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RESOLUTION 90-20080 RESOLUTION NO. 90-20080 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AMENDMENT TO 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 FOR THE MIAMI BEACH MARINA; DECLARING THE SUBMERGED LAND COMMONLY REFERRED TO AS PELICAN ISLAND TO BE SURPLUS TO THE NEEDS OF THE CITY OF MIAMI BEACH; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SPECIAL WARRANTY DEED IN FAVOR OF THE BOARD OF THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR THE SUBMERGED LAND COMMONLY REFERRED TO AS PELICAN ISLAND. WHEREAS, on January 21, 1986, the City of Miami Beach (the "City") and the Trustees of the Internal Improvement Trust Fund of the State of Florida (the "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, the City and the Department of Natural Resources of the State of Florida have negotiated an Amendment to the Submerged Land Lease whereby: 1) The City would convey to the Trustees by Special Warranty Deed the submerged land commonly referred to as Pelican Island. 2) The Trustees would waive percentage of wet slip rentals for the remainder of the term of the Submerged Land Lease and the City would pay only the base rate; and 3) The Trustees would waive all Submerged Land Lease fees in arrears through October 16, 1989 ; and WHEREAS, the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, met on June 26, 1990 and approved the above described amendment to the Submerged Land Lease; and WHEREAS, the City of Miami Beach City Commission finds that the submerged land commonly referred to as Pelican Island is no longer necessary for public purposes and wishes to declare the property surplus to the needs of the City of Miami Beach, Florida. 1 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH as follows: 1) The Mayor and City Clerk are hereby authorized to execute the amendment to 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 for the Miami Beach Marina, a copy of which amendment is attached hereto. 2) The submerged land commonly referred to as Pelican Island is hereby declared to be surplus to the needs of the City of Miami Beach. 3) The Mayor and City Clerk are hereby authorized to execute a Special Warranty Deed in favor of the Board of the Trustees of the Internal Improvement Trust Fund of the State of Florida for the submerged land commonly referred to as Pelican Island, a copy of which Special Warranty Deed is attached hereto. ADOPTED this 5th day of September 1990. //////lriee:L- 7 � YO ATTEST: iitt4 FORM APPROVED CITY CLERK LEGAL DEPT. PNB: lm :- By Date 7// /'/o 2 • read' ec4 /44st I % fPMB , FLORIDA3 3q , 14i , ''''% *siNCOR�os� c* "VAC'ATI(SNLANI) U. S. A. - \*-.4 - OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 6737010 14 � COMMISSION MEMORANDUM NO. OCI-90 0 July 25, 1990 DATE: TO: Mayor Alex D.. •d and City of e Commis '•n low- v' PIP' P OM: Rob W. Park gs - /. R City Manager I' f14 SUBJECT: AMENDMENT TO SOVEREIGNTY SUBMERGED LAND LEASE FOR MIAMI SUBS BEACH MARINA AND AUTHORIZATION TO EXECUTE A SPECIAL WARRANTY DEED FOR PELICAN ISLAND TO THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Background (Pelican Island/102 . 2 acres) : On June 20, 1944, the City of Miami Beach entered into an agreement with Placer Development Corporation of Florida to purchase, for the sum of $35, 000, approximately 102 .2 acres of submerged land lying north of DiLido Island, known as "Pelican Island. " At that time it was the intention of the City of Miami Beach to construct a bulkhead around the perimeter of the submerged land and fill the interior of the parcel by the use of dredging the adjacent bay bottom. Additionally, the City of Miami Beach was to construct a bridge connecting the parcel with an existing right-of-way easement located on the north end of DiLido Island. Permits were granted from the United States War Department to accomplish the proposed construction. However, with the effects of the post-war economy still present in South Florida, the project was never completed. All that was accomplished was the placement of th'e wood pilings around the perimeter of the parcel that were to be used to secure the proposed bulkhead. Background (Miami Beach Marina - 37 . 85 acres) : The Miami Beach Marina occupies an area of approximately 37 . 