99-23047 RESO
RESOLUTION NO. 99-23047
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE TRANSMITTAL
OF A REQUEST TO THE STATE DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP), DIVISION OF STATE LANDS, BUREAU OF LAND
MANAGEMENT TO TERMINATE THE LEASE AGREEMENT
CONCERNING THE NORTH SHORE RECREATION AREA, WHICH
INCLUDES NORTH SHORE OPEN SPACE PARK; THE WEST PARKING
LOT PROPERTIES AND AL TOS DEL MAR LOTS; FURTHER
REQUESTING THAT THE STATE TRANSFER FULL DEED AND TITLE
TO THE CITY OF MIAMI BEACH FOR NORTH SHORE OPEN SPACE
P ARK AND THE WEST PARKING LOT PROPERTIES.
WHEREAS, on July 27, 1994, the Mayor and City Commission approved a lease agreement
with the State of Florida for the North Shore Recreation Area which includes the North Shore Open
Space Park and west parking lot parcels and certain State owned properties within the Altos del Mar
Subdivision; and
WHEREAS, the issues leading up to and subsequent to the lease of said property have been
resolved and the City Administration is desirous of moving forward in implementing certain
recommendations and actions contained in the Parks Master Plan; the Elizabeth Plater-Zyberk
Report, of 1994 for North Beach; and the Historic Designation of the Altos del Mar area; and
WHEREAS, the City has been granted $2.1 million dollars to improve North Shore Open
Space Park from the Dade County Safe Neighborhoods Bond Program; and
WHEREAS, in December 1998, the Mayor and City Commission authorized the
Administration to apply for said grants, wherein in order to qualify for said grant funds the County
requires the City to own the property or have a clear 25 year lease on the subject property; and
WHEREAS, the Finance and Citywide Committee discussed this matter and reported their
recommendations to the Mayor and City Commission on January 6, 1999; and
WHEREAS, the Mayor and City Commission requested that the matter be brought back
as a single item at today's meeting. Said item deals with the Finance Committee's recommendation
to request the transfer of ownership of the park and 6 blocks west of Collins from the of the State
to the City and for the City to proceed to accept the $2.1 million from Dade County Safl~
Neighborhood Park Bonds Fund; and
WHEREAS, the west parking lots have been proposed to be developed for residential use.
The proceeds from the sale of those properties have been designated to be used for infrastructurl~
improvements per the North Beach 1994 Plan by Duany/Plater-Zyberk as modified and updated; and
WHEREAS, regarding the single family units in the Altos del Mar area, neither the State
nor the City are proceeding to acquire the balance of the properties (over the 22 presently titled in
the State). Since the original plans for the purchase of all such properties has been abandoned it is
proper to terminate the lease agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approve the transmittal of a
request to the State Department of Environmental Protection (DEP), Division of State Land, Bureau
of Land Management to terminate the lease agreement concerning the North Shore Recreation Area,
which includes North Shore Open Space Park; the west parking lot properties and Altos del Mar
Lots; further requesting that the State transfer full deed and title to the City of Miami Beach for
North Shore Open Space Park and the west parking lot properties.
PASSED and ADOPTED this 20th day of
January
, 1999.
ATTEST:
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Simon CX,Lz: 'Vice ayor -
APPROVED ~ TO
FORM & LANGUAGE
FOR EXECUTION
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:ITY OF MIAMI BEACH
~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. 8'7 - gq
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: January 20,1999
Sergio Rodriguez
City Manager
A RESOLUTION APPROVING THE TRANSMITTAL OF A REQUEST TO
THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)"
DIVISION OF STATE LANDS, BUREAU OF LAND MANAGEMENT TO
TERMINATE THE LEASE AGREEMENT CONCERNING THE NORTH
SHORE RECREATION AREA, WHICH INCLUDES NORTH SHORE OPEN
SP ACE PARK; THE WEST PARKING LOT PROPERTIES AND ALTOS
DE.L MAR LOTS; FURTHER REQUESTING THAT THE STATE
TRANSFER FULL DEED AND TITLE TO THE CITY OF MIAMI BEACH
FOR NORTH SHORE OPEN SPACE PARK AND THE WEST PARKING
LOT PROPERTIES AND PURSUE THE SALE OF 22 STATE OWNED LOTS
IN AL TOS DEL MAR FOR SINGLE F AMIL Y RESIDENTIAL
DEVELOPMENT (HISTORIC DISTRICT) WITH APPROPRIATE
PRORATION OF SALE PROCEEDS WITH THE CITY
RECOMMENDA TION
Adopt the Resolution.
BACKGROUND
On July 27, 1994, the City Commission approved a lease agreement with the State of Florida for
the North Shore Recreation Area which includes the North Shore Open Space Park and west parking
lot parcels and certain State owned properties within the Altos del Mar Subdivision.
The issues leading up to and subsequent to the lease of said property have been resolved and the City
Administration is desirous of moving forward in implementing certain recommendations and actions
contained in the Parks Master Plan; the Elizabeth Plater-Zyberk Report, 1994 for North Beach; and
the Historic Designation of the Altos del Mar area.
The request to terminate the lease for the North Shore Recreation area is the proper action to start
the process of obtaining title to the Park and west lots as well as the sale of the single family lots
in Altos del Mar. This information was obtained by staff at a meeting with the Department of
Environmental Protection officials on January 7, 1999.
AGENDA ITEM R 1 F""
DATE 1-;).0-'11
ANALYSIS
The City has been granted $2.1 million dollars to improve North Shore Open Space Park from the
Dade County Safe Neighborhoods Bond Program. In December ~ 998, the City Commission
authorized the Administration to apply for said grants. In order to qualify for said grant funds the
County requires the City to own the property or have a clear 25 year lease on the subject property.
The Finance and Citywide Committee discussed this matter and reported their recommendations to
the City Commission on January 6, 1999. The City Commission requested that the matter be
brought back as a single item at today's meeting. Said item deals with the Finance Committee's
recommendation to request the transfer of ownership of the park and 6 blocks west of Collins from
the State to the City and for the City to proceed to accept the $2.1 million from Dade County Safe
Neighborhood Park Bonds Fund.
The west parking lots have been proposed to be developed for residential use. The proceeds from
the sale of those properties have been designated to be used for infrastructure improvements per the
North Beach 1994- Plan by Duany/Plater-Zyberk as modified and updated.
Regarding the single family lots in the Altos del Mar area, neither the State nor the City are
proceeding to acquire the balance of the properties (over the 22 presently titled in the State). The
single family lots were the subject of a referral for a comprehensive plan amendment. Since the
original plans for the purchase of all such properties failed, it is proper to terminate the lease
agreement, and for the State to pursue the sale of the State owned lots for development as single
family housing per the Altos del Mar Historic District Plan.
