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90-20080 Reso .,. RESOLUTION NO. 90-20080 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AMENDMENT TO SOVEREIGNTY SUBMERGED LAND LEASE NO. 130765469 BETWEEN THE CITY OF MIAMI BEACH AND THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR THE MIAMI BEACH MARINA; DECLARING THE SUBMERGED LAND COMMONLY REFERRED TO AS PELICAN ISLAND TO BE SURPLUS TO THE NEEDS OF THE CITY OF MIAMI BEACH; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SPECIAL WARRANTY DEED IN FAVOR OF THE BOARD OF THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA FOR THE SUBMERGED LAND COMMONLY REFERRED TO AS PELICAN ISLAND. WHEREAS, on January 21, 1986, the City of Miami Beach (the "city") and the Trustees of the Internal Improvement Trust Fund of the state of Florida (the "Trustees") entered into Sovereignty Submerged Land Lease No. 130765469 as recorded in Official Record Book 13020, Pages 2520 through 2526, of the Public Records of Dade County, Florida, for the Miami Beach Marina (the "Submerged Land Lease"); and WHEREAS, the City and the Department of Natural Resources of the State of Florida have negotiated an Amendment to the Submerged Land Lease whereby: 1) The ci ty would convey to the Trustees by Special Warranty Deed the submerged land commonly referred to as Pelican Island. 2) The Trustees would waive percentage of wet slip rentals for the remainder of the term of the Submerged Land Lease and the City would pay only the base rate; and 3) The Trustees would waive all Submerged Land Lease fees in arrears through October 16, 1989; and WHEREAS, the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, met on June 26, 1990 and approved the above described amendment to the Submerged Land Lease; and WHEREAS, the City of Miami Beach City Commission finds that the submerged land commonly referred to as Pelican Island is no longer necessary for public purposes and wishes to declare the property surplus to the needs of the City of Miami Beach, Florida. 1 "" " NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH as follows: 1) The Mayor and City Clerk are hereby authorized to execute the amendment to Sovereignty Submerged Land Lease No. 130765469 between the City of Miami Beach and the Trustees of the Internal Improvement Trust.Fund of the State of Florida for the Miami Beach Marina, a copy of which amendment is attached hereto. 2) The submerged land commonly referred to as Pelican Island is hereby declared to be surplus to the needs of the City of Miami Beach. 3) The Mayor and City Clerk are hereby authorized to execute a Special Warranty Deed in favor of the Board of the Trustees of the Internal Improvement Trust Fund of the State of Florida for the submerged land commonly referred to as Pelican Island, a copy of which Special Warranty Deed is attached hereto. ADOPTED this 5th day of September 1990. ATTEST: ~ ~eh--v CITY CLERK PNB: lm FORM APPROVED LEGAL DEPT. By ~~~ 7//"ho I I Date 2 ~ ,:-~k~;..:~~..;J-:':':": .,:~":.._'l:>~~ -I.. "-~.~:..:."~..:- ~...-:;"d~.':"":'-.t :-....~~.'---.-~~~; ~ - '.).'.'; :..... ,--' '_:_-.~.' ' ~ ea, 01- 11UaHd ~ead FLORIDA 3 3 1 3 9 "V ACA TIONLAND U. S. A." :.; OFFICE OF THE CITY MANAGER ROB W. PARKINS CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 . COMMISSION MEMORANDUM NO. ~ July 25, 1990 DATE: FROM: </ TO: SUBJECT: AHENDKEN'r '1'0 SOVEREIGNTY SUBMERGED LAND LEASE FOR MIAMI BEACH KARIn AND AUTHORIZATION TO EXEC~TE A SPECIAL WARRANTY DEED FOR PELICAN ISLAND TO THE TRUSTEES OF THE IN'l'ERNAL IHPROVEKENT TRUST FUND OF THE STATE OF FLORIDA Backaround(Pelican Island/102.2 acres): On June 20, 1944, the City of Miami Beach ~ntered into an agreement with Placer Development Corporation of 'Florida to purchase, for the sum of $35,000, approximately 102.2 acres of submerged land lying north of DiLido Island, known as "Pelican Island." At that time it was the intention of the City of Miami