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2012-27996 Reso RESOLUTION NO: 2012-27996 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF_THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A RENEWAL OF THE SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL (BOT FILE NO. 130037916) FOR A FOUR (4)-SLIP DOCKING FACILITY AT THE NORTH SHORE POLICE SUBSTATION BY AND BETWEEN THE CITY OF MIAMI BEACH, AS LESSEE, AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, AS LESSOR; SAID LEASE RENEWAL HAVING A TERM OF FIVE (5) YEARS, RETROACTIVELY COMMENCING ON MAY 17, 2012 AND ENDING ON MAY 17, 2017 WHEREAS, on July 10, 2002, the City, as Lessee, executed a Sovereignty Submerged Lands Lease (BOT No. 130037916) ("Lease") with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as Lessor, as recorded in Official Record Book 21098, Page 2876 through 2885, of Public Records of Miami Dade County, Florida, for a parcel of submerged sovereignty land located adjacent to the North Shore Police Substation at 6860 Indian Creek Drive; and WHEREAS, the Lease was for a term of five (5) years which retroactively commenced on May 17, 2002, and ended on May 16, 2007; with renewal of said Lease being at the sole option of Lessor; and WHEREAS, on April 22, 2008, the City and the Lessor agreed to renew the Lease, as modified to reflect a reduction in the leased premises, for a term of five (5) years, retroactively commencing on May 17, 2007, and ending on May 17, 2012; with renewal of said Lease being at the sole option of the Lessor; and WHEREAS, the original area of 17,120 square feet was reduced to 10,515 square feet due to a change in the number of docks verified by a current survey; and WHEREAS, the City and Lessor have agreed to renew the Lease for a term retroactively commencing on May 17, 2012 and ending on May 17, 2017; with renewal of said Lease being at the sole option of the Lessor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager to execute a renewal of the Sovereignty Submerged Lands Fee Waived Lease Renewal (BOT File No. 130037916) for a four (4)-slip docking facility at the North Shore Police Substation by and between the City of Miami Beach, as Lessee, and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as Lessor; said Lease Renewal having a term of five (5) years, retroactively commencing on May 17, 2012 and ending on May 17, 2017. PASSED a 9P-e L21k day of �e4elp t 2 012. ATTEST: P PROVED AS TO Rafael Tana o C K M tti Herrer er, AYO O M &LANGUAGE ��� &FOR EXECUTION T:\AGENDA\2012\9-12-1 EIQN@� RGED LAND LEASE RENEWAL RESO(8-28-12).DOCX City Attorney �� ate COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving and authorizing the City Manager to execute a Sovereignty Submerged Land Lease Renewal between the City of Miami Beach, as Lessee, and The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as Lessor, for a four (4)-slip docking facility at the North Shore Police Substation. Key Intended Outcome Supported: To increase resident rating of public safety services. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey noted that 75% of residents and 68% of businesses rated Miami Beach city government as excellent or good in meeting their needs and expectations. Issue: Shall the City execute a retroactive Sovereignty Submerged Land Lease Renewal between the City of Miami Beach, as Lessee, and The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as Lessor, for a four (4)-slip docking facility at the North Shore Police Substation retroactively commencing on May 17, 2012 and ending on May 17, 2017. Item Summa /Recommendation: On July 10, 2002, the City, as Lessee, executed a Sovereignty Submerged Lands Lease ("Lease") with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as Lessor, for a parcel of submerged sovereignty land located adjacent to the North Shore Police Substation at 6860 Indian Creek Drive. The Lease was for a term of five (5) years which retroactively commenced on May 17, 2002, and ended on May 16, 2007. The Lease authorizes the City to operate an existing four (4)-slip docking facility exclusively to be used for mooring of police and municipal City-owned vessels in conjunction with the upland police station. On April 22, 2008, the Lease was subsequently modified to reduce the square footage from 17,120 to 10,515 and renewed for a term of five (5) years ending on May 17, 2012. The City and Lessor have agreed to renew the Lease for a term retroactively commencing on May 17, 2012 and ending on May 17, 2017. There is no annual rent or lease fee payments required under the Lease. There is a $595.00 processing fee due at the time of renewal. