mooring capacity of the facility; and
(c) written approval of Lessor is obtained prior to the installation or
construction of the lift. A copy of such authorization shall be attached to the
lease.
27. Leaaee shall place and maintain covered, secured trash receptacles,
preferably of 50 gallon capacity, of a sufficient number and at appropriate
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 as large
as 18" x 24" with white lettering on green background to carry an appropriate
message such as DON'T BE A LITTER BUG; PLEASE PLACE TRASH IN RECEPTACLE; or TRASH
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 be erected or conducted over
sovereignty submerged lands without prior written consent from the Lessor. In
addition, the Leaaee 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. SPECIAL LEASE CONDITIONS:
(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 of this lease or any
renewal thereof, Leaaee is in compliance with the terms and 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 Leaaee agrees to remove, at its expense, the pilings 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 4 of 12 Pages
Sovereignty Submerged Lands Lease No. 130765469
WITNESSES:
® ~
Oriq ani 1 Siq unat re
;~~~~ti
Typed/Printed Name of Witness
Original Signature
_y"~-fit'>lJw~i ~ ~~ lSo~
Typed/Printed Name of Witness
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
h foreq~i~nq ins~uq~ent was acknowledged before me
/~,~ ,Q-~Cil.~, 197 ~, by John R. Peterson. Plannin
known to me. and -
APPROVED AS TO FORM AND LEG ~:C%k~'
this ~ ~r'~
g Manager, who is
-
day of
personally
J
Notary Public (SEA)
~ State of Florida at Lar e
D Attorney ~ l /~ ~ G C . ~~ ~,U ws~
Typed/Printed Name of Notary Public
Notary Public, State of Florida
My Commission ExPiAi~'i'ininmission Expires Alay 24, 1994
Commission No. ~/
WITNESSES:
Original Signature
Ci Uev~Z~tNW`LD 1c. 3R~~~
Printed Name of Witness
Original Signature
Typed/Printed Name of Witness
STATE OF ~ ~ ~ r-~' ~ d
COUNTY OF ~ ~ ~ ~
~/\
The foregoing instrument wa acknowledged b ore me his ~ ~ day of
~c~d ~.- a i'^ , 19~_, by ~~ ~• r+~d u r ~'re ~~Q~~~y'Dt" , who is/•are-
personally known to me.
My Commission Expires:
Commission No.
OP`rICIAL NOTAi:Y SEAL
LM-E DIAN L SEROUSSI
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC277727
MY COMMISSION EXP. MAY 20,1997
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA
(SEAL)
BY
J n R. a eraon, Planning Manager,
reau of Land Management Services,
ivision of State Lands, Agent for the
Board of Trustees of the Internal
Improvement Trust Fund
Le
Executing Authority
Printed Nate of Executing Authority
"LESSEE"
~f ~~~~~
~ ~ ~ ~~".
Notary Public (SEAL)
~~~a~ ~- ~~i^FJ~v.Sir
Typed/Printed Name of Notary Public
State of ~/D ~ ~~~ at Large
Page 5 of 12 Pages
Sovereignty Submerged Lands Lease No. 130765469
FORM APPROVED
LEGAL DEPT.
~ ~ ~~
Date ~" 2 ~ g~
WITNESSES:
iginal Signature
O
pp
C~ LGK,~D ~. ~R~ uJ IN
Typed/Printed Name of Witness
Original Signature
l
/yEi2C~~~1V ~~~!/A.~.J
Typed/Printed Name of Witness
STATE OF ~ ~ ~ ~~ ° ~ ~-
COUNTY OF ~~ a c~
CITY_OF MIAMI BEACH
BY
ig n 1 Signature o Executing Authority
C airman Se our Gelber
Typed rinted Name f Executing Authority
"LESSEE"
~ ti_
The foregoing instrument was acknowledged before me,this ~ day of
~~ r aP ~ b rt'e' 19 `t `3 , by S P v ~-o« r- Gee ~` ~ ~ ~- -- ~ who is/are
--~
personally known to me.
My Commission Expires:
..-~°~-
Notary Public (SEAL)
Commission No.
