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RESOLUTION 93-20700 • RESOLUTION NO. 93-20700 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO THE EXISTING DEPARTMENT OF THE ARMY LEASE NO. DACW17-1-77-2 WHEREAS, on or about August 9, 1976 the City of Miami Beach and the Department of the Army entered into a 50-year Lease Agreement, No. DAC W17-1-77-2 , which granted to the City of Miami Beach the use of 1. 70 acres of United States Government-owned upland beach area in South Pointe Park, and access to and use of public fishing improvements constructed on approximately 6. 22 adjacent acres of jetty land and water areas in Government Cut; and WHEREAS, on or about January 8, 1979, the U.S. Government conveyed by quitclaim deed to the City of Miami Beach title to the 1. 70 acres of upland beach area which is a part of the 16. 52 acre parcel known as South Pointe Park; and WHEREAS, the Department of the Army has proposed amending the 50-year Lease Agreement to remove from the terms and conditions of the Lease the 1.70 acres of upland beach area which was conveyed to the City of Miami Beach along with the rest of South Pointe Park; and WHEREAS, the City Manager recommends execution of the attached Supplemental Agrement No. 1 and the City Attorney has approved it as to form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute the attached Supplemental Agreement No. 1 to the existing Department of the Army Lease No. DACW17-1-77- 2 . PASSED and ADOPTED this 20th day of January , 1992 . ATTEST: 4 9 Lketty).,.21 City Clerk M• • •r PNB: lm C:\resoluti\armysup.Lea FORM APP�OVED 12/09/92 5:05pm LEG' EPT1_. 400, 6y Aff y i Date�, //9/1— 1 �: rr I / ti . .r) -."4: + “A -; :7""ii - .—�i __ . 1 L -_--/ _ l ire -.('� • tirk r „pp, 1 / 1 j i I . ,. • I . _ . ,. , 4.-,1-1-..- tL 1 IL ••L 1 ii. In..r=-7/it 'l . • • .4 44 Iii ]1fl• "r _ii • . r: •.----. [ , .,,,ii -.- e• g.:....,ss ....,.., ' '51 --:-.: --- - I /r......_.:...,.... ir --1, r- 1 I . --,r----..:-• -I I tr. ,..s, .; _ / , — it ;. ' • •-;;. ,4 •*., Le-:•.;,; 1U L :1 I la t ... . . : •,..._ I.,;,-..,; ,••,1 L ; - • , L ' , . . _ . 0 • L••••••........i,.i.....;:.. •..4 . 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Aa„,„,,,, -- •,,..- • ,„ ., • tfk, - -. i?c; .-.- . • . 6.5,,- kle. k .. 3c^ ,Qv0 28 `4 ---- / ......„,..,... ., --.. f . • tt--• ISLAND ..,,4 -•....TF."--"--.7:T------------------,,_, • _ ,1 7:it 'i N 4-*•'•1 t. . . r • f q•-;14::.--.7 -:` ..1 . Ot • • -r• w-. • . • lb -5;4.4 4 s 69 - -.. [-ACQUISITION -AUTHoRiZirir� 1,A* _ Public Low14 79th (,ogress Isf ; ' Approved3Session. r /2/45 4 9thInd. Sec. of War t P.. to O.C.E., 5/9/46. 6- 9 -72 . h 1;e , "••' c c _ e A r ,. , . _ _ I CITY OF MIAMLBEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 3313 TO: Mayor Seymour Gelber and DATE: Jan. 20, 1993 Members of the City Commission FROM: Roger M. Caritod� 0,(62 City Manager• SUBJECT: APPROVAL OF RESOLUTION AUTHORIZING SUPPLEMENTAL AGREEMENT NUMBER 1, TO THE EXISTING DEPARTMENT OF THE ARMY LEASE NO. DAC W 17-1-77-2, WITH THE CITY OF MIAMI BEACH FOR THE RECREATIONAL FISHING FACILITIES IN GOVERNMENT CUT AT SOUTH POINTE PARK ADMINISTRATION RECOMMENDATION: The Administration recommends approval of the resolution authorizing the Mayor to execute Supplemental Agreement Number 1 to the existing Department of the Army Lease No. DAC W17-1-77-2 with the City of Miami Beach for the recreational fishing facilities in Government Cut at South Pointe Park. BACKGROUND: On August 9, 1976, the City of Miami Beach and the Department of the Army entered into a 50-year Lease Agreement, No. DAC W17-1-77-2 , which granted to the City of Miami Beach the use of 1.70 acres of United States Government-owned upland beach area in South Pointe Park, and access to and use of public fishing improvements constructed on approximately 6. 22 adjacent acres of jetty land and water areas in Government Cut. On January 8, 1979, the U.S. Government conveyed to the City of Miami Beach title to the 1. 70 acres of upland beach area which is a part of the 16. 52 acre parcel known as South Pointe Park. However, the Department of the Army lease for public fishing improvements was not amended to reflect the reduction in acreage covered under the lease. The Department of the Army, in reviewing their files, has found this discrepancy and now wishes to properly identify the property currently covered by the lease agreement between the City of Miami Beach and the Department of the Army. The change in acreage is reflected in Supplemental Agreement Number 1 to the Department of the Army Lease No. DAC W17-1-77-2 , attached hereto. ANALYSIS: This supplemental Agreement Number 1 to the Department of the Army Lease Number DAC W17-1-77-2 , now properly identifies the property currently covered by the lease between the Department of the Army and the City of Miami Beach. The 1.70 acres now owned by the City, and part of the South Pointe Park conveyance, has been removed from the lease. An affidavit from the City Surveyor confirming the legal description is attached hereto. CONCLUSION: The City Commission should authorize the Resolution for the execution of Supplemental Agreement Number 1, to the existing Department of the Army Lease No. DAC W17-1-77-2 with the City of Miami Beach, for the recreational fishing facilities in Government Cut at South Pointe67 Park. RMC/RAG/DC/b AGENDA Attachments ITEM bis\CNA-Resor CM-Army DATE /- 9S ti ti - • J SURVEYOR'S AFFIDAVIT STATE OF FLORIDA COUNTY OF DADE BEFORE ME, the undersigned authority, personally appeared J.A. Vargas ("Affiant") , who after first being duly sworn deposes and says: 1) Affiant is the City Surveyor for the City of Miami Beach, and holds State of Florida Registered Land Surveyor' s License No. 2916, and is thereby qualified to make this affidavit. 