Letter to Louise Barrett from Theus J. Sheil, Esq.i1._
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~ LAW OFFICES
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~ Cp11EN, GASSY 1., ICAL'I'MAN chi ~~-1TANT"L, ~~' A'
A PROFESSIONAL ASSOCIATION
CARMEN A. ACCORDING 800 SOUTHEAST BANK BUILDING MARC LIPSITZ
MICHAEL H. LUBIN
MILADY S. BLOOM 100 SOUTH BISCAYNE BOULEVARD RAYMOND V. MILLER
MYRNA D. BRICKER
JOHN L. BRI7TON
D1iAIri 1, j"1-vi?IDA `_i `3131 ANDREW J. NIERENBERG
J. ROBERT OLIAN
GARY BROOKMYER (305) 371-3100 ALFONSO J. PEREZ, JR.
JAMES 5. CASSEL
MARWIN 8. CASSEL
FROM BROWARD (305) 523-6611 FRANCISCO R. RO DRIGUEZ
LAWRENCE M. SCHANTZ
JAMES COHEN TELECO PY NUMBER MIAMI: MARINA SHANK-KLEIN
MARK D. COHEN
STEVEN W. OEUTSCH
(305) 371-3100 TH EUS J. SHEIL
STUART R. SILVER
ELAINE E. FELDMAN FRANK J. SINAG RA
DIANE D. FERRARO
MICHAEL A. SLIVKA
DEAN M. FREITAG DAVID SOFGE
PAUL D. FRIEDMAN
VALERIE A. STOTT
STEVEN H. FRIEDMAN
100 NORTH BISCAYNE
REPLY ANDREW V. TRAMONT, JR.
BETH GREEN FIE LD-HANDLER TO: DIANE M. VAN NEBS
GRACE M. GO NZALEZ SCOTT wEISBURD
W. JOHN GUNDLACH, JR.
FILE NO:
JAMES T. HALEY OF COUNSEL
KAREN KANTNER
NARVEY RUVIN, P. A.
EDWARD A. KAUFMAN
JOHN T. KINSEY
December 5, 1983 ~~~~~~~
~~
CITY G~ ~ DEPT.
3y
M. Louise Barrett
Assistant City Attorney
City of Miami Beach
P.O. Bin 190000
Miami Beach, Florida 33119
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Re: Miami Beach Marina
Dear Pds. Barrett
Pursuant to your letter
closed herewith is a photocopy of
re~,rard to the captioned property
under Clerk's File No. 838317117
Page 1143, Public Records of Dade
dated August 22, 1983, en-
the Short-Form Lease with
recorded November 9, 1983,.
in Official Records Book 11963,
County, Florida.
Please contact me if you have any questions or require
any additional documentation.
'ncerely,
. -~~~2~z-Q-~c-
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THEUS J. SHEIL
for the Firm
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Enclosure
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NEW WORLD TOWER, SUITE 1011 100 NORTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33132 (3C SJ 371-1400
CITIZENS BUILDING, SUITE 701 105 SOUTH NARCISSUS AVENUE WEST PALM BEACH, FLORIDA 33401 (305) 659-4331
SUITE 100, 500 5. E. SIXTH STREET FORT LAUDERDALE, FLORIDA 33301 (3051 463-8537
B39 NC RTHWEST 119 T" STREET - NORTH MIAMI, FLORIDA 33168 (305) 688-9652
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~r0585-3.1)
SHORT-FORM LEASE
RNOW ALL MEN BY THESE PRESENTS:
THAT the CITY OF MIAMI BEACH, a municipal corporation, of
the State of Florida, in consideration of ONE DOLLAR and all
other good and valuable considerations, hereby demises, leases
and lets unto GARNER-MASON ASSOCIATES, LTD., a Florida Limited
Partnership, with its offices at 300 Alton Road, Miami Beach,
Florida 33139, as Lessee, the following-described premises,
situate, lying and being in the County of Dade, State of Florida,
to-wit:
Lessor's entire interest in and to that certain
Lease Agreement dated June 24, 1983, between the
CITY OF MIAMI BEACH, FLORIDA; as Lessor, and
GARNER-MASON ASSOCIATES, LTD., a Florida Limited
Partnership, as Lessee, together with Lessor's
interest in and to the real property and the rights
to adjacent submerged lands covered by said Lease,
together with all rights contained therein and
thereon, (all of the foregoing hereinafter called
"Mortgage Property" or "Property") , which real
property and submerged lands are described in
Exhibits "A" and "B" attached hereto and made a part
hereof;
together with the improvements situated thereon for an initial
term of thirty (30) years commencing July 15, 1983, together with
three ten-year renewal options.