CONCLUSION
Adopt the Resolution.
"
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T:\AGENDA \ 1999VAN2099\REGULAR\NOW. WPD
CITY OF MIAMI BEACH
~
1700 Convention Center Drive, Miami Beach, FL
http:\\ci.miami-beach.f1.us
Office of the City Manager
Telephone 305-673-7010
Facsimile 305-673-7782
January 29, 1999
Mr. F. Perry Odom
General Counsel
State of Florida
Department of Environmental Protection
3900 Commonwealth Blvd MS-35
Tallahassee, FL 32399-3300
Dear Mr. Odom:
This letter will confirm that on January 20, 1999, the City of Miami Beach Commission adopted
Resolution No. 99-23047, a copy of which is attached hereto.
The substance of the Resolution is to request:
1. The termination of the lease of the North Beach Recreation Area (copy attached).
2. That the State transfer title of North Shore Open Space Park and the six blocks to the
west across Collins A venue (parking lots) to the City of Miami Beach.
It is the desire of the City of Miami Beach to obtain title to North Shore Open Space Park and the
west blocks as expeditiously as possible.
SR1tjg
Enclosures
c: Honorable Mayor and City Commissioners
Murray Dubbin, Esq., City Attorney
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RESOLUTION NO. 99-23047
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF lVIIAMI BEACH, FLORIDA, APPROVING THE TRANSMITTAL
OF A REQUEST TO THE STATE DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP), DIVISION OF STATE LANDS, BUREAU OF LAND
MANAGEMENT TO TERMINA TE THE LEASE AGREEMENT
CONCERNING THE NORTH SHORE RECREATION AREA, WHICH
INCLUDES NORTH SHORE OPEN SPACE PARK; THE \VEST PARKING
LOT PROPERTIES AND AL TOS DEL MAR LOTS; FURTHER
REQUESTING THAT THE STATE TRANSFER FULL DEED AND TITLE
TO THE CITY OF MIAMI BEACH FOR NORTH SHORE OPEN SPACE
PARK AND THE WEST PARKING LOT PROPERTIES.
\VHEREAS, on July 27, 1994, the Mayor and City Commission approved a lease agreement
with the State of Florida for the North Shore Recreation Area which includes the North Shore Open
Space Park and west parking lot parcels and certain State owned properties within the Altos del Mar
Subdivision; and ..
WHEREAS, the issues leading up to and subsequent to the lease of said property have been
resolved and the City Administration is desirous of moving forward in implementing certain
recommendations and actions contained in the Parks Master Plan; the Elizabeth Plater-Zyberk
Report, of 1994 for North Beach; and the Historic Designation of the Altos del Mar area; and
WHEREAS, the City has been granted $2.1 million dollars to improve North Shore Open
Space Park from the Dade County Safe Neighborhoods Bond Program; and
WHEREAS, in December 1998, the Mayor and City Commission authorized the
Administration to apply for said grants, wherein in order to qualify for said grant funds the County
requires the City to own the property or have a clear 25 year lease on the subject property; and
WHEREAS, the Finance and Citywide Committee discussed this matter and reported their
recommendations to the Mayor and City Commission on January 6, 1999; and
WHEREAS, the Mayor and City Commission requested that the matter be brought back
as a single item at today's meeting. Said item deals with the Finance Committee's recommendation
to request the transfer of ownership of the park and 6 blocks west of Collins from the of the State
to the City and for the City to proceed to accept the $2.1 million from Dade County Safe
Neighborhood Park Bonds Fund; and
WHEREAS, the west parking lots have been proposed to be developed for residential use.
The proceeds from the sale of those properties have been designated to be used for infrastructure
improvements per the North Beach 1994 Plan by DuanylP1ater-Zyberk as modified and updated; and
WHEREAS, regarding the single family units in the Altos del Mar area, neither the State
nor the City are proceeding to acquire the balance of the properties (over the 22 presently titled in
the State). Since the original plans for the purchase of all such properties has been abandoned it is
proper to terminate the lease agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MA YOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approve the transmittal of a
request to the State Department of Environmental Protection (DEP), Division of State Land, Bureau
of Land Management to terminate the lease agreement concerning the North Shore Recreation Area,
which includes North Shore Open Space Park; the west parking lot properties and Altos del Mar
Lots; further requesting that the State transfer full deed and title to the City of Miami Beach for
North Shore Open Space Park and the west parking lot properties.
PASSED and ADOPTED this 20th day of
January
, 1999.
ATTEST:
STATE OF FLORIDA
GOUNTY OF DADE:
1 ROBERT PARCHER. City Clerk of City of
Miami Beach. Florids, do hereby certify that
the above and foregoing is a true and ?Onie~t
copy of the original thereof on file In thiS
office.
W1TN~SS, my hand and the seal of said City
thla~81"aay ofJ"~Mt1 A.D. 19~q
ROBERT PARCHER
~p:r~~L
By: Der;tl:lty -.
NOW.RES
A?PROVED AS TO
FORM & LANGUAGE
:40R EXECUTION
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CITY OF
MIAMI BEACH
OFFICE OF THE CITY MANAGER
TELEPHONE: (3051 In.7010
fAX: (305117].7712
COMMISSION MEMORANDUM NO. ..<;~"qv
July 27, 1994
FROM:
Mayor Seymour Gelber and
Members 01 the City Commis.slon
R~rM. ('\,. ~I
CityMana~
DATE:
TO:
RESOLUTION APPROVING A LEASE AGREEHBHT BETWEEN THE CITY a
SUBJECT: KIANI BBACK AHD THE STAT! 01' FLORIDA FOR THB NORTH SHaRI
STATB RECRlATIOH AREA.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission
authorize the Mayor and City Clerk to execute a Lease Agreement
between the City of Miami Beach and the state of Florida for lease of
the North Shore Recreation Area, which includes North Shore Open Space
Park and certain State-owned properties within the Altos Del Mar
subdivision. Clarlflcations to the agreement are being negotiated
with the State and the agenda contains a draft agreement. The final
agreement will be delivered to the City Commission in a suppleMental
agenda package.
llACJtGRotnml
The City of Miami Beach has been involved in discussions with the
state of Florida regarding the conveyance of North Shore Open Space
Park back to the City. In addition to assuming the maintenance and
operations of the Park, the city has been in negotiations with the
Board of Trustees of the Internal Trust Fund of the State of Florida
for the purchase of certain State-owned properties within the Altos
Del Mar subdivision in the City of Miami Beach. While negotiating the
exact terms of the conveyance of North Shore Open Space Park and the
purchase of the State-owned Altos Del Mar lots, both parties have
agreed to an interim Lease Agreement which addresses both of the
aforementioned issues.