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 N/A Financial Impact Summary: City Clerk's Office Legislative Tracking: Anna Parekh, ext. 6471 Sign-Offs: Department Director Assistant CJtJ na er City Manggir AP MAS KGB KGB/MAS/AP/MM T:\AGENDA\2012\9-12-12\Sovereignty Submerged Land Lease Renewal SUM(8-28-12).docx ITITEM G 7 X? � MIAMIBEACH [slEfWAGENDA� DATE MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Kathie Brooks, City Manager DATE: September 12, 2012 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A RENEWAL OF THE SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL (BOT FILE NO. 130037916) FOR A FOUR (4)-SLIP DOCKING FACILITY AT THE NORTH SHORE POLICE SUBSTATION BY AND BETWEEN THE CITY OF MIAMI BEACH, AS LESSEE, AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, AS LESSOR; SAID LEASE RENEWAL HAVING A TERM OF FIVE (5) YEARS, RETROACTIVELY COMMENCING ON MAY 17, 2012 AND ENDING ON MAY 179 2017 ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED To increase resident rating of public safety services. BACKGROUND On July 10, 2002, the City, as Lessee, executed a Sovereignty Submerged Lands Lease (BOT No. 130037916) ("Lease") with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as Lessor, for a parcel of submerged sovereignty land located adjacent to the North Shore Police Substation at 6860 Indian Creek Drive. The Lease was for a term of five (5) years which retroactively commenced on May 17, 2002, and ended on May 16, 2007; with renewal of said Lease being at the sole option of Lessor. On April 22, 2008, the City and the Lessor agreed to renew the Lease, as modified to reflect a reduction in the leased premises, for a term of five (5) years, retroactively commencing on May 171 2007 and ending on May 17, 2012, with renewal of said at the sole option of the Lessor. The original area of 17,120 square feet was reduced to 10,515 square feet due to a change in the number of docks verified by a current survey. The reduction in the number of docks was an outcome of property destruction from past hurricanes and extreme weather conditions. It was determined that the remaining docks were sufficient for the intended and exclusive use of the City. Y The City and Lessor have agreed to renew the Lease for a term retroactively commencing on May 17, 2012 and ending on May 17, 2017; with renewal of said Lease being at the sole option of Lessor(Attachment 1). I Commission Memorandum—Cinemateque Outdoor Cafe September 12, 2012 Page 2 of 2 ANALYSIS The Lease authorizes the City to operate an existing four (4)-slip docking facility exclusively to be used for mooring of police and municipal City-owned vessels in conjunction with the upland police station. The docking facility serves as a valuable asset to the City in its efforts to serve the North Shore area. There is no annual rent or lease fee payments required under the Lease. There is a $595.00 processing fee due at the time of renewal. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution authorizing the City Manager to execute the Sovereignty Submerged Land Lease Renewal for a four (4)-slip docking facility at the North Shore Police Substation retroactively commencing on May 17, 2012 and ending on May 17, 2017. KGB\MAS\AP\MM Attachments T.