2) Affiant has personal knowledge of the facts set forth herein. 3) Affiant has reviewed the legal description of the 50 year Lease Agreement between the City of Miami Beach and the Department of the Army DAC W17-1-77-2 , dated August 7, 1976, attached hereto as Exhibit A. 4) Affiant has reviewed the legal description contained in the quitclaim deed from the United States of America to the City of Miami Beach, dated January 8, 1979, wherein the United States government conveyed to the City of Miami Beach South Pointe Park, copy of which quitclaim deed is attached hereto as Exhibit B. 5) Affiant has reviewed the legal description contained in Supplemental Agreement No. 1 to Lease,No. DAC W17-1-77-2 , copy of which Supplemental Agreement No. 1 is attached • hereto as Exhibit C ' .f* 6) Affiant states that all of the property which is removed by Exhibit C from the description contained in Exhibit A is contained within Exhibit B. FURTHER AFFIANT SAYETH NOT. /� J. ' . argas Regi-tered Land Surveyor License No. 2916 COUNTY OF DADE • STATE OF FLORIDA : The foregoin. 'nstrum-nt was acknowledged before me this 121*- dayof ,,j A (2' 19 byJ.A Vargas, who has produced a & wth ` I p , . • as dentifict.a ion and who d; . not take an oath. 4 \ ) • %bbbi 4' N TA PUBLI STATEOF FLORIDA PNB. lm IstAkal b. 5A-u-113y NOTARY PUBLIC STATE OF FEO IDA C:\agreemen\affsur.lea MY COMMISSION EXP MAY 21. 1994 BONDED THRU GENERAL INS.UND t • • 1 • - roti • • ." :iia:. ,.. •• . . • ...� �,�.._— —-— - r • • DEPARTMENT OF THE ARMY LEASE FOR PUBLIC PARK AND RECREATIONAL PURPOSES NO. DACW17-1-77-2 MIAMI HARBOR PROJECT AREA THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of PP Congress approved 22 December 1944, as amended (16 USC 460d) , and g theProject Water Recreation Act, 79 Stat. 214 (16 USC 460L-13) , andP ursuant to a contract entered into on 9 August 1976 by and between the United States of America, and The City of Miami Beach, Florida (hereinafter referred to as The Contract) , hereby grants to The Cityof Miami Beach, Florida, a lease for a period of fifty (50) years commencing on 1 December 1976 , and ending on 30 November 2026 to use and' occupy approximately 1.70 acres of Government-owned land under theP rimary jurisdiction of the Department of the Army as shown in red on attached Exhibit "H", and more fully described in attached Exhibit "E", and subject to all terms and conditions of this lease. The Secretary of the Army further grants to the City of Miami Beach use ofP uolic fishing improvements constructed by the United States on the North Jetty, Miami Harbor, Florida Project, with access to and use of the area upon which said improvements are located, consisting of approximately ?.2 acres of land and water areas identified in blue on Exhibit "J" 6' attached hereto and more fully described in Exhibit "F". The United States acquired a perpetual interest in said jetty area to construct the improvements hereby granted, from the City of Miami Beach, by easement, dated 9 August 1976 , filed in the public records of Dade County, Florida. (Exhibit "L") THIS LEASE isg ranted subject to the following conditions: 1. The lessee shall conform to such regulations as the Secretary Army of the issue to govern the public use of the project area, and may shall comply with the provisions of the above-cited Acts of Congress. The lessee shall protect the premises from fire and vandalism, and may • make and enforce such regulations as are necessary and within its legal authority, in exercising the privileges granted in this lease, provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with provisions of the above-cited Acts of Congress. 2. The lessee agrees to administer the land and water areas included in the lease for recreational purposes , and to bear the costs of operation, maintenance and replacement of all facilities and improvements on theP remises at the commencement of this lease or added during its term. As used in this lease the term "replacement" shall be construed to mean the replacement in whole or in part of any structure or improvement so worndamagedany or b y cause as to no longer adequately serve its designed "EXHIBIT A" • aup Iq panoaddu aq 3 saz3 'Tugs sasodand 2uzonpoad anuanaz ao3 aassaT aul cq paluui2 sasuaT qns puu 'sasuao TT 's1 Tuu d go suoT3 Tpuoo puu smaal alp 'saaluu12 1aulo sl T J q ao luacauaano2 alp Iq palupaS sasu3T aapun palulado axe suoz ssaouoo aaauj •asuaT sTul 3o suoz sTAozd loo Cgns paluea2 a.'•e haul luta altl s TTuus s3uu.12 eons TTy 'luamo2uuuN puu luauzdotanaa uoiluaaoaj 3o uuTd au1 ul?M put @spat szgl 3o suompuoo puu srcua3 aql gppp lualszsuoo aau uotgt sasod.and .'03 Alaadoid pasuaT aqp 3o suoTpaod .10 TTu asuaT qns pu 'sasuaoTT puu slzuuad luuaS Luui aassal au •S •paxauuu ATTuuT2Tao 3z su asuaT sTgl 3o laud u amooaq uodnaaaup nulls puu olaaaq saTpaed auq 3o saAT t? uasaada1 pazTaoqpnu Act 2uT4T1M uT panoaddu aq TTuus olaaatp sluauipuamu TTu puu AaoauanuT pttS •asuaT sTgl 3o uoTTeuTmaal ao uoTquaTdxo agq uo ao ui2a1 auk 2utanp pa1Tnbaa 3T maul @outdo.' 