This Lease is subject to all the conditions, terms and•pro-
visions of Lease Agreement of even date between the parties
hereto, which Agreement is hereby adopted and made a part hereof
by reference, to the same extent as if all the provisions thereof
were copied in full herein.
IN WITNESS WHEREOF, the parties, by and through their duly
authorized representatives, have executed this Lease in their
respective names, this ~ day of ~~y,~T ~~„ 1983.
Signed, sealed & delivered
in the presence of
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"CITY" ~ •~•
CITY OF MIAMI BEACH, ~:'-, ~ ~ ~;' ~;'•.
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A Municipal Corporation\~~ r,,: ;<. ,• ~._~
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MAYOR.___ ~~- ~ -
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Attest : ~ ~~~ l~ ~~,C ~~ llf/ ~.i.~-~--~; ~ .
CITY CLERK
The i~tiami Beach Redevelopment Agency hereby approves this
Lease Agreement insofar as the Agency, as a separate and distinct
entity, is affected or obligated by the terms thereof and insofar
as the A9ency has regulatory control of the Marina Site pursuant
to the provisions of the Community Redevelopment Act and/or
certain licenses and permits which may be held by said Agency for
the construction, development and operation of the Marina.
C
~.. CASSEL S CASSE L, P A NEW ti'O RLD TOWER, InQ NORTN l31S CAVNE bOULE\'A RD, MIA M1, FLA. 73132 #5 371-1400 -^/
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Th's Instrument Prepared ey:
MARWIN S. C.ASStL, ES4.
~ BRITTON. COHEN, Cl:S3EL,
P~ti. I l 963 ~c~l~ 14.3 t<AUFt~iAN & SCI-4ANTZ, P.A.
100 N. Biscayne Blvd., Suite 1011
Miami, Florida 33132
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SECRETARY
STATE OF FLORIDA
MIAMI BEACH REDEVELOPMENT AGENCY
(AGENCY)
BY • -- _ ~~___
CHAIRMAN
)SS:
COUNTY OF DADS )
On this ~; ~~ day of ,r.y^~ , 1983, before me came
Norman Ciment an~ Elaine Matthew~me known who bein b me
9 Y
duly sworn, did depose and say that they are Chairman and
Secretary, respectively of the Miami Beach Redevelopment Agency,
which is a public agency organized and existing by virtue of the
Community Development Act of 1969, Chapter 163 Florida Statutes,
and which approved the foregoing instrument; that they know that
the Agency duly approved the foregoing instrument by virtue of
Resolution No. 14-83 ~. a copy of which is attached hereto.
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'^y Mp,: ;co"m;niss ion expires:
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NOlA~Y, ~UBLIa SPATE OF FLORIDA AT l.AFCtE
MY, GOMMlSSION EXeIpES AP~Z1L 2~ 1985
BONDED IHRU GENERAL JNS, UNDERYrRITERS
STATE OF FLORIDA)
)SS:
COUNTY OF DADE )
NOTARY PUBLIC, STATE OF FLORIDA
AT LARGE
GARNER-MASON ASSOCIATES, LTD.
(Lessee)
By ~ -----~~ ---
resin H. Mason, General Partner
BEFORE ME, the undersigned authority, on this day personally
appeared IRWIN H. MASON, known to me to be the person whose name
is subscribed to the foregoing instrument as General Partner of
GARNER-MASON ASSOCIATES, LTD.., and acknowledged to me that he
executed the same for the purposes and consideration therein
expressed in the capacity therein stated and as the act and deed
of the Association.
n GIVEN under my hand and seal of office this a~~ day of
----
NOTARY PUBLIC, STATE~OFr FLORII3r~
AT LARGE •.. E ''
T9 ~7.