OFiriC:I~t, NOI'.~:ftY J~',.~~L
LM-E IrI.~.N L SEI:CTJ3SI
NOTARY PULLIC S'I't~TE CF FLORIDA
CC'vfMISSICP~t NC. CC277727
MY COMMISSION E%P. MAY 20,1997
gage. S.T~, of 12 Pages
SSLL No. 130765469
Typed/Printed Name of Notary Public
State of ~`~ ~-~ ~o~a at Large
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Page 6 of 12 Pages SSLL No. 130765469
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.=~IJ~MS Cuff
McANLY, ASHER AND ASSOCIATES, P. A.
PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS
SIOI TAMIAMI TRAIL EAST. SUITE 202
tiAPLES, FLORIDA 33962-4130
TELEPHONE 813!775-0723
TELECOPIER 813775-9236
LEt3AL DESCRIPTION
MIAMI BEACH MARINA LEASE AREA
A portion of land lying West of and adjacent to Block 111 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 Blocks 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 ili 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 e ed y:
J2/Z~/9Z
Carol E. Nelson, .L.S.
Florida Reg. No. 5013
Date: July 5, 1992
Rev.: Dec. 17, 1992
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Attachment A
Page 7 of 12 Pages
SSLL No. 130765469
OFf
ace: (~QZ~ ~ . ~ , ~~~_~.
19 .~ .
• •...,
State of Florida
DEPARTMENT OF NATURAL RESOURCES
Il-( I 1111\ .I. (ilk\I \I1 \\'\I li
\1.{{an. N~..{{rm..n (1.•uFla. Ilu~ldu{~
t•M {I{{ ..uuu..nw c.~li l~ Ilaulr..u.l. lallaha.x•r. 1'Inrid~ 1?1111
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
GEOFtt,;r: FIRts°roN>r
i*crr6arr ul Su-•
JIM Sl-IITII
Allurwt•r Gew~pl
GERALD w. LEw1S
Grrwff ndl~-
BILL CUNTER
n~.,..n-
DOYLE CONNER
Csawnlaslo~t't of Attleullur.
RALPH D. TURLINCTON
t„orwrnlasioner of EduerrUon
I, Judy A. Howard, do hereby certify that tt)c Governor and Cabinet, sitting as
ti)e Hoard of Trustees of tl)e Internal Improvement Trust Fund, met on January 21, 1986
and approved tl)c following amended additional substitute Item 17 on the a~cnda for
that date, with an amendment to the last line of tl)e lease modlfleatlon (paragraph 12)
in the staff remarks.
-)cletc: "shall be renewed for an additional five year term."
Add: "...is renewable at the option of the Board for an additional
five-year tern) In accordance wi th rubs and po) fetes then in
effect."
Amended Additional Substitute Item 17
DEFERI2E~ FRCiwvl THE JANUARY 7, 1986 AGENDA
REQUEST: Approval of (1) a 25-year sovereignty, submerged land IeaseL with a five-
year renewal option, to supercede an existing lease containing 1,648,911 square feet,
more or less, to be utilized as a corrrncrcial marina; and, (2) a deferral of lease
fees until settlement of pending litigation.
OAf~F Ct)UNTY: Lease No. 130765469
APPL ICAtJT: City of t,1i amt Beach
LCXATI(>~': Section 03, Township S4 South, Range 42 East, in Risca}`ne Bay, Class III
w'atcrs, Biscayne Ray Aquatic Preserve, Resource Protection Area 'III, within the local
jurisdiction of the City of -,liami Beach, Dade Count}'.
Cn~~Slf)ERATI:YJ: !`laivcr requested. Current amount due 5127,093.57.
STAf'F Y.E1,1A-?XS: The current five-year lease was approved as a conversion of an
existing license b}' ttlc Roard .on I~ccember lE, 1984. The lessee requires a 2S-year
Icasc to satisfy concerns raised by the lending institution. The applicant has
advised staff that unless the longer term is granted, the City will be unable to fund
corm,let ion of the fact I i ty. The lessee initially regtlest.ed a 30-year term but
1)1\'15;t)NS / Af)?11NIS7'I{AT1tIN DICAI'IIF:F ,\N13 tillOIt1:S LA1~ liVl <)ItC}:111?N'I titA1i1NE HESUUHCES
1tECriE:\T101: ANll!'Alil(ti !t}:SUU11Cl: \1:~NAG}:AI}:NT ti"1 A'r}: LANDS
Attachment B
Page 8 of 12 Pages
SSLL No. 130765469
' Ccrt i f feat ion January 19!!6
for Atcnda Item 17
Page Two
Chapter 1fi~-31.11(1)(b)(2), Florida Adrnlnlstratlve Code, specifically states:
"Leases shall be for a term of up to 25 years and renewable at the optlon of the
hoard." The lessce subsequently requested the following lease rnodlflcatlon
(paragraph 12) to be Incorporated Into a 25-year lease:
"Provided that If at the end of the term of this least or any renewal thereof,
Lessee is In compliance with the terms and conditions of this Itase, Intluding
payment of all (ease fccs which have not been duly waived, then this lease
Th Is renewable at the optlon of
thr Board for an additional flue-ycar term in accordance with rules and
Policies then in effect."