03 puu 'uompuoo puu uotltotJtluapT .'Tagg 1Tmaad luatot33ns s2uTmuap puu suoTpdtaosap apnTout TTugs squauianoaduiT 3o AaoquanuT au •Aaoluanut sigl o3 pappu aq fou TTuus loualuop au 3o £ atoTgay 3o AgTaomnu au. aapun palona4suoo sat3TTzou3 2uzonpoad anuanaa auITmzs eons puu 'serous apiou4 pus �TEq 'squuanul saa 03 palTmTT Sou 3nq 2utpntouT `usaT3TTzou3 TuuoT3TPPV11 JO sad/CI uTugaap •3oualuoo ptusaaoJt aul quunsand palonalsuoo aq Xacu ss sluauzanoadmT TuuoTI.tppu eons £Io2uanuT p cus oq pappu aq 'Tugs aaaul amT4 01. amT1 woad •;ateaquop au 3o suual. agq. aapun spun; Tuaapaa glTm gaud uT ao @Toum lit palon. lsuob sluomanoadmT TTt 3o Xaoluanut uu dpum aq of asnto TTuus olaiaq saTpaud alp asuaT stgp 3o quamaouaumaoo aqj uodn i ui •3ot1lu03 au go c aToTgay go adoas alp urillTm axe se S T TAT3ou 2utonpoad anuaAa.z eons lonpuoo /cum saassaTgns stq puu aassaT auq 'loualuop auj 3o 17 atonal/ 3o suoz sTnoad alp aapun .paztaoupnu sa2augo puu saa3 auk of uoT3Tppt uI •E • (uuTa agl 3o luauipuamu Jq pagstTdtuoozu aq oq suoT1uozJ-rpom ao Cum) Iuazuageuem puu luamdotanaG uOTquaaoaj 3o uutd aqp o1 suoz3uo-r;tpoui aonIN •p •paTTddu aq oa aau ao padoianap anuli goTgm saanpaooad ao satoTTod 3o suoTluoT3tpom 3utZT3TU2TS •O .auaA 2utpaoaad aql ao3 aassaT aul 3o s3u9m -gSTTdm000u luamdoTanap puu aoutualuTEm '3uaalaSeuuui aqi 3o 3aodaj •q •1oualuop auk 4 TM aouupa000s uT uoaaagp pa4onalsuoo aq of saT2TTTZt3 aaupo puu s3uamano.'dart 2uTpnTouT aassaT aqp Act uajulaapun aq of saT3TnT4ou 3uama2uuum ao3 suWTd •E :2UTr1OTTo3 aq3 03 PalTmTT fou sT lnq apnTouT 'Tugs goTgm unu uuT d T uv aul uo aaa2t TTuus saTlatd agl '1ua1c goua asuaT aq3 3o alvp AaesaaATuue aql aao;aq 10 uo •3oaaaq 3atd u apem aouaaaJa1 sTg3 Aq put lota3uoD au 3o (q)T aToTlav of 3utnsand paldopt luama2uuuN put 3uamdoTanaG uoTgtaaoall 3o UPI(' aql 3o aouuiaglani uT aoutuaquTEJT puu uoT3uaadO 3o ut1u TtnuuV uu Aq papTn2 aq TTuus aassaT atm •aouu:Ua;urem Tua aou 1.12Tm uoT3ounJ • > • • . • • District Engineer in writing. In order to protect the investments of sublessees, the District Engineer is authorized to approve subleases which require the government to continue to honor such parts of the subleases which may be necessary to assume the continuation of the sub- leased activities upon a default which would result in a revocation of the prime lease under condition 14 hereof. 6. The lessee shall establish and maintain adequate records and accounts and render annual statements of receipts and expenditures to the District Engineer, except for annual or weekly entrance fees which also are honored at other recreational areas operated by the lessee. The District Engineer shall have the right to perform audits of the lessee's records and accounts, and to require the lessee to audit the records and accounts of sublessees, and furnish the District Engineer a copy of the results of such an audit. 7. Th rates and prices charged by the lessee or its grantees for revenue producing activities shall be reasonable and comparable to rates - charged for similar goods and services by others in the community. The Government shall have the right to review such rates and prices and require an increase or reduction where it finds the objective of this paragraph has been violated. 8. The right is reserved to the United States, its officers, agents , and employees, to enter upon the premises at any time to make inspections concerning the operation and maintenance of the lands and facilities pro- vided hereunder, and for any purpose necessary or convenient in connection with river and harbor and- flood control work, and to make any use of the land as may be necessary in connection with public navigation and flood control, and the lessee shall have no claim for damages of any character on account thereof against the United States or any agent, officer or employee thereof. 9. The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the lessee, or for damages to the property or injuries to the person of the lessee's officers , agents, servants, or employees or others who may be on the premises at their invitation or the invitation of any one of them, arising from or incident to the flooding of the premises by the Government or flooding from any other cause, or arising from or incident to any other governmental activities, and the lessee shall hold the United States harmless from any and all such claims. 10. That 'at the time of the commencement of this lease, the lessee will obtain from a reputable insurance company, acceptable to the Govern- ment, liability or indemnity insurance providing for minimum limits of $50,000 per person in any one claim, and an aggregate limit of $100,000 for any number of persons or claims arising from any one incident with 3 I • L respect to bodily injuries or death resulting therefrom, and $10,000 for damage to property suffered or alleged to have been suffered by any person or persons resulting from the operations of the lessee under the terms of this lease. 11. The lessee or its grantees shall not discriminate against any person or persons because of race, creed, color, sex, or national origin in the conduct of its operations hereunder. The lessee has furnished as part of The Contract an assurance that it will comply with Title VI of the Civil Rights. Act of 1964 (78 Stat. 241) and Department of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations, and all grantees shall supply like assurances (Exhibit "G") 12. This lease is subject to all existing easements, and easements subsequently granted, for roadways , and utilities and for other purposes located or to be located on the premises, provided that the proposed grant of any easement will be coordinated with the lessee and easements will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the lessee. 13. The lessee shall comply promptly with any regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency and/or a State Water Pollution Control Agency having jurisdiction to abate or prevent water pollution. Such regulations, conditions or instructions in effect or prescribed by the Environmental Protection Agency or State Agency are hereby made a condition of this lease. 