Beach to construct a bulkhead around the perimeter of the submerged land and fill the interior of the parcel by the use of dredging the adjacent bay bottom. Additionally, the City of Miami Beach was to construct a bridge connecting the parcel with an existing right-of-way easement located on the north end of DiLido Island. Permits were granted from the United states War Department to accomplish the proposed construction. However, with the effects of the post-war economy still present in South Florida, the project was never completed. All that was accomplished was the placement of the wood pilings around the perimeter of the parcel that were to be used to secure the proposed bulkhead. Backaround (Miami Beach Marina - 37.85. acres): The Miami Beach Marina occupies an area of approximately 37. 85 acres of submerged land that lies to the west of City-owned land bordered on the north by MacArthur Causeway (5th street), on the east by Alton Road, and on the' south by Biscayne street. On December 18, 1984, the state of Florida's Board of Trustees of the Internal Improvement Trust Fund, converted to a five-year lease, a previously issued license for operation of a municipal public marina on submerged lands. On January 21" 1986, the State's Internal Improvement Trust Fund Board of Trustees extended the term of the lease to 25-years. Current status: On June 26, 1990, the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund, met' and approved the following modifications to the Submerged Land Lease, No. 130765469, for 25-years at the Miami Beach Marina whereby: ~~i continued. .", r> . . ,., ,." .... .... - AGENDA ITEM f\-3~B q.- 5-Qo DATE Submerged Land Lease/Miami Beach Marina and Pelican Island July 25, 1990 1) The City would convey to the Board of Trustees, by Special Warranty Deed, a 102.2 acre parcel of municipally-owned submerged land commonly referred to as Pelican Island. 2) The Trustees would waive percentage of wet slip rentals . for the remainder of the term of the Submerged Land Lease and the City would pay only the base rate for the remaining years of the lease set at $94,647.49 and shall be adjusted, pursuant to provisions of Section 18-21.011,' Florida Administrative Code. 3) The Trustees would waive all submerged land lease fees in arrears, in the amount of $355,914.50, through October 16, 1989. 4) The City will pay $118,673.70 as the lease fees from October 17, 1989 through January 21, 1991. Administration Reoommendation: The City Administration recommends tha~ the modified Sovereignty submerged Land Lease No. 130765469, with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, be approved as amended. Additionally, that the Mayor and City Clerk be authorized to execute a Special Warranty Deed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for Pelican Island. WHH:DC:blb Attachment 23 :.. .. . ." SPECIAL WARRARTY DBBD THIS SPECIAL WARRANTY DEED, made this ____ day of 1990, by the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, hereinafter called "Grantor" and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is c/o Florida Department of Natural Resources, Division of State Lands, 3900 Commonwealth Boulevard, Room 412, Tallahassee, Florida 32399, hereinafter called "Grantee": WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and 00/100 ($10.00) Dollars and other valuable consideration, receipt whereof is hereby acknowledged, has granted, bargained, and sold to the Grantee, its successors and assigns, all of the following described property located in Miami Beach, Dade County, Florida: From the Northeast corner of Section 29, Township 53 South, Range 42 East, run South 1 degree 37 minutes 08 seconds East, 778.29 feet along the Section line between Sections 28 and 29 to point of beginning; thence run South, 88 degrees 39 minutes 28 seconds West, 1000 feet; thence run South, 1 degree 37 minutes 08 seconds East, 4200 feet; thence run North, 88 degrees 39 minutes 28 seconds East, 1060 feet; thence run North, 1 degree 37 minutes 08 seconds West, 4200 feet; thence run South, 88 degrees 39 minutes 28 seconds West, 60 feet to point of beginning; containing 102.2 acres, more or less, lying and being in-Sections 28 and 29, Township 53 South, Range 42 East. SUBJECT TO: 1) Any right, title or interest in the above described premises that Grantee has at the present or may have had prior to the date of this' conveyance. 