Additionally, as'directed by the City Commission at its February 16,
1994 meeting, the Legal Department is preparing ballot language for
the October 4, 1994 special election, seeking electorate approval
concerning whether the City of MiaMi Beach may offer for lease for a
period of five (5) years or longer the twenty two (22) Altos Del Mar
lots and related parking areas, said lease to occur after the proposed
City purchase of the properties from the State. These twenty two (22)
lots will be offered as single family development sites on an
individual basis or a unified development process.
If approved by the voters, the City will be permitted to lease its
property in the subject locale. This process will enhance the North
Beach area through the establishMent of an upscale single faMily
community on the Altos Del Mar site. A design concept, such as the
one proposed by Laurie Swedroe, would establish the Altos Del Mar site
as one of the premiere single family residential historic districts
in the Southeast United States.
1
AGENDA
ITEM
R-l- F1
l-'21-0~
DATE
RESOLUTION NO. 94-21232
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, flORIDA AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT
BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF flORIDA, AS
LESSOR, AND THE CITY OF MIAMI BEACH, AS LESSEE, FOR
LEASE OF THE NORTH SHORE RECREATION AREA, WHICH
INCLUDES THE NORTH SHORE OPEN SPACE PARK AND
CERTAIN STATE OWNED PROPERTIES WITHIN THE ALTOS
Del MAR SUBDIVISION.
WHEREAS, Ihe City has been involved in negotiations with the Board of Trustees of the
Internal Trust Fund of the Slate of Florida (the Stale) for the purchase of certain State owned
properties within the Altos Del Mar Subdivision; and
WHEREAS, the City has also had continuing discussions with the Stale regarding the
conveyance from the Stale 10 the City of Ihe North Shore Open Space Park; and
WHEREAS, pursuant to the aforestated negotiations, in Ihe inlerim, Ihe parties have
negotiated the attached Lease Agreemenl, which addresses not only a lease of Ihe North Shore
Open Space Park but also of certain State owned properties located within the Alios Del Mar
Subdivision.
NOW, THEREFORE, BE IT RESOt VED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Cily Clerk be authorized to
execute the allached Lease Agreement between the Board of Truslees of the Internal
Improvement Tn/st Fund of the State of Florida, as Lessor, and the City of Miami Beach, as
Lessee, for lease of the North Shore Recreation Area, which includes the North Shore Open
Space Park and certain State owned properties within the Alios Del Mar Subdivision.
PASSED and ADOPTED this 27th day ( J 1y , 994.
AD EST:
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CITY ClERK
By
Date
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It would also create a revenue stream for the operation of North' Shor.e
Open Space Park through the development of a trust fund establish&d
from the balance of the revenue remaining from the sale of the. Altos
Del Mar properties after the purchase debt is paid.
Key components of this lease agreement include:
* A tenn of t....enty five (25) years commencing on July 1,
1994, ....ith the ability of either party to cancel ....ith a
minimum t....elve (12) month notice,
* Areas leased include the North Shore Open Space Park and
the related parking lots west of the park on Collins
Avenue, and the Altos Del Mar properties.
~*
The City will be responsible tor the management and
maintenance of all areas included in the lease.
* This lease ....ill be terminated ....hen and if the City
completes the purchase o( the Al tos Del Mar properties
(ollo....ing the authorization of the voters ot Miami Beach to
do so.
ANALYSIS:
The St:J.te of Florida, in anticipation of the City ot Miami Beach
assuming the maintenance and operation of North Shore Open Space Park,
hall removed all State personnel trom the Park. In order tor the Park
to remain' operational, City of Miami Beach Parks Division employees
have been placed in the Park, and a security firm has been contracted
to patrol the Park and enforce existing Park rules and regulations.
The Lease Agreement between the City and the State legitimizes the
City's presence in the Park and assures a smooth transition from the
State to the City: .
CONCLUSIONS
The Administration recol1lJllends that the Mayor and City Clerk be
authorized to execute the proposed Lease Agreement bet....een the State
of Florida and the City of Miami Beach for lease ot the North Shore
State Recreation Area, which includes North Shore Open Space Park and
The State-owned properties within the Altos Del Mar Subdivision.
RMC/KS/AR
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OALS101
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
LEASE AGREEMENT
NORTH SHORE RECREATION AREA
Lease No. 4042
THIS LEASE AGREEMENT, made and entered into this O?~~ day
of ~ 191/ between the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
hereinafter referred to as "LESSOR", and the CITY OF MIAMI BEACH,
hereinafter referred to as "LESSEE."
WHEREAS, LESSOR and LESSEE have had ongoing discussions
concerning the transfer of the fee title to the leased premises
(defined below) to LESSEE; and
WHEREAS, while those negotiations are ongoing, the parties
desire that the leased premises continue to be operated as a
park; and
WHEREAS, the parties have agreed upon an interim basis,
LESSOR shall lease the leased premises to LESSEE upon the terms
and conditions set forth herein with the understanding that the
parties shall continue to negotiate a transfer of the fee
interest of the leases premises to LESSEE;
THEREFORE, for and in consideration of mutual covenants and
agreements hereinafter contained, LESSOR does hereby lease to
said LESSEE the lands described in paragraph 2 below, together
with the improvements thereon, and subject to the following terms
and conditions:
1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities
and obligations herein shall be exercised by the Division of
State ~ands, Department of Environmental Protection.
2. DESCRIPTION OF PREMISES: The property subject to this
lease, is situated in the County of Dade, State of Florida and is
more particularly described in Exhibit "A" attached hereto and
hereinafter referred to as the "leased premises".
Page I of 17
Lease No. 4042
J.
TERM: The term of this lease shall be for a period of
five (25) years commencing on ~ eR3/f?y.. and
on ~~~ ~aI9, unless sooner terminated pursuant
provisions of this lease. Not withstanding any other
t
twenty
ending
to the
provision of this lease to the contrary, either party shall have
the option to cancel this lease provided such party provides the
other part~ at least twelve (12) months written notice prior to
cancellation.
4. PURPOSE: The LESSEE shall manage the leased premises
only for the establishment and operation of a city park, along
with other related uses necessary for the accomplishment of this
purpose as designated in the Management Plan required by
paragraph 8 of this lease.
5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have
the right of ingress and egress to, from and upon the leased
premises for all purposes necessary to the full quiet enjoyment
by said LESSEE of the rights conveyed herein.
