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Resolution 93-20987 I ; t RESOLUTION NO. 93-20987 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO CONTINUE WITH NEGOTIATIONS FOR A SECOND AMENDMENT TO MARINA LEASE AGREEMENT, AND AUTHORIZING A SECOND EXTENSION TO THE FIRST AMENDMENT TO MARINA LEASE AGREEMENT FOR A PERIOD NOT TO EXCEED EIGHT (8) DAYS, SAID PERIOD COMMENCING ON DECEMBER 7, 1993, AND ENDING ON DECEMBER 15, 1993. WHEREAS, on June 24, 1983, the City entered into a Lease Agreement with Carner-Mason Associates ("Carner-Mason") , for the purpose of leasing land for the construction and development of the Miami Beach Marina (the "Marina Lease") ; and WHEREAS, pursuant to a foreclosure of a mortgage on the Marina Lease, Tallahassee Building Corporation ("Lessee") acquired the interest in the Marina Lease previously owned by Carner-Mason; and WHEREAS, on October 23 , 1991, the City and Lessee entered into a First Amendment to Marina Lease Agreement (the "First Amendment") , agreeing to modify certain terms and conditions of the Marina Lease; and WHEREAS, pursuant to the First Amendment, on or before the date which is two years after the date of execution of the First Amendment (or October 23, 1993) or within thirty days after receipt of all necessary permits for the construction of the Dry Stack Facility for the Miami Beach Marina, the Lessee must elect to either terminate the Marina Lease or proceed with its plans, as required by the First Amendment, to complete the final design and permitting, as well as construction of, the Dry Stack Facility (the "Second Election Date") ; and WHEREAS, Lessee has been proceeding over the last year in obtaining the necessary approvals to construct the aforestated Dry Stack Facility; and WHEREAS, Lessee's proposal for the Dry Stack Facility has been met with great concerns on the part of the Miami Beach Housing Authority which, when combined with other significant economic factors, has prompted Lessee to explore with the City the possibility of foregoing its right to build the Dry Stack Facility, as currently required by the Marina Lease if the long term parking • 1 needs of the Marina can be met on the Dry Stack site and the Max ina uplands; and WHEREAS, pursuant to the terms of the First Amendment, the City is also required to provide up to 1, 000 parking spaces and a , pedestrian overpass for the Miami Beach Marina needs, upon the development of the Marina uplands, and this requirement, while previously negotiated as part of the First Amendment is, in light of the currently critical parking situation within the City, proving to be a burden and hardship for the City; and WHEREAS, the Administration and City Attorney's office have determined that the aforestated issue should be presently addressed with the Lessee, and that a Second Amendment to the Marina Lease Agreement be negotiated to adequately resolve same; and WHEREAS, in order to provide the. Administration and City Attorney's Office with sufficient time within which to meet with the Lessee and negotiate mutually agreeable terms and conditions for a second amendment to the Marina Lease Agreement, the Mayor and City Commission approved Resolution No. 93-20945 providing for an extension to the First Amendment to the Marina Lease up to and including December 7, 1993 ; and WHEREAS, in order to provide the Administration and City Attorney's Office with additional time to continue negotiating a Second Amendment to the Marina Lease Agreement, a second extension would be necessary, such extension commencing on December 7, 1993 and continuing for a period not to exceed eight (8) days, and ending on December 15, 1993 ; and WHEREAS, during the aforestated additional eight (8) day extension period, all terms and conditions of the Marina Lease and First Amendment will remain in full force and effect, provided that all parties thereto will be excused and released from any default, either implied or expressed, under both agreements, as the result of any delays in all matters related to the construction of the Dry Stack facility during the aforestated negotiating period. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and 2 f i t f City Commission herein authorize the City Manager and the _City Attorney to continue with negotiations for a Second Amendment to Marina Lease Agreement, and further authorize a second extension to the First Amendment to Marina Lease Agreement for a period not to exceed eight (8) days, said period commencing on December 7, 1993, and ending on December 15, 1993. PASSED and ADOPTED this 1st day of December 1993 . MAYOR ?7ST: ' AI.A, NA CITY CLERK c:\wp51\1d\mar2amdex.res FORM APPROVED LEGAL DEPT. By • '- Date ' ' 2-“3 3 • • OFFICE OF THE CITY ATTORNEY • 674 ifyi Am. wear% F L O R I D A 0*kINCOGP rzD LAURENCE FEINGOLD \ P.O.BOX O �7 '� MIAMI BEACH,FLORIDA 33119-2032 CITY ATTORNEY H26 TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMO NO. 1.C3� -q DECEMBER 1, 1993 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION ROGER M. CARLTON, CITY MANAGER / FROM: LAURENCE FEINGOL • CITY ATTORNEY RE: MIAMI BEACH MARINA DRY-STACK ELECTION DATE As the Commission is aware, on October 20, 1993 the City Commission and the Redevelopment Agency extended from October 23, 1993, for a period of, 45 days, the "Election Date" under which the Marina Lessee had to decide whether or not to commit to the construction of the Dry