2) Any and all navigational and other rights or interests of the United States Government. 3) Restrictions, reservations and easements of record, if any. TO HAVE AND TO HOLD, the same in fee simple. AND the Grantor hereby covenants with the Grantee except as noted above that at the time of delivery of this deed the premises were free from all encumbrances made by it, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against none other. 1 IN WITNESS HEREOF, the Grantor has caused these presents to be executed in its name and on its behalf this 14th day of September , 19..2.9. CITY OF MIAMI BEACH, a Florida municipal co~ ation FORM APPROVED LEGAL DEPT. ~~~~ Date rp- ATTEST:. \ /J ~ ~ h. (j~ CITY CLERK STATE OF FLORIDA) )ss COUNTY OF DADE ) On this I!I- day of ~ ' 19!1J) before lIIe, personally appeared Alex Daoud, ayor of the City of Miami Beach, a Florida municipal corporation, and Elaine Matthews Baker, City Clerk of the City of Miami Beach, a Florida municipal corporation and known to me to be the same persons described in and who executed the foregoing instrument aforesaid, as the act and the deed of the City of Miami Beach, duly designated, empowered and . authorized to do so and they acknowledged that they executed the foregoing instrument for and on behalf of the City of Miami Beach, for the purpose and uses herein described. ~~J~ My Commission Expires: f-.;crr.c.::y PU2.1_1 C ST i.~ t (fF' ("Le,. ;.: ~',\ MY CC)i;;'<;I~SIC~ t'\? t'j,i.l.v 2G. j~~3 BO~iJt:l) 1~:RU GEiiERf.L INS. lir~D. NOTARY PUBLIC STATE OF FLORIDA .....--.. Prepared by: Office of the City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7470 REF:5\NORTHSHS.SWD 2 BOARD OF TRUSTEES Of THE INTERNAL IMPROVEMENT TRUST FUND A~1ENDNENT TO SOVEREIGNTY SUBMERGED LAND LEASE NO. 130765469 THIS LEASE A~tENDML~T, effective June 26, 1990. is entel'E>d into by and between the BOARD OF TPLSTEES OF THE INTERNAL IMPROVEME~T TRUST FU~n OF THE STATE OF FLORIDA. hereiMfter referred to as "LESSOR", A~D THE CITY OF MI~'11 BEACH, hereinafter referred to as "LESSEE"; WIT N E SSE r H WHEREAS. on January 21, 1986, lESSOR and LESSEE entered into Soyereignty Submerged Land Lease No. 130765469 as recorded in Official Record Book 13020, Pages 2520 through 2526. of the Public Records of Dade County, Florida; w~EREAS. on June 26. 1990. LESSEE requested and LESSOR authorized an amendment to subject lease; NOW. THEREFORE. th~ parties hereto agree as follows: 1. Paragraph 2 of Lease No. 130765469 is amended to read in its ~ntirety as follo~s: "The Lessor hereby agrees to waive all lease fees in arrears through October 16, 1989, in exchange for the Lessee providing to the Lessor a special warranty deed to a 102.2 acre parcel of submerged land owned by the Lessee, referred to as Pelican Island. The Lessor hereby agrees, throughout the term of this lease, to waive the percentage of wet slip rental fee provisions of Section 18-21.011, f.A.C., and to allow the Lessee to pay the base rate per square foot of the leased area as established by Chapter 18- 21, F.A.C. The Lessee hereby agrees to pay an initial lease fee of $118,673.70. the base rate per square foot of the leased area assessed from October 17. 1989 to January 21. 