14. This lease may be revoked by the Secretary of the Army in the event the lessee violates any of the terms and conditions of this lease and continues and persists therein for thirty (30) days after notice thereof, in writing, by the District Engineer. Such a termination shall not derogate or diminish such other remedies in law as may be available to the Government and in no way shall it act to relieve the lessee of his responsibilities and obligations under The Contract. In lieu of revocation, the District Engineer, in his discretion, upon a finding tfiat a violation constitutes a health or safety hazard may suspend the use of that operation or facility until such deficiency is rectified. 15. On or before the date of expiration of this lease, the lessee shall vacate the premises, remove its property therefrom, and restore the premises to a condition satisfactory to the District Engineer. If, however, this lease is revoked the lessee shall vacate the premises, remove its property therefrom, and restore the premises as aforesaid within such time as the Secretary of the Army may designate. In either event, if the lessee shall fail or neglect to remove its property and so restore the premises, then its property shall become the property of the United States without compensation therefor, and no claim for damages against the United States, or its officers or agents shall be created by or made on account thereof. 4 • 16. All. notices to be given pursuant to this lease shall be addressed, if to the lessee, to The City of Miami Breash., Florida, -if to the Government, to The District Engineer, U. S. Army Engineer District, P. 0. Box 4970, Jacksonville, Florida 32201, or as may from time to time be directed by the parties . Notice shall be deemed to have been duly given if and when inclosed in a properly sealed envelope or wrapper, addressed as aforesaid and deposited postage prepaid (or, if mailed by the Government, deposited under its franking privilege) in a post office or branch post office regularly maintained by the United States Government. IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary pf the Army this 17th day of May , 1977 1:12ez_ lc; 4A 0,4_, CHARLES B. HOOPER, Chief, R l Estate Div. U. S. Army Corps of Engineers • Jacksonville, Florida District THIS LEASE is also executed by the lessee this day of ,�� �, ► y-- , 19 .7/ :, . THE CITY OF MIAMI BEACH, a body corporate • rr. BY •,/ (Title) ATTEST: HAROLD ROSEN BY )2,?•44/7.4.4_, C&14, J 5 • •• • • • A parcel of land lying in Section 10, Township 54 South, Range 42 East , Dade County, Florida, being a portion of the Corps of Engineers Reservation, niaiui Beach, Florida, being :,ore particularly described as follows: For a point of reference, commence at a point marked Monument A on the - north boundary of said reservation; thence S 65°13' E a distance of 302 feet more or less to the point of beginning. • From point of beginning run S 24°47' W a distance of 55 feet more or less, thence. N 65°l3' W a distance of 170 feet more or less , thence S 27°13' E a distance of 35 feet more or less , thence -S 65°13' E a distance 170 feet more or less , thence S 01010' E a distance of 350 feet more or less to the south boundary of said reservation, thence S 65°13' E a distance of 150 feet more or less to the shore line of the Atlantic • Ocean, thence northerly following the meanders of said shore line a distance of 425 feet more or less to a point which. bears S 65°13' E, 200 feet more. or less from the point of beginning, thence N 65°13' W 200 feet more or less to the point of beginning, containing 1.70 acres, more or less. • • • • • • • • • • • • • • • • • EXHIBIT "E" • • • • BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND PERPETUAL EASEMENT 4 No. 25637 (2679-13) WHEREAS, pursuant to application made by the City of Miami Beach, for a perpetual easement in and to certain lands held by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, being lands required for the construction and maintenance of recreation facilities, fishing walkway, Miami Beach, Florida, and pursuant to approval of said application by the said Board of Trustees of the Internal Improvement . Trust Fund on March 9, 1976; • NOW, THEREFORE, THIS INDENTURE, made this 1st day of April, A.D. 1976, between the Board of Trustees of the Internal Improvement Trust Fund, as grantor, and the City of Miami Beach, as grantee; WITtIESSETH: That the Board of Trustees of the Internal Improvement Trust Fund, for and in consideration of the sum of One and 00/100 Dollar ($T.00), receipt of which is hereby acknowledged, does hereby grant unto the said City of Miami Beach a perpetual easement, assignable to the United States of America, for the construction of a fishing walkway approximately 1325 feet long and 12 feet wide, with 40-foot platforms every 150 feet cantilevered over the jetty. A sewered comfort station will also be provided for the convenience of the public using the pier, subject to the conditions hereinafter set forth, in and to the follo:ring described land in Dade County, Florida, to-wit: A parcel of land being a portion of Miami Harbor, Dade County, • Florida, more particularly described as follows: For a point of reference, commence at Monument 1511-1 having coordinates of X=735,353.23, 1=521,057.01, thence proceed North 65°35'40" West, 44 feet to the Point of Beginning; from the Point of Beginning, proceed South 65°35'40" East, 196 feet, more or loss, to a point on the North Jetty; thence North 12°32'45" East, 102.18 feet to a point on a line which is 100.37 feet northerly of and parallel with the North Jetty; thence along said parallel line South 65°35'40" East, 1270 feet, more or less; thence South 24°24'20" Vest, 200 feet to a point; thence North 65°35'40" West, 1412 feet, more or less, to a point; thence North 6°08'18" East, 105.30 feet to the Point • of Beginning; containing 6.22 acres, more or less. • TFIIS tr15TnW.irNT WAS PREPARED pi Cov10 rrt(1 EMU( 0111101,10 7ALlq}{aSr.EE,FLOr10.