Stack Facility. The attached resolution extends up through and including the date of December 15, 1993 for this Election to occur due to our on-going negotiations with the Marina Lessee regarding the construction of the Dry Stack and the provision of parking spaces required to be furnished under the Lease. It is recommended that the extension up through and including December 15, 1993 be approved. LF:jm Attachment c:\wp51\jd\mbmelec.mem 228 AGENDA ITEM DATE - I '13 700 CONVENTION CENTER DRIVE - FOURTH FLOOR- MIAMI BEACH. FLORIDA 33139 I 4 OFF: I650913694 ;This Instrument Prepared By: Diane C. Rogowski Bureau of Land Management Services 5'4 R 6 24- £7 4 SEr 13 14:30 3900 Commonwealth Boulevard Mail Station No. 130 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA MODIFIED SOVEREIGNTY SUBMERGED LAND LEASE • NO. 130765469 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to THE CITY OF MIAMI BEACH AND THE CITY OF MIAMI BEACH REDEVELOPMENT AGENCY , hereinafter referred to as the Lessee, the sovereign lands described as follows: A parcel of sovereign submerged land in Section(s) 03 , Township 54 South , Range 42 East , in Biscayne Bay Dade County, containing 1,648,911 square feet, more or less, as is more particularly described and shown on Attachment A, dated February 11, 1994. 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 liveaboards, as shown and conditioned on Attachment A, and the Department of Environmental Protection Permit No. 132315546, dated November 18, 1993; modified February 4, 1994, Attachment B. . 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 fees 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. Return recorded document to: Carter N. McDowell, Esq. Eckert Seamans Cherin & Mellott LM-5 02/15/94 [01] 701 Brickell Ave., 18th Flr. Miami, FL 33131 , 1 • • ; A SEE I6509P13695 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. 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 addresses: City of Miami Beach The City of Miami Beach 1700 Convention Center Drive Redevelopment Agency Miami, Florida 33139 1700 Convention Center Drive 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 Page 2 of 30 Pages Sovereignty Submerged Lands Lease No. 130765469 0". f 6509PG.3696 • REC. lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 16. The Lessee shall maintain the leased :premises in good condition, keeping the structures and equipment located"thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier Shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be, subject to inspection by the Lessor or its designated agent at any reasonable time. 17. The Lessee shall not knowingly permit any vessel required to be registered or titled under Florida law to moor or dock within or otherwise use the leased area unless such vessel is registered or titled in accordance with Chapter 327 and 328, Florida Statutes. 18. The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and use as an adjunct of the leased area. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor, in the form eatforth in Attachment C , in a prominent and visible location on the leased premises or adjacent business office to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thereof) , to notify the Lessor in writing, so that a replacement may be provided. 19. No failure, or successive failures, on the part of, the Lessor to enforce any provision, nor any waiver or successive 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 beat 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. Page 3 of 30 Pages Sovereignty Submerged Lands Lease No. 130765469 6 • al: 16509PC3697 DEC. C 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 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. Lessee 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 post 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 Lessee shall not undertake any repair or renovation activities within the leased premises without first obtaining the written, consent of the Lessor. Unless specifically authorized in writing by the Lessor such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Rule 18-14, Florida Administrative Code. 29. 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, Lessee 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 Lessee 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 30 Pages Sovereignty Submerged Lands Lease No. 130765469 • ♦ I • i ` °`Lf fi09PG3698 44y�. g. Pp,ay WITNESSES: - BOARD OF TRUSTEES OF THE hNTE �,r7s-m* e, ',.. �� IMPROVEMENT TRUST FUND O) T,H°F$bgTA'TE.OF'.•` 1.' j,/>VP4*. - rye to _tt_,_. FLORIDA : :` IL .®', ':" • Original Signature „,•: (SEAL) `. Typed/Printed Name o�itness BY he, •- 7..• tea 0' .. : r .�'` hn R. Peterson, Plarin a4ager ,y .. • " l Oie. ureau of Land Managemer}t*Ileum ides, , 0 Division of State Lands,',Age�nt fo .' he' Original Signatu Board of Trustees of, the •InternahW.a*" Improvement Trust Fund • 2i "�1E•r"t° ''` .7)1 A'lu6- POG—O&< SE / "LESSOR"' Typed/Printed Name of Witness • STATE OF FLORIDA ' COUNT OF LEON • T going inst nt was acknowledged before me this 2�' day of , 19 hr ,, by John R. Peterson, '•lannina Manager who s pe sot.ally kno to me and /. • RO AS TO FORM AND GALITY: • ►�� NotarA ublic (SEAL) S -. ,Mbf Florida t L ge �DEP AtVorney\ w a / / c, �D Ty d/Printed a e of Notary Public 411E1t* SYLVIA Y.SCOTT _., ft 11 MY COMMISSION N CC295550 EXPIRES My Commission Expires: .,-�:o July 25,1997 j 2. ) /99� %'of 1;d:'- BONDED THRU TROY FAIN INSURANCE,INC. �nN Commission No. e 2/...c ,5 U • Air li 4fr WITNESSES: TH tt •F MIAMI BEAC / /SEAL) Le=4.