-I4GENDA1201219-12-121Sovereignty Submerged Land Lease Renewal MEM(8-28-12).docx ATTACHMENTI Florida Department of Governor Governor W. Environmental Protection Jennifer Carroll Marjory Stoneman Douglas Building Lt.Govemor o F�®� 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Herschel T.Vinyard,Jr_ Secretary June 20,2012 City of Miami Beach,Florida Attn:Mark Milisits,Leasing Specialist j 555 17`h Street Miami Beach,Florida 33139 I RE:BOT File No.:130037916 Lessee:City of Miami Beach,Florida Dear Mr.Milisits: Enclosed is a lease instrument,which requires acceptance by the notarized signature of Jorge M.Gonzalez as City Manager of Miami Beach(two witnesses required). Pursuant to Chapter 695, Florida Statutes, the names of the person executing the instrument,the two witnesses, and the notary public must be legibly printed or typewritten directly below that person's signature. Please complete and return the enclosed data information form that provides us with updated billing information,sales tax information,and other data required pursuant to Section 212.03(6)and 212.031(3),Florida Statutes. Please execute and return the enclosed instrument and any additional information requested within 30 days after receipt of this letter. Upon receipt and acceptance, we will transmit the lease instruments for final departmental execution. A fully executed instrument will be provided to you for recording in the county records where the facility is located. Also enclosed is Invoice No.63877 for$595.00,the non-taxable instrument processing fee due on this account. The check should be made payable to the Department of Environmental Protection and mailed to Mail Station 125,3900 Commonwealth Boulevard,Tallahassee,Florida 32399-3000. Please include BOT.File No.130037916 on the check to ensure proper deposit. Payment is due within 30 days after receipt of this letter. Please note that all annual lease fee invoices will include a six percent(6 0/6)sales tax and the County Discretionary Sales Surtax unless the Lessee can claim exemption. If you are tax exempt, please return a copy of your Tax Exemption Certification for our records. Your Tax Exemption Certification is renewable and a current certification must be on file in our office for you to receive this exemption. Processing fees for renewals,assignments(name changes),and modifications are non-taxable.Do not add tax to any of these invoices. The tax will always be included on the invoice if applicable. Your cooperation and assistance are appreciated. If you have any questions regarding this matter,please feel free to contact me at the letterhead address above(Mail Station No.125)or at(850)245-2720. Sincerely, Amy HorTon Government Operations Consultant Bureau of Public Land Administration Division of State Lands' /ah Enclosures(Lease,Invoice,Billing Form) This Instrument Prepared By: Amy Horton Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No.125 Tallahassee,Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL BOT FILE NO.130037916 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to City of Miami Beach.Florida,hereinafter referred to as the Lessee,the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 11, Township 53 Sou Range 42 East,in Indian Creek Miami-Dade County,containing 10,515 square feet, more or less,as is more particularly described and shown on Attachment A,dated January 24,2008. TO HAVE THE USE OF the hereinabove described premises from May 17,2012,the effective date of this lease renewal,through May 17,2017,the expiration date of this lease renewal. The terms and conditions on and for which this lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate an existing 4-slip docking facility exclusively to be used for mooring of police and municipal city owned vessels in conjunction with an upland police station,without fueling facilities,with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health,whichever agency has jurisdiction,and withou liveaboards as defined in paragraph 25 as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. [02129] 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein. The Lessee shall not(i)change or add to the approved use of the leased premises as defined herein(e.g.,from commercial to multi-family residential,from temporary mooring to rental of wet slips,from rental of wet slips to contractual