6. UNAUTHORIZED USE: LESSEE shall, through its agents .and
employees, prevent the unauthorized use of the leased premises or
any use thereof not in conformance with this lease.
7. ASSIGNMENT: This lease shall not be assigned in whole
or in part without the prior written consent of LESSOR. Any
assignment made either in whole or in part without the prior
written consent of LESSOR shall be void and without legal effect.
8. MANAGEMENT PLAN: LESSEE shall prepare and submit a
Mana~ement Plan for the leased premises, in.accordance with
Chapters 18-2 and 18-4, Florida Administrative Code, within 12
months of the effective date of this lease. The Management Plan
shall be submitted to LESSOR for approval through the Division of
State Lands. The leased premises shall not be developed or
physically altered in any way other than what is necessary for
security and maintenance of the leased premises without the prior
written approval of LESSOR until the Management Plan is approved.
LESSEE shall provide LESSOR with an opportunity to participate in
all phases of preparing and developing the Management Plan for
the leased premises. The Management Plan shall be submitted to
Page 2 of 17
Lease No. 4042
LESSOR in draft form for review and comments within ten months of
the effective date of this lease. LESSEE shall give LESSOR
reasonable notice of the application for and receipt of any
state, federal or local permits as well as any public hearings or.
meetings relating to the development or use of the leased
premises. LESSEE shall not proceed with development of said
leas2d pr.emises including, but not limited to, funding, permit
application, design or building contracts, until the Management
Plan required herein has been submitted and approved. Any
financial commitments made by LESSEE which are not in compliance
with the terms of this lease shall be done at LESSEE'S own risk.
The Management Plan shall emphasize the original management
concept as approved by LESSOR on the effective date of this lease
which established the primary public purpose for which the leased
premises are to be managed. The approved Management Plan shall
provide the basic guidance for all management activities and
shall be reviewed jointly by LESSEE and LESSOR at least every
five (5) years. LESSEE shall not use or alter the leased
premises except as provided for in the approved Management Plan
without the prior written approval ot LESSOR. The Management
Plan prepared under this lease shall identity management
strategies for exotic species, if present. The introduction of
exotic species is prohibited, except when specifically authorized
by the approved Management Plan.
9. EASEMENTS: All easements including, but not limited
to, utility easements are expressly prohibited without the prior
written approval of LESSOR. Any easement not approved in writing
by LESSOR shall be void and without legal effect.
10. SUBLEASES: This agreement is for the purposes
spec~fied herein and subleases of any nature are prohi~it~d,
without the prior written approval of LESSOR. Any sublease not
approved in writing by LESSOR shall be void and without legal
effect.
11. RIGHT OF INSPECTION: LESSOR or its duly authorized
agents, representatives or employees shall have the right at any
Page J of 17
Lease No. 4042
and all times to inspect the leased premises and the works and
operations of LESSEE in any matter pertaining to this lease.
12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings,
structures, improvements, and signs shall be constructed at the
expense of LESSEE in accordance with plans prepared by
professional designers and shall require the prior written
approval of LESSOR as to purpose, location and design. Further,
no trees, other than non-native species, shall be removed or
major land alterations done without the prior written approval of
LESSOR. Kemovable equipment and removable improvements placed on
the leased premises by LESSEE which do not become a permanent
part of ~he leased premises will remain the property of LESSEE
and may be removed by LESSEE upon termination of this lease.
13. INDEMNIFICATION: LESSEE shall indemnify and hold LESSOR
harmless from any and all claims that may ever be brought against
the LESSOR arising from an act committed or omitted or act of
negligence of the LESSEE. Subject to the limitations of Section
768.28, Florida Sta~u~es, the LESSEE shall indemnify and hold
LESSOR harmless from any and all claims and demands in connection
with any acts and injury or damage whatsoever caused to any
person or property arising directly or indirectly, from the
LESSEE'S rental of the herein described premises, or arising from
any act or omission of the LESSEE or its servants, agents,
concessionaires, employees or contractors and from and against
any and all costs, expenses and liabilities in (including without
limitation, any attorney's fees for trial and appellate
proceedings) incurred in connection with such claim or proceeding
brought thereon.
14. LIABILITY: Each party is responsible for all personal
injury and property damage attributable to the negligent ~cts or
omissions of -that party and the officers, employees and agents
thereof. Nothing herein shall be construed as an indemnity or a
waver of sovereign immunity enjoyed by any party hereto, as
provided in Section 768.28, Florida statutes, as amended from
time to time, or any other law providing limitations on claims.
Page 4 of 17
Lease No. 4042
15. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume
full responsibility for and shall pay all liabilities that accrue
to the leased premises or to the improvements thereon, including
any and all ad valorem taxes and drainage and special assessments
or taxes of every kind and all mechanic's or materialman's liens
which may be hereafter lawfully assessed and levied against the
leased premises.
16. NO WAIVER OF BREACH: The failure of LESSOR to insist
in anyone or more instances upon strict performance of anyone
or more of the covenants, terms and conditions of this lease
shall not be construed as a waiver of such covenants, terms or
conditions, but the same shall continue in full force and effect,
and no waiver of LESSOR of any of the provisions hereof shall in
any even~ be deemed to have been made unless the waiver is set
fort'} in writing, signed by LESSOR.
17. TIME: Time is expressly declared to be of the essence
of this lease.
18. NON DISCR~MINATION: 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 leased premises
or upon lands adjacent to and used as an adjunct of the leased
premises.
19. UTILITY FEES: LESSEE shall be responsible for the
payment of all charges for the furnishing of gas, electricity,
water and other public utilities to the leased premises and for
having all utilities turned off when the leased premises are
surrendered.
20. MINERAL RIGHTS: This lease does not cover petroleum or
petroleum products or minerals and does not give the right to
LESSEE to ~rill for or develop the same, and LESSOR specifically
reserves the right to lease the leased premises for purpose of
exploring and recovering oil and minerals by whatever means
appropriate; provided, however, that LESSEE named herein shall be
fully compensated for any and all damages that might result to
Page 5 of 17
Lea~e No. 4042
the leasehold interest of said LESSEE by reason of such
exploration and recovery operations.
21. RIGHT OF AUDIT: LESSEE shall make available to LESSOR
all financial and other records relating to this lease, and
LESSOR shall have the right to either audit such records at any
reasonable time or require the submittal of an annual independent
audit by a Certified Public Accountant during the term of this
lease. This right shall be continuous until this lease expires
or is terminated. This lease may be terminated by LESSOR should
LESSEE fail to allow public access to all documents, papers,
letters or other materials made or received in conjunction with
this lease, pursuant to the provisions of Chapter 119, Florida
Statutes.