Staff rccom~nends that the Board approve the 25-ycar term with this special lease con-
dition. .
Re^ardin(; fire requested deferral of lease fccs currently duc, 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
1ft64 lease. The Intent of this postponement was to allow the marina project to
been-ie a net revenue generating facility prior to assessing fees. Various eompliea-
tions, including litigation between the applicant and the marina developers, have
resulted In unanticipated delays. Staff Is of the opinion that a deferral of
pay::unts until resolution of the pending litigation is acceptable under these unloue
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 Roard adopted a
specific amendment to the contrary during affirmation of the original license In 1981
as follows:
"7 he affirmation of this license shal 1 not 1>e construeri to authorize the
construction of nonwater depen~lance over fire water structure such as residen-
tial structures, restaurant or comnereia) retail establishments, which
construction activity is subject to separate proceedins."
Staff noticed the trailer in place during a subsequent inspection and advised the
lessce of the prohibitive language. To date, the lessee has not taken remedial
act ion. Staff would normal ly_recomnend the issuance of a rc~noval order. However,
duc to ttie extcnuati~ circumstances resulting iron ttrc pending litigation, Staff is
rccornnending that the trailer be allowed to remain under the special lease condition
that the lessee pursue the authorization of an acccrttahlc ~•atcr dependent harhor-
1
Attachment B
Page 9 of 12 Pages
SSLL No. 130765469
~~
Ccrtificatlon January T1, 1986
for Abcnda Item 17
Pale Two
n«. i .JULV~uLJL~
ma_ ster's quarters in Ileu of the current facility Imnedlately upon conclusion of the
~endin lit~atlon. This condition, If not compiled with, will cause automatic can-
cellation of the lease and subject the current lessee to civil penalties pursuant to
Chapter 16Q-14, Florida Adminlstratlve Code.
REC(1~r4FhD APPRWAL SUBJECT TO A1~ INCLUDING THE SPECIAL LEASE OONDITIONS
IN 1'lITNESS 1WiERCOF, ! have hcrcunto set my band and affixed the seal of the [3oard
of Trustees of the Internal Improvement Trusl Fund this 3rd day of February, A.[).
19R6.
SFAI
juQ A. ward, Administrative Assist.
DiJision of State Lands
Ilepartment of Natural Resources
Attachment B
Page 10 of 12 Pages
SSLL No. 130765469
`: • , . ~ ~ Re: 130765469: ~ Uede Ovuctty
•- 1 ~ ,. ~
City o~f 'Miami Beech
St'DCIAL i.FASE QJiZDITIOrS
1. The t~erm9 ark ooc~ditions herein shall be reviewed i'!'i~i e~v+ery five
yearn iron the effective date of this lease as deemed necessary by the
pepartsr,er~ to erasure that all ~h°0°'d reporting
requirements are a{~rrapriately iirorporatecl.
2. Provided that if at the end of the team of this ];ease c¢' arty renewal
thereof, lessee is in oar4~1-ianee with the terms ar~d ca~itfO~ of this
lease, including payment of all Lease fees t„lh.i.ch have not Deer duly waived,
then this lease shall be renewed for an additional five year term.
3 , The lessee shall pursue the mJthorization of an a~'cePtable water c3e ends
_ hartr~rma9ter s warters in lieu of the tairrertt facility E~eaiazety ~
cz~nclusi.on . the
RECORDED tt: OrftC~ORap~DRDS eobr
a D~DC LOUN!'Y.
RECORD Y[ft1(IED
~ p. BFIx~R
Bl~ K C1RCU11 COO{i1
RECORDEf',S NOTE:
The legibility of writ;ng, typin; er prinlin; unsztis•
tsctory in this document when received.
