Recorded Lease Agreement - Modified Sovereignty Submerged Land Lease`~?~ REC. ~ ~ I ~ ~ PGOfifiO
This Instrument Prepared Bys
g~ane C Roaows~
Sureau of Land Management Services
3900 Commonwealth Boulevard
Kail Station No. 130
Tallahassee, Florida 32399
~~R~s ~.5~dr2 1993 DES 14 15:31
BOARD OF TRUSTEES OF THE INTERNAL IHPROVEXENT 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.
PIITNESSETHs 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 conANDtTHE CITY OF 1"IIAMInBEACH REDEVELOPMENT ACENC
lease to THE CITY OF MIAMI BEACH ,/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 8ast_ , in Biscayne Bav •
Dade County, containing 1,648.911 square feet, more or less,
as is more particularly described and shown on Attachment A, dated
December 21, 1992.
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 followss
1. The Lessee is hereby authorized t~~peratg excp~l~ively a commercial
marina facility, with fueling facilities w t sews a ut facilities, and with
liveaboards, as shown and conditioned on Attachment A.
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 Leases 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 Leases agrees to pay an annual fee for the
remaining years of this lease at the bass rate per square foot for the leased
area as established by Chapter 18-21, F.A.C. The Leases 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 a• 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 frog the previous year, certified true and correct,
needed to calculate the lease fee specified in paragraph two (2) above.
5. For purposes of this lease, the Lessor is hereby specifically authorized
and esspowered to examine, for the taro of this lease including any extensions
thereto plus three (3) additional yearn, at all reasonable hours, the books,
records, contracts, and other documsnas •oncifiedginnd perraihit~t~2)habova.
computation of annual lease payme pe, par g P
LM-5 09J15/93 (Ol)
~9~
Of f. ~ 6171 ~c,Obs ~
REC.
6. Ths Lease• shall secure, maintain, and keep Thisrperiod shallhbe ntir•
term of thi• lease, plus three (3) additional years.
extended for an additional two (2) years upon request for examination o! 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. Tha Lessee shall, within ten days prior to
any change in the approved use of the sovereign~yo laedschange• whereupondtheland
activity, notify the Lessor in writing of the p Po
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
andeintereet tossaideland hereinbeforesdescribedyisrveatedhinethe Lesaorl title
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
theptermsoof theeagreementcbetweengLesaestandeTallahaeseenBuildinq Corporationby
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 tnt of alland
conditions of this lease which include, but are not limited to, payme
fees and/or penalty assessments incurred prior to such act.
11. The Leases shall investigate all claims of every nature at it• expense,
ofdFloridaifrom all~claimea actionse lawsuits and demandaearieing out ofethiste
lease.
12. Lessee waives venue ae to any litigation arising from matter 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 condition•
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 coats and attorneys' fees incurred by
the Lessor to enforce this provision shall be paid by the Lessee. All notice•
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 address:
City of Miami Beach The City of Miami Beach Redevelopment Agency
1700 Convention Center Drive 1700 Convention Center Drive
Miami, Florida 33139 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 thi• lease.
25. The Lessee shall not permit the leased premises or any part thereof to
bs 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
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
Page ~_ o! ~~ Pages
Sovereignty Submerged Lands Lease No. 130765469
oFF. i 6 I ~ I P~,066z
REC.
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 individuae bhandicap~ or
that individual's race, color, religion, sex, national origin, aq ,
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 est forth in Attachment ~, 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 waiver^ on its part of any
provision herein, shall operate as a discharge thereof or render the same
renewaltthereof orain the event of subsequent breach orebreacheae upon any
20. Upon expiration or cancellation of this lease all permission granted
hereunder shall cease and terminate.
21. Renewal of this lease shall be at 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 thi• 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
Lesaes 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 fts 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 structure• 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 a•
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 i• 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 i•
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 day 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.
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 rula• 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 boatlift• within the leased premises
without formal modification of the lease provided that (a) Lessee pr~hedlocation
Lessor an acceptable engineering drawing of the proposed lifts (b)
Page ~_ of ~.~, Pages
Sovereignty Submerged Lands Lease No. 130765469
oFF. ~ 6171 Pc06~3
REC.
or size of th• lift does not increase the mooring capacity of the facility] and
(c) written approval of Leeson is oftauchdauthorization shalllbetattached to the
construction of the lift. A copy
lease.
