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83-17385
M IAM I BEACH MARINA LEASE AGREEMENT EXHIBIT GARNER-MASON ASSOCIATES, LTD., A LIMITED PARTNERSHIP RESOLUTION 140. 83^17385 A RESOLUTION OF THE CITY COMMISSION OF THF CITY OF IMIANII BEACH, FLORIDA APPROVING Ai1D AUTHORIZING THE EXECUTION OF THE LEASE AGREEMENT WITH CARNER- 1 ASON ASSOCIATES, LTD. FOR THE CONSTRUCTION AND !2AN- AGEI4ENT OF A MARINA AND DRY STORAGE FACILITY IN THE SOUTH SHORE REDEVELOPMENT AREA. WHEREAS, the City of Miami Beach is desirous of leasing land for the construction and development of the Miami Beach Marina in order to maximize its use for a marina and recreational facility, offering dockage and other marina related services, for the use of and for the benefit of the general public; and WHEREAS, the CITY has solicited and received proposals pursuant to the Community Redevelopment Act and pursuant to Bid No. 54-33 for the lease of the marina and Carner-:iason Associates, Ltd. has duly submitted a proposal to finance, construct and operate a marina in accordance with the bid specifications; and WHEREAS, by resolution, the City Commission, after re- viewing the proposals submitted for the marina, authorized and directed the City Manager to negotiate with Carner-mason Associates, South Shore Marina Joint Venture and Frank Tolin in that order; and WHEREAS, the City and Carner-Iiason Associates, Ltd. nave successfully negotiated a lease agreement; and WhEREAS, Carner-Mason Associates, Ltd. has executed said Lease Agreement, which Agreement does not alter the municipal use of the property and offers fair value to the CITY as consideration for this lease; and WHEREAS, Carner-Mason Associates, Ltd. has represented that it is both desirous and capable of financing, constructing and operating the facilities at said marina; NOW, THEREFORE, BE IT RESOLVED BY THE CITY CONU-IISSION OF THE CITY OF MIAMI BEACH: That the City Commission, pursuant to the Community Redevelopment Act, approves and authorizes the execution of the Lease Agreement Tuith Carner-Mason Associates, Ltd. for the con- struction and management of a marina and dry storage facility in the South Snore Redevelopment area. PASSED and ADOPTED .this 15th day of June , 1983. ATTr:ST: (SEAL) (Signed) Elaine Matthews CITY CLERK MLB : ro 6133C (Signed) Norman Ciment MAYOR FORM APPROVED LEGAL DEPT. r ,� �-Xh� h; f L• Post, Buckley, Schuh & Jernigan, Inc. • + ENGINEERS, ARCHITECTS and PLANNERS t ' 6850 SW 40th STREET. MIAMI. FLORIDA 33155 _ TELEPHONE: 305/661-7275 - TELEX: 808435 June 13, 1983 Mr. Frank Aymon i n Director of Public Works City of Miami Beach 1700 Convention Center Drive Miami, FL 33139. Dear Frank: jPlease be advised that the South Shore Marina did not require a DERM permit, since at the time this County agency did not have jurisdiction over the municipal boundaries of Miami Beach. i j Any permit renewals could likely be done under the grandfather clause that would excempt the marina. However, this issue must be reviewed with DERM to obtain a final commitment. Sincerely, POST BUCKLEY, SCHUH & JERNIGAN, INC. �'e ( Luis Ajami 1, P.E. Regional Manager LA:ds es cd •.J 4 ad 06 L A 6 A �► r CITY OF MIAMI BEACI' l '83 JW 9 "t 1171 CI I Y MARAGEk"S 3F' Ii. - TO: Edward A. Davis, Purchasing; Agent DATE: June 8, 1983, 19F3 FROM: Frank Aymonin, Director of Public Works SUBJECT: r/-IAMI BEACH MARINA, MP -36 Attached is a copy of the Army Corps of Engineers permit for the development of the '.farina, together with a copy of the permit from the State department of Environmental <egulations. FA:mb —� enc. cc: "William A. laarrison r� SAJRD 73B-1022 • - 4.- 10 DF-rARTMENT OF THE ARMY 1"X4 JACKSONVILLE DISTRICT. CORPS OF ENGINEERS P. O. BOX 4070 JACKSONVILLE. FLORIDA 32232 �� c 28 August 1981 Mr. Herbert J. Kay, Executive Administrator Miami Beach Redevelopment Agency 335 Alton Road Miami Beach, FL 33139 Dear Mr. Kay: Reference is made to our letter of 28 July 1981 and your response of 4 August 1981 regarding the 4 December 1981 expiration date of Department of the Army permit 73B-1022. It is our understanding that in order for the work authorized under this permit to be completed, a bond issue must be developed. Prerequisite to sale of bonds and to conducting the work, an extension of permit expiration time of at least two years is necessary. Because of these acknowledged constraints,, this office will extend the expiration date of permit 73B-1022 to no later than 4 December 1983. However, because repeated time extension to issued permits can not be routinely or indefinitely granted without further public interest review, any further extensions will be made only after submittal of a new applica- tion, public notice, and receipt of public response. -1 By receipt of a signed and dated copy of page 4 of the original permit instrument, permit 73B-1022 is confirmed as having been transferred from the City -of Miami Beach to the Miami Beach Redevelopment Agency as permittee. Your continuing cooperation with the Department of the Army regulatory ' program is anticipated and would be genuinely appreciated. BY AUTHORITY OF THE SECRETARY OF THE ARMY: LFRED B..D EVE REAUX, JR. Colonel, Corps of Engineers District Engineer CITY OP MfAMI BEACH TO: Mr. Herb Kay DATE: August 4, 1981 FROM: Frank Aymonin SUBJECT: Miami Beach_. Marina,. MP -36 As requested, attached are certified copies of the Marina Permit including a copy of the 3 -year extension which expires on December 4, 1981. FA : pk Attachments • cc: Mr. Frank Cerabone Mr. Hal Cohen Mr. Harold Toal x r CEPARTMENT OF THE ARMY a U. S• ANNY "GIN[EA DISTRICT, JACK9C*VIL" 1wrA08 Ajqo ►_e• ►A,o IN 0. boa Mpe JACKSONVILLir, FLGIIIoA MaWl o0rAJffW2NT o► T%4 AnpY �.�....