1991. the anniversary date of this lease. The Lessee agrees to pay an annual fee for the remaining years of this lease at the base rate per square foot for the leased area as established by Chapter 18- 21, F.A.C, The Lessee will be notified in writing, in advance. of the amount and due date of the annual payment. The lease fee shall be remitted annually to the Department of Natural Resources as the agent for the Lessor. on the due date each year until the term of this lease terminates or expires." 2. Paragraph 5 of Lease No. 130765469 is amended to read in its entirety as follo~s: "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 t"'"O (2) above." 3. Lease No. 130765469 is amended to add the following special condition: "The Lessee agrees to remove. at its expense. the pilings located around the parcel of submerged land to be deeded to the Lessor should thos~ pilings ever deteriorate to the point of becoming a hazard to public safety or navigation as determined by the Division of State Lands within five years from JUlIe 26. 1990, the effective d:::.'[e of this lease amendment." 4. It is understood and agreed by LESSOR and LESSEE that in each every respect '[he terms of Sovereignty Submerged Land Lease 130765469, except as amended hereby. shall remain unchanged and in force and effect and the same are hereby ratified, approved confirmed by LESSOR and LESSEE, and No. full and Page 1 of 2 PagtS Amendment to Sovereignty Submerged Land Lease No. 130765469 \. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA WITNESSES: (SEAL) STATE OF FLORIDA COUNTY OF LEON "LESSOR" Before me personally appeared Percy W. Mallison. Jr" to me well known and kno~n to me to be the person who executed the foregoing Sovereignty Submerged Land Lease Amendment. and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this A.D., 19 day of APPROVED AS TO FO~l AND Notary Public State of Florida at Large (SEAL) My Commission Expires: ~~~ &J2j c1.vcJv flII1/I9D BY Or ATTEST: Ny,or . " B1rmBR sf Clty CemffiiB518fi Title of Executing Authority "LESSEE" STATE OF Florida COu~TY OF Dade Before me personally appeared A1'!14~ ALe)( 1J/lQlIl) kno~n and kno~n to me to be the person who executed the foregoing Submerged Land Lease Amendment. and acknowledged to and before me executed said instrument for the purposes therein expressed. to me well SovereigI}ty tha t h t... WITNESS my hand and official seal. A.D., 199D this It.! day of ~-l.pf/~O-IJ1( {L~ -L~ Notary Public (SEAL) My Commission Expires: NQTrRY !,IT.L Ie STATE OF FLonIDA R{ cCt~r.u SS 10:; UP. MAY 20. : 9;3 BONDED THRU GENERAL INS. UNO. State of F (d"J-, ')i!, at Large FORM APPROVED LEGAL DEPT. Byt9~~~ Date 7hj/~o / Page 2 of 2 Pages Amendment to Sovereignty Submerged Land Lease No. 130765469 '.r^~ y OF MIAM',I BEACH *'~ CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER September 18, 1990 TELEPHONE: (305) 173-7010 FAX: (305) 173-7782 Mr. Martin Dix Katz, Kutter, Haigler, Alderman, Davis, Marks , Rutledge Professional Association - Suite First Florida Bank Building 215 So. Monroe Street Tallahassee, FL 32301 #400 RB: MIAMI BEACH MARINA Dear Mr. Dix: Enclosed, please find the following items relating to the City commission action of September 5, 1990: 1) A check payable to the State of Florida, Department of Natural Resources (DNR), in the amount of $118,673.70 for the Submerged Lease Fees at the Miami Beach Marina; with DNR Statement. 2) Executed Amendment to Sovereignty Submerged Land Lease No. 130765469. 3) Executed Resolution No. 90-20080 4) City Commission Memorandum No. 409-90. 5) Executed Warranty Deed for Pelican 19land. Please ensure that the check for the Submerged Lease Fee is delivered to the Office of the Deputy Director, prior to the due date of September 24, 1990; to avoid the late charge of 12% per anum. Ith~ ~s ." - . - We ask that"the Special Warranty Deed not be recorded by the State until the enclosed Amendment to the Sovereignty Submerged Land Lease has been executed and returned to the City of Miami Beach City Clerk's Office, as noted on their copy. Should you have any questions, please do not hesitate to contact my office. (;Z!