My commission expires: ~ V"~~"'"'""Je~"=~~Lt:~s~~41vCEuND~:,"''S~*'~'
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CASSEL S CASSEL, P. ANEW WORLD TOWER, 100 NORTN BISCAVNE BOULEVARD, MIAMI, FLA. 33132 TEL. 371-1400
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EXHIBIT "A"
Parcel 1
All of Lots 22 through 29, inclusive, and Lot 21, less the southerly 40 feet
thereof of,- in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3,
according to the Plat thereof as recorded in Plat Book 2, page 81, of the Public
Records of Dade County, Florida; together with a 40-foot right-of-way on the
Bay side of the Hope and Rebecca Tower property, (being Lots 15 through 20
and the southerly 40 feet of Lot 21 in Block 111, of OCEAN BEACH FLORIDA
ADDITION NO. 3); together with an easement over or under and upon the
westerly 100 feet of Lots 30 and 31, all in Block 111, OCEAN BEACH
FLORIDA ADDITION NO. 3, as recorded in Plat Book 2, page 81, of the Public
Records of Dade County, Florida.
Parcel 3
Lots 1 through 14, inclusive, in Block 111, of OCF_AN BEACH FLORIDA ADDI-
TION NO. 3, together with 80-foot right-of-way of Biscayne Street, lying west
of Alton Road, all according to the Plat thereof as recorded in Plat Book 2,
page 81, in the Public Records of Dade County, Florida; together with the lands
as set forth in "Exhibit A-1".
Parcel 4
Lots 30 through 42, inclusive, in Block 111, of OCEAN BEACH FLORIDA
ADDITION NO. 3, according to the Plat thereof as recorded in Plat Book 2,
page 81, of the Public Records of Dade County, Florida; and all of DADS
COUNTY PROPERTY OF MIAMI BEACH, according to the Plat thereof
recorded in Plat Book 14, at page 70, of the Public Records of Dade County,
Florida, also described as: the amended Plat of Lots 43 through 50, inclusive,
in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3, according to the
Plat thereof as recorded in Plat Book 2, page 81, in the Public Records of Dade
County, Florida.
Parcel s
The West 2 feet of Lots 15 through 20, inclusive, and the southerly 40 feet of
Lot 21, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3, according
to the Plat thereof as recorded in Plat Book 2, page 81, in the Public,Records
of Dade County, Florida. -
D169-1336Q
C~a`.-~°CL S cAc,Scl p n NFW WOQLD TOWER, 100 ~~ORTH PiSCnVnrF BOUICVARf7, MIAMI, FLA J3132 TEI. J71-Ia00
..~- ~:' ~ •: °~~~ ! 1963 P~~1~ 14.6
All that part of the North 132.0' of
Section 10, Township 54 South, Range 42
East, described as: Beginning at a
point on the northern boundary of said
Section 10, which is intersected by the
Easterly boundary of Jefferson Avenue
• extended Southerly across Biscayne
Street as a point or place of beginning:
thence southernly continuing the east-
erly boundary of Jefferson Avenue -~x-
tended for a distance of 132:0' ~_o a
point; thence westerly 208.1' more or
less along a line parallel to and 132.0'
southerly from the northern line of said
Section 10 to Biscayne Bay; thence
northwesterly meandering the Bay to the
intersection of the northern line of
Section 10; thence easterly along the
'~ northern line of Section 10, 285.0' more
or less to the point or place of beain-
,•• ning; (the northerly boundary of said
Section 10 being common with the south-
• erly boundary of Biscayne Street), Also
described as: All of that part of the
North 132.0' of Section 10 Township 54
South, Range 42 East, known as Tract A
or the Smith Company Bay Front Tract,
more 'particularly described as follows,
to wit: Bounded on the north by the
northern line of said Section 10;
bounded on the east by the east line of
Jefferson Avenue extended; bounded on
• the south by a line parallel to and
distant 132.0' south of the northern
line of said Section 10, and bounded on
the west by Biscayne Bay.
ExHIEIT "A-1"
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• ~. LEGAL DESCRIPTI0~1
hilA~•tI BEACH ~•~aRI~tA
_ A portion of land lying t•lest of and adjacent to Block 111 of OCEAJI 6EACN,•FLa.