� � D+di4 LLs ii�v1` OFFICIAL IMUSINK" ►oN"ry ►OIC "OvATf was •m* • a ti • DISTRICT ENGINEER . a U. S. ARMY ENGINEER DISTRICT, JACKSONVILLE 1 ATTN: SAJSC • P. 0. BOX 4970 JACKSONVILLE, FLORIDA 32201 • NOTICE OF COMPLETION OF WORK AUTHORIZED BY PERMITS DATE WORK AUTHORIZED Ur.'DER DEPARTMENT OF THE ARMY PERMIT # 73B-1022 I DATED TO PERFORM WORK IN WAS COMPLETED ON SAJ Fl 586 - 5 Jun 73 mmm& L a it DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT. CORr-9 Of ENGINEERS l �►" 10. O. BOX A970 JACKSONVILLE. FLORIDA 32201 SAJSP 4 December 197 Permit •73-1022 cn IP rn • _ �� o City of Miami Beach 1130 Washington Avenuern OCT 20 1977cr-< - Miami Beach, Florida 33139 � -0 rn PUBLIC. 1LIttUo VcrAWMENT o = v By q�D— - -n Gentlemen: PLEASE READ THIS LETTER CAREFULLY AND COMPLY WITH ITS PROVISIONS There is inclosed a Department of the Army permit authorizing you to perforin the work specified therein in accordance with the plans shown on the drawings attached thereto. This permit is issued under the provisions of the Federal laws for the protection and preservation of the navigable waters of the United States. These laws provide that after proposed work has been approved by Issuance of a Department of the Army permit, - t IT SMALL NOT BE LAWFUL TO DEVIATE FROM SUCH PLANS EITHER • V BEFORE OR AFTER COMPLETION OF THE WORK, - unless modification of said plans has previously been submitted to and received i the approval of the Department of the Army. Your attention is invited to the conditions under which this permit is issued, 4; particularly to that one requiring you to notify the District F.M� Ter, Corps f of Engineers, as follows:' ,4 '(1) Of the date o� f—r actualcommenc�em nt o wor%. sxomma(2) Wt any suspension and resumption of the work, aro date (3) Of its fJn'Xi %.Uu1Yl t {� �►„�'t � 1"d"return attached SAJ FL �8b). i Compliance with this and other conditions of the permit is essential.. Fall4re to submit the notices requested will tend to invalidate the permit and may result in its revocation. " < cr7 c: ` t--• . - ' r C •� L C = Q Q! M16 Ca ? Uw�QcL c` l SAJ FL 25 23 Aug 73 .r� l# - V Q a Ui u- ai < U' U, U' U- Q �- •� 6 4 December 1975 Permit 73-1022 The inclosed "NOTICE OF AUTHORIZATION' must be conspicuously displayed at the site of work during the entire time of construction. Upon completion of work, please return attached card (SAJ FL 586) to this office. . Sincerely yours, GAIL G. GREN 3 Incl - Chief, Operations Division 1. Permit w/etch drawing 2. Notice of Authorization . 3. SAJ FL 586 � ♦w 2 . • . Soo • , } ' xr10 • � � t�. STJI.31�G0' '- 6REAXrIR'T�R Ct S-t�. 0•}Q� - to s s' -o a� ' • n Pi _ GI O N 4 m O LL •� o �._ _ . V- -n m CJI � -. � • � 0 CO rn go U1 ! 00' • ' 7- 0 - M4b - en M • ,, :� • � t1� yc -o • * •+ _.-_ - a . O - O 6�c� -• - • _ �• O • Ali -Oleoat - - T, too a 27 �f eApr b j `} fie, •, s.► -fir•. sr/chi, ? tr. Go/lcourse a r hN - :+...�► • � li �'• • yam.. �•,:� Sunset IV �If" ar Y a• ,• � vi�(eIt'J I Islands .._,,.,�., = o. •� T,ItI!•/• ~j:�f..�,-:.- �u_. pACf �' • r ss5.: nr: Cv+J+�'. 7 p.. S►r•=ti i..:� 1�. •� �. � { t •�t.1.i.�'� ...•-'••_; ��.,.:" _ T •' b O ter! � •w t � +� Y .� � co )LO ark ' •� P• ~ ' •. _ •` • �Q{� ���.53 os a to ion 21 :1�+ • l� in'l.i O TO.uryl �...��� 1 ! - ^.Y�� 1►tlrt j i 1 • Islands =:.� ,-> ::•:�,..��- , t �. ! : �-•+ �'� tQ a` u E3CI�e Isle • , �.�: �: '• j �u tO.itlTi•. r� 4 7p- -�..• Jf • � • .. Y�..1�d.. ,:i'e� �: rt� ��+! >i li ♦ (a{;C �''�—S..:i t / • .r' .r ...'• •.f. w • 1.. .r r- ias t. - • Cs� * I.•:COtIV .,� j r,•,�yr�7 �:.�•r-s r: ( � J-17 R�ja:�,1,I �tl CSI..+.f.. - / -• �i s i sari Marino �: -•FJ Rivo Alto `�1" i ' , / � � • • • Island 4.► / Island s Mf�, �_ '.' s. ttrnich at(Bri�act1 Di Lido 1 fta�ter 1.12 .o:iat y L a • •. • � • l i' 1[ v•/. ,/ _r •11a.-� r: saa t �. .1 J01YStf{d�-'q -..%:t „• . ►,�"�Po,.--."4 r!j1- !j- ci�lbl::cus Island , t s ♦'� r•'r'.. •K •. lir•t_ _' S_�nr=� j 5S Ur islandi 'mac �'+• �� c• • r i t 06 91 Us ' -�• y '� ~PROPOSED MARINA {� • � _.�` �` �:�/+:.•., Island �. �I- .� `♦ C•'`� • i—�•11��` ���5 fit. •��r I ir• !/ . J ,• / _ `�``��`. `�)• �1 t/::. /-: rsrk7 ; s •Spth-Beach j Light.• _ r• a i_s: -M s �j , {,yam • . � •� • >< � ` - L • • _ , � rev � •I..t i- s • • �1(/ Light,; �,? ► ti -`_.cam -� • j • Dodge Islands �, - = ' �s/ten ��. ,�---���_om_.,,t� ~. i;; ;_ r 2.?.;,m, \� Clt!moi::+ y • .r��•U ; Crr.,s of - 2150 Jfy Cv f 12— • "`'' '�,til�- ` C • . � .'.� c MIAMI BEACH MARINA u s SEC. 3 7WP 54 - RANGE 42 . ,,a j•p: , :•tint'. BISCA ' Tank YI�E BAY DACE CO. I LA. �s' : , •,� �,.�� Fisher 1! APPLICANT: CITY OEt AMI 82AC4 • ,: �` % :;..�, , PnEPAREO BY:♦�---,��.«....�� `•.;•,,• .� ( FLA. L -P -EI No.j 1555: ~1974 Nr JAN., Gr,n EENI.EAF/TELESCA, INC. LOCATION P LA N MIAMI BEACH MARINA' (PORTION OF USGS t.1AP') 10f3 NO. 332.02 _ Janucry, 1974 RI 9T - Cab/e Are400 40 CUPOLA 9 • 0.111 12 "9" � CHI Ar 10 ° tl '1a SLI It c rs iT. 0�r 111 4 FT N ; = 12, :l 2• _ ps * Q ti op O , � 6 u BREAKWATER �- •^ - `\ 7 VoA 3 X32 30 \ . '/• ♦ ` �i •\ 11 X13\ �`'a' i0 , J� ?.32 o a Tn 3 Omer Z �e 1 �� Fr/s• _ 3 DRE GED •� 1 � ec�e't`IJ'`1 `�` ''•�♦ t ?t • fowl 7 �t �. .0 i . rr . -..._.. ./... If,ninsrtlu Channtlt ...... 8` "'~--.•- 3 1 1 :.! ��G ` 7URNING BASIN - _104 _ 10 14 12%. •• "_ :u•.. .. ..i. 'i0 e A -R 2 It 12 12 10 `� - ,•ice` ..�: •.7t r•,�,•ti;=:Z:I:SS 8Zi3t1%Z)'-fi 16 1 -I_�-.n-...... _1 _-_-�w •IvS._w,•!r�.. 30 f_£_.E—T -S,r£—Pf_ 96 ..7.',.......... 16• Is= 10 1923 n t) B�ti s --122 • • �i �•...-• . • .. • ,` 19 t MIAMI BEACH 1v.Ar\lNA *. _... ;\ ;4, SEC. 3 TWP Y, - RA'NGZ w2 i 23.� -- - --- ---- BISCAYNE t'AY ,DADE CO. FLA.. 2 sw ts _ If:'_.NT: CITY F tt1 t11.V! B_ CH APPLICANT: ff •', t F1 S I I r It PREPARED BY: ....lam. r = /. OLA. R.P.t� NOJ 13:.,21s. S IL, A JAN., 1974 E TEICSCA INC. LOCATION PLAN MIAMI BEACH MARINP GRECIJ L AF/ , .02 t1►icuroi , Florida (PORTION OF NAV. CHART) J04 ILIO . C%-7 A :1 r lb vs_ p„ - • �--il�+t�ORrIL1eJG — ... �t..W- El•. 