agreement with third party for docking of cruise ships,from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats,from loading/offloading commercial to rental of wet slips,etc.);(ii)change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit;or(iii)change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit,if applicable,the Lessor's written authorization in the form of a modified lease,the payment of additional fees,if applicable,and,if applicable,the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(l)(b)7., Florida Administrative Code,for a fee waived lease,the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011,Florida Administrative Code,and if applicable,remove any structures which may no longer qualify for authorization under this lease. 3.EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine,for the term of this lease including any renewals,plus three(3)additional years,at all reasonable hours,the books, records,contracts,and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two(2)above. 4.MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i)gross revenue derived directly from the use of the leased premises,(ii)the gross revenue derived indirectly from the use of the leased premises,and(iii)all other gross revenue derived from the Lessee's operations on the riparian upland property. The do Lessee shall secure,maintain and keep all records for the term of this lease and any renewals plus three(3)additional years. MY This period shall be extended for an additional two(2)years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 5. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof,and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including,or making any claim that purports to include,said lands described or the Lessee's leasehold interest in said lands into any form of private ownership,including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim,including any advertisement,that said land, or the use thereof,may be purchased,sold,or re-sold. 6. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease,the Lessee shall maintain the interest in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto,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 interest in the riparian upland property,the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease,if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,but are not limited to,payment of all fees and/or penalty assessments incurred prior to such act. 7. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions and provisions of management standards and applicable laws,rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. I 8. INDEMNIFICATION/fNVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers,employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver 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 2 of 13 Pages Sovereignty Submerged Lands Lease No.130037916 9.NOTICES/COMPLIANCE/TERMINATION:The Lessee binds itself,its successors and assigns,to abide by the provisions and conditions herein set forth,and said provisions and conditions shall be deemed 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 set forth,and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty(20)days of receipt of the Lessor's notice to correct,this lease may be terminated by the Lessor upon thirty(30)days written notice to the Lessee. If canceled,all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the 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,Florida Attn:Mark Milisits,Leasing Specialist 555 17'h Street Miami Beach,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. 10. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon,including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 11.NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof �y to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly,nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 12. MAINTENANCE OF FACILITYIRIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition,keeping the structures and equipment located thereon in a good state of repair in the interests of public health,safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 13. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race,color,religion,sex,national origin,age,handicap,or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term,the Lessee shall post and maintain the placard finished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee 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. 14.ENFORCEMENT OF PROVISIONS: No failure,or successive failures,on the part of the Lessor to enforce any provision,nor any waiver or successive waivers on its part of any provision herein,shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 15.PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Page 3 of 13 Pages Sovereignty Submerged Lands Lease No. 130037916 I 16.RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall 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 may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. If the Lessee fails to timely apply for a renewal,or in the event the Lessor does not grant a renewal,the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in title or successors in interest. 17.REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease,such structures and equipment will be deemed forfeited to the Lessor,and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten(10)days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 9 or at such address on record as provided to the Lessor by the Lessee. However,such remedy shall be in addition to all other remedies available to the Lessor under applicable laws,rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 18. REMOVAL COSTS/I.IEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 17 of this lease,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 alien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 19.RECORDATION OF LEASE: The Lessee,at its own expense,shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen(14)days after receipt,and shall provide to the Lessor within ten(10)days following the recordation a copy of the recorded lease in its entirety which contains the O.R.Book and pages at which the lease is recorded. 20.RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights,Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing,must be accepted, acknowledged and executed by the Lessee and Lessor,and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph,if mooring is authorized by this lease,the Lessee may install boadifts within the leased premises without formal modification of the lease provided that (a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not increase the mooring capacity of the facility. 22. ADVERITSEMEN'T/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent,temporary or floating structures, fences,docks,pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures,shall be erected or conducted on or over sovereignty,submerged lands without prior written consent from 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 Chapter 18-14,Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this agreement. Page 4 of 13 Pages Sovereignty Submerged Lands Lease No. 130037916 23.USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein,the Lessee shall obtain the U.S.Army Corps of Engineers(USACE)permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign,submerged lands. 24.COMPLIANCE WrM FLORIDA LAWS: On or in conjunction with the use of the leased premises,the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 25.LIVEABOARDS: The term"liveaboard"is defined as a vessel docked at the facility and inhabited by a person or persons for any five(5)consecutive days or a total of ten(10)days within a thirty(30)day period. If liveaboards are authorized by paragraph one(1)of this lease,in no event shall such"liveaboard"status exceed six(6)months within any twelve(12)month period,nor shall any such vessel constitute a legal or primary residence. 