27. Lessee shall place and maintain covered, secured trash receptacles,
preferably of 50 gallon capacity, of a sufficient number and at appropriat•
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 poet signs the size of which shall be at least a• large
as 18" x 24" with white lettering on green background to carry an appropriate
message ouch as DON'T BE A LITTER BUG] PLEASE PLACE TRASH IN RECEPTACLE] or TRASB
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 ba 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, SPE IAL LEASE CONDITIONSs
(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 o~,f, this lease or any
renewal thereof, Lessee is in compliance with the tei*meSand 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 pilinq• 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 ~_ of ~_ Pages
Sovereignty Submerged Lands Lease No. 130765469
OFF. ~ 617 ~ PG0664
REC.
WITNESSES:
Origins Signature
!~F-AGO ~~~~
Typed/Printed Name of Witness
`~- ~ ty. ,.,.,
Oriq na Signature
~~ K~n~ ; e- ~ s ~ SO nJ
Typed/Printed Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
~~"'
known to me. and
instr t was acknowled
19_ ~~by John R Pete
APPROVED AS TO FORM AND LEG ITY:
DE Attorn
WITNESSES:
~.,.ia
,°
,,
Typ/e~nted Name of Witness
/ll.ftr j~fl . ~ ~,(~.c,~.G-u~
Original Signature
M~~e.c.En, A k-l~ ! I , a ~
Typed/Printed Name ofJ Witness
STATE OF ~~ ~ ~"~ ~ ~` a-
COUNTY of D a ~~ e
BOARD OF TRUSTBES OF TH8 .INT~NPi2•''~,
ItiPROVENENT TRUST FUND QF TH8 STAfTT! OF
FLORIDA ~ ~ ~'
( r:
'~~r;
.._-~ ,
BY '
J n R. Peterson, Platininq Mana~, r;' .~'
reau of Land Management Servl~geltsr `
Division of Stats Lands Ag~r}t-,fr~i' the
Board of Trustees of tlid:•-Internal
Improvement Trust Fund
"LESSOR"
i,,
'~,
a 3....... --.,
qed before me this da~'o~~
rson, Planning Manager, whp ~_ p~i~o ~g
- - : ~-
~- :~_
~~~ C~ • .~
Notary Public .-
C (.
State of Florida at Lar •'.'•,, ..•' ~
%%~~ G ~ 5
Typed/Printed Name of Notary Public
nary -ubllc, State of Florida
My Coromiasion Sxp~~.^
/~ ot~,:~tssion Expires Moll 14,140
Commission No. CCo ~~~~
z-~
The foregoing instrument was acknowledged before me this - ~ ~ day of
c ~d be r , 19 4 3 , by SAY n~au r Ge /berg /'h~v oi- , who is/ate
personally known to me.
Ny Commission Expires:
Commission No.
O 'FI IAL N Y S A
LM-$ DIAN L SEROUSSI
N04'ARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC2T1727
MY COMMISSION EXP. MAY 20,1997
Notary Public (SEAL)
~ r`a •~ L- S~e ro a ss.'
Typed/Printed Nana of Notary Public
State of f~~or'~ ~~a at Largo
Pago ~_ of ~_ Pages
Sovereignty Submerged Lands Lease No. 130765469
FORM APPROVED
LEGAL DEPT.
~_~c~
once ~ - ? ~ 33
4f f. 16171 P~,0665
REC.
WITNESSES: ~'~
Original Signature
R ~~~ ~ ~.~ ~. ~~ow N
T d/Printed Nacge of Witness
-~~-u ~~
Original Signature
/~'1c'2GcorA k//~iA~
Typed/Printed Name of Witness
STATE OF ~ ~ O Y- ~ ~~t
COUNTY OF ~~ 4 ~ ~'
CITY ~F MIAMI BEACH
Les
BY - -
n <,~:nn i at re ecuting uthority
Name of Executing Authority
"LESSEE"
'E ~i
The foregoing instrument was acknowledged before me this ~ day of
/~Qr~- 19 °? by ~~ ,%u~- Ge lber who is/are
personally known to me. ~
My Commission Expires:
Notary Public (SEAL)
Commission No.
tiOTAI'.YiLLiT~.`+...l:..l.' t~^'.~.
iiY C~ .'.='dIYSi0~+ F'~;?. Pf ~':' 2^,-c^-
~r'a K L Sri--~ uSs~
Typed/Printed Name of Notary Public
State of F/n ~--~'cla at Large
Page 5-A of 12 Pages
SSLL No. 130765469
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Page 6 of 12 Pages SSLL No. 130765469
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MCANLY, ASNER AND ASSOCIATES, P.A.