~ ,e ~ " .."" Willia H. Harrison Executive Assistant to the City Manager WHH:blb Enclosures cc: Rob W. Parkins, City Manager ; ,;l,t'~ , I I ", MIAMI BEACH REDEVELOPMENT AGENCY OPERATING ACCOUNT MIAMI BEACH. FLORIDA 33139 ca INTE:RCONTIN€NTAL DANK 139$ IIlCUll AYfNUI -..;;;;r MIAMA. FLOIllOA 33131 39,44' Septemser 1S'9--9.e ONE HUNDRED EIGHTEEN THOUSAND, SIX HUNDRED SEVENTY THREE and 70/100 118,673.7 PAY DOLLARS $ r I ~on 870 "" 11100 j 11 .. .. III (J) I: 0 b ? 0 0 bOb j I: 11111 0 0 2 TO mE DEPARTMENT OF NATURAL RESOURCES ORDER OF DtLUXI; CHIECM; "AINTEAS MIAMI BCH. REDEVELOPMENT AGENCY OPERATING ACCOUNT DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK .8 IN "AYMENT OF ITEMS DESCRIBED BEL.OW. IF NOT CORRECT "L.EAl!IE NOTIFY US FOROMP'T\..Y. NO RECEIPT DESIRED. DATE INVOICE DEDUCTIONS NUM.ER DESCRIPTION AMOUNT NET AMOUNT PARTICULARS AMOUNT 9/10/90 211-Submerged L lnd $118,6 73.70 Lease fees at t~e Miami Beach Mari na through fiscal II ear 1990/91, ending 1/21/91 pursuant to Comn ission Memo 409-90--9/5 /90 Y-a DELUXE . FORM WVC-3 V-3 ~i'!o!"", ~"ii...iF~:I~~1U OF L;:',ND Nf:'!i\i(4f';Er-iE!.JT ~~>Ef;\j ICE Z: ~OSl OFFICE BOX 3070 ~:. (.'ILL. ~)H{.jS~:)EE . FL. 3:":;;' 1. :i-- 3070 Tel~ohone (904) 488-2291 U: CITY !"'/{-,N{',GEF\' C~ITY OF MIAM} BEACH 'l. 700 COI\jl,)ENT J D!',j CENTEn n;:;~! '-JE ''''j J AI"'\ J E\E~iCH . FL ~~3139 STATEMENT STATEMEI'.JT D(.'iTE (I f:.) / ;:'8 / 91.) ----..----.------.-..---.--------..-.------.-... Il.EASF NO. 130765469 i I -~-.-,---~-----.--------...-.-----.-----1 IE~FECTIVE 01/21/86 i I ---.-.-.-.---...--.-'----___,___._______.___ ._1 ! E. X F' I F:E SOl / :'1 / 1 1 I I -..-----..-..-__. ______.____._1 , I --.---.--...~-.---.-..--'.----- '-.....----.~.....---...--.-..-......._...---------....._.--..-..--.....-..... 1 T {.:l X I...~rl. I ' , I i ; LESSEE f'.J{.~;MF: CJ TY DF t'II ~\f't1I DEr-1CH ~ 1-----..--.--.-----.-.----.--.-.-.--.1 ; -.F..C'1E.f"'1. t'.-.'Iv/t::'..h!-' ,r...;.,. r',c:-'r~C'\..1 ""1''',r:'II\Jr : 'I C.r-,ll'-'F'.r-- 'F-;:::---T 1 ~ 4f'"'9'11 (H-, I ,I"" , .\. ....... '~t'H' ...." , j ,-tll ,l :'J;~ h.,.,' ,. t'ir.. . too) J' ~)...'), .. t; '.r:: ....t: .,. \.:> C . "..... , L.._______.....____._..____.__....._..._........_..._...._._._,_.---..._._.___..._._......_._.__._.___.__._..._..._....___._ L---.-..-.....---...--_..__.._.__________J .--.-.....---....-...-...-......-,-...--..-.----. .-....--..---..---'-....---..-------..---.---... .'........... ...----.-.-.-....-...-....-.-.----.-.-------.---.----------.--, ~:~M~ N:~_ 9(~. D~~~..~~.::~~A~~.:::~~24/:~__~:T~{4F~GES ~I..P:~__AN~ DUE DATE I SOURCE ! -I ---__.__; _ I I 01/21/89.1 S90150A ! 01/21/90 I ~A0161 I i I I I I I / / I I I I I t I I i i i i I I I ! I l I · 1 1 I ! I , I I I I ; ..._----------------------, i DEBIT I CREDIT I BALANCE I ) I I -..-! -------- i -------.--.! ----.-.-----/ I 24026. 21 ! j 240,26. 211 I I I I i 94647.40 i 1 118673.701 I I I I I I I ! I I I 1 I I I I I \, I I I I I I I ) I I I I i Ii, I I I i . I ! ! I l J I ! ii' --------------..--.-------.------..-------------------------, DESeR! PTI OI'.J 1.989/90 L.EASE LEASE r:-~I::' r ......... ~- i= r- I ....1:. 1990/91 I / / ; I ; / / / ./ .I i ./ / / ? I TOTP,L DUE .:t> i 18f173. 70 ----- ------ ,.--._____.__.___..._.f-I.+,!~.-.-.--.,;..--.;;;..,----..--.---_________________ SPECIAL INSTRUCTIONS OR COMMENTS: TO INSURE PROPER CREDIT TO YOUR LEASE -------, I i I ! I ! , i I -----1 Please return one CODV of this statement with Your payment.. · Make your check payable to DEPARTMENT OF NATURAL RESOURCES. Address envelope exacflY as printed on too o~ this statement. . Reference your lease number on your check. If YOU have any questions or comments~ inquire to Fred Henriksen ----..---- Cod f=:' 021017 $ 118673.70 025001 ~ 0.00 ~t=. (I " 00 FOR OFFICE USE ONLY, 'rqanization Code 74101000000 Object Object ~ndor No. C20240800j Object .-------..-.---....---- L{:J(J e [:c~d e Dbj ect... CDdc:. ~; ().. ::)1:.1