~ 22. CONDITION OF PREMISES: LESSOR assumes no liability or
obligation to LESSEE with reference to the condition of the
leased premises. The leased premises herein are leased by LESSOR
to LESSEE in an "as is" condition, with LESSOR assuming no
responsibility for .t~e care, repair, maintenance or improvement
of the leased premises for the benefit of LESSEE.
23. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is
contingent upon and subject to LESSEE obtaining all applicable
permits and complying with all applicable permits, regulations,
ordinances, rules, and laws of the State of Florida or the United
States or of any political subdivision or agency of either.
24. NOTICE: All notices given under this lease shall be in
writing and shall be served by certified mail including, but not
limited to, notice of any violation served pursuant to 253.04,
Florida Statutes, to the last address of the party to whom notice
is to be g~ven, as designated by such party in writing. LESSOR
and LESSEE hereby designate their address as follows:
LESSOR:
Department of Environmental Protection
Division of state Lands
Bureau of Land Management Services
3900 Commonwealth Boulevard
Tallahassee, Florida 32399
LESSEE:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Director Parks and Recreation
Page 6 of 17
Lease No. 4042
City Attorney
1700 Convention Center Drive
Miami Beach, Florida JJlJ9
25. BREACH OF COVENANTS. TERMS. OR CONDITIONS: Should
LESSEE breach any of the covenants, terms, or conditions of this.
lease, LESSOR shall give written notice to LESSEE to remedy such
breach within sixty (60) days of such notice. In the event
LESSEE fails to remedy the breach to the satisfaction of LESSOR
within sixty (60) days of receipt of written notice, LESSOR may
either terminate this lease and recover from LESSEE all damages
LESSOR may incur by reason of the breach including, but not
limited to, the cost of recovering the leased premises and
attorneys' fees or maintain this lease in full force and effect
and exercise all rights and remedies herein conferred upon
LESSOR.
26. DAMAGE TO TilE PREMISES:
(A) LESSEE shall not do, or
suffer to be done, in, on or upon the leased premises or as
affecting said leased premises or adjacent properties, any act
which may result ~n damage or depreciation of value to the leased
premises or adjacent properties, 'or any part thereof.
(B) Lessee
shall not generate, store, produce, place, treat, release or
discharge any contaminants, pollutants or pollution, including,
but not llmited to, hazardous or toxic substances, chemicals or
other a~ents on, into, or from the leased premises or any
adjacent lands or waters in any manner not permitted by law. For
the purposes of this lease, "hazardous substances" shall mean and
include those elements or compounds defined in 42 use Section
9601 or which are contained in the list of hazardous substances
adopted by the United states Environmental Protection Agency
(EPA) and the list of toxic pollutants designated by the United
States Congress or the EPA or defined by any other federal, state
or local statute, low, ordinance, code, rule, regulation, order
or decree regulating, relating to, or imposing liability or
standards of conduct concerning any hazardous, toxic or dangerous
waste, substance, material, pollutant or contaminant.
"Pollutants" and "pollution" shall mean those products or
substances defined in Florida statutes, Chapter J76 and Chapter
Page 7 of 17
Lease No. 4042
403 and the rules promulgated thereunder, all as amended or
updated from time to time. In the event of LESSEE's failure to
comply with this paragraph, LESSEE shall, at its sole cost and
expense, promptly commence and diligently pursue any legally
req\'.ired closure, investigation, assessment, cleanup,
decontamination, remediation, restoration and monitoring of (1)
the leased premises, and (2) all off-site ground and surface
waters and lands affected by LESSEE's such failure to comply, as
may be necessary to bring the leased premises and affected off-
site waters and lands into full compliance with all applicable
federal, state or local statutes, laws, ordinances, codes, rules,
regulations, orders and decrees, and to restore the damaged
property to the condition existing immediately prior to the
occurrence which caused the damage. LESSEE's Obligations set
forth in this paragraph shall survive the termination or
expiration of this lease. This paragraph shall not be construed
as a limitation upon LESSEE's obligations regarding
indemnification an~ ~ayment of costs and fees as set forth in
Paragraph 14 of this lease, nor upon any other obligations or
responsibilities of LESSEE as set forth herein. Nothing herein
shall relieve LESSEE of any responsibility or liability
prescribed by law for fines, penalties and damages levied by
governmental agencies, and the cost of cleaning up any
contamination caused directly or indirectly by LESSEE's
activities or facilities. Upon discovery of a release of a
hazardous substance or pollutant, or any other violation of
local, state or federal law, ordinance, code, rule, regulation,
order or decree relating to the generation, storage, production,
placement; treatment, release or discharge of any contaminant,
LESSEE shall report such violation to all applicable governmental
agencies having jurisdiction, and to LESSOR, all within the
reporting period of the applicable agency.
LESSEE shall not be held resposible for any contamination
determined to be in existance prior to commencement of this
lease.
Page 8 of 17
Lease No. 4042
27. SURRENDER OF PREMISES: Upon termination or expiration
of this lease, LESSEE shall surrender the leased premises to
LESSOR. In the event no further use of the leased premises or
any part thereof is needed, LESSEE shall give written
notification to LESSOR and the Bureau of Land Management
Services, Division of state Lands, Department of Environmental
Protection, 3900 Commonwealth Boulevard, Tallahassee, Florida
32399 at least six (6) months prior to the release of any or all
of the leased premises. Notification shall include a legal
descciptlon, this lease number, and an explanation of the
release. The release shall only be valid if approved by LESSOR
through the execution of a release of lease instrument with the
same formality as this lease. Upon release of all or any part of
the leased premises or upon termination or expiration of this
lease, all improvements, including both physical structures and
modifications to the leased premises shall become the property of
LESSOR, unless LESSOR gives written notice to LESSEE to remove
any or all such imp~ovements at the expense of LESSEE. The
decision to retain any improvements upon termination or
expiration of this lease shall be at LESSOR'S sole discretion.
Prior to surrender of all or any part of the leased premises a
representative of the Division of State Lands shall perform an
on-site inspection and the keys to any building on the leased
premises shall be turned over to the Division. If the
improvements, do not meet all conditions as set forth in
paragraphs 19 and 35 herein, LESSEE shall pay all costs necessary
to meet the prescribed conditions.
2B. BEST MANAGEMENT PRACTICES: LESSEE shall implement
applicable'.Best Management Practices for all activities conducted
under this lease in compliance with paragraph IB-2.004(1)(d),
Florida Administrative Code, which have been selected, developed,
or approved by LESSOR or other land managing agencies for the
prot'lction and enhancement of the leased premises.
29. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee
title to the leased premises is held by LESSOR. LESSEE shall not
do or permit anything to be done which purports to create a lien
Page 9 of 17
Lease No. 4042
or encumbrance of any nature against the real property contained
in the leased premises including, but not limited to, mortgages
or construction liens against the leased premises or against any
interest of LESSOR therein.
30. PARTI~L INVALIDITY: If any term, covenant, condition
or provision of this lease shall be ruled by a court of competent
jurisdiction, to be invalid, void, or unenforceable, the
remainder shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
31. ARC1~EOLOGICAL AND HISTORIC SITES: Execution of this
lease in no way affects any of the parties' obligations pursuant
to Chapter 267, Florida statutes. The collection of artifacts or
the disturbance of archaeological and historic sites on state-
owned lands is prohibited unless prior authorization has been
obtained from the Department of state, Division of Historical
Resources. The Management Plan prepared pursuant to Chapters
18-2 and 18-4, Florida Administr&tive Code, shall be reviewed by
the Division of Historical Resources to insure that adequate
measures have been planned to locate, identify, protect and
preserve the .archaeological and historic sites and properties on
the leased premises.
32. SOVEREIGNTY SUBMERGED LANDS: This Lease does not
authorize the use of any lands located waterward of the mean or
ordinary high water line of any lake, river, stream, creek, bay,
estuary, or other water body or the waters or the air space
thereabove.
33. DUPLICATE ORIGINALS: This lease is executed in
duplicate originals each of which shall be considered an original
for all purposes.
34. ENTIRE UNDERSTANDING: This lease sets forth the entire
understanding between tb~ parties and shall only be amended with
the prior written approval of LESSOR.
35. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the
real property contained within the leased premises and any
improvements located thereon, in a state of good condition,
working order and repair including, but not limited to, keeping
Page 10 of 17
Lease No. 4042
~he le3sed ~rernises free of trash or litter, maintaining all
planned improvements as set forth in the approved Management
Plan, meeting all building and safety codes in the location
situated and maintaining any and all existing roads, canals,
ditches, culverts, risers and the like in as good condition as
the same may be on the effective date of this lease.
36. GOVERNING LAW: This lease shall be governed by and
interpreted according to the laws of the state of Florida.
37. SECTION CAPTIONS: Articles, subsections and other
captions contained in this lease are for reference purposes only
and are in no way intended to describe, interpret, define or
limit the scope, extent or intent of this lease or any provisions
thereof.
JB. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual
administrative fee of $300.00. The initial annual administrative
fee shall be payable within 30 days from the date'of execution of
this lease agreement and shall-be prorated based on the number of
months or fraction ~h~reof remaining in the fiscal year of
execution. For purposes of this lease agreement, the fiscal year
shall be the period extending from July 1 to June JO. Each
annual payment thereafter shall be due and payable on July 1 of
each subsequent year.
IN WITNESS ~IEREOF, the parties have caused this lease to be
executed on the day and year first above written.
BOARD OF TRUSTEES
IMPROVEMENT TRUST
STATE OF FLORIDA
CHIEF, BUR
MANAGEMENT SERVICES, DIVISION
OF STATE LANDS, DEPARTMENT OF
ENVIRONMENTAL PROTECTION
B
"LESSOR"
Page 11 of 17
Lease No. 4042
STATE OF FLORIDA
COUNTY OF LEON
The for ing ins rument w~~~cknowledged before me this
c.2:Z::. day of u.' IJ' 191...::L, by Daniel T. Crabb, as Chief
Bureau of Lan Ma gement Services, DiV(;iO~( State Lands,
~eparEi~nVironmental Protection, who i fare personally
known to me or ~ho has produced as
-'''enn'~cai1on. '.l'-
(SEAL)
Print/Type Notary Name
Commission Number: C C /() d Clh.,
NOlary Public. Shllt " f10tlda
My Commission Expi~f!Cil..milSion lIpir" Apt; 11, lftS
.......4..... If.' ,..............
(SEAL)
~
"LESSEE"
STATE OF F='"I-OI<./DfI
COUNTY OF D A-I>~
( SEAL)
~;e/ lJ8___
Notary Name
Commission Number: CC l/o..s-a..3
My Commission Expires:
NOTARY PUBLIC, STAT!! OF" nORlDA.
MY COMMISSION EXPIRES, J.D' II. "",
BONDED TUBU NOTAU rUluc UNOUWaJT~
Page 12 of 17
Lease tlo. 4042
FORM APPROVElJ
j LEGAL DEPT.
By -.JC->>
J- - 3 - fV
Date
EXHIBIT "A"
Parcell
Lot 6, Block 7, ALTOS DEL MAR NO.1, a Subdivision, recorded in.
Plat Book 31, at Page 40, of the Public Records of Dade County,
Florida. Lot 6 contains contains 16,004 ftl, more or less, or
0.367 acres, more or less.
Lot 6 is bounded as follows: Bounded on the North by the
Northerly line of Lot 6; bounded on the South by the Southerly
line of Lot 6, also being the Northerly line of 76th Street
(formerly Bougainvillia Street); bounded on the West by the
Easterly line of Atlantic Way (formerly Arriso Way); bounded on
the East by the Erosion Control Line of the Atlantic Ocean, as
said line is recorded in Plat Book 105, at Page 62, of the Public
Records of Dade County, Florida.
Subject to matters shown on a certain survey prepared by
Zurwelle-Whittaker, Inc., under orddr 177179-88, dated June 7,
1988.
AND
Parcel 2
',.":'5 1 through 5, Block 10 and Lots 1 through 5, Block 7, 1..11 10
!.o-:,s as shown on the corrected plat of ALTOS DEL MAR NO.1, a
s~division recorded in Plat Book 31 at page 40 of the Public
Records of Dade County, Florida; also that part of Atlantic Way
(:orme=ly l..iroso Way) desc=ibed in Official Record Book 6830 at
page 401 of the Public Records of Dade County, Florida. The
No=therly Boundary of that part of Atlantic Way being the
S~utherly Boundary of 77th Street (Forme=ly Clematis Street); The
Southerly Boundary of that part of Atlantic Way being the
~x-:.ension Easterly of the Southerly Bounda--y of Lot 5, Block 10
a==oss Atlantic Way to the Southwesterly corner of Lot 5, Block
7, all of the above referenced subdivision.
Tbe above described property (Parcel 2) bounded as follows:
Bounded on the North by the Southerly line of 77th Street
(:ormerly Clematis Street); Bounded on the South by the Southerly
line of Lot 5, Block 10 and it's extension Easterly and the
Southe=ly line of Lot 5, Block 7, as both Lots are shown on the
above referenced subdivision.