0=0" ._ bRetiFVATEK FAAEL�4 r ui r i r - r MIAW BEACH MARINA • SEC. 3 TWP. V. RANGE 42 • - BISCAYNE RAY, DADE CO. FLORIDA AP?LIC_ANT: CITY O; rlllt.,vti :1. tt • i;REPARED BY: •• Sr�I=�i�tiVAT I✓+� �: Br`�1D� CROSS"SECTIOiN Job tato. 332.02 "ECNLEAF/TEI.ESC�1 ••� ^ Febrvory 1975 • _ Sco�E: st-o�F • •� t • •: •.. •••,too$LM5: ,•• ••••.. :q �•. '. ,. pM 5• -APS' w.' •• •• •�••� r f e F • _ - i j - i ' �{•°5Q. Pt�E1 30=T0� cIB"�Q. FILE 30 TO GJIP_ VAM5. lltG! 70 �t..W- El•. 0=0" ._ bRetiFVATEK FAAEL�4 r ui r i r - r MIAW BEACH MARINA • SEC. 3 TWP. V. RANGE 42 • - BISCAYNE RAY, DADE CO. FLORIDA AP?LIC_ANT: CITY O; rlllt.,vti :1. tt • i;REPARED BY: •• Sr�I=�i�tiVAT I✓+� �: Br`�1D� CROSS"SECTIOiN Job tato. 332.02 "ECNLEAF/TEI.ESC�1 ••� ^ Febrvory 1975 a� all= MW L I r" m m m m rpt l6. •� coat.. occK �c.�- .o •_. ��' ••.14.L.w.40.0 , r • ...... I�p. SQ._ .. tar SQ' tOM WIGS ,i.. bOtr• Et,• — IZ•0 ,. • e st A v. e ess. o • .. - . • •o 4b - ' .SAr�o • . . so so, 3o---roO- cAPAciv( l e��S7R�Ss�o corac. PItLpS 1 MIM AI BEACH MARINA • - SEC. 3 TWP. SSS RANGE 42 ' BISCAYNE BAY, DADE CO. FLORIDA APPLICANT: CITY OF MIAMI °%l, H -C _C ---- PREPARED BY: x__.14 SECT • - • ��� `., i�: p �w i»... -:• '.• . • DREA��INA AT SECTIO ' • r- . • Job Ito. 332.02 • CREEIILEAF/TELESCA zgtlE:,rr- .S o-rG _ Fcbru.,ry_ 1 75 Plimncrs Enuinc;cr:. Inc. ••-- • •�, }lAt�nRAItIr1G -- vigh -- _ SYEPS SLOPE - SLOPE •,L,W� cL. 0=0'l • ' 14' j i • . ti��►RIES • ll G*" T4 1C�'•Ca" I_ { MIWI BEACH MARINA SEC. 3 TWP. 54 P.ANGE 42 • BISCAYNE DAY, DADE CO. FLORIDA • APPLICANT: CITY OF MIAMI ;:LrFj, • - PREPAUD BY el -- 4— a�� DOCK 8i BRIDGE- CROSS "SECT IOM .lob No. 332.02 REENLEAf/iELESCA - Fcbruory 1975 loaners Enaincers . Architects, Inc, sHEL-T `'� ' •. - '� l 14 . . • PERMITS • . f `%/.� : ° i� is ��•1.1 i I��1."-. t l� i 0: � i G � L'�Y ' CO•R.P5 Oi &E.X 73N22.2' -x5 - •• NOTIM: OF All H 0 2%1Z�:;�:: . . • 4 DECUIBER 19 75 A PERMIT TO REPAIR EXISTINC SEAWALL,BREAKWATER AND DOCKS AND COYSTatUCr A ?WN, ICIPAL MARINA WITH •ALL••ANGILLARY BOATING FACILITIES. i AT MIXXI BEACH, SOUTHWEST SHORE JUST NORTH OF GOVERNMENT CUT IN THE AREA SOUTH OC THE MCARTHUR CAUSEWAY AND NORTH, OF BISCAYNE STREET FRONTING ON ALiO`' ROAD. i HAS BEF-4N ISSUED TO CITY of i1MMI BEACH , • • ON 4 DECa'-tBER 19* 75 . 1130 WASHINGTON AVENUE ADDRESS Or PERMITTEEN MIAMI BEACH, FLORIDA 33139 } • ••; PFQMiT NUMBER 738-1022 DONALD A. WISDO;I, COL, CE • �ar�'\i District Enginatt • t ENG form 4330 — .. Jul �o TY,IS� tifl;i� f BUST �.r. CO;;S?jCUOUSL`I D,'S?LA`lr? AT lii� Sli C OF :�'� �:i. - 14 ,: !_ • . Go • ••• / ,• • • j•• • • • 10 ��'•�•/I� • •ill ,• •,- •�M • _ •f -r i ••• t • •• i ! 4••t{• ' •JjS••:. •r♦•w•'/,• !•• Gi.j• .� !:t•••. ...;jet•. •r ,t 0 to 1•• --.••or 'S •• •- Go Go • t • A'to Go ZZ o Go A. • •••• ,��Ml t000�ti �I.Ls• y •! •. .1"i;i {r/•Ii •�•�..t.ii,•t:.••�- '•• • •-.•• '• Go. ••: .•• • • • • • • •• • •• '• • ••! �• „ M •� • +Y� M : ��• •••_•.•• O • •• , • • •�• . •. t. 1. •� •' • •s: �:- •, 1 C. 1 L. ,.,.f!,'•.�,:••r:�.,�;'::s• IMPORTANT- NOTICE" ._ -W, Go :...•,• �'•: • 's�t:rt • .'': •t. • . . s3• • !... • •. •}• , y •' • .• yL• • ��� PLA CA trl.•. . • i ,�1:!.=d=. .\.i•.► •oT %-'•.�'._•• •t• f Z_.t if..= ,t.-•• r,., ♦ �+��•• • • {, •GO 49,16• GO, •• ,�t•�•�• +�••7•:: . •,.• •••I •�...••i•i .f•r• •. r t. , •D•PARTM.ryr4F;1ENVIRON'.. J �1• f•••:.r• . o** , •E.1N./'►•=MENTAL a••L•p•s�tRE�G-t;.Lf:•'i,. rATI0�•••�•t• J:.ir:.�...•w,�•�:{f ',_�•S»..•7+•i: �.�•;:•.;�"••• „�.ti' or ,• .1 •� '., •,'•- •�•' - 'i C0MPLET[OV OF:a ,��' T S•HERSIN '{'': • •.2562 Execut` p • 1veo:Cnf.•,.. • S.; e : r, •• •••. : Montgomexy"•Bu • • .••,s . ,'�! • •I' ' • ,••}•r•l•• ••. i.•i:1 v: NI••�:�ti• •� •... �•* .• ilding-,. Tallahassee• 'Flo iiia ` .._..: '..;1, •. ... �. •. »� • so • ,•. , • ..t....ii: •:'i:L :••�'''�' r i'tr :`-r�� (ADDRESS ` ' •: :L . , �•. �� �• / I • •- ,•�,••r ..lw`L•I�•.I:fi.I'••.M•r; 1�• • ! -i � •j•••�•�i I•-�{�-�i •�••=••i {%�'�•• 0. 0 of Go. •••• • 40 • • ••,f• • •'i ti14 f t • S.= ..,..• i irk+I..: .� •.: •. •yt.ti �„��,. 7„_ V•'• •.• '• Y-;_'•/ ••. • • POW 1 �• hy/�r�I., •�=��•CITY.. O �• 111L -11r• B��{���y♦ •�i►i�.i •• • ••„•. i �J'•.-• •}i �• .t �J� i 1: •'� �• •� tI �• - .l sGo o. �•} • • . • • r •.•• 1 �. • • • • �� • • �• '� ' • �• J1 c/O• Greenleaf • •• .. r ✓ L•�'!”: . ••• ..,.: • • -. •, •:r •.•q • of/Telesca .t,lN:...,�.c•�,•.�::z:•':.�. •,-.:.;�.. • • �i. •9. •. iy.' 1451, .[� kelloo . Av ..i•' �•. •� ••!I_t •� 1: r•�. f• :• �• ��.: N•,� • • •. • _ f•••= • .. ''•:....:.•_• Miami,; Flors.da� :331 `'' : -:::-'• �: . -.-.:,• •: ' • • r••• .•, 1 1 • • • = . • I• • Go 40% M IS op o Go yy�� T-DESCRI.P.7110. lb- Go �y��•.9..;; PERMITTED :' •: To construct .•12 fN.: 300 ft. • 340 •Ft• long, a concrete dock.'•330 ft:� •long= by-*. 10 ft�ng by -8 ft. wide, a try 24 ft'.. wide, -'Occupying 1, 642; 970..squaret:fe Nide,''a 'brid5e 4 ,0 432 boatslips �•IODTFICATION_ :' •. et of soverei5nty •lana and • •,:To eliminate . the.•concrete. do"' • and the b; to construct 490 f t-..:' oF. dock/bridge;-:-:370 • f t ' of •brea w• o E breakwater. LOCATION:.: ;Govarnment ;Cut; :.Bisca ne B ester/brid5e •and '3, County .. 1Y ay; 'Miami Beach, -.pi 1', Section 3 ; Township- 54. South Range': -7-4 4 2: East AgL;atic-Pre•sexve •A-14 :; ::.Stipulati%o r: . , • '.in -.Biscayne Bestir -Cay ns• . (1) Tolater u - be• maintained as 'Claus =•III .'in ~'accordance with -Florida. q al�ty. within _the marl Chapter:17-3 - and : �2)'..:There•' •• IAdninistrative Co .. •'. shall -:be. f•-• '• . ::�..-•..J,., .,: - c ! Go . no edg�n .•., r. • •. 1 •• t/ + • 1 •�iy �I ••...� • • •,r •• f, •' , • •• !i i,,•N. •�i -'• ...i'. •'i w: .I ii �•• ... •. .•., Z. .n�"•47 ''• s• I• •./�f_.-�•�/ "G- !•L� .^••�V.T•-:7.���:•_„_il.•-!••jam-.•!:, `•�/ �� ': ,• or . • •90• ,;5p • _ • .. 1 • r r�J" • s.• 10 so roo 4 Go S • • ' ••► • • if • . • •' , ••• • _•••, . • ., ,..;.•,.•% �• ��_l���IIJ .