85 acres of submerged land that lies to the west of City-owned land bordered on the north by MacArthur Causeway (5th Street) , on the east by Alton Road, and on the south by Biscayne Street. On December 18, 1984, the State of Florida' s Board of Trustees of the Internal Improvement Trust Fund, converted to a five-year lease, aP reviously issued license for operation of a municipal public marina on submerged lands. On January 21, 1986, the State' s Internal Improvement Trust Fund Board of Trustees extended the term of the lease to 25-years. Current Status: On June 26, 1990, the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund, met and approved the following modifications to the Submerged Land Lease, No. 130765469, for 25-years at the Miami Beach Marina whereby: continued. .0,-, Kir As - a AGENDA . ITEM - ‘3 4' IS DATE 91 - 5.-- 90 Submerged Land Lease/Miami Beach Marina July 25, 1990 and Pelican Island 1) The City would convey to the Board of Trustees, by • Special Warranty Deed, a 102 . 2 acre parcel of municipally-owned submerged land commonly referred to as Pelican Island. • 2) The Trustees would waive percentage of wet slip rentals for the remainder of the term of the Submerged Land Lease and the City would pay only the base rate for the remaining years of the lease set at $94 , 647 . 49 and shall • be adjusted, pursuant to provisions of Section 18-21. 011, Florida Administrative Code. • 3) The Trustees would waive all submerged land lease fees in arrears, in the amount of $355,914 . 50, through October { 16, 1989 . 4) The City will pay $118, 673 .70 as the lease fees from October 17 , 1989 through January 21, 1991. Administration Recommendation: The City Administration recommends that the modified Sovereignty Submerged Land Lease No. 130765469, with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, be approved as amended. Additionally, that the Mayor and City Clerk be authorized to execute a Special Warranty Deed to the Board of • Trustees of the Internal Improvement Trust Fund of the State of Florida for Pelican Island. WHH:DC:blb Attachment • • • 23 • • . • • • „ SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this day of 1990 , by the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, hereinafter called "Grantor" and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is c/o Florida Department of Natural Resources, Division of State Lands, 3900 Commonwealth Boulevard, Room 412 , Tallahassee, Florida 32399, hereinafter called "Grantee" : WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and 00/100 ($10. 00) Dollars and other valuable consideration, receipt whereof is hereby acknowledged, has granted, bargained, and sold to the Grantee, its successors and assigns, all of the following described property located in Miami Beach, Dade County, Florida: From the Northeast corner of Section 29, Township 53 South, Range 42 East, run South 1 degree 37 minutes 08 seconds East, 778. 29 feet along the Section line between Sections 28 and 29 to point of beginning; thence run South, 88 degrees 39 minutes 28 seconds West, 1000 feet; thence run South, 1 degree 37 minutes 08 seconds East, 4200 feet; thence run North, 88 degrees 39 minutes 28 seconds East, 1060 feet; thence run North, 1 degree 37 minutes 08 seconds West, 4200 feet; thence run South, 88 degrees 39 minutes 28 seconds West, 60 feet to point of beginning; containing 102.2 acres, more or less, lying and being in Sections 28 and 29, Township 53 South, Range 42 East. SUBJECT TO: 1) Any right, title or interest in the above described premises that Grantee has at the present or may have had prior to the date of this conveyance. 2) Any and all navigational and other rights or interests of the United States Government. 3) Restrictions, reservations and easements of record, if any. TO HAVE AND TO HOLD, the same in fee simple. AND the Grantor hereby covenants with the Grantee except as noted above that at the time of delivery of this deed the premises were free from all encumbrances made by i t, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against none other. 1 IN WITNESS HEREOF, the Grantor has caused these presents to be executed in its name and on its behalf this 14th day of September , 1990. CITY OF MIAMI BEACH, a Florida WIATN SSES: municipal corpo ation el/ o gerh 1 E /64 • OR FORM APPROVED ATTEST: LEGAL DEPT. )?