\ 32304 • EXHIBIT "F" . . • This easement is granted subject to the following conditions, viz: (1) The rights hereby conferred shall be subject to any and all prior rights of the United States. (2) That no title to said land is conferred by this instrument. (3) That the grantee herein will not, in the construction and maintenance of said recreation facility, fishing walkway, damage or unduly interfere with public or private rights therein. (4) That the City of Miami Beach, in accepting this easement, covenants and agrees to comply with and abide bythe 9 P Y provisions and conditions . Z _ herein and assumes all responsibility and liability and agrees to save the State of Florida and the Board of Trustees of.the Internal Improvement Trust Fund harmless from all claims of djmaws arising out of this easement. j - In the event the land herein described shall cease to be used for the herein stated purposes, then the easement over said land herein granted shall become subject to revocation at the option of the Board of Trustees of the Internal Improvement Trust Fund. TO HAVE AND TO HOLD said easement unto said grantee, its successors and assigns, for the purpose herein set forth. Ill TESTIMONY ►•,'HEREOF, the members of the Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their names and have caused the official seal of said Board of Trustees of the Internal Improvement • Trust Fund to be hereunto affixed, in the City of Tallahassee, Florida, on this '26th day of April . , A.D. 1916. 1 /%/7////?: Governor , Zi/LL S• ary of- State J • (SEAL) Board of Trustees of the Internal Aga- oz.4?„L. Improvement Trust Attorney General Fund 4tcoier Page 2 of Easement No. 25637 (2679-13) EXHIBIT "F" - • • ‘--'' , -( c.:_iii t ,0 T reasurer r I } f j� 1.J .....06%.. \--c(?0,9._ n.y-ssoner of Education li . 4 . / -4 . _Oz./ ' a;mis5ion"er of Agri cu i cure / g As and Constituting the Board of Trustees • of the Internal Improvement Trust Fund of the State of Florida. 1, . 13 • . 1 1 .. 4 _ _ .. . _ _ . . . . . . . . _ . _ .. ..f . , . . l . . . • . . i4 . • r ._ . . . . . , - . _ _ _ i . ti i .• _ r r 1 Ir r • . r • • • Page 3 of Easement No. 25637 (2679-13) - EXHIBIT "F" 102/1 i n Dd REC PG 1979 JAN 16 AM 10: 29 QUITCLAIM DEED 79R 15150 The UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting by and through the Southeast Regional Director, Heritage Conservation and Recreation Service, under and pursuant to the power and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (63 Stat. 377) , as amended, and particularly as amended by Public Law 485, 91st Congress, and regulations and orders promulgated thereunder (hereinafter designated "Grantor") , for and in consideration of the perpetual use of the hereinafter described premises for public park and public recreation area purposes, by the City of Miami Beach, Florida (hereinafter designated "Grantee") , does hereby release and quitclaim to Grantee, and to its successors and assigns, subject to the reservations, exceptions, restrictions, condi- tions and covenants hereinafter expressed and set forth, all Grantor's right, title and interest in and to the following described property, consisting of approximately 16.87 acres, located in Section 10, Township 54 South, Range 42 East, ]fade County, Florida: PARCEL ONE For the Point of Beginning commence at a 10" square concrete monument located on the northerly boundary of the U. S. -Corps of Engineers Reserva- tion, being the westernmost corner of Lot 6, Block 4 of South Beach Park Subdivision as shown in Plat Book 6, Page 77, of the public records of Dade County, said monument designated "C" having coordinates of X- 784,440.39, - 784,440.39, and Y-521, 912.47. Said monument also lies approximately South 24°27'26" West, a distance of 592.30 feet South of, and North 65°36' 16" East, a distance of 554.97 feet west of the northeast corner of the northwest 1/4 of Section 10, Township 54 South, Range 42 East. From said Point of Beginning, thence run along the northerly boundary of said land South 65°36' 16" East, passing through a monument designated "A", at a distance of 713.87' , a total distance of 1,476.52 feet, mor.e or less, to its intersection with the erosion control line established for the Miami Beach renourishment project as shown on Dade County Plat File Number 24-5";42--12, Sheet 1 of 14, dated 25 July 1977; run thence South 23°41' 12" East, along said erosion control line and its extension, a distance of 630. 