26.GAMBLING VESSELS: During the term of this lease and any renewals,extensions,modifications or assignments thereof,Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships,or vessels that are used principally'for the purpose of gambling,when these vessels are engaged in"cruises to nowhere,"where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country,and any watercraft used to carry passengers to and from such gambling cruise ships. Page 5 of 13 Pages Sovereignty Submerged Lands Lease No. 130037916 C� WITNESSES: BOARD OF TRUSTEES OF"THE INTERNAL U"ROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Jeffery M.Gentry,Operations and Management Consultant Manager,Bureau of Public Land Administration,Division of State Lands,State of Florida Department of Environmental Original Signature Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 20 ,by Jeffery M.Gentry,Operations and Management Consultant Manager,Bureau of Public Land Administration.Division of State Lands,State of Florida Department of Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. APPROVED AS TO FORM AND LEGALITY: Notary Public,State of Florida DEP Attorney Printed,Typed or Stamped Name My Commission Expires: Commission/Serial No. WITNESSES: Cily of Miami Beach,Florida (SEAL) BY: Original Signature Original Signature of Executing Authority Jorge M.Gonzalez Typed/Printed Name of Witness Typed/Printed Name of Executing Authority City Manager Original Signature Title of Executing Authority Typed/Printed Name of Witness "LESSEE" STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 ,by Jorge M.Gonzalez as City Manager,for and on behalf of City of Miami Beach,Florida He is personally known to me or who has produced ,as identification. My Commission Expires: Signature of Notary Public Notary Public,State of Commission/Serial No. Printed,Typed or Stamped Name Page 6 of 13 Pages ov Sovereignty Submerged Land Lease No. 130037916 UirIS Maps , IITfli�BeaCt >at a ..-'eMr 'ad�,t.. a y tri 6860 Indian Creek Dr Miami Beach FL fG°Idectx^ t(� s s F x14 :` iy e 5 tom' a3 33141 ' Xe h� �f Y�j�4 .5 Eta i' - � t •�I.� �''_r �i.t� '(SliilY.:�,S�Lr�x�i•k``�aF{'F':E.rF Y.r t kFi?, ,�,�;��c�.j�Y��fi- a��rtisr,»��c.r'.fa-a.•xr�� '�,r�' 1"¢ 1itl�diC11��lOC.E'S ` 3Ir {t s�fr1 .. ,V ?-v ptt�` CUR j,'�3-z ssiF , yCrpz`�,�,'f.�.°t k a rlrr �3w°L�; it'n•. m, z'1 ly a}S 5' D- � rr"^ ^ +.�! �� V -.s;.�re--_,�v--W - -fix�ll'I 3,x +is ! •. '} a d:>4`C°g;,3 /+ }fir -� Z � .. ('�:• t R! 7 '+«fi "Y d i4,y + f �. '} ;. J rt-° \ti ` ` s rvr 4x a �x nllr' �S1Gsrs t?at r r t"x t " 1 �'' 't-.-.a, $'fy �' 3. �,. 1 , }: y#fa t �✓- t eCS Ca iz s`�r. $T 1.xr x,-s -r.ibx yv-• sz t ik f I3YRSf r 3 ,,_ }, a x r d rt ti a r; g� "t ,a'I..� - A� � '` ^ aor L ab �l{41.T`aR �J��. ��'Y !11 Z r!7 t­' 934 �34..r+e7ISts-t �^e.'�"`r'y'R 9 Y f� ,. 0.,3 C�h+s'W ldl `�:�. � � mot,:4 J 4- � ^a ` F t • r+.. �7"r}fir' ,r..(�: - � (i'°"c %.S,nr'`.rafi# .,r ro s si' e 69th, far.-3 �a4�':r� '�'i�� :1 irony ` �d ht sTT f F 1 tl I 9l r lT, �y;� r 3 rc4' vt . r�f TT�r�rT. �'r,t.'"qty�.,�� � � � i7+.g,�✓1�?r�sx� _ r va^x t! £fit r 3'5"�„t-b' �ii.y�•t, 1 ,uo.y Ae�.C7?Y g�0��1 Fi s Mn w�%,t k+Y' 420, F.� x Y. ,� r (.�.� .may- lf R' N:xs.P t art a+ } u aid c �i F I t .S4 L A t F"I. {•r # � J'L C ` •x} !i �•.�' � c sr tar r,�` ,L�,r t 1"N�'��-N� �. 'Y'}'} v'S's x., a �'+� � :��p.��`1M1,gr� y X43 r'a r Wik 54,' kae z tai d P 4 ay vt` �r^i r tbtia 'R: p 5 �•'rr:^.,� R ,+ 1a 7°t c.:�;"-a`,'r X1,,.r d-. Z" 1 t r9y�{a{ a,i n 3o-_ 1 tr ! ,_,_._.. : :�. u� l •-„��.�=''r�,.�-'` {p .�e�����.,�+��Sys. kE tt� 'ei Attachment A Page 7 of 13 Pages SSLL No. 130037916 r O • e e . y p • e � ' a k 69th BEET k J r i r w , D Q L6 LOCATION �' A OF SURVEY % b LOCATION SKETCH CitvofMianjiBeach scale:1"=100' 6860 Indian Creel: Diive \liami Beach.FL 3;141 LEGAL DESCRIPTION: e µ =d Portion of a submerged land located in Section 11,Township 53 South,Range 42 F East,more particullarly described as follows: `Z R� Commence at the southeast corner of Lot 6,Block M,CORRECTED PLAT OF o ATLANTIC HEIGHTS, Plat Book 9, Page 14,Public Records of Miami-Dade in Z� County, Florida;thence North 89°12'34"West,along the south line of said Lot 6 ° and its westerly extension for a distance of 269.13 feet to the POINT