- � ,L ,.� BY O ginal Signature/ origin- '.ignature of Executing Authority -Qvl the M,l\ ( YlS k— o_ ,or Typed Printed Tame of Witness Typed/:• inted Name of Executing Authority /�, ►� "LESSEE" Original Sig ture Typed/Printed Ntsneof Witness STATE OF F Lo6�p-1N} COUNTY OF 1�A C. The foregoing inst,cgment was acknowledged before me this 34 day.of d`\Ne_C}1. , 19 'Ili by MRIbc JfG�*1V)LSz /aEL. MR. , so is/fare .,', personally known to me. • I .129iil,4f;1.,1 My Co ssio Expires• OVA— \>C3. NARY FUBnlR:51A1E OF FLORIDA Nota y Public •';`.4.e, C'''r§t�3;,o' '1':. • MY COMMISSION EXP MAY 21,1994 BONDCD TIIRU GENERAL INS.UND. k)(��1.i , 'j(yu(8 ;q'AY m LC�,r tl'6ti 1 Commission No. Typed/Printed Name of Not ry fIAl : ' o" +1 n.ems State of FLORINPr at Lame. 0-4.,as- f- n00 t�a0jOO��*6: •y°a. ,1.2lri�tet21"to,' ' Page 5 of 30 Pages Sovereignty Submerged Lands Lease No. 130765469 • • • PE �°,C.F• 1650913699 THE, f Y OF MIAMI B14 H WITNESSES: RED 4i LOPMENT AGENCY / SEAL Le �/ _ _ BY� /_ � .l / ILL O 'ginal Signature •. igi' al S nat-mwe of Executing Authority GZXI l w(_ Nl( I I v Nl Chairman Type Printed Name of Witness Typ-d/Printed Name of Executing Authority "LESSEE" Original Sign ture OHS )$ M Typed/Printe Name of Witness STATE OF F LOQA 1�A COUNTY OF b The foregoing ins ment was acknowle ged before me is - day. of Av- , 19 , by Scy MOU (50-8 , who is/ar-e personally known to me. �,� . aata 'isra My Commission Expires: y, o Nota y Public .,q/4)1,,s �SE. SEA ) ''NOTARY PUBLIC STATE OF FLORIDA "� ... MY COMMISSION EXP MAY 21.19.g4 • ;p Sa . , ; ' UUNDED*MU GENERAL INS.UND. r -A • .� Commission No. Typed/Printed Name of Notary. , Rpli=c �LO I IA , State of' 9 CW: , 1•Vit 11/11):6rF1{ 00' • • Page 6 of 30 Pages Sovereignty Submerged Lands Lease No. 130765469 • I . ( r-1 tt i H - z 0 BOUNDARY SURVEY MIAMI BEACH MARINA GRAPHIC SCALE W W 1-3 - 0 a INTERNATIONAL YACHT HARBOR ,;.MR)a ca. r=i • ALTON ROAD(IOWR/MI) .I. ——— — -,� NON.Yp. NA►AAa O r l\ _ .-- . - J • I. : g: 0. '' •1- a ' • • III , b ' �$ : o 1111111.. Illm ; = '• . - Li a I(l� El f 1 .. ? • IJ 1. �' 1' 'O 2 �{ ~Ri� .e E a , wren enu ww. - g f, • r# �"If••••+Atu �I . 111: :wu.. ia.mt roa 1[Nt MCA 7 • —71 Y a `tee—���_res��A� "T':�=.'�, �` -: :<N�!* i.-.-.-- .. _ 7f�. /�► r^Gs ,. • :1 g. _ - - •` .r�1_::: '•=•iQ., � ,..av nt.m -�'—.: t : . . .. c�-)�1 l •. . . • • • • likr .Pro•••_ •b_.: •emote l'Er .••Mjfi..--.-. • ./ . . li • .. . ........m. . • • • i__17. "rANT'.". 9 • • Y. ne w r •• v • . �.. C� . . u tow,t.rA Ir,[ ci w.• . • • _� . . : : g: . . . . . �.: . _.._. . g: . g: g g _ : g CD • •• MARINA LEASE AREA X0.4 .MOW( I.1. 1 ...,.,Df .n•• . ( .memirr. . .. Ef•/-— w:-->"" -.7.7. m —2C+/- • I BISCAYNE BAY !g • .••_..10 2M:•.,..•.-1 ._A•.•_..R::a.I• _ 1•211,■••••n Y-WWII al ill:I.aMI.,.Q••:Y.C.• • •slsln'fe. '/fCt.,fDttlT Ml V meow M M MM pt/V.. . um soft...or4,,w1�o~I.•to IN boa 0 1.wc1.p•N II WWI wool. M. *Too.iol 1A..Aw•t wM INA N.11••M1 UM S. r aim.Maio Stow..1 tom•• / •,•tH LAC w oElIo1A<TM1E3 • ' �� t.+C.Av..•Nu pli� DM I. LOCATI 1MI Or IINNOKNENTD OTNOI TIM TI107[Slow PAL NOT KIWI THE o TA rA yCDoC or Q s.IYEx LEGEND !tM=4•t l.•w IAA Sty f.I w 2. LOCATION DI ALL MItO1QdTS ANC TAKEN 1AO1 TMC WRYLY aT TL•I.Rill IMTTAImI, c CNN •Dec.DATED YAK 2.1Il AP-AAP 91OW11w[ 1 LCCJITM}I Or 000c;XANALL7,IICAM NO,NAM LPL PR/•OIL ETC./[RTICNT TO - IQTMw10 1NL R�� ALKTIIIXT MESIMANNI RINITTNIC NCACOAt•(D Dr Num,.O.otA11Y a ASSOC-►.A.Ott CHRISKF.TI MARINE MANAGEMENT. INC. NNt DEDEINBEN SI IN1. I COIDrzS rOIM Mal MA +1n.m 4lsT•�no•_VAS 86•410.2 •wrtT�nTIo1.AaA a ALL r•CSCLEYATIONSBASE TON ON N.ara. r ll• INTERNATIONAL YACHT HARBOR S. f=ARIIIOS BASED ON I[Sr ROR-ff-WAY ILK ALTO/110.0 1177Yt'ls'R DEMOTES fOVMD ROM NA s IA EALco H,t�I•I I IOL REAL cow. I MIAMI BEACH MARINA - YeAIR,L A ma D A%c1A r.• ... alai TR rIDa Y s0 ..1150 ro-01 y/wpy@ ma.t•or nl vs ass.Ir.IL S AL t • - (MTD A..) .�—,R ITT �IMf I, l.r -• , •;02-i5-1994 01:01PM FROM McANLY,ASHER & ASSOCIATES TO 19044883379 I tik, PEC: I 6509PG370 I ASSO�ATESHPA ats LEGAL 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 S89005tO011W . along the South line of said Lot 1 , Block 111 for 260 . 00 feet to a point on the East waterline of Biscayne Bay, said point also being the POINT OF BEGINNING of the Tract of land hereinafter described; thence run N32 °12 ' 16"W, along a line 300 . 00 feet West of and parallel to the Westerly Right-of- Way Line of Alton Road for 2 , 159 . 28 feet to a point; thence run N28 °29 ' 08 "W for 323 . 93 ' feet to an intersection with a line= that is 35 . 00 feet Northerly of and parallel to the North line of a Lot designated `49 B as shown on the AMENDED PLAT of LOTS 43 to 50 , BLOCK 111 , OCEAN BEACH, FLA. , ADDI- TION NO . 3 as recorded in Plat Book 14 , Page 70 , of the Public Records of Dade County , Florida ; thence run N88 ° 07 ' 28 "W for .35 . 69 feet ; thence run S57 °47 ' 44 "W for 254 . 60 ' feet; thence run N32 °12 ' 16"W for 20 . 00 feet; thence run S57 ° 47 ' 44 "W for, 300 . 00 feet to a point ; thence run S32 ° 12 ' 16 "E for 1 , 154 . 00 feet to a point ; thence run S57 ° 47 ' 44 "W for 150 . 00 feet to a point ; thence ' run S32 °'12 ' 16 "E for 500 . 00 feet to a point ; thence run N57 ° 12 ' 16 " E for 150 . 