PROFESSIONAL ENGINEERS. PLANNERS & LAND SCR~EI'ORS
SI01 TAMIAMI TRA1L EAST, SUITE :02
MAPLES. FLORIDA 33962J130
TELEPHONE 813•'775-072)
TELECOPIER 813775-9:36
LEDAL DESCRIPTION
MIAMI BEACH MARINA LEASE AREA
A portion of land lying West of and adjacent to Block lii 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 B10Cks 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 S89°05'00"W
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.
P ep ed y:
Z/Z~ /9z.
Carol E. Nelson, .L.S.
Florida Req. No. 5013
Date: July 5, 1992
Rev.: Dec. 17, 1992
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Attachment A
Page 7 of 12 Pages
SSLL No. 130765469
1 't ~
19 •.` •'
State of Florida
DEPARTMENT OF NATURAL RESOURCES
I1K t t tt)~ .I l~l~~l \t) \~~1 It
REC: 16 171 Pc0668
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~t.rn.•r. ~r..rr:ur.rn (h.uFLr. IrurlJurK
t•rrrt .•rurn..n..~.rlrl~ Ihwk•aaul, IalLrha..a•-'. IIrruJ~ )?urn
S T A T E O F F L O R I D A
C n U N T Y O F L E n N
C E R T I F I C A T E
G E U k c; t: }' I R k: S"TO lr t:
ti•<Rt.r, «I tutr
JIM blw11T11
Mt.rw.f Gfran~l
GER1-L.O A. LEW1S
t,...rrt...tkr
BILL CUNTt:R
DOYLE CONKER
tAwrwlulon-r of ALrkulrarr~
RALPH D. TURLINCTON
t:o~rralwoner •1 Ldarc.Uon
I, Judy A. Howard, do hereby certify that cite Governor and Cabinet, slttln= as
ti-e Doard of Trustees of tl)e Internal Improvement Trust Fund, met on January 21, 1986
and approved the following amended additional substitute Item 17 on the agenda for
that date, with an amendment to tl-e last line of Lire lease :nodlfleatlon (paragraph 12)
in tine staff remarks.
Ucletc: "shall be renewed for an additional five year term."
Adri: "...is renewable at the option of the Board for an additional
five-year term In accordance with rules and policies then in
effect."
Amended Additional Substitute Item 17
t~FFERItEf) FRO~\7 THE )A.NUARY 7, 1986 AGEMJA
REQUEST: Approval of (1) a 25-year sovereignty, submerged land Ieaseivvi th a five-
year renewal option, to supercede an existing lease containing 1,645,911 square feet,
more or less, to be utilised as a corrmcrcial marina; and, (2) a deferral of (ease
fees until settlement of pending litigation.
QAnE CI)UNTY: Lease No. 1 30765469
APPL ICAIJT: City of -diami Beach
L(~CATI(>n: Section 03, Township 54 South, Range 42 East, in Fiscayne Bay, Class III
waters, Biscayne Bay Aquatic Preserve, Resource Protection Arca 'III, within the local
jurisdiction of the City of f~liami (leach, Dade County.
CC)h:S InERAT I:YJ: \Ya i vcr reques tcd. Cur rent amount due 5127,093.57.
ST4i-T F?E-•tAS:\S: Tlic current five-year lease was approved as a conversion of an
misting license bl• tlrc Board .on f)ecember 18, 19Fk. The lessee requires a 25-year
(case to satisfy concerns raised by the tending institution. The applicant has
advised staff that unless the longer term is granted, the City will be unable to fund
compl:tion of fire facility. The lessee initially requested a 30-year term but
1)11'15a)NS / Ar)\tINISI ItATI/)N nrnrnr c,~r:u srrnui:a L,~a tiXPr))rCt:VPN'f \tA1tIN! NESUU1lCES
I1kCREaT101: ANI) YAIi1:S )tF:St)UNCC 11:\N.\G-:AIENT 3'I A"f Y. LANUS
Attachment B
Page 8 of 12 Pages
SSII No. 130765A69
• ,
19 ft6
' Certitie:lion January
f o r A~ c nA a l t cry 1 7 ~ OFF. ~ 6171 ~cOS69
~a~c Two RfC.
Chaplet lbn-21.11(1)(b)(2), Florida Adrnlnlstratlve Code, specifically states:
•~cases shall be for a term of up to 25 years and renewable at the option of the
I~narA." The Icssec subsequently reQuested the followlnt Icasc rr,odlflcatlon
(paragraph 12) to be Incorporated Into a 25-year Icase:
^Provlded that If at the end of the term of this Icasc or any renewal thereof,
Lessee Is In compliance with the terms and conditions of this Icase, Ineludln=
payment of all Icasc fees which have not heen duly waived, then this lease
sh is renewable at the option of
the Board for an_addltlonal flue-year term In accordance with rules and
policies then in effect.'