•r•� GoS • •�.;I • •�. • .._ - i.. t Go 0 Go w • ,• • • • ••_'.i: ••. •• �'�7.i -�. .1 .7- qtr '`� ��• �• 1•- -w��_ •• S•.. --•-. •� . i•tit� o 60 C )_ •- No to- 1; Go. Ir .. oo. .9 t• G • • I •. J -6.., Go •'� •; 'i ••, %•1.i • ice'•••..,• -��{ -. • �••• '• �, • •.1 `���'''�►�� •:• •- • •1 •,�, • , :'• J�•,•� • '•" • •• ' •. •.. • :�••:tom . • • • • O rGo �y • • • f o"' • • • - - • • • w ,��i i o u I �.. " •, '"may. . • '; - ..' .� •.• •'r Qr_ _ t-nr�o�-- l -1 47S ..•: boo teed IMb i`O i IWIII W it App4cation No. 73-1022 Name of Applicant CITY OF MIA14I BEACH DEC 41975 " Effective Date Expiration Date Ilf applicable) DEC 4x78 DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 15 August 1975 for a permit to: I X) Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403); ( X) Discharge dredged or fill material into navigable waters upon the issuance of apermit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat. 816, P.L. 92-500); ( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052; P.L. 92.532); .-4 (Here insert the full name and address of the permittee) City of Miami Beach 1130 Washington Avenue Miami Beach, Florida 33139 Is hereby authorised by the Seczetary of the Army: so repair existing seawall, breakwater and .-.-4 (Here describe the proposed s•tmctiue or activity, and Its intended use. Io the case of an application for a fill docks and construct a muniigiDal marina with permit, describe the structure,, if any, proposed to be all ancillary boating facilities. erected on the fl1L In the case of an application for the discharge of dredged or fill material Into navigable waters or the transportation for disch&me in ocea % waters of dredged material, descrt'be the type and Quantity of material to be discharged.) Biscayne Bay (Malloy Channel) -o (Here to be named the ocean. river. baybor. or waterway concerned.) at Miami Beach, Southwest shore just north -. (Here to be named the nearest well-known iocalitr-- of government cut in the area south of the preferably a town or city--.nd the dinance in railed and McArthur Causeway and north of Biscayne Stree tenth.: horn some definite point to the .�ti atat.l.es y y whether above or below or giving direction by points of fronting on Alton Road compass.) Ia accordance with the pleas and drawings attached hereto w c are incorporated in and made a part of thla permit (on drawings' give file number or other definite identificadon marks); SIX (6) sheets subject to the following conditions: 1. Ger►eral Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; end that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions i or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate. I' whether or not this permit has been previously modified, suspended or revoked in whole or in part. ENG FORM 1721 EGITION OF JUNE 1968 IS OBSOLETE. (ER 1145-2-303) 1 APR 74 •�( . p1. ti b. That all activities authorized herein shall, if they involve a discharge or deposit into navigable waters or ocean waters, be at all times consistent with applicable water quality. standards, effluent limitations and standards of performance, prohibitions, and pretreatment standards established pursuant to Sections 301, 302, 306 and 307 of the Federal Water Pollution Control Act of 1972 IP.L. 92-500; 813 Stat. 816), or pursuant to applicable State and local law. e. That when the activity authorized herein involves a discharge or deposit of dredged or fill material into navigable waters, the authorized activity shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of lite effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency, may determine to be reasonable under the circumstances. d. That the permittee agrees to make -,every reasonable effort to prosecute the work authorized herein in a manner so as to minimize any adverse impact of the work on fish, wildlife and natural environmental values. e. That the permittee agrees to prosecute the work authorized herein in a manner to as to minimize any degradation of water quality. 1. That the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. p. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the pians and drawings attached hereto. h. That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations, not does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. 1. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shalt not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result frorn existing or future operations undertaken by the United States in the public interest. J. That this permit may be summarily suspended, in whole or in part, upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action, and (3) any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate imminent hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated, modified or revoked. If a hearing is requested, it shall be conducted pursuant to procedures prescribed by the Chief of Engineers. After completion of the hearing, or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested, the permit will either be reinstated, modified or revoked. k. That this permit may be either modified, suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification, suspension, or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same unless (1) within the 30 -day period the permittee is able to satisfactorily demonstrate that (a) the alleged violation of the terms and the conditions of this permit did not, in fact, occur or (b) the alleged violation was accidental, and the permittee has been operating in compliance with the terns and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or (2) within the aforesaid 30 -day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify, suspend or revoke this permit in whale or in part shall be pursuant to procedures prescribed by the Chief of Engineers. 