00 feet to a point ; thence run S32 ° 12 ' 16 " E for 912 . 00 feet to a point ; thence run S67 °48 ' 22 " E for 347 . 79 feet to a point ; thence run N57 °47 ' 44 "E for 360 . 62 feet; more or less, to other lands of the City of Miami -Beach; thence run N32 ° 11 ' 37"W for 326 . 25 feet , more or less , by other lands of the City of Miami Beach, to the Point of Beginning ; containing 1 , 648 , 911 square feet (37. 88 acres) , more or less. • Pr red by.: 4Q g. iVz12.9.6-,.- Carol E. Nelson, P.L.S. Florida Reg. No. 5013 Date: July 5, 1992 Rev. : Dec. 17, 1992 ,.,..I,,,,,,,,,,♦11. ., t r NO. 501 F ,•x: a7 ti1'E OF = • •A` • 5101 Tam iami Trail East,Suite 202 Naples Florida 33962 • (813)775-0723 Fax(813)775-9236 Attachment A PAGE 8 OF 30 PAGES TQ• SSLL NO. 130765469 r.osntt•--war lax Uransmillal memo 7671 1*of paps• .� 'OFF. 16 09?c3702 r��z�di �Te • r Frone +� �[ co. JAGOPN1v hv -Acit e rc • 4v, Environr Dept. ena P• in-0 gr/ - 401,wt.'" 1801 S.E. Ira 1.1l..w�•. , .. Port St. Lucie, Florida 34952 Virginia li.��- �Iherrll 1,invi nt(:{tilci Guvernt"• (407)x71;-7662 Sautuutry (407)335.431U FEB 0 4 1994 City of Miami Beach WRM - Dade county 1700 Convention Center Drive • • . Miami Beach, FL 33139 Re: Permit No. 132315546 Gentlemen: MODIFICATION This office has completed the review of your request to modify the referenced Permit No. 132315546. The project description is hereby modified to read as follows: Construct a 7,414 square foot floating dock facility within an existing marina. The access pier will measure 820 ft. long by 8 ft. wide; two sections of the pier 30. ft. long by 8 ft. wide; (2) 36 ft, long by 4 ft. wide gangways; a 40 ft. by 4 .7 ft. finger pier and a 30 • •ft. by 4.7 ft. finger pier. In addition, three existing 30 foot long finger piers will be removed. • • The proposed modification is not expected to result in any additional or significant water quality/biological resource degradation. By copy of this letter and the attached drawings, we are notifying all necessary parties of the modifications. • This letter of approval does not alter the expiration date, Specific or General Conditions, or monitoring requirements of the permit. This letter and accompanying drawings must be attached to the original permit. A person whose substantial interests are affected by this order may petition for an administrative proceeding (hearing) in accordance with Section 120 . 57, Florida Statutes (F.S. ) . The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 2600 Blair Stone Road, Tallahassee Florida 32399-2400, within 14 days of receipt of this order. Petitioner shall mail a copy of the petition to the applicant at the address indicated above at the tine of filing. Failure to file a petition within this time period shall constitute a waiver of any ' right such person may have to request an 'administrative proceeding (hearing) under Section 120.57 F.S. • t h•intul..n rer-rnt.,I pnytr• • • • l ' t • • Attachment B Page 9 of 30 Pages • SSLL No. 130765469 • r r • "F. 16509[13703 Modification File No. 132315546 Page Two • The petition shall contain the following information: (a) The name, address, and telephone number of each petitioner, the applicant's name and address, the Department Permit File Number and the county in which the project is proposed; (b) A statement of how and when each petitioner received notice of the Department's action or proposed action; (c) A statement of how each petitioner's substantial interests are affected by the Department's action or proposed action; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Department's action or proposed action; (f) A statement of which rules or statutes petitioner contends require - reversal or modification of the Department's action or proposed action; and; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Department's action or proposed action. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly; the Department's final action may be different from the position taken by it in this permit. Persons whose substantial interests will be affected by any decision of the Department with regard to the application have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 14 days of receipt of this notice in the Office of General Counsel at the above • address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Section 120.57, F.S. and to participate as a party to this approval of the presiding officer upon notion filed pursuant to Rule 28-5.207 Florida Administrative Code (F.A.C. ) . • • Attachment B Page 10 of 30 Pages SSLL No. 130765469 16509P63704 • • O;F. ' 4 REC. Modification File No. 132315546 Page Three This Order is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above paran-rAnha nr unless a request for extension of time in which to file a petatlon au i.L.L u W1Lllili trio timo apc.citiuc3 v� llli..y .� j+vLibical ..:a conforms .to Rule 17-103. 070, F.A.C. Upon timely filing of a petition or a request for an extension of time, this order will not be effective until further order of the Department. When the Order is final, any party to the Order has the right to seek judicial review of the Order pursuant to Section 120. 68, F.S. , by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate procedure, with the Clerk of the Department in the Office of General Counsel, 2600 Blair. Stone Road, Tallahassee, Florida 32399-2400; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Arraeial - The Notice of AD1 .a). mast be filed within 30 days from the date the. Final Order is filed with the Clerk of the Department. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Mary S: Williams Dircd4- r of Diatx•ict Management Pval O.C.ic:c Dvx Went Palm Beach, Florida 33416 Telephone (407) 433-2650 MESW: jkw cc: U.S. Army Corps of Engineers, Tampa Department of Env. Protection, State Lands, WPB Phoenix Environmental Group Dade County Environm .nta3 Resource Management Miami Beach Housing Authority Attachment B • Page 11 of 30 Pages SSLL No. 130765469 . .. , . . . .. . . . t. , . . . . . . PI 65091'63705 • , , • „, • . BISCAYNE hiAy _ MIAMI ESEACH PROJECT' • LOCATION • . V I°. % ,r.. ATLANTIC \\\ ( ..1.//v --• \ \\\ -5- • ,' '1, OCEAN 1r '....77 .,:::. :14..........\4' .:: '' '''?•\ ........S:.......... ‘ ....cm ...._, __.......// ) ... ... ...••........ Is%.... • ..... _L ...... .. ---=.--ll--.. ..,............s....,.............. ,, ... -. .. .. ... -. • ... ...;:z....%.... ...... FISHER ... . . ... .... ISLAND ... ...... . ... . ... . . ... . , ) . 4",.::: -.......,:.-Z\ -...1.--- .----;:........ , ,•'=.7:1323/,55- \'''N, - ((c,v ..k.,/,,,•%._p0A4-1— VICINITY MAP.. 1..././ . . ..:.1 ... . (REF NOAA NAUTICAL CHART 1146_8),: ;3- - -- ___../..,...., . • \• .....!,. 1 6, ..y.. .. . APPLICANT: CITY OF MIAMI BEACH PURPOSE:CONSTRUCT FLOATING DOCKS WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK El MAINTENANCE E COUNTY: DADE COUNTY SHEET NO. 1 OF 4 DATUM: MSL/NCVD DATE: 1/12/94 Attachment B Page 12 of 30 Pages SSLL No. 130765469 -.,..... l • • - . • F. 16509[13706 ;P,EC. Y ' I • . . i. i ' I . D. r I 11 . IL ii L ft II ' 11 . .11. • • i _........,.. ;--. ! . k 1. I.i , i] ; �If • If . i i .c, ....._ il jm u ' .0-.O _._.. O� • }S ) td g ; b i " \ • ..,-..... -......... . ' .• i'.g i—1!81 t ! P2 • . • . /c:•:.,•••' •,_ .,../ \ I�m {{ „II �� • I . _. 1 I y.r•r�i 0 R 0011. 1 I E 2�Y la � 1 kg J � t • FD U _ W I • VgiY. APPLICANT: CITY OF MIAM1 BEACH PURPOSE:CONSTRUCT FLOATING DOCKS WATER BODY: ' B1SCAYNE BAY MELOY CHANNEL ORIGINAL WORK n MAINTENANCE COUNTY: DADE COUNTY SHEET NO. 2 OF 4 DATUM; . MSL/NGVJ • DATE: 1/12/94 • • 1.. Attachment B. Page 13 -of. 30 Pages . SSLL No. 130765469 ' aFF1609113707 . u. g , • • W\/ k R '• 00 -to— o� ►- ,��, �,I�• z •�** w �..r o.- �FE � COW Do :\� cc rx E .ice• 04 seir • o�0 :121 e�`i Q ,�. ...isag>• it ...... \- 1 • ' -C%4 ..." • e/f , :.....4. ...,.., , , .. /. ,..1' --v.-a,„ - v• cn u-i _ exii\ l,i() ., -.I ''''..*.-1:-El•••0--- - aa. 7/:-:,-; :.,.. . u _ .. , 1, ..v...,::;-; ....7 ...I OR'•%., 11 % , `• './ • APPLICANT: CITY OF MIAMI BEACH PURPOSE:CONSTRUCT FLOATING DOCKS WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK ' MAINTENANCE E COUNTY: DADE COUNTY SHEET 140. 3 OF 4 DATUM: MSL/NGVD DATE: 1/12/94 • • Attachment B Page .14 of 30 Pages • ' SSLL No. 130765469 F• 65091'2108 . 1 ,i, 1 Z 0 • .\S ,,O �p W ,/\ 4. �d0 3V7 / - .1.• i ,; 1 IiP/ ' Ilry i\ • = / / ..:• = •1• AS :x z C • 1 I• '.\\§ -, Imo' / \1 / Q II • • . ! r - U \. M C/) .A / .....- :1,; ' • > •\> -IL • • r . ::...i..,... • ‹ ....„........... ---„,..0....„... • •, ,•:,.... p. :,„„,. •, L.,.4. • ...„ „... ....,._____,..„,,...„, ... ••,.., , /....„:„.. • 5..t,,,.7 ., Li.., , ,, ,.,.. .7 r i f).5 15 N.,. <• k ,H........r.„ ,7_,.3„,,.,. ,... ,, . .• I .1,(.':7;.a...75:::. ...••••* 's .\ .... �. '''''• is .1r • APPLICANT: CITY OF MIAMI BEACH PURPOSE:CONSTRUCT FLOATING DOCKS WATER BODY: BISCAYNE BAY ►JELOY CHANNEL ORIGINAL WORK [X, MAINTENANCE E COUNTY:- DADE COUNTY SHEET NO. 4 OF 4 DATUM: MSL/NGVD DATE: 1/12/94 • • • t \ .. , • Attachment B . Page 15 of 3,0 Pages SSLL No. 130765469 i • • ,. :. :; , F1Orida Department of or Environmental Protection a - °r r. ! 6509113709 '4' 'ce • PEA• Southeast District P.O. Box 15425 Virginia 13. Wetherell. Lawton Chiles Covernnr \Vest Palm Beach, Florida 33416 Secretary (307)433-2650 lt:iPLV'TO: Port St. Lucie Office 1801 S.E.llilltuoor Drive,Suite C-204 Port St.Lode, Florida 34952 PERMITTEE: I.D. Number: 5013M05918 Permit/Certificate: 132315546 City of Miami Beach Issuance Date: t t c/o Phoenix Env. Group, Inc. Expiration Date: �E � • 911 East Park Avenue County: Dade NOV t c3 Tallahassee, FL 32301 . Latitude/Longitude: 25°46' 00"/80°08' 00" Section/Township/Range: 3/54S/42E Project: Floating Dock/Marina This permit is issued under the provisions of Chapter 403 and 373 , Florida Statutes, Public .Law 92-500 and Title 17, Florida Administrative Code Rules. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s) , plans, and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows: • TO: Construct a 9, 720 square foot floating dock facility within an existing • marina. The access pier will measure 800 feet long by 6 feet wide; the fuel dock platform will measure 124 feet long by 12 feet wide; the fixed concrete boatlift area will measure 100 feet long by 30 feet wide; three 20 feet by 4 feet gangways and two 30 feet by 3 feet finger piers will also be constructed. In addition, three existing 30 foot long finger piers will be removed. IN ACCORDANCE WITH: The six (6) stamped drawings which are attached and a part hereof and DEP Application Form 17-312 . 900 (1) dated April 23 , 1993 , and signed by Russell K. Danser (not attached) .. LOCATED AT: • 300 Alton Road, Biscayne Bay, Class III Waters, Section 3 , Township 54 South, Range 42 East, Miami Beach, Dade County. SUBJECT TO: • • GENERAL CONDITIONS one (1) through fifteen (15) and SPECIFIC CONDITIONS one (1) through seven (7) . DEP Form 17-312 . 