OF o W Z BEGINNING of the submerged land herein described;thence continue North z m 89°12'34"West along the westerly extension of said Lot 6 for a distance of 56.57 �N feet;thence North 6°52'36"West,for a distance 115.38 feet;thence North Im 57°59'10"East for a distance of 45.73 feet;thence South 34"41'27"East for a S distance of 85.27 feet;thence South 37°21'51"East for a distance of 24.36 feet; thence South 39°27'43"East for a distance of 37.62 feet;thence South 53°12'39" West for a distance 18.80 feet;thence South 76 027'54"West for a distance of 41.71 feet to the POINT OF BEGINNING.Said submerged lands located,lying and being in the CITY OF MIAMI BEACH,MIAMI-DADE COUNTY,FLORIDA containing 10515 square feet or 0.2414 acres more or less. .7'•pC ,m E r s��u Attachment A Page 8 of 13 Pages SSLL No. 130037916 LEGEND C.B. CATCH BASIN L ARC LENGTH a C.B.S. CONCRETE BLOCK STRUCTURE E& ELECTRIC BOX C.&G. CURB AND GUTTER Mw MONITORING WELL CENTER LINE 0 CL. CLEAR STREET LIGHT C.L.F. CHAIN LINK FENCE C.M. CONCRETE MONUMENT TRAFFIC LT.POLE CAL. CALCULATED WOOD FENCE CONC. CONCRETE CAL. CALCULATED gild F.F. FINISH FLOOR ELEVATION D.H. DRILL HOLE ENC. ENCROACHMENT M.D.C.R. MIAMI-DADE COUNTY RECORDS F.F. FINISH FLOOR ELEVATION GRASS AREA RR I.P. IRON PIPE DENOTES EXISTING ELEVATION 6 ' M.H. MANHOLE REC. RECORD DISTANCE OR ANGLE i I'. PROPERTY LINE MEAS. MEASURED DISTANCE OR ANGLE P.O.B. POINT OF BEGINNING =` P.O.C. POINT OF COMMENCE © TRAFFIC LIGTH PULL BOX P.P. POWER POLE ® TELEPHONE PULL BOX R/W RIGHT-OF-WAY O ELECTRIC MANHOLE SWK. SIDEWALK CATCH BASIN TYPE F 0 WATER METER ® STORM MANHOLE W.V. WATER VALVE 0 CENTRAL ANGLE SUL SAFE UPLAND LINE SURVEYOR NOTES: THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE BOUNDARIES OF THE SUBMERGED LAND LEASE DESCRIPTION FOR THE MIAMI BEACH POLICE STATION DOCK. z a THIS IS A FIELD SURVEY. o "C COORDINATES SHOWN REFER TO NAD 1983 FROM MIAMI BEACH GIS MAP BEARINGS REFER TO THE ORIGINAL WEST RIGHT-OF-WAY OF INDIAN CREEK DRIVE(S29°06'00"E)AS SHOWN IN P.B.28,P,28,M.D.C.R. W o ELEVATIONS SHOWN REFER TO N.G.V.D.,1929. w o BENCH MARK G-313 g ELEVATION 8.24 o LOCATION:U.S.COAST GUARD AND GEODETIC BRASS DISC,SET IN N.E.CORNER OF o � SEWER PUMP STATION,CENTER OF PARKING LOT AT 72 ST&HAF#) ,01 $` `"� `' 2 Z SHORELINE CONDITION ALONG LEASE SHORELINE PLUS 1,000 FEET E/AGH SIDtlj o 100%SEAWALL. y i A N 3 P i--j LU a oEPl a}04Y F au'rEC:71;i,,: I HEREBY CERTIFY:That this"SPECIFIC PURPOSE SURVEY"is corre %KcNA;ff'e"IMinimum Techinical Standards for Land Surveying in the State Florida as set forth in Chapter 472.027(F.S.) and Chapter 61G17-6 of the Florida Administrative Code.Not valid without the signature and raised seal of a Florida Licensed Surveyor and Mapper. CERTIFIED TO THE BOARD OF TRUSTEES OF THE INTEL IA4JMPR Vl I_ ER,T TRUST FUND OF THE STATE OF FLORIDA ,•'Ltc.� ;'; � 7_m 1124/08 v ' 'CI(,VA``I1?G " "?#3 DATE .;�;,�' l•.Sk� V�YgR�i` `:m •` use P.S.M. , 10;�TAT��O'P FLORIDA Attachment A Page 9 of 13 Pages SSLL No. 130037916 i LLI r� j �► \ `� CL d a I I LO �i \• r 1 I ' %' I � I � I•I I ��� J r I g�:. sA I� t h l RIPARIAN LINE I - :=`a•°: �yl.ar 0 Q 1 I LL A I I °Ce A�b I r r I a z 0 a� P / , 1 i v ti ° � z z a 4k, I it P I SQ*. I I o I o @� Attachment A Page 10 of 13 Pages SSLL No. 130037916 w A Z Q J o � v 1 I ZQ w� V �d IQ Z � N 6 Nib ti v RIPARIAN LINE N5759'1o•E 4633• (� N I o ONE(1)BOAT I Q� ONE(1)BOAT Q 39.08 12.05• I IAID / Z z 2 rr+ � It cr c a a • A I LA Z �O Z6 cI N m 0 D z m ron LL y o� F 00�z ti = "V 4Q IB• •� ¢N iV (1)e0,4r I S 40.