14 feet, more or less, to the Mean High Water line of the northerly shoreline of the "Government Cut" for the Entrance Channel of Miami Harbor; run thence northwesterly along said Mean High Water line on an approximate bearing of North 65°35' 19" West, a distance of 1,9/6.66 feet, more or less, to a point on the Mean High Water line which lies South 24°25'50" West, a distance of 50 feet, more or less , from U. S. Corps of Engineers monument "Wiggins"; thence run North 24°25'50" East, a distance of 50 feet, uore or less, to monument "Viggins"; 24°25'50" Ease, 370) 43 feet to monument "C" , and thence continue North the Point of Beginning. The above-described tract or parcel of land contains 16.52 acres, more or less. The bearings and distances stated herein are based on the Mercator Grid System of the East Zone of Florida. "EXHIBIT B" • PG 9 PARCEL TWO For a Point of Reference commence at monument "C" as described in Parcel One above, run thence along the northeasterly line of the U. S. Corps of Engineers Reservation, North 65°35' 12" West, a distance of 151.63 feet, more or less, to a steel pin set in concrete, designated monument "G"; thence run South 87'38'37" West a distance of 208.58 feet along the northwesterly boundary of the U. S. Corps of Engineers Reservation to monument "West", having coordinates of X-784,093.91 and Y-521,966.52, said point being the Point of Beginning of the tract being described herein. From said Point of Beginning, run thence South 57°41'41" West, a distance of 226.20 feet to U. S. Corps of Engineers monument "Virgil", having coordinates of X-783, 902. 72 and Y-521,845.63; thence continue South 57'41 '41" West a distance of 4.0 feet, more or less, to the face of an existing steel bulkhead and the approximate north shore of the Entrance Channel to Miami Harbor; thence run Northwesterly along the north shore of Miami Harbor on an approximate bearing of North 32°05'08" West, a distance of 132.34' more or less, to a point which lies South 87°38'37" West, a distance of 265.09 feet from monument "West"; thence run North 87°38' 37" East along the northwesterly boundary of the U. S. Corps of Engineers Reservation passing thru a concrete monument designated "F" at a distance of 121 feet, more or less, for a total distance of 265.09 feet to monument "West", and the Point of Beginning. The above-described tract or parcel of land contains 0.35 acr e, more or less. The bearings and distances stated herein are based on the Mercator Grid Systems of the East Zone of Florida. There are excepted from this conveyance and reserved to the Grantor, and its assigns, all oil, gas, and other minerals in, under and upon the lands herein conveyed, together with the rights to enter upon the land for the purpose of mining and removing the same. This conveyance is made subject to any and all existing rights-of- way, easements and covenants and agreements affecting the above described premises, whether or not the same now appear of record. To Have and to Hold the hereinbefore described property, subject to the reservations, exceptions, restrictions, conditions and covenants herein expressed and set forth unto the Grantee, its successors and assigns, forever. Pursuant to authority contained in the Federal Property and Adminis- trative Services Act of 1949, as amended, and applicable rules, regulations and orders promulgated thereunder, the General Services Administration determined the property to be surplus to the needs of the United States of America and assigned the property to the Department of the Interior for further conveyance to the City of Miami Beach, Florida. It is agreed and understood by and between the Grantor and Grantee, and the Grantee by its acceptance of this deed, does acknowledge its understanding of the agreement, and does covenant and agree for itself, and its successors and assigns, forever, as follows: _2_ PG 1070 1. This property shall be used and maintained for the public purposes for which it was conveyed in perpetuity as set forth in the program of utilization and plan contained in the application, submitted by the Grantee on December 6, 1978, which program and plan may be amended from time to time at the request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments shall be added to and become a part of the original application. 2. There is reserved to the U. S. Army Corps of Engineers the right of continued use and occupancy and right of removal of any or all buildings located on the premises for one hundred eighty (180) days following Grantee's conveyance of the property. 3. There is further reserved to the U. S. Army Corps of Engineers, in a 50' wide strip extending from the mean high water line landward along the North bank of the Miami Cut, a perpetual and assignable right and easement to construct, operate and maintain channel improvement works on, over and across the Land described, for the purposes as autho-- rized by the Act of Congress approved 13 June 1902, including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements and/or other obstructions therefrom; to excavate, dredge, cut away, and remove any or all of said land; and for such other purposes as may be required in connection with said work of improvement. 4. There is reserved to the Grantor all those contractual rights and benefits accruing to the United States from that certain document entitled "Contract Between the United States of America and the City of . Miami Beach for Recreational Development at the Existing North Jetty, Miami Harbor, Florida, Project" executed on behalf of the United States on 13 August 1976 and approved on behalf of the Secretary of the Army on ti 30 November 1976, as implemented by that certain lease from the Secretary of the Army to the City of Miami Beach, FL, numbered DAM 1.7-1-77--2, dated 17 May 1977, for a 50-year term commencing on 1 December 1976 and ending on 30 November 2026, covering 1.7 Acres of Government-owned fee land and certain easement interests and improvements thereon. Such rights and benefits include, but are not limited to, the enforcement of _3_ PG ' ,1 allP rovisions of said contract relative to obligations assumed by the 4-/C; City of Miami Beach for operation, maintenance and replacement of the 3 At improvements constructed under said contract for the 50-year term of said lease. 