900 (1) Effective October 30, 1991 Page 1 of 6 • Primed on recycled paper. • • • • • Attachment B Page 16 of 30 Pages • SSLL No. 130765469 • . GENERAL CONDITIOr7S: n 16509PG3? 10 1. The terms, conditions, requirements, limitations and' restrictions set forth in this permit, are "permit conditions" and are binding and enforceable pursuant to • Sections 403.141, 403.727, or 403.859 through 403.861, F.S. The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions. 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department. 3. As provided in subsections 403.087(6) and 403.722 (5) , F.S. , the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be. • required for other aspects of the total project which are not addressed in this permit. • • 4. This permit conveys no title to land or water, does not constitute State ' recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement; Trust Fund may express State opinion as to title. 5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to, cause pollution in contravention of Florida Statutes . and Department rules, unlesa specifically authorized by an order from the Department. 6. The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, are required by Department rules. This, provision includes the operation of backup or auxiliary facilities or similar systems. when necessary to achieve compliance with the conditions of the permit and when required by Department rules. 7. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law 'and at reasonable times, access to the premises where the permitted ' activity is located or conducted to: (a) Have access to and copy any records that must be kept under conditions of • the permit; (b) Inspect the facility, equipment, practices, or operations regulated or required under this permit; and (c) Sample or monitor any substances or parameters at any location reasonable necessary to assure compliance with this permit or Department rules. Page 2 of 6 • DEP Form 17-1.201(5) Effective November 30, 1982 • - — J • • Attachment B • Page 17 of 30 Pages SSLL No. 130765469 • . °`F� ! 6509PG3T 1 I PEC. GENERAL CONDITIONS: Reasonable time may depend on the nature of the concern being investigated. 8. If, for any reason, the permittee does not comply with or will be unable to comply-with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information: (a) A description of and cause of noncompliance; and N- (b) The period of noncompliance, including dates and times; or, if not corrected, the,anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit. 9. In accepting this permit, the permittee understands and agrees that all records, notes, . monitoring data and other information relating to the construction or operation of this *permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement -case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Section 403. 111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. 10. The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not 'waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 17-302.500, shall include a reasonable • time to obtain or be denied a mixing zone for the new or amended standard. 11. This permit is transferable only upon Department approval in accordance with Rule 17-4. 120 and 17-730-300 F.A.C. , as applicable. The permittee shall be liable . for any non-compliance of the permitted activity until the transfer is approved by the Department. 12. This permit or a copy thereof shall be kept at the work site of the permitted activity. 13. This• permit also constitutes Certification of Compliance with State Water Quality Standards (Section 401, PL 92-500) . • Page 3 of 6 DEP Form 17-1:201(5) Effective November 30, 1982 • • Attachment B • Page 18 of 30 Pages SSLL No. 130765469 • . • °"• 16509113712 REC.. GENERAL CONDITIONS: 14: The permittee shall comply with the following: . a. . Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department. b. The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart re.copdings for continuous monitoring instrumentation) required by the' permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule. c. Records of monitoring information shall include: 1. the date, exact place, and time of sampling or measurements; 2. the person responsible for performing the sampling or measurements; 3. the dates analyses were performed; 4. the person responsible for performing the analyses; 5. the analytical techniques or methods used; and 6. the results of such analyses. 15.. When requested by the Department, the permittee shall within a reasonable .time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly. • • Page 4 of 6 DEP Form 17-1.201(5) Effective November 30, 1982 • • • • • • • Attachment' B Page 19 of 30 Pages SSLL No. 130765469 • . f a • 4.U. 1650913T 13 PERMITTEE: I.D. Number: 5013M05918 4 Permit,/Certificate: 132315546. City of Miami Beach Issuance Date: mnv c/o Phoenix Env. Group, Inc. ' Expiration Date: ' c 911 East Park Avenue County: Dade NOV Tallahassee, FL 32301 Latitude/Longitude: 25°46'00"/80°08 '00" Section/Township/Range: 3/54S/42E Project: Floating Dock/Marina • • SPECIFIC CONDITIONS: • 1. At least forty-eight (48) hours prior to commencement of work . authorized by this permit, the permittee shall provide written notification to the Department of Environmental Protection, Bureau of Wetland Resource Management, Southeast Florida District Office in West Palm Beach, of this commencement. Written notification shall also be provided within forty-eight (48) hours after completion of construction. • 2. An effective means of turbidity control, such as, but not limited to turbidity curtains, shall be employed during all operations that may create turbidity in excess of twenty-nine (29) NTU's above background as provided in Chapter 17-302 of the Florida Administrative Code. N Turbidity control shall remain in place until all turbidity has "subsided. 