►e• u OAe �o ¢K cn N 13.24'm F 3� A �B7T ,w 417r N 18.SO u 9 55312739 5 Attachment A Page 11 of 13 Pages SSLL No. 130037916 J (FROM cNTT'0190 IO PAPCO PUBLIBHINO CORPORATION (PROM[Ogl'OM710M TO COIIMMTIONI PAPCO'8 FORK R.H.aBYi MAMA ai,FLORIDA 1 U'4W JInUttfltl`P, Made this 3rd. day ot`d g� -„A.D. 18 1 ' BETWEEN BLUE OCEAN VILLAS INC.._ a Florida corporation a corporation eusting under the laws of the State of Florida -- havta its principal----+ 8 Pr pal place of business in the County of Dade p•+d State of. Florida and lawfully authorized to transact business in the State of Florida. party of the fast part, and CITY DP 1 I B C a corporation e-ldsiting under the laws of the state of Florida _ having its Principal place of business in the County of Dade .mad State of Florida and lawfully authorized to transact business in the State of (� Florida.party,of the second park WITNESSETH: 7'hat the said party of the first part, for and in Consideration of the sum of Ten Dollars and other good and valuable consideration WWI to it In hand paid by the said party of'the.second part,the receipt whereof Is hereby acknowledged has granted,'bargained and sold to the said party of the second part;its amessors and assigns forever. the following decribed land situate,lying and being in the County OL Dade _ ` and State of Florida,to-witl That portion of Lot One (1) through Lot g),L (6) in Block "N" of ATLANTIC HEIGHTS as shown on the corrected Plat thereof, recorded in Plat Book 9, Page 14, of the public records iif Dade County, F1Crida, said portion'being more fully described as follows; .Begin at the northeasterly corner of Lpt One-ft) in Block "N" of t ATLANTIC HEIGHTS; thenoe .run.southeasterly along the northeasterly, line of said Block N a d#stance of Three Hundred Eleven and Fifty— nine one=hundredths (311.59) fast to the point of curvature of a curve having a radius of Twenty (20) feet, said curve being at the 3outheaaterly corner of Lot Six (6) in said Block "N"j thence run along said curve deflecting to the Nine (9) feet southeaste right to a point, said point being rly or the northeasterly line of said Block N produced southeasterly, Bald.Nine (9) feet being'measured 'et righ angles to the northeasterly line of said easterly; thence run northwesterly a Block "N", produced sguth• long a straight line parallel to and Ninell(9). feet southwesterly of..the.northeasterly.line.of said Block N to a point on the northwesterly line of said tot six (6), said Nine (9) feet being measured at right angles to the ngrtheaater- 17 line of said Block "N"; thence run northwesterly along a straight. line to a point on the southeaster) line Block "N of Lot Two (2) of 'said' ", Bald point being Ten (10) feet southwesterly of the north- easterly line of said Block N and measured at right angles.to the northeasterly line oP said Block "N"; thence run northwesterly along a line parallel to and ten (10) feet southwesterly of the northeaster ly like of said Block "N" to a point on the northerly line of Lot one (1) of said Block "N"; thence run easterly along the northerly line o said.Lot One (1) to the northeasterly line of said Block "Irl. And the said party of the not part does hereby fuay warrant the title to said laud,and wM defet4 the same against the lawjul claims of aIl persons whomsoever. Attachment B ' ... Page 12 of 13 Pages SSLL No. 130037916 IN WITNESS WHEREOF,the said party of the first part bas caused these presents-to be'sipo4-in Its name by Its proper officers,and its corporate seal to be affixed,attested by its Secretary,the day and year above written. BLUE PC LA Attest: esident &'Secr-tary. Si ed,-sealed dehVered the enee of us: V EF IJU&Lll -8TATL;S!•II�AS�°Y � �' f CITY 'Um f�2 VIPfe1; U.V l,i.�3rlli!► .�iv: �''�0C3 ti f D t lU3VUtK1C)IDL�&k ZS OF-CTIB4 _ . . �. I =''>>�•�r..r...••��� I HEREBY CERTIFY,�that on this._3,d_ day of before me personally appmed --- ------------ ---- — — --- ---- -- c J P MUM AInsident off. FL ' OCEAN VILLAS It_: -' ,:a corporation under the laws of the State o -:��,tILA _-_y to me known to be the persona who signed the fare. oin Instrument as such' lc apd�ueta A acknowledged the execution thereof to be their free ad d as such offic��ar {�:�e:u3-- ws; es therein mentioned and that they affixed thereto the ficial seal of said carpgrq�,�pd tiirit rostrum Is the and deed of said corporation. WITNESS my si e! 6fflclalfs 'a the Ctitfl Vt A_ ' -� e day and year last afo36aikZILg7 CJ CBWtlL OF UL ON PAT P. � t�l ,.. % O G C6 G wy " 4/ a yr �'� Q' 4/ � ° t3 a o �$ d n Cz w L Irl G 0it— m 0 x J 0. 7 F- 6. � � J 6 o Po rm In m p . , Attachment B Page 13 of 13 Pages SSLL No. 130037916