Staff recommends that the Board approve the 25-year. term with this special lease con-
di tion.
Re~ardin~ the -cqucsted deferral of Icasc fees currently due, the applicant was sup-
posed to initiate payment on September 1, 1985. This postponed payment date was
approved by the Hoard under previous licenses and reaffirmed by the Board under the
1~t64 Icase. The Intent of this postponement was to allow the marina project to
been-se a net revenue generating facility prior to assessing fees. Various eompllea-
lions, including litigation between the applicant and the marina developers, have
resulted in unanticipated delays. Staff Is of the opinion that a deferral of
payments until resolution of the pending IitiAation is acceptable under these unlouc
circumstances.
The final issue regards a trailer located at the terminal end of the facility's
main pier. Activities at the trailer include the Salt of bait, tackle, food, ice,
beverages, etc. The existing lease does not provide for any non water dependent
structures nor did the previous license. As a matter of record, the Board adopted a
specific amendment to the contrary during affirmation of the original license In 1981
as follows:
"The affirmation of this license shat I not lie construe,l to authori2e the
construction of nonwater depen~fance over tt,e water structure such as residen-
tial structures, restaurant or corcrnereial retail establishments, which
construction activity is subject to separate proceeding."
r•
Staf f not iced the tra i I'er in place during a subsequent inspection and advised the
lessee of the prohi5itivc language. To date, the Icssec has not taken ter-serfial
act ion. Staff ~~ould normal ly_recomnend the issuance of a renoval order. However,
due to tl,c extcnuzti~ circumstances result inr from file pendin_Y litigation, staff is
reco,~ncndint that the trailer be allowed to remain under the SDeeial Icasc condition
that the Icssec pursue the authorization of an aeccptahlc ~•atcr dependent harhor-
Attachment B
Page 9 of 12 Pages
SSLL No. 130765469
• Ccrtificatlon~january Z1~ 1986
f o r At a nd a l t cm 17 OFF. I U I I ~ Pl,o6~0
P a 8e Two REC.
master's guartcrs in Ileu of the current facility Immediately upon conclusion of the
Pendi~ Iitl~atlon. This condition, It not compiled with, will cause automatic can-
cellation o1 the Lease and subject the current lessee to clrll penalties pursuant to
Chapter 16Q-14, Florida Administrative Code.
REC(~*Aft`D APPROVAL. SUBJECT TO Ate I NCLUD I hG THE SPECIAL LEASE t7UhD IT IONS
IN 1'11TNES5 1uiERCOF, I have hereunto set my Band and affixed the set) of the t3oard
of Trustees of the Internal Improvement Trusl Fund this 3rd day of February, A.t).
19 R6.
SEAL
~ ^ j
`. y
)ud A. ward, Administrative Assist.
Di~Tision of State Lands
!?epartment of Natural Resources
Attachment B
Page 10 of 12 Pages
SSLL No. 130765469
:~. . .
~ Re : !307 6_54 69 : Die City
~ \
OfF. `6171 ~cos7 ~ City of 'Hiami ~n___--
REC.
Si'DC1AL LFASE Q3PIl?ITIC~S
1.
2.
,~ ~~ ~ oanditiAC><s herein aha.ll be reviewed i~i~! every five
years Iran the effective date of this lease as deemed ttiece~s eazy by the
pepartlnertt. to ere9ure that all pa~ci->~>~~~ ~P10~-'m"~ reporting
req~irenerrt,s are a{~propriately ir~corporat.eKl.
Provided t?,at if at the erxl of the te2tn of this lease or arty renewal
thereof , lessee is in conpllanae with the terrE>s arx~ ernditione of thl.s
lease , including pnymertt of all lease fees 4h,.ich have tit been duly M+ai~d ,
then this lease shall be reru~+ea for an additional five year term,
3 , The Lessee shall ~ursve the m~t}»rization of an
' harborma9ter a mere it lieu of the a~rrern
conclusion .of the pending litiga
PECAaDED tl: Orf~C~oRa~oaos 90°-
R[Wa0 ~~ If E°
ARC p, BRI R~
RICH Y C1RCd11 0011•
RECORDERS NOTE:
The legibility of writ;ng, typin; cr printin; unsttis•
tsctory in this document when receiv:~.