1. That in issuing this permit, the Government has relied on the information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or Inaccurate. this permit may be modified, suspended or revoked, in whole or in part, and/or the Government may. in addition, institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. 17 n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced, as far in adwnce of the time of commencement as the District Engineer may specify, and of any suspension of work, if for a period of more than one week, resumption of work and its completion.. o. That If'the Activity authorised herein is not stated on or before day of , 19 _ tone year from the date of issuance of this permit unless otherwise specified) and is not completed on or before day Of , 19 _ (three years from the date of issuance of this permit unless otherwise specified) this permit, if not previously revoked or specifically extended, shall automatically expire. p. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. q. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the. permittee. r. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which May require authorization by the Congress or other agencies of the Federal Government. s. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition v hereof, he must restore the area to a condition satisfactory to the District Engineer. t. That H the recording of this permit is possible under, applicable State or local law, the permittee shalt take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests In real property. u. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. v. That this permit may not be transferred to's third party without prior written notice to the District Engineer, either by the' transferee's written agreement to Comply with all trerms and condition of this permit or by the transferee subscribing w this permit in the span provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, If the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions apecified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. The following Special Conditions will be applicable when appropriate: STRUCTURES FOR SMALL BOATS: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave vvesh and the permittee shall not hold the United States liable for any such damage. DISCHARGE OF DREDGED MATERIAL INTO OCEAN WATERS: That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and/or dumping of the dredged material as authorized herein. ERECTION OF STRUCTURE IN OR OVER NAVIGABLE WATERS: That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shell, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee faits to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee. 3 fly is r r � r MAINTENANCE DREDGING: (1) That when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit for years from the date of issuance of this permit (ten years unless otherwise indicated); and (2) That the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. 11. Soocial Conditions (Here list conditions relating specifically to the proposed structure or work authorized by this permit): This permit shall become effective on the date of the Dirtrict Engineer's signature. Permittee hereby accepts and agrees to comply it h the terms and conditions of this permit. PERMITTEE DATE ! FRANK R. SPENCE, CITY MANAGER IBY AUTHORITY OF THE SECRETARY OF THE ARMY: DEC 4 1975 J30NALD A. WISDOM Colonel, Corps of Engineers DATE DISTRICT ENGINEER, U.S. ARMY. CORPS OF ENGINEERS I 1 i Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE DATE t 4 1 39 # woo* mo i � 1 November 14, 1978 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Jacksonville District Engineer U.S. Amy Corps of Engineers _ P.O.- Box 4970 Jacksonville, Florida 32201 Attention: Colonel James W.R. Adams, C.E. SUBJECT: Miami Beach Marina, MP -36 i Corps of Engineers Permit No. 73B-1022 Dear Colonel Adams: We are requesting a three year permit extension for the Miami Beach • Marina Project from December 1978 to December 1981. The City of Miami Beach has now awarded the contract for the second part of the marina project. This part is tentatively scheduled for completion in December 1979. If additional information is required, please contact this office. Very truly yours, Frank Aymo n in, P.E. Director of Public Utilities FA/JA/Fri/WDB/da ' cc: rIr. Cavin W. O'Brien .y ' •l •tii :; 20 Is 41 vii tL�'DF.K: Cumrlcqt Nrrn► 1• ?. a�..1 �. ' • o Add your addre•► in the "RETURN TO" ►rote on 1. Tf►c following sct%itc is rc`111cstrJ (chrtk one). Show to whom and date delivered.......... C] Show to whom. date, and address of delivery.. S :." 0 RESTRiCTLD DELIVERY v Show to whom and dale delivcred.......... t• 0 RESTRICTED DELIVERY. Show.to whom• date. and address of delivery. S .(CONSULT POSTMASTER FOR FEES) z. ARTICLE•AouRESSEO TO: Jacksonvil-14 'hist. Eng_ U.S. Corps Of Engineers P.O. Box 4970 z •• :0 Jacksonville, Fla. 32201 3. ARTICLE OESCRIMON: REGISTEREO NO. CERTIf1EO NO. INSUREO NO. 139 298 I n N (Always obLln signature of addr+essue or oKtenU r'♦•t t have received the article described above. X SIGNATURE Q Addressee •d agent X `�?TEF OELIVERY-C•''—�OSTJr1wARK Q S. ADDRESS (t:`d.�ita► onlyIre C %:W - • A 6. UNABLE TO DELIVER BECAUSE: y 11., I - -CLERK'S .INITIALS GPO t 1TT7-o-2K-377 t I. _ . . . . . . . . • . - - ' to s 0 Z. r •• rq y= ms's: m v so, C6 rrn %O = • > rrt � Mr ".-z C do 426 Ca do C � Q� �2 ^-�•$c z—I w • _. r i t7 A • �. ..� •n _ • ,.,4 to r- • .. rs an r - I...,,, o o • 6 do m �•+o• N X ^.r^� < r 0 • so i J CD • ^1 O r . C •�' a C6 Z 0 -.4A a 03 --( i 11 M W �7 W T1 CA ^ 73 _ Z C" ar ♦ LA N 1sipLZ o N N M y� .