Bounded on the East by the Erosion Control Line, recorded in Plat
Book 105 at page 62 of the Public Records of Dade County,
Flcrida.
Bounded on the West by the Easterly line of Collins Avenue, as
said Avenue is shown on the above referenced Record Plat.
Tbe above described land contains 1'18,713 ft:. more or less, or
2.725 acres, more or less.
Subject to matters shown on a certain su--vey prepared by Zurwelle
Whittaker, Inc., under orde:.. No. 77127-88 dated April 12, 1988.
AND
Parcel J
Deed No. 29142
NO.
EXHIBIT
rAG\=' ,(3
-$I a .y ..<
Ii
OF ..l.l-
Lots 5.and 6, Block 6 ot ALTOS DEL MAR NO.1, Plat Book 31, Page
40, of. the Public Records of Dade County, florida, together ~ith
all ripar.ian or littoral rights appurtaining thereto, if any.
Together ~ith all right, title and interest, if any, in that
certain strip of land f/k/a Airoso Way n/k/a Atlantic Way.
All the above described parcels subject to conditions,
restrictions and limitations of record.
, .
Deed No. 29142
1707-
-.i!L OF R-
EXHIBIT "A"
Parcel A
Blocks 19 and 20, Corrected Plat of ALTOS DEL MAR NO.1,
according to the plat thereof recorded in Plat Book 31, at Page
40, Public Records of Dade County, Florida.
AND
Parcel B
Block 17, Corrected Plat of ALTOS DEL MAR NO.1, according to the
plat thereof recorded in Plat Book 31, at Page 40, Public Records
of Dade County, Florida, together with, Blocks 14 and 15, ALTOS
DEL MAR SUBDIVISION NO.2, Plat Book 4, at Page 162, Public
Records of Dade County, Florida.
AND
Parl~el C
Blocks 1, 2, 3, 4, 13, 14, 15 and 16, ALTOS DEL MAR NO.1,
according to the plat thereof recorded in Plat Book 31, at Page
40, Public Records of Dade County, Florida, together with, Blocks
2, 3, ~, 5, 6, 7, 8 and 9, ALTOS DEL MAR SUBDIVISION NO.2, Plat
Book 4, Page 162, PUblic Records of Dade County, Florida and all
that portion of Streets 80th, 81st, 82nd, 83rd, 84th, 85th and
86th, bounded on the Westerly side by a line 30.00 feet Easterly
of the center line of Collins Avenue and on the Easterly side
bounded by the Bulkhead Line established by. the City of Miami
Beach, and together with that po=tion o~ Atlantic Way bounded on
the No~ by a line 25.00 feet Southerly of the center line of
87th Street and bounded on the South by a line 25..00 feet
Northerly of the center line of 79th Street.
AND
Parcel D
Lots 1, 2, 3, 4, 5 and 6, Block 13, ALTOS DEL MAR, SUBDIVISION
NO.2, according to the plat thereof recorded in Plat Book 4, at
Page 162, Public Records of Dade County, Florida.
AND
Parcel E
That portion of land bounded on the Nor-~ by a line 25.00 feet
South of the center line of 87th Street projected Easterly;
bounded on the South by a line 25.00 feet North of the center
line o~ 79th Street projected Easterly; bounded on the East .by
the Erosion Control Line and on the West bounded by the Bulkhead
Line.
Lstablishment of Erosion Control Line and Bulkhead Line as per
data sboWn in Plat.Book 105, at Page 62, Public Records of Dade
County, Florida.
AND
Parcel r
That portion of 80th street bounded on the Westerly side by a
line 10.00 feet Easterly of the center line of a certain 20.00.
foot alley. adjacent and parallel to_the Wesferly line of Blocks
19 and 20, corrected plat of ALTOS DEL MAR NO.1, Plat Book 31,
Page 40 and bounded on the Easterly by a line 30.00 feet Westerly
of the center line of Collins Avenue.
NO. _ 7'0 ~ ..<
Deed No. 2914 J EXHIBIT /l
PAGE-/') OF-2-
.,n"- "'~.L r (cont.lnuec)
T'hat portion of Streets S3rd and 84th bounded on the West by a
line 10.00 feet East of the center line of a 20.00 foot alley
adjacent and parallel to the Westerly line of Block 17, corrected
plat of ALTOS DEL MAR NO.1, Plat Book 31, Page 40 and Blocks 14
and 15, ALTOS DEL MAR, SUBDIVISION NO.2, Plat Book 4, Page 162
and bounded on the Easterly by a line 30.00 feet Westerly of the
center line of Collins Avenue.
That portion of 86th Street bounded on the West by a line 10.00
feet Easterly of the center line of a 20.00 foot alley adjacent
to the Westerly line of Block 13, ALTOS DEL MAR, SUBDIVISION NO.
2, Plat Book 4, Page 162 and on the East bounded by a line 30.00
feet West of the center line of Collins Avenue.
Subject to:
Rights-of-way, easements and covenants and agreements of record,
if any now exist, affecting the above described premises, but any
such interests that may have been tdrminated are not hereby
reimposed.
, '
Deed No. 291< J
NO.
EXHIBIT
P AGF / ,
1/ ~ 'I Z.
/1
OF4-
EXHIBIT "A"
'.
Parcell
Lots 2 and 4, Block 5, Lots 2 and J, Block 6, and Lots 1 and 2,
Block 11, ALTOS DEL MAR NO.1, as recorded in Plat Book 31 at
page 40, of the Public Records of Dade County, Florida, being in
Section 2, Township 53 South, Range 42 East.
AND
Parcel 2
Lot 5, Block 5; and Lots 1 and 2, Block 12 of ALTOS DEL MAR NO.
1, Plat Book 31, Page 40, of the Public Records of Dade County,
Florida, together with all. riparian or littoral rights
appurtaining thereto, if any.
Together with all right, title and interest, if any, in that
certain strip of land f/k/a Airoso Way n/k/a Atlantic Way.
All the above described parcels subject to conditions,
restrictions and limitations of record.
Deed No. 29144
NO. ~CJt:/ 1-
EXHIBIT 1/
PAGE /7 OF...1L
91-7-50"-11
CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
- co
--f -"
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.~ "....,
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rrl
TO: Robert Parcher
City Clerk
FROM: Raul 1. AgUil&~
First Assistan~~~ f\ttorney
SUBJECT: Quit Claim Deed No. 306111
Board of Trustees of the Internal Improvement Trust Fund of the State of Florida
Re: Altos Del Mar
DATE: January 25, 2001
Attached please find the original Quit Claim Deed regarding the above-referenced matter.