Attachment Q
Page 11 of 12 Pages
SSLL No. 130765469
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.
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:
Las estructuras de muella situadas en las
tierras publicas son sojetas a arrendamiento
de EI Consejo de Administradores del
Fondo Seguro de Mejoramiento Interno 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.
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 iie Tierras -del Estado
Mail~Station Number 150
3900 Commonwealth Blvd.
Tallahassee, FL 32399-3000
Llame al: (904)488-6242
{Investigaciones)
Attachment ~_.
Page 12 of 12 Pages
SSLL No. 130765469
REBOLIITION NO. 93-20911
A RESOLIITION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AIITHORIZING THE MAYOR AND CITY CLERK TO
EBECIITB THE MODIFIED SOVEREIGNTY BIIBMERGED
LAND LEASE NO. 130765469 BETWEEN THE CITY AND
THE TRIIBTEEB OF THE INTERNAL IMPROVEMENT TRIIST
FIIND OF TH8 STATE OF FLORIDA, FOR TH8 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 IT DIILY 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 incor pirated her o a Exhibit "A".
PASSED and ADOPTED this 6th day of
ATTEST:
~-
ITY CLERK
c:\wp51\data\marina.res
MAYOR
FO APPROVED
LEGAL DEPT.
By J l~
Date ~' ZS- ~ 3
,/x.993.
OFFICE OF THE CITY ATTORNEY
F L O R 1 D A
r`"~~ '~s
LAURENCE FEINGOLD .y~!?~y P.O. BOX 0
1~~~y
CITY ATTORNEY N MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE (305) 673-7470
TELECOPY (305) 673-7002
COMMI88ION MEMORANDOM NO. ~` 7 3
OCtobor 6, 1993
TO: MAYOR BEYMOIIR QELBER
MEMBERS OF THE CITY COMMItBION
FROM: LAORENCB FEINf30LD ~`._% ~
CITY ATTORNEY C ~,~~~~~ ~~ ~~
SIIBJECT: MIAMI BEACB MARINA LEASE AMENDMENT
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
e:\wp51\jd\marina.eom
i~s
AGENDA
I TEM_~ -~ "'
GATE I O ~~ ~~
1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH. FLORIDA 33139
RESOLIITION NO. 136-93
A RESOLIITION OF TH8 MIAMI BEACH REDEVELOPMENT
AGENCY ACCEPTING AND RATIFYING THg TERMS AND
CONDITIONS OF THE MODIFIED SOVEREIGNTY
SIIBMERGED LAND LEASE NO. 130765469 BETWEEN THE
CITY AND AGENCY AND THE TRIISTEES OF THE
INTERNAL IMPROVEMENT TRIIBT FIIND OF THE STATE
OF FLORIDA, FOR THB 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; and
WHEREAS, the Administration has submitted the Modified
Sovereignty Submerged Land Lease to the Mayor and City Commission,
for approval and execution of same; and
WHEREAS, the Miami Beach Marina Lease area is located within
a community redevelopment area, as same is defined by Chapter
163.330 of the Florida Statutes, Community Redevelopment Act of
1969, as amended.
NOW THEREFORE, BE IT DIILY RESOLVED by the Miami Beach
Redevelopment Agency that the Agency hereby ratifies and accepts
the terms and conditions of the Modified Sovereignty Submerged Land
Lease No. 130765469 between the City and Agency and the Trustees of
the
Internal Improvement Trust Fund of the State of Florida, for the
Miami Reach Marina.
CITY CLERK
jm:c:\wp51\data\marinarda.res
FORM APPROVED
LEGAL DEPT.
BY J ~ 7
...-
o~e ~-3n-4'3
a
Miami beach
~tedevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
REDEVELOPMENT AGENCY MEMORANDUM NO. 93-27
October 6, 1993
TO: CHAIRMAN AND MEMBERS
OF THE REDEVELOPMENT AGENCY , /
FROM: LAURENCE FEINGOLD ~/ '
CITY ATTORNEY \ /~ !'3"~/ ~~ ~ ~"
. ~ 1~~ ~
SUBJECT: MIAMI BEACH MARINA LEASE AMENDMENT
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:\wpbl\id\anrina.rda
_ 1,
South
Prointe