-C'Fn fl ll A 7 A T Y •,.v C to � re Sr, 4 Y .Rio my r�"''+v �^ !:^Q >•c7 ^ x %A r O o, 6 �A rn^� �+�� epi �� ON A -< O or a LZ7 aJ p A 7Z' O A N Y[ Y T g .'e A v �► >' n Ls nay g as �. A �r�± ^ A rrt as �Q n A C.RL _ O AR A T � CD Q�3 ^a N x-- o+ . ,Cool �; -o � A i A� M1 N• V �- n N' � 7 A N C rnc-�Cp Crto r" r" O A �'► Ca = on O� 0- 3,4 w,4 0 A As< O A G 3 _ s. Co 1� N 2 �yde• ra rt N tC 1 WW cn- 40 CW v N c3to M es� �� r+i & A -4,, ce c- ` N •if L O =• a- � o 3 M3 s • a • O V Q V` CDO 0i. �% v - `� alvo wio �+�vwlsod o _ >i y��3�QMV d91risod 11r1O1 w A �biA�13003101a1S3a � k1 LM 1a3A1130 30 SS3aoolr * ONr 31I1OONM M M ONS c i :0 AV13MI30 z M c 031:)rtl1S3HN1tM0 V4AMO a -4 r' 31 ro OMIT now Ol MONS n O b B 1 i0 SS3t�00v ON3v t H •31x0 *0014M 01 MONS N to 3C•. 9 M rn D 0AGAA-A31ve C < -4i Dar h1DHM 01 Motes n cs M t M rro N i AU3An3003104tiMto a AtGA1130 W103dS m S rn 333 03►-litl33 t^ S 37v1SOd 1OZZE 'eta •a111AUos)jz)er 3009 d17 0NW 31111 S ' O d - OL69 'bM���v 9.1a3U-1WUa 30 SdinO 'S'fi • of 1NiS • (aSJanad eaS) 11VW IbNOL1V1:4OM 1303109 ' —03,01A04d 39bH3A03 33NVkMSN1 ON -11dw o3rJrla�30130-41d1333b i■■i Mood fid ..r ..r r4 • L r' ' DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT. CORPS OF ENGINEERS P. O. BOX 4970 • JACKSONVILLE. FLORIDA 32201 - 1 • SAJOD R 73-1022 y 18 January 1979 City of Miami Beach N 22 4 � 1700 Convention Center Drive P11BL1t► Miami Beach, Florida 33139 gy u!""�� �_,•,,,,,�,�f� DEPARTMENT OF THE ARMY PFRMTT 71-1n99 Gentlemen: This is in response to the letter from Mr. Frank Aymon i n Director of Public Utilities, requesting a 3 -year extension to permit 73-1022 issued to fiche city of .Miami Beach which authorized the construction of,. aImarl nein Biscayne Bay, a The expiration date of the permit is hereby changed from 4 December 1978 to 4 December 1981. All other conditions remain in full force and effect. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ' JAMES W.'R, ADAMS Colonel, Corps of Engineers District Engineer a 22 H Tv rAw ' ^ •� i!� {Rc,y.'e►yC--•�"tsI•"-+�`WM}�� y'tiyw=L_...•T`` ��.aq`��iL ' �•,.L•'.1�J+•. =ha"�-1 � � ��♦ 'r�'�.ly � �-a�fi�'r F"31. L:JiCwT 's v" � ♦�.�'� �� •�I S ''��';'�t4M11������uy�a. 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'.V. 4�.Jti.a` � t .f. ✓• t � � �.�a - s • .rJc:.cJ� � �7 J.- �-,�1�C'^.�:y� �'��-'t• •`•`Ry .y �•t i�`X.�,.,�., y•:��'liwr`�t����T`.�„�';'4.'S'�_ �4••��`�.+•�c�-s..F+������� •, r.-•-. .Z„,n .a.c•t•• ,-f. :s,::* '''^t• +rt \;�-�,ti•�'�.�j�.iy��i: "S.aiti`', s ti.•�� t )'r+r4�_ 'i'n"'�0_r'r-^�w'•F� "•`: •' r';.CC rX ��G.`r�y ar�yr�±• "r'r �<.p•'•�•i M«yy!� ,.S'�'4`",=�M_�,�a,�_�. � "G`a- �.,, y#l.. -tea; ..•�r�i-i•..: �`•F,1 "-. ,r•t..-- S.`f'as.•�.►.•.1�.:..0 �.`�''�..- "�'1 .4T�```�L ' r* zs ^ri • h 'r�Y `,tt+'�iw„`N �.�ii�-ev.t„*••�s3^-" r'+'T ¢tet - • r r. �2' �/�`-1 Y i *•" -..c '' t �•L'. 'rw• �i-• .as % "� , ^'' � �.�'"-r. �-��Gy "`i `�,X+•!'"' •'► �Y' a►7e..•'�Y • •t �-r` �Y� -�� �«R'-k�d.A,•r`^,,, Fi ,,..`� .:•c�•� a�•liL.:;rli� �r _ r 1 .. ..-•: •..••. -t. F a.c .•i"`'�'.-. .♦••" `+'irYT •Fl �•a. _ .an• ` / "'7•a'; c .I �' w .+...'� t. s•, _ �R -Lf-Y:-!i.�"; �'^'eb„r «..i .c f � _,� �..3'� _. • ylFZ rte'. r.J• Tt -• ♦.,�.. � f a :..i+✓ ,�„_... "`!ti•� rai+"�:+'r•.'.. �- " !. .+ � J .JRA - • - - �' � G: •b�"J•a► A. .._i ..,'s:t.-'.�^.v."""�•-:31�.tt+.-+ a..=-': ��!'_•c �- - ..•'i''�`�li �`w:�o a�i�+��'_ _ :••: �= ...� a +•i���•rt�-�. W 40 W M �' w TYWNS OFFICE BUILDING 'T600 GLAIR LAIR SSTONE ROAD .) TALLANASSEE, FLORIDA 32301 a; �e STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION July 31, 1981 Miami Beach Redevelopment Agency c/o Herbert Kay 335 Alton Road Miami Beach, Florida 33139 Dear Sir: r � �• 19 GRAHAM GOVERNOR JACOB O. VARN SECRETARY Enclosed is Permit Number 13-39-1462MM dated July 31, 1981 to transfer and extension the subject pollution source, issued pursuant to Section ZbJ.IL4 & 403.087 Florida Statutes. Should you object.to this permit, including any and all of the conditions contained therein, you may file an appropriate petition for administrative hearing. This petition' -must be filed within fourteen (14) days of the receipt of this letter. Further, the Detition must conform to the requirements of Section 28-5.1S, 1:lorida Administrative Code, (copy enclosed). The petition must be filed with the Office of General Counsel, Department of Environmental Regulation, Twin Towers Office Building, 2600 Blai: Stone Road, Tallahassee, Florida, 32301. If no petitioh is filed within the prescribed time, you will be deemed to have accepted this.permit and waived your right to request an administrative hearing on this matter. Acceptance of the permit constitutes notice and agreement that the Department will periodically review this permit for comnliance, including site inspections where applicable, and may initiate enforcement :action for violation of the conditions and requirements thereof. Sincerely, remy A. raft Section Administrator Enclosure Standard Permitting Section JAC/mlj originp al tv,d on IWl c rt•c'NCI,-I paps DER Form 17-1.122(66) 24 - z 24 DEPARTMENT OF ENVIRONMENTAL REGULATION r� \ TWIN TOWERS OFFICE BUILDING �a !OB GRA►4AD 2600 BLAIR STONE ROAD GOVERNUI TALLAHASSEE. FLORIDA 32301 _ VICTORIA J. TSCHINKE 7 - - sEcRr TAn Department of Environmental Regulation South Florida Subdistrict P.O. Box 3858 - West Palm Beach, Florida 33402 Attention: Larry O'Donnell July 31, 1981 State Permit No.: 13-39-1462MM Issued to: Miami Beach Redevelopment Agency Enclosed is a copy of the validated permit for this project. Sin erely, &17 eremy A. C ft Section Administrator • Standard Permitting Section Enclosure cc: Game and Fresh Water Fish Commission Florida Marine Patrol John Adams, Corps of Engineers Protectinq Florida and Your Oua/ity o/ Life 7"M M M w r TWIN TOWERS OFFICE BUILDING 2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32301 I BOB GRAHAM GOVERNOR JACOB O. YARN SECRETARY . STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION APPLICANT: PERMIT/CERTIFICATION No. 13-39-1462MM Miami Beach Redevelopment Agency c/o Herbert Kay 335 Alton Road couNTY: Dade Miami Beach, Florida 33139 