-1 CITY CLERK Date l .PQ STATE OF FLORIDA) ) ss COUNTY OF DADE ) On this 4$( day of �� �� , 19_2(2) before me, personally appeared Alex Daoud, / ayor of the City of Miami Beach, a Florida municipal corporation, and Elaine Matthews Baker, City Clerk of the City of Miami Beach, a Florida municipal corporation and known to me to be the same persons described in and who executed the foregoing instrument aforesaid, as the act and the deed of the City of Miami Beach, duly designated, empowered and authorized to do so and they acknowledged that they executed the foregoing instrument for and on behalf of the City of Miami Beach, for the purpose and uses herein described. My Commission Expires: 1!�T^C1�/ ^+R t?�7 + SME -T r•-- r; - , � \.J ��.��'G/L'2� tt., �, s-{�.._�� a;r., t :�\i s A! NOTARY PUBLIC STATE OF FLORIDA 1'�1 4.r t:`:.i�fi.`n�3�se� f• �i�19 5 •9,,3 BONED i HRU GEURAL INS. J.:+. Prepared by: Office of the City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7470 REF: 5\NORTHSH5.SWD 2 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND AMENDMENT TO SOVEREIGNTY SUBMERGED LAND LEASE NO. 130765469 THIS LEASE AMENDMENT, effective June 26, 1990, is entered into by and between the BOARD OF TRESTLES OF THL INFERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as "LESSOR" , AND THE CITY OF MIAMI BEACH, hereinafter referred to as "LESSEE" ; WITNESSETH WHEREAS. on January 21, 1986, LESSOR and LESSEE 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; WHEREAS, on June 26, 1990, LESSEE requested and LESSOR authorized an amendment to subject lease; NOW, THEREFORE, the parties hereto agree as follows: 1. Paragraph 2 of Lease No. 130765469 is amended to read in its entirety as follows: "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 leased 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 fee shall be remitted annually to the Department of Natural Resources as the ager:. for the Lessor, on the due date each year until the term of this lease terminates or expires. " 2. Paragraph 5 of Lease No. 130765469 is amended to read in its entirety as follows: "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. " 3. Lease No. 130765469 is amended to add the following special condition: "The Lessee agrees to remove, at its expense, the pilings located around the parcel of submerged land to be deeded to the Lessor should thos=- 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, the effective i_.te of this lease amendment. " 4 . It is understood and agreed by LESSOR and LESSEE that in each and every respect the terms of Sovereignty Submerged Land Lease No. 130765469, except as amended hereby, shall remain unchanged and in full force and effect and the same are hereby ratified, approved and confirmed by LESSOR and LESSEE. Page 1 of 2 Pages • Amendment to Sovereignty Submerged Land Lease No. 130765469 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA WITNESSES: (SEAL) BY Director, Division of State Lands. Agent for the Board of Trustees of the Internal Improvement Trust Fund STATE OF FLORIDA "LESSOR" COUNTY OF LEON Before me personally appeared Percy W. Mallison, Jr. , to me well known and known to me to be the person who executed the foregoing Sovereignty Submerged Land Lease Amendment, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of A.D. , 19 APPROVED AS TO FORM AND LEGA ITY: Notary Public (SEAL) State of Florida at Large 1t. My Commission Expires: City of ' _ 'i B=.• (SEAL) ATTEST: Lessee /, -/elet&„i b) BY Or nal Authori ed Signature dtth W,W9D a yor Title of Executing Authority "LESSEE" STATE OF Florida COUNTY OF Dade Before me personally appeared �4 �� /JLe-.