Should you have any questions regarding the foregoing, please let me know.
RJAIkw
F:\A Tro\A.GUll\MEMOS\AL TSDLMIl.RP
Attachment
s. _~I
cc: Murray H. Dubbin, City Attorney
".~./
.(-.,..,,~
~~ '1.
~~t 19~45 PG 291 Z
.
o 1RO 15538 2001 JAH 10 13:2~
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
(!J ,
''-'.',j. .
. 11. 1 -,.
.: : T t~ I
QUITCLAIM DEED
L" .
'1/ r i", ;" .!,;
',-j',-"
.. Ui flel
Deed Number 30611
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA is by Section 253.03, Florida Statutes, authorized and
empowered to convey certain lands under the terms and conditions
set forth herein; and,
WHEREAS, said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on
the 28th day of September, 1993.
NOW, THEREFORE, the undersigned BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as
"GRANTOR", under authority of Section 253.03, Florida Statutes,
for and in consideration of the sum of Ten Dollars ($10.00) and
other good and valuable considerations, to it in hand paid by
CITY OF MIAMI BEACH, a political subdivision of the State of
Florida, as "GRANTEE," has remised, released, conveyed and
quitclaimed, and by these presents does remise, release, convey
and quitclaim unto GRANTEE, its successors, heirs and assigns
forever, all the right, title, interest, claim and demand which
GRANTOR may have in and to the following described lands in Dade
County, Florida, to-wit:
(See Exhibit "A" attached hereto and made a part hereof.)
TO HAVE AND TO HOLD the above-described lands subject to all
outstanding easements, reservations and other interests.
IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
have hereunto subscribed their names and have caused the official
seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
"
,D
-..,-
0-/1
.-(.,
, .
~~t 19445 PG 2913
FUND OF THE STATE OF FLORIDA to
(SEAL)
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE
OF FLORIDA
be hereunt~ ~ffixed in the City
I~ day odVtJV(!M~, A.Dd,M12.
/l.,~-JJ
of Tallahassee, Florida, on this
, . ",,",," .'1-(" I,..~"'" ,
_ ,. . ~.\of ." " ': . ~,_.;.
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SECRETA.~Y OF STATZ
r--;s.A- '7)~S---
BOB BUTTERWORTH
ATTORNEY GENERAL
~.J)- t) ~9 D
RO T F. MILLIGAN
COMPT LER
--
rD._
~
-
By:
~.~
DEP A torney
""
BILL 1;
TREASURER
APPROVED AS TO FORM AND
LEGALITY
As and Constituting the BOARD
OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
Page 2 of 4
Deed No. 30611
~" If
~~t I 9445PG 2914
EXHIBIT "A"
Parcel A
Blocks 19 and 20, Corrected Plat of ALTOS DEL MAR NO.1,
according to the plat thereof recorded in Plat Book 31, at Page
40, Public Records of Dade County, Florida.
AND
Parcel B
Block 17, Corrected Plat of ALTOS DEL MAR NO.1, according to the
plat thereof recorded in Plat Book 31, at Page 40, Public Records
of Dade County, Florida, together with, Blocks 14 and 15, ALTOS
DEL MAR SUBDIVISION NO.2, Plat Book 4, at Page 162, Public
Records of Dade County, Florida.
AND
Parcel C
Blocks 1, 2, 3, 4, 13, 14, 15 and 16, ALTOS DEL MAR NO.1,
according to the plat thereof recorded in Plat Book 31, at Page
40, Public Records of Dade County, Florida, together with, Blocks
2, 3, 4, 5, 6, 7, 8 and 9, ALTOS DEL MAR SUBDIVISION NO.2, Plat
Book 4, Page 162, Public Records of Dade County, Florida and all
that portion of Streets 80th, 81st, 82nd, 83rd, 84th, 85th and
86th, bounded on the Westerly side by a line 30.00 feet Easterly
of the center line of Collins Avenue and on the Easterly side
bounded by the Bulkhead Line established by the city of Miami
Beach, and together with that portion of Atlantic Way bounded on
the North by a line 25.00 feet Southerly of the center line of
87th Street and bounded on the South by a line 25.00 feet
Northerly of the center line of 79th Street.
AND
Parcel D
Lots 1, 2, 3, 4, 5 and 6, Block 13, ALTOS DEL MAR, SUBDIVISION
NO.2, according to the plat thereof recorded in Plat Book 4, at
Page 162, Public Records of Dade County, Florida.
AND
Parcel E
That portion of land bounded on the North by a line 25.00 feet
South of the center line of 87th Street projected Easterly;
bounded on the South by a line 25.00 feet North of the center
line of 79th Street projected Easterly; bounded on the East by
the Erosion Control Line and on the West bounded by the Bulkhead
Line.
Establishment of Erosion Control Line and Bulkhead Line as per
data shown in Plat Book 105, at Page 62, Public Records of Dade
County, Florida.
AND
Parcel F
That portion of 80th Street bounded on the Westerly side by a
line 10.00 feet Easterly of the center line of a certain 20.00
foot alley adjacent and parallel to the Westerly line of Blocks
19 and 20, corrected plat of ALTOS DEL MAR NO.1, Plat Book 31,
Page 40 and bounded on the Easterly by a line 30.00 feet Westerly
of the center line of Collins Avenue.
Page 3 of 4
Deed No. 30611
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~~t I 9445PG 2915
Parcel F (continued)
That portion of streets 83rd and 84th bounded on the West by a
line 10.00 feet East of the center line of a 20.00 foot alley
adjacent and parallel to the Westerly line of Block 17, corrected
plat of ALTOS DEL MAR NO.1, Plat Book 31, Page 40 and Blocks 14
and 15, ALTOS DEL MAR, SUBDIVISION NO.2, Plat Book 4, Page 162
and bounded on the Easterly by a line 30.00 feet Westerly of the
center line of Collins Avenue.
That portion of 86th Street bounded on the West by a line 10.00
feet Easterly of the center line of a 20.00 foot alley adjacent
to the Westerly line of Block 13, ALTOS DEL MAR, SUBDIVISION NO.
2, Plat Book 4, Page 162 and on the East bounded by a line 30.00
feet West of the center line of Collins Avenue.
Subject to:
Rights-of-way, easements and covenants and agreements of record,
if any now exist, affecting the above described premises, but any
such interests that may have been terminated are not hereby
reimposed.
~JN~FICJ.fI.__
OFDADECWlTY, Ff.~
RECORD veR/FIEO
HARVEY R\JVIN
CLERK CIRCUIT COURT
Page 4 of 4
Deed No. 30611
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