~t.able wager
ity ate
Attachment Q
Page 11 of 12 Pages
SSLL No. 130765469
oFF. ~ 6171 Pc~0672
REC.
a
The docking structures located on the public
lands are under lease from the Florida
Board of Trustees of the Internal
Improvement Trust Fund. As a condition of
that lease, the lessee is prohibited from
discriminating on the basis of an individual's
race, color, religion, sex, national origin,
age, handicap or marital status in the rental
or use of those structures.
Las estructuras de muella situadas en las
tierras publicas son sojetas a arrendamiento
de EI Consejo de Administradores del
Fondo Seguro de Mejoramiento Inferno de
la Florida. Como condition de este
arrendamiento, el arrendador sera prohibido
descriminar por causa de raza, color,
religion, sexo, origen national, edad,
incapacitation o estado civil.
Persons denied equal right to rent or use the
docking structures included within
Sovereignty Submerged Land Lease
Number 130765469
may file a complaint with the:
~:=--"-•
Departure ~ r fiesources
aa~~~~~•~
t3ivisron of~t~fe Larjds
3900• C~ni monweal 16tvd.
Mat'1 Station Numb~r11'~50
Tallahassee> FL`32399-3000
-Galt' 9b4~488j62~4~
;•-
Las personas a quieres se les haya negado
el derecho de igualdad al arrendar o usar
las estructuras de muelle incluidas dentro
de la Soberania de Tierras Somergidas para
Arrendamiento Numero 130765469
pueden presentar una queja al
Departamento defiecursos Naturales
Division 8e Tierras iiel Estado
MaiPStation Numbert50
3900 Commonwealth Blvd.
Tallahassee, FL 32399-3000
Uame al: (904}488-6242
(Investigaciones}
Attachment ~_
Page 12 of 12 Pages
SSLL No. 130765469
nfF.16171 PG0673
SEC.
RB80LIITION NO. 93-20911
A RESOLIITION OF THE MAYOR AND CITY COMMISSION
OF THS CITY OF MIAMI BEACH, FLORIDA,
AIITHORIZIN4 THE MAYOR AND CITY CLERK TO
EBECIITE THE MODIFIED 80VEREIQNTY BIIBMERaED
LAND LEASE NO. 130765469 BETWEEN THE CZTY AND
THE TRIIBTEEB OF THE INTERNAL IMPROVEMENT TRIIST
FIIND OF THE STATE OF FLORIDA, FOR TH$ 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 ZT DOLY 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
ted he
a~ Exhibit "A".
PASSED and ADOPTED this
ATTEST:
~ ~. _
ITY CLERK
c:\wp51\dste\merina.res
6th day of
/ MAYOR
FO APPROVED
LEGAL DEPT.
BY J l~
Date ~' ZS-S3
,/x.993.
°~F~ 16171 Pc,0674
REC.
OFFICE OF THE CITY ATTORNEY
LAURENCE FEINGOLD
CITY ATTORNEY
• • ~~~N~
F L O R I D A
i~~
r~:
.„~~.
S' N ~ ~9`b
PO.BOXO
MIAMI BEACH, FLORIDA 33t t9-2032
TELEPHONE (305) 673-7470
TELECOPV (3051673-7002
COMMISSION MEMORANDOIrt NO. x`93
Ootobor 6, 1993
TO:
FROM:
SOBJECT:
M!-YOR BEYMOIIR OELBER
lYtEMBERB OF T8E CITY COMI~II$SION
LAORENCE FEINtiOLD ~/~
CITY lTTORNEY C ~~~~~~~ .fii a~%l~
\~
MI1~1~1[I BEACH NARINli1 LElrBE A1rIEND1~ENT
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\Id\abrina.coa~
STATE OF FLOR f DA
COUNTY OF DADS:
I, RIGtiARD E BROWN, City Clerk of the
City of Miami Beach, Florida, do hereby certify
that the above ar+d,foregoin~; is a true and cor-
rect copy of the orig~lY~l thereof on file in this
office. ~ ~ ' -'^°~ ; , . ',
WITNESS, ~~Fi~d`•and~ th 'seal of said City
this days 0 ~ ~ 'r ~ ~ /~D. 9
fCHARD'E. BR )WN
Clty clerk of the City of Miami`,Beach, Florida
By: Deputy
~.~p~ ~ Off KIAI 1!['ro
~~[COaD V~ 1ED ~ fIDA~~'- .. =ice ; .
;~
HARVEY RUVIN .,amt'
max clacurt count. ,~:~
-i1~ti11?1~~5~1'
„~F1iF~.r.Nt~~N+
~s
AGENDA ~ ~~
ITEM
DATE ~ O ~~ 1
700 CONVENTION CENTER DRIVE - FOURTr+ Ft.00R -MIAMI BEACH. FLORIDA 33139