ADOITIO?t P;O. 3' according to the Plat thereof as recorded in Plat Book 2, at
r""ale 31 of tn° ?ublic R°cords of Dade County, Florida, ^ore particularly de-
• scribed as folloti•rs: Co,~•rence at the t~lorth~,~est corner of Section 3, To•~:nship
54 South Ranae 42 East; thence run Easterly along the ~lorth line of said Sec-
. tics 3 for 1350.C0 feet, rr.ore or less, to a point on the East Line of 81ock
90 of the afore^entioned Plat; thence run 500'30'00"E along the East line of
Blocks 90, 89, oG, 87, 86, 85, 84, 83, 82, 81, 80, 79,.and a portion of block
111 and along their Southerly extensions for 5207 feet to the Southeast corner
of lot 1, Block 111 of said Subdivision; thence run 589°05'00"'~! along the Sout
line o-" said Lot 1, Block 111 for 250.00 feet to a point on the East waterline
of 5iscayne Bay, said. point also being the POIitT Or BEGI+IiJIifG of the Tract of
• land hereinafter described; thence run 1132°00'00"w', along a line 300 feet !•tes~
of and parallel to the !•,esterly P.ight of !•Jay Line of nlton Road for 2150.00
feet to a point; thence run X125'37' 26"!•1 for 335.62 feet to an intersection :•/i;
. a ling that is 35.00 feet Northerly of and parallel to the ~lorth line of a Lo•
designated 49 B as •sho•.~n on the A;•tE;aDED PLAT:of LOTS 43 to 50, 6LOCt: 111, OCE~
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BEAC,-i, FLA. , A~JOITIOi! "r;o. 3 as recorded in Plat book 14, at PaSY 70, of the
Public Records of Dade County, Florida; thence run 558'00'00"!~J at right ar,gl~
to said Alton Road for 600.35 feet to a point; thence run S32=G0'00"E rcr 111
feet to a point; thence run S52°00'00"!•; for 150.00 feet to a point; thence ru
• 532°00'00"E for 500.G0 feet to a point; thence run fi53'00'00"E for 150.00 fe?
,•to a point; thence run 532-00'00"E for 912.00 feet to a point; thence run
. ~- 567°35'06"E for 400.38 feet to a point; thence run X158°00'00"E for 330.00 fee
• sere or less, to other lane's of the City of t~lia~i beach; thence run ;~;32°00'0
f Ur 30v f:.~t-, ~:.OI"~ Or ie», l~.y 0~,^,~r lt?n~S Of Lhe Cl ~y Of i•tical °?cCfl, t0`,i,:
PO~:~T C~r b~GI~;,lI..G; containir•g 1,6a8,9~$ Squ3rE' feet (37.x5 acres), r:ore er 1
EXHIBIT "B"
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• •~`•~'~ ~ °r I 1963 P~'i~14.8
RESOLUTION NO. 14-83
A RESOLUTIOIQ OF THE MIAMI BEACH REDEVELOPMENT
AGENCY APPROVING THE LEASE AGREEP4ENT WITH CAR-
NER- i~'lASON ASSOCIATES, LTD. FOR THE CONSTRUCTION
Ai~D MANAGEMENT OF A A1ARIiJA AND DRY STORAGE FACIL-
ITY IN THE SOUTH SHORE REDEVELOPMENT AREA INSOFAR
AS THE AGENCY, AS A SEPARATE AND DISTINCT ENTITY,
IS AFFECTED OR OBLIGATED BY THE TERMS THEREOF, AND
BY REASON OF ANY CONTROL OF THE AGENCY PURSUANT TO
THE PROVISIONS OF FLA. STATUTE 163 AND CERTAIN
LICENSES AND PERMITS HELD BY THE AGENCY FOR THE
CONSTRUCTION, DEVELOPMENT AND OPERATION OF THE
MARINA .
WHEREAS, a lease agreement has been negotiated with
Carner-Mason Associates, Ltd. for the construction and manage-
ment of a marina and dry storage facility in the South Shore
Redevelopment area; and
WHEREAS, Florida Statute 163 may give the Agency some
control over any development in the redevelopment area; and
WHEREAS, certain licenses and permits may be held by
the Agency necessary to the construction of such marina facility,
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI BEACH
REDEVELOPMENT AGENCY:
That tine Miami Beach Redevelopment Agency approves the
lease agreement with Carner-Mason P.ssociates, Ltd. for the construc-
tion and management of a marina and dry storage facility in the
South Snore Redevelopment area insofar as the Agency, as a separate
and distinct entity, is affected or obligated by the terms thereof,
and by reason of any control of the Agency pursuant to the pro-
visions of Florida Statute 163 and certain licenses .and permits
held by t,1e Agency for the construction, development and operation
of the 1`~~arina.
PASSED and ADOPTED this
ATTEST:
15th day of June 1983.
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C HA I Ri•1AN
SECRETA Y
APPROVED AS TO FOAtM AND LEGALITY
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6153B
DATE
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CE DARE CDIrH IY, ELDRIDA.
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