3 . Reflective devices shall be installed on the dock terminus in such a way that will alert night boat traffic of its presence. 4. All other necessary State, Federal, or local permits must be applied for and received prior to the start of work. 5. If historical or archaeological artifacts, such as Indian canoes, are discovered at any time within the project site the permittee shall • immediately notify the district office and the Bureau of Historic Preservation, Division of Archives, History and Records Management, R. S. Gray Building, 500 S. Bronough, Tallahassee, Florida 32399-0250. 6. The permittee is hereby advised that Florida law states: "No person shall commence any excavation, construction, .or other activity involving the use of sovereign or other lands of the state, title to which- is vested in the Board of Trustees of the Internal Improvement Trust Fund under Chapter 253 , until such person has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other. form of consent authorizing the proposed use. " Pursuant to Florida Administrative Code Rule 160-14 , if such work is done without consent, or if a person otherwise damages State land or products of State land, the Board of Trustees may levy administrative fines of up to $10,000 per offense. DEP Form 17-312. 900 (1) Effective October 30, 1991 Page 5 of 6 • • • • • • •Cy • ii • Attachment B . • Page 20 of 30 Pages • SSLL No. 130765469 • • "I. 16509PG3T 14 PERMITTEE: I.D. Number: 5013M05918 Permit/Certificate: 132315546 f•1,11 r r it. City of Miami Beach Issuance •Date: huv i C ` ,y3 c/o Phoenix Env. Group, Inc. Expiration Date: w ,,, ;.., • 911 East Park Avenue County: Dade (' Tallahassee, FL 32301 Latitude/Longitude: 25°46b00"/80°08' 00" Section/Township/Range: 3/54S/42E Project: Floating Dock/Marina • SPECIFIC CONDITIONS: 7. The permittee shall be aware of and operate under the attached • "General Permit Conditions Number 1 thru 15" . General Permit Conditions are binding upon the permittee and enforceable pursuant to Chapter 403 of the Florida Statutes. • Issued this / `� day of XCe-6=/, , 1993 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION • Mary S.' W lliams J Direct r of District Management MESW: jkw . • 7 pages attached • • • • DEP Form 17-312 . 900 (1) Effective October 30, 1991 Page 6 of 6 • • • • Attachment B • Page 21. of .30 Pages • SSLL No. 130765469 . HEC: 16509PG37I 5 - , RECEIVED ' I MAY 1 9 1993 DEPT.OF ENVIRONMENTAL REG. WEST PALM BEACH BISCAYNE • BAY MIAMI BEACH PROJECT LOCATION 111‘. o�9�, `� `� �y ATLANTIC _ �`/ '� �`,� �`� y �'� OCEAN "------„,,..,.....> 1 ---------'..s..„..._.. .."--,.............,...., . FISHER '� ISLAND ..I3g31ss1/(0. NCB11u. 1 . ` ' ''.....1.:..-1,' --- i Zs:-.1::....1::-/ VICINITY MAP, � � (REF NOAA NAUTICAL CHART 11.468) kit 13' APPLICANT: CITY OF MIAMI BEACH PURPOSE. CONSTRUCT DRY STORAGE BUILDING & RELATED FACILITIES WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK X MAINTENANCE COUNTY: DADE COUNTY SHEET NO. 1 OF 6 DATUM: MSL/NGVD DATE: 4/1/93 •./ ._ Attachment B . Page 22 of 30 Pages SSLL No. 130765469 • • • . • ' • > I y�. . o�F. 16509PG37I6 P.E.C.• ff o II • g2t,sEGC C= VIF Sze ske BR ZO �,. J N I V1 6 ' s I' ja i rY s d it_.._ ii I I �__1 , If • 5 -- I: _.114---r-:'1 1 1 11, li 1. g I: i ' • % vk ) I 1 4,..S)1(I .S9 s Z • - 'y3dJ6. a Q • .9i 1 e''C O Si ._ r .. 1N3K351.3 i;/ ... t § V) • s 1: a .SY v . • . A() g !-."—I''a".....A .��•� I ri I I • • E C i . \•, ' i55 • ;A() '... � s g \_ RECEIVE[ 0 _ w MAY 1 9 199 o � jj C vA DEPT.-�� '1 �7q'�I n i� • WEST SNVIRO�ffdENTI,! '\ Az i v' , ' II E T Pam,;BEACH • �_ • h 0 r"? . p • Ii1I o 0 ..e ,� r• . - • .* k $, E, g. • ...: : A 1 (-'s �� -:.. . ilq- ..... t.,/(." .,... :,, • • APPLICANT: CITY OF MIAMI BEACH PURPOSE: CONSTRUCT DRY STORAGE BUILDING & RELATED FACILITIES WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK X MAINTENANCE • COUNTY: DADE COUNTY SHEET NO. 2 OF 6 DATUM:, MSL/NGVD DATE: 4/1 /93 • • • Attachment B Page 23 of 30 Pages SSLL No. 130765469 16509PG3T I T W. • F?EC.. F- . a Y U 0 DIll. Zo Z -/ w O0 w > \\ UO cow wC- 1=N W ..\\\ --Q w M(n / ULU m>W U :^ \\ ino V Ow 05 <-JQ 0 :\\ � 0 O¢. U cD w> U \��. U m> \j \/<,L .70 I \ \ ...\\ \ IT r C-- 1 • E co „ ,. L' Q :.., \ .... Q vk:: . zo II ., . L_____ .j, I - :.... L RECEIVED �%/ 1 MAY 1 9 1993 DEPT.OF ENVIRONMENTAL R \//\ WEST PALM BEACH E //\/ • /\/Z W U i • • . ., _ a: Ott 3 APPLICANT: CITY OF MIAMI BEACH PURPOSE. CONSTRUCT DRY STORAGE BUILDING & RELATED FACILITIES WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK >< MAINTENANCE COUNTY: DADE COUNTY SHEET NO. 3 OF 6 DATUM: MSL/NGVD DATE: 4/1 /93 i \ . Attachment B Page 24 of 30 Pages SSLL No. 130765469 ' P,EC. 1650913T 18 • • cn > III' /: W\/ cc 6 Z0 affi / 0 fit., _ • U U >_�\ wz 1- -J0 _il Ykik I� ¢ w p F= Wilpir w Q_ � z en \.:. \ (*of 0.44)2 � LriAj,\�j•� 1= � Lu 11 CD cn Ira,/�// _ -ke*Ark\`/ RECEIVED / MAY 1 9 1993 • ��%/�., DEPT.OF ENVIRON? ENTAL RE �, WEST PALM,BEACH .