- ' S4D "D to me well known and known to me to be the person who executed the foregoing Sovereignty Submerged Land Lease Amendment, and acknowledged to and before me that 4e.. executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this /4/ day of CV/lMeNoir , A.D. , 19 90 . My Commission Expires: )0ZI;AerkAr___.z r Notary Public (SEAL) ND-7;7Y PraTC STATE OF FLO^I DA Mi rOM,,!ISS1Oiti EP. MAY 20,:933 BONDED THRU GENERAL INS. UND. State of Fla.,- r d at Large FORM APPROVED LEGAL DEPT. Date V/d/Po Page 2 of 2 Pages • Amendment to Sovereignty Submerged Land Lease No. 130765469 A4ae CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 September 18, 1990 FAX: (305) 673-7782 Mr. Martin Dix Katz, Kutter, Haigler, Alderman, Davis, Marks & Rutledge Professional Association - Suite #400 First Florida Bank Building 215 So. Monroe Street Tallahassee, FL 32301 RE: MIAMI BEACH MARINA Dear Mr. Dix: Enclosed, please find the following items relating to the City Commission action of September 5, 1990: 1) A check payable to the State of Florida, Department of Natural Resources (DNR) , in the amount of $118, 673 .70 for the Submerged Lease Fees at the Miami Beach Marina; with DNR Statement. 2) Executed Amendment to Sovereignty Submerged Land Lease No. 130765469. 3) Executed Resolution No. 90-20080 4) City Commission Memorandum No. 409-90. 5) Executed Warranty Deed for Pelican Island. Please ensure that the check for the Submerged Lease Fee is delivered to the Office of the Deputy Director, prior to the due date of September 24, 1990; to avoid the late charge of 12% per anum. We ask that the Special Warranty Deed not be recorded by the State until the enclosed Amendment to the Sovereignty Submerged Land Lease has been executed and returned to the City of Miami Beach City Clerk' s Office, as noted on their copy. Should you have any questions, please do not hesitate to contact my office. Sincer-l ' •� s, r t Willia H. Harrison Executive Assistant to the City Manager WHH:blb Enclosures cc: Rob W. Parkins, City Manager MIAMI BEACH REDEVELOPMENT AGENCY �_�--- 3 9 4 4 . INTERCONTINENTAL BANK i.i OPERATING ACCOUNT MIAMI BEACH, FLORIDA 33139 --�= 1395 sRICKEIL AVENUE r I-1 MIAMI,FLORIDA 33131 Ir 63-606 U 670 September 1d9-4.0 ONE HUNDRED EIGHTEEN THOUSAND, SIX HUNDRED SEVENTY THREE and 70/100 118, 673 .7 PAY. D O L L A S $ r � -1 TO THE DEPARTMENT OF NATURAL RESOURCES �! ORDER 111111111!!!:P4IIINb" OF 111P.41:1AM4141111 1 //' s A V II'00391,t,II' 0i:0 6 ?00 60 6 3i: II'900 2 0000 230 DE LUXE CHECK PRINTERS MIAMI BCH. REDEVELOPMENT AGENCYCANM THE ATTACHEDDETACHECKH D IS NR PAYMENT THIS OF ITEMSSTATEDESCERIBNT ED BELOW. OPERATING ACCOUNT IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. DELUXE - FORM WVC-3 V-3 INVOICE DEDUCTIONS DATE NUMBER DESCRIPTION AMOUNT - NET AMOUNT PARTICULARS AMOUNT 9/10/90 211-Submerged Land $118,673 . 70 Lease fees at the Miami Beach Marina through fiscal year 1990/91, ending 1/21/91 • pursuant to Commission Memo 409-90--9/5/90 V-3 00 '47.4 li. sizi.,p c):-3 7i.as,3 C q 0 TO080t0Z71 •oN -,i0pu--2 00 '10 '.1',. TOOgZO 3P07, 4712Cc10 (..;/ a,f79RTT 11 Lrorzo apo.......1 4parcio 000000TOTVL aP03 uo .s...4ezTueo..A. 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Baker City Clerk SUBJECT: Authorizing the Mayor and the City Clerk to execute an amendment to 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 for the Miami Beach Marina; declaring the submerged land commonly referred to as Pelican Island to be surplus to the needs of the City of Miami Beach; and authorizing the Mayor and City Clerk to execute a Special Warranty Deed in favor of the Board of the Trustees of the Internal Improvement Trust Fund of the State of Florida for the submerged land commonly referred to as Pelican Island. Enclosed are 3 copies of the above-noted lease and deed together with a copy of the authorizing Resoultion No. 90-20080, which have been executed by the City. Please forward all copies to the appropriate official for signature, with the request that the blue-backed copy be returned to the attention of Mercy Williams in this office. Would you please copy her on your letter of transmittal. She will subsequently forward a fully executed set to you for your files. Thank you. ORIGINAL RESOLUTION NO. 90-20080 Authorizing the Mayor and the C to execute an amendment to Sovereignty Clerkovereignty 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 for the Miami Beach Marina; declaring the submerged land commonly referred to as Pelican Island to be surplus to the needs of the City of Miami Beach; and authorizinga the Mayor and City Clerk to execute a special warrant deed in favor of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the submerged as Pelican commonly referred to g n Island. ir ..._