PROJECT. Transfer and Extension 1Thh1 p� 1i Is issued under the provisions of Chapter 253 and 403 , Florida Statutes, and Chapter 17-3 dn� " 14 • Florida Administrative Code. The above named applicant, hereinafter called Permittee, is hereby authorized to perform the work or operate the facility shown on the approved drawing(s), plans, documents, and specifications attached hereto and made a part hereof and specifically described as follows: To construct 12 finger piers 300 ft. long by 8 ft. wide, a fuel dock 340 ft. long, a concrete dock 330 ft. long by 10 ft. wide, a bridge 450 ft. long by 24 ft. wide, occupying 1,642,970 square feet of sovereignty land and creating 432 boat slips. MODIFICATION: To eliminate the concrete dock and the bridge and to construct 490 ft. of dock/bridge,*370 ft. of breakwater/bridge and 3,262 ft. of break- water. SECOND MODIFICATION: To modify the above described project by: angling the finger piers and reducing the number -of piers from 12 to 10, thereby reducing the number of permanent boat slips from 432 to 402; modifying the fueling pier geometry; relocating the marina entrance 140 ft. north of the present location; extending the breakwater 40 ft, on the west corner of the marina; and angle the northeast corner of the breakwater 45 degrees for the first 50 ft. LOCATION: Biscayne Bay, Miami Beach, Dade County; Section 3, Township 54 South, Range 42 East, Biscayne Bay Aquatic Preserve A-14, Class III Waters. DER FORM 17-1.122(63) 1/4 (1/80) 1 4 PAGE OF .y 26 V w M M M© M M M M S V M M PERMIT NO.: 13-39-1462MM APPLICANT: Miami Beach Redevelopment Agency GENERAL CONDITIONS: 1. The terms, conditions, requirements, limitations, and restrictions set forth herein are "Permit Conditions:, and as such are bind- ing upon the permittee and enforceable pursuant to the authority of Section 403.161 (1). Florida Statutes. Permittee is hereby placed on notice that the department will review this permit periodically and may initiate court action for any violation of the "Permit Con- ditions" by the permittee, its agents, employees, servants or representatives, 2. This permit is valid only for the specific processes and operations indicated in the attached drawings or exhibits. Any unautho- rized deviation from the approved drawings, exhibits, specifications, or conditions of this permit shall constitute grounds for revoca- tion and enforcement action by the department. 3. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately notify and provides the department with -the following information: (a) a description of and cause of non-compliance; and (b) the period of non-compliance, including exact dates and times; or, if not corrected, the antici- pated time the non-compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non- compliance. The permittee shalt be responsible for any and all damages which may result and may be subject to enforcement action by the department for penalties or revocation of this permit 4. As provided in subsection 403.087(6), Florida Statutes, the issuance of this permit does not convey arty vested rights or any ex- clusive privileges. Nor does it authorize any injury to public or private property or any invasion of personal rights, nor any infringe- ment of federal, state or local laws or regulations. S. This permit is required to be posted in a conspicuous location at the work site or source during the entire period of construction or operation. 6. In accepting this permit, the permittee understands and agrees -that all records, notes, monitoring data and other information re- lating to the construction or operation of this permitted source, which are submitted to the department, may be used by the depart- ment as evidence in any enforcement case arising under the Florida Statutes or department rules, except where such use is proscribed by Section 403.111, F.S. 7. In the case of an operation permit, permittee agrees to comply with changes in department rules and Florida Statutes after a reasonable time for compliance, provided, however, the permittee does not waive any other rights granted by Florida Statutes or de- partment rules. 8. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, plant, or aquatic life or property and penalities therefore caused by the construction or operation of this permitted source, nor does it allow the per- mittee to cause pollution in contravention of Florida Statutes and department rules, except where specifically authorized by an order from the department granting a variance or exception from department rules or state statutes. 9. This permit is not transferable. Upon sale or legal transfer of the property or facility covered by this permit, the permittee shall notify the department within thirty (30) days. The new owner must apply for a permit transfer within thirty (30) days. The permittee shall be liable for any non-compliance of the permitted source until the transferee applies for and receives a transfer of permit. 10. The permittee, by acceptance of this permit, specifically agrees to allow access to permitted source at reasonable times by de- partment personnel presenting credentials for the purposes of inspection and testing to determine compliance with this permit and department rules. - 11. This permit does not indicate a waiver of or approval of any other department permit that may be required for other aspects of the total project. 12. This permit conveys no title to land or water, nor constitutes state recognition or acknowledgement of title, and (foes not consti- tute outhai ity lei the reclamation of suhmergod lands unless horuin provided and the necessary title or leasehold interests have been obtained burn the state. Only the Trustees of the Internal Improvement Trust Fund may express state opinion as to title. 