�/� J ;d\ w w _J C.9D_ W Q i3 /� yG•:::- • H N w / .. .. ........ - _ ...,_ : INP A tlisi*1 APPLICANT: CITY OF MIAMI BEACH PURPOSE.: CONSTRUCT DRY STORAGE BUILDING & RELATED FACILITIES WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK >< MAINTENANCE COUNTY: DADE COUNTY SHEET NO. 4 OF 6 DATUM: MSL/NGVD DATE: 4/1 /93 ' • • • Attachment B Page 25 of 30 Pages SSLL No. 130765469 F. 16509PG37 • • • f- w w U U N N w0 a. I �\ ES ~ W k. w 0 `,i4 • D o l .. lli pi-IC " - -- . I1 11- 11W 1 • *OW 1Zo IN\II drier T�ol� 1v 111� k ! :�: UUI ' oIp 1V1 17+ I= - -co C.) ,,, v) W DI• *1i�!• M . 47, , We"..„*.off , = e••• /4I ;� w o o RECEIVED xz �� Or: �ww� Q . ••/ > w MAY 1 9 1993 is.=i a,,, a. a *VA DEPT.OF ENVIRONMENTAL REG. WEST PALM BEACH jf . . . •.. , .. .,*, wr . , • 1�3 9_31,5--5Y • Iscf0e_ . Z� ,� giihrtsf.C?):54:1. ,. ___.... fir' '--.• �•�t APPLICANT: CITY OF MIAMI BEACH PURPOSE: CONSTRUCT DRY STORAGE WATER BODY: BISCAYNE BAY MELOY CHANNEL BUILDING & RELATED FACILITIES COUNTY: DADE COUNTY ORIGINAL WORK >< MAINTENANCE DATUM: MSL/NGVD SHEET NO. 5 OF 6 DATE: 4\1\93 • i I Attachment B • Page 26 of 30 Pages SSLL No. 130765469 . "_, . °E�: I6509PG3720 7 t , J CO I--— U Q = ZIY U ( � MOw 0 w o0 J Q_ Q o_ Z J Z • UO N U 0I- 0 __IOO L..1 i d II . • N \ . \ / ''" •• ' WO / .... w COk. • 40i/i/frir / w ••/ \ I O Q 1f / / •— � • �Z J 0 U 11 Z - w O oww O II I-. 111� . . 1- rl < U , \''''.-.. Cr! *air UJ OII`s ^. LI_O 0 + r•- 11. I- . Ow (!7 U •• • J • r1II• w = I- 0 0 i.:!• Q w w � RECEIVED 1� E cc,ir MAY 9 1993 spay. DEPT.OF ENVIRO/IMEN'f . 1F V fb%/ , AL REG }� EST PAID{BEACH , '1".'1‘41'-estrQ4;51 Iv.Et i .^` I A r G APPLICANT: CITY OF MIAMI BEACH PURPOSE: CONSTRUCT DRY STORAGE BUILDING & RELATED FACILITIES WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK X MAINTENANCE COUNTY: DADE COUNTY SHEET NO. 6 OF 6 DATUM: MSL/NGVD DATE: 4/1/93 . • Attachment B I~' Page 27 of 30 Pages 1 SSLL No.. 130765469 4 s - • . s l' ,M. • .. . F: 16509PG3r2I REC. [ . ,. . The docking structures located on the public Las estructuras de muella situadas en las lands are under lease from the Florida tierras publicas son sojetas a arrendamiento Board of Trustees of the Internal ' de El Consejo de Administradores del Improvement Trust Fund. As a condition of Fondo Seguro de Mejoramiento Interno de that lease, the lessee is prohibited from la Florida. Como condicion de este discriminating on the basis of an individual's arrendamiento, el arrendador sera prohibido race, color, religion, sex, national origin, descriminar por.causa de raza, color, age, handicap or marital status in the rental religion, sexo, origen nacional, edad, or use of those structures. incapacitacion o estado civil. Persons denied equal right to rent or use the Las personas a quieres se les haya negado docking structures included within el derecho de igualdad al arrendar o usar Sovereignty Submerged Land Lease las estructuras de muelle incluidas dentro Number 130765469 de la Soberania de.Tierras Somergidas para may file a complaint with the: Arrendamiento Numero 130765469 • pueden presentar una queja al : te Deparlaivr,KFIR.sources Departarnento de lecursosNaturales •DIAsiort of to e L rid de,T s Division ierras'del Estado 3 Cp monweal : Blvd. Mail Station Number\i50 T lla sshif ee FL 323 r-0000 Tallllah`ass a FL 32399 3 00 laalir01940624 LIameal: 904.488=6242 . `5' nigatio!1Y :Investigaciones): i,.ti l_ Vi- . '• • C AttachmT$t 30 . Page of Pages SSLL No. 130765469 °E7: I6509Pc3722 REC. 16 17 M0673 RESOLUTION NO. 93-20911 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE MODIFIED SOVEREIGNTY SUBMERGED LAND LEASE NO. 130765469 BETWEEN THE CITY AND THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, FOR THE 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 DULY 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 inco 'rated her- o a- Exhibit "A". PASSED and ADOPTED this 6th day of Oc , 993 , , ALA& MAYOR ATTEST: ForAPPROVED LEGAL DEPT. ITY CLERK c:\wp51\data\n,arina.res By Date 5'ZS_51 Page 29 of 30 Pages SSLL No. 130765469 Q F. 16509PG3TZ3 �r, . REC. } ,. • OFF.: 16ITIPilp6l4 REC OFFICE OF THE CITY ATTORNEY yi4 94.0•Zowil F L 0 R I 73cae4 D A :74 • LAURENCE FEINGOLD y% .ti P 0.BOX 0 CITY ATTORNEY NX ° MIAMI BEACH.FLORIDA 33119-2032 TELEPHONE(305)673-7470 _ TELECOPY (305)673-7002 COMMISSION MEMORANDUM NO. 5(11 0-93 • October 6, 1993 TO: MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMtSION / FROM: LAURENCE FEINGOLD CITY ATTORNEY C (�� e a"4 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:\wp51\1d\marina.cas - 'r BMW —R4 of}KIAI RECfltDi RDOt OF DADE CO4Nrr.FLORJDA.- ! wow yttIFIED HARVEY RUVIN cLERx cracurr count. ^ �� STATE OF FLORIDA . COUNTY OF DADS • I, RICHARD E. BROWN, City Clerk of the-- City of Miami Beach, Florida, do hereby certify that the above and foregoing is a true and cor- (tECORDE0 IN OFFICIAL RECORDS Boos rect copyof the on I thereof on file in this OPDADECOUNTY,FLORIDA. � RECORD VIRIFIED office. � 1•r•s: •, HARVEY RUVIN, of Circuit&County WITNESS, shana the seal of said CityCourts Clack this deltic) a q 'It: ,A.D. k.9 • ICHARD'E. BROWN City Clerls;of the Cityof Miami Beach,Florida • . By: Deputy 2.6 • AGENDA ITEM Page 30 of 30 Pages DATE I 0 10-93 SSLL No. 130765469 1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH. FLOR:DA 33139