5. This conveyance is made subject to Lease DACW17-1-67-5 granted to Board of Pilot Commissioners and Port Wardens for use of 0.02 acre land together with Warehouse Building 7 and Garage Building 29 for observation tower for term of 10 years ending 14 April 1982 for $1500 rental per annum. 6. This conveyance is made subject to Lease DACW17-1-69-3 granted to the University of Miami for use of approximately 7,840 square feet of land and a boat landing dock (Structure No. 30) for a term ending March 31, 1979. 7. This conveyance is made subject to continued use and occupancy by the U. S. Coast Guard of a suitable land area and building, comparable to that presently covered by Permit DACW17-4-68-2 (a copy of which is attached as Exhibit A) , for so long as the Coast Guard shall need the use and occupancy of said land area and building for its radio D.F. calibration station. 8. The Grantee shall, within 6 months of the date of the deed of conveyance, erect and maintain aermanent sign or marker near the point of principal access to the conveyed area indicating that the property is a park or recreation area and has been acquired from the Federal Government for use by the general public. 9. The property shall not be sold, leased, assigned, or otherwise disposed of except to another eligible governmental agency that the Secretary of the Interior agrees in writing can assure the continued use and maintenance of the property for public park or public recreational purposes subject to the same terms and conditions in the original instru- ment of conveyance. However, nothing in this provision shall preclude the Grantee from providing related recreational facilities and services compatible with the approved application, through concession agreements -4- wM PG ' 7 • entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the Secretary of the Interior. 10. From the date of this conveyance, the Grantee, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth the use made of the property during the preceding two-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports and as further determined by the Secretary of the Interior. 11. If at any time the United States of America shall determine that the premises herein conveyed, or any part thereof, are needed for the national defense, all right, title and interest in and to said premises, or part thereof determined to be necessary to such national defense, shall revert to and become the property of the United States of America. 12. As part of the consideration for this Deed, the Grantee covenants and agrees for itself, its successors and assigns, that (1) the program for or in connection with which this Deed is made will be conducted in compliance with, and the Grantee, its successors and assigns, will comply with all requirements imposed by or pursuant to the regulations of the Department of the Interior in effect on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of the Civil Rights Act of 1964; (2) this covenant shall be subject in all respects to the provisions of said regulations; (3) the Grantee, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant, and (5) the Grantee, its successors and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or other arrangements with the Grantee, its successors or assigns, is authorized to provide services or benefits under said program, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himself the same obliga tions as those imposed upon the Grantee, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary • -5- PG 1073 of the Interior, or his successor; and that this covenant shall run with the land hereby conveyed, and shall in any event, without regard to • technical classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, . and in favor of the Grantor and enforceable by the Grantor against the Grantee, its successors and assigns. 13. The Grantee agrees to comply with the requirements of Public Law 90-480 (82 Stat. 718) , the Architectural Barriers Act of 1968, as amended by Public Law 91-205 of 1970 (84 Stat. 49), to assure that development of facilities on conveyed surplus properties for public park and recreation purposes are accessible to the physically handicapped; and, further assure in accordance with Public Law 93-112, the Rehabili- tation Act of 1973 (87 Stat. 394) , that no otherwise qualified handi- capped individual shall solely by reasons of his handicap be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 14. Grantee shall be on the lookout for archaeological artifacts during its construction activities and shall take appropriate action should any artifacts be discovered. 15. In the event there is.r a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by the legal or other inability of the Grantee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, title and interest in and to the said premises shall revert to and become the property of the Grantor at its option, which in addition to all other remedies for such breach shall have the right of entry upon said premises, and the Grantee, its successors and assigns, shall forfeit all right, title and interest in said premises and in any and all of the tenements, hereditaments and appurtenances thereunto belonging; provided, however, that the failure of the Secretary of the Department of the Interior to require in any one or more instances complete performance of any of the conditions or covenants shall not be -6- •• PG • construed as a waiver or relinquishment of such future performance, but the obligation of the Grantee, its successors and assigns, with respect to such future performance shall continue in full force and effect. IN WITNESS WHEREOF, the Grantor has caused these presents to be • executed in its name and on its behalf this the g day of CrPAiii, 19 'x(/ UNITED STATES OF AMERICA acting by and through the Secretary of the Interior Through: Robert M. Baker Southeast Regional Director Heritag Conse vation and Re ation Service By Ai WITNESSES: Ai LflL _ ' /2/2 f • • '/ •.