13. This permit also constitutes: (X}KNYOU 3E,Xx&XdtXd'exd(D(JAGX&XXXxuyjx ex KmaM 3 AXXX (XK�X �?4i(►�tX�'rii�(fXF�fr�(J�X>�(�(rXd(6(94�ri4 �(d�X ��{t��4Hd�Xk4�(� JX) Certification of Compliance with State Water Quality Standards (Section 401, PL 92-500) PAGE 2 OF 4 DER FORM 17.1.122(63) 2/4 (1/90) 0"14J w■ ■� w w w w� �� � w� w w PERMIT NO.: 13-39-1462MM _ APPLICANT: Miami Beach Redevelopment Agency (a) Water samples shall be collected at mid -depth no later than 2 hours after sunrise. Monitorinq Reports: Monitoring reports shall be submitted quarterly to the Department of Environ- mental Regulation South Florida Subdistrict Office (West Palm Beach), to the Bureau of Permitting (Tallahassee) and Metropolitan Dade County Department of Environmental --Resources Management. The reports shall contain the following information: (a1 permit. number; (bj a statement by the individual responsible for the implementation of -the monitoring program concerning the authenticity, - precision, and accuracy of the data; (c) a statement indicating the methods used in collection, handling; storage, and analysis of the samples, (d) station location,..depth, date and time of collection; (e) data. At -the end of the first year, the data will be evaluated to determine if continued or additional monitoring is necessary. COMMENDED B �/ Expiration Date* September 1, 1983 Pages Attached. ODER FORM 17.1.122(63) 4/4 (1/80) H Issued this V day of ,July 14 81 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION VICTORIA'TSCHINKEL, SECRETARY Signature PAGE— 4____ OF 4 A.6 M = PERMIT NO.: 13-39-1462MM APPLICANT: Miami Beach Redevelopment Agency SPECIFIC CONDITIONS: CONDITIONS: (1) Adequate controls shall be taken during construction so turbidity levels at the construction site do not exceed 50 J.T.U. (2) A pumpout station shall -be installed and maintained.for the removal of sewage and wastes from the vessels using this facility. (3) No liveaboard vessels shall be docked at this facility unless said vessel has either a U.S. Coast Guard approved Marine Sanitation"Device or unless a direct sewage pumpout connection is -,provided at the liveaboard slip. 14) Fuel."storage tanks shall be constructed of non -corrosive materials and ocated on the upland portion of the site. The fuel storage tanks shalt be pressure tested at least once yearly to ensure that they are not leaking. Test reports shall be submitted to the Florida Department of Environmental Regulation and Dade County Envtronmental Resources Management. (5) Floating oil booms and sorbent materials shall be available on site at all times in order to contain and clean uplany oil or fuel spills. All marina employees shall be trained in the deployment and usage of the above spill cleanup equipment. The equipment above shall be subject to inspection by all regulatory agencies. MONITORING REQUIRED: Water Column Parameters: The following parameters:shall be monitored. Sampling methods, testing procedures, and storage of the samples shall comply with the Standard Methods for the Examination of Water and Wastewater or EPA approved methods. Analysis of the samples shall be completed within 10 working days of collection. Description Water Column (a) pN Dissolved Oxygen Temperature Salinity Fecal Coliform/Streptococcus Total Nitrogen Oils and greases Monitoring continued DER FORM 171.122(63) 3/4 (1180) Frequency Once monthly during construction and continuing for one year following completion of the marina. PAGE 3 OF 4 Location Sites A,B,C,D. iN .. .� . _ RULES Of THE ADMINISTRATION CONmISSION MODEL RULES OF PROCEDURE _ CHANTER 22-S DECISIONS CETERIMINING SU9SiAi1T?nL IN:TERESTS Requests for Formal and Info mal Proceedings . (1j Requests for proceedings shall be made by petition to the agency involved. Ecch petition shall be grin te�, typewri t ten or other,.isc duplicated in legible form on white paper of standard legal size. Unless printed, the impression shall be on one side of the paver only and lints shall be double spaced and indented. (2) All petitions filed under these rules shouid.conta+n: (a) The name and address of each agency affected and each agency'; file or identification number. if kncwn; (b) The name and address of the petitioner or c;titicn,ers; (c) All disputed issues of xaterial fsct. _N -ere ar r the petition must so indicate; a nen (d) A concise stiterrent of the ultic;ate facts allec:ej, and the rules, regulations and constitutional provisions which entitle the Petitioner to relief; (e) A state -lent su-marizing any inrcr-mal action taken to resolve the issues. and the results of that action; (f) A demand for the relief to which the petitioner deems him --If entitled; and (g) Such other information r,hich the petitioner contends is 4-a 30 at • �% i • �.•. •��. !•• �i.\i •��•. •\ <•••••'�• • 1 : •'• •• ' • • , • • • • • •• t• eft 1 ��: •� 1'•. • • • • • '• S •' • is ., • • • - ' + • ("•.. • • . /• • 1•, , ti /, • , i •• '' '• •'i it •� ': i••// S•� I•' / : ('• to , • • •::�'•'{•: ;•• •1 • * •• • • • • .p , •T •• I *.-a , ,. of iTA. 2,1440 • • • ••• • . 4 1� , •i• N'. . • . • • ^ ��+•�r- • • ' • Jt7CRr•f. �1�• Q! j' 40 •• • • • • �� •• f fit♦; l � . • •' • .� 1 f S • .. • •• • �� tZ ' • • �+ ••� 1 .S• •0 40P •�R 1 y i .'• •II •• • ••• A• OOA at • Y.q ' •.1 '• • 1 4y �. t • • • • • ' ' • • C' •���.y� 1'uti',[ {;A •� t.� • • • . ,• f • ,ice ••2 M!•• • SO 0a-.•• • : • • • : • • • • % S1► •t i / 1 •1 It 10 46% lb • 117 to C 1 • • •ti•'• . 11 •••• • '••1 0 .' • . • j0 •,i • •. 0 to CIO p. 141. // • .+ lot •. 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LOCATION PLAN { iPn{'Tfnnl n1- I ILf:C A4 A '71\ MIAMI BCAC} I 11AI INA 32 d" it m iIn■" is-- 40 �"". - "•1 irs t t` �.' yi � �,• 'u o •f' 1 of � �� ji-r--h:» 'll ' to II • •t i At 1 f ii ,• � rr • ,, U Y I r 1 � � .. ` • 1: 1' 11 •, II ,.� yr•MYNI III ' , L .. • ' • I I I I _ tit o `D / ? ♦` 1 \ mit /Ll.I \ .• � .7. ,r1 �I `� L.o-