- fit•rr L �...-(_ . STATE OF ss COUNTY OF 7----uL.-1--CA/ ) On this day of ,ice^'1 4k7 , 19 .-4, before me, the subscriber, personally appeared J. -- -- 4--�-ittp> :FZ ul• Heritage Conservation and Recreation Service, or the United States Department of the Interior, a governmental agency of the United States of America, and known to me to be the same person described in and who executed the foregoing instrument aforesaid, as the act and deed of the United States of America, for and on behalf of the Secretary of the Interior, duly designated, empowered and authorized so to do by said Secretary, and he acknowledged that he executed the foregoing instu:nent for and on behalf of the United States of America, for the purposes and . uses therein described. • /,1 , /. , • 41 y , e My commission expires: N,.tary C. C' 1_207,c ia`l. :� l.,_7 lS k` y • _7_ w t , The foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements therein contained. r 00°' c STATE OF FLORIDA ) ss COUNTY OF DADE ) tL On this /0 day of CI Ci, , 1979 , before me, the undersigned Officer, personal appeare Gavin W. O'Brien to me known and known to me to be the -Ame person whose name is subscribed to the foregoing acceptance, who being by me duly sworn, did depose and say that he is the City Manager of the City of Miami Beach, Florida, that he is duly designated, empowered and authorized by Resolution No. 78-15789 of the City Commission of the City of Miami Beach, Florida dated December 6, 1978 to execute the foregoing acceptance and sign his name thereto; and that he signed his name thereto and acknowledges that he executed the foregoing instr_ument for and on behalf of the City of Miami Beach, Florida for the purposes and uses therein described. :7-)7/ 0,-KatGet -),_ 0.-Aitt-fue6- NOTAR D CLIC My Commission expires: �.' . ► NOT A rY pt 1TO l' STA IF OF rl r-v ?( V h., CQrvm.t S1 ON EXPIRES OCT .16 1981 • — Ili)rj:l::r :1 tic;r;,f•-•.D,At 1N', uNr,ER vvR(Tt RECORDED IN OFFICIAL RECORDS BOOK OF DADE COUNTY, FLORIDA. RECORD VERIFIED RICHARD P. BRINKER, Clerk Circuit Court -8- Supplemental Agreement No. 1 Department of the Army Lease No. DACW17-1-77-2 Miami Harbor, Florida Project THIS SUPPLEMENTAL AGREEMENT, made and entered into by and between the Secretary of the Army, party of the first part, and the City of Miami Beach, Florida, party of the .second part. WITNESSETH: WHEREAS, on the 17th day of May 1977 , by Lease No. DACW17-1- 77-2 , the Secretary of the Army leased to the City of Miami Beach, Florida, for a term of fifty (50) years, commencing on 1 December 1976, and ending on 30 November 2026, the use of approximately 1. 70 acres of Government-owned land, together with use of public fishing improvements constructed by the United States on the North Jetty, Miami Harbor, Florida Project, consisting of approximately 6. 22 acres of land and water areas; and WHEREAS, the 1. 70 acres of Government-owned land has been conveyed to the City of Miami Beach, Florida; and WHEREAS, it is now desired to amend the lease to provide for the reduction of acreage. NOW, THEREFORE, Department of the Army Lease No. DACW17-1- 77-2 , is hereby amended as follows: The granting clause is deleted in its entirety and the following substituted therefore: "THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of Congress approved 22 December 1944 , as amended (16 USC 460d) , and the Federal Water Project Recreation Act, 79 Stat. 214 (16 USC 460L-13) , and pursuant to a contract entered into on 6 August 1976 , by and between the United States of America, and The City of Miami Beach, Florida (hereinafter referred to as The Contract) , hereby grants to The City of Miami Beach, Florida, a lease for a period of fifty (50) years commencing on 1 December 1976 and ending on 30 November 2026 for the use of public fishing improvements constructed by the United States on the North Jetty, Miami Harbor, Florida Project, with access to and use of the area upon which said improvements are located, consisting of approximately 6. 22 acres of land and water areas identified in blue on Exhibit "J" attached hereto and more fully described in Exhibit "F" , and subject to all terms and conditions of this lease. The United States acquired a perpetual interest in said jetty area to construct the improvements hereby granted; from the City of Miami Beach, by easement, dated 9 August 19Th, filed in the public records of Dade County, Florida. " "EXHIBIT C" Except as provided herein, all other terms and conditions of said lease shall remain unchanged. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army this L day of A / '/L 1993 . atab:9'- altit)11-‘ • MARSHA F. CHIVINGTON, Acting Chief, Real Estate Division U. S . Army Engineer District Jacksonville THIS SUPPLEMENTAL AGREEMENT is also executed by the lessee this 22nd day of February 199 3 THE • TY OF MI • ' BEA ATTEST: B •' ` gy; S y o r Gelber, Mayor Richard E. Brown (Ty•e: Name and Title) City Clerk FORM APPROVED LEG DEPT. 6y 92 Date 92-- /2" Off?T r i m RESOLUTION NO. 93-20700 • Authorizing the Mayor and City Clerk to execute supplemental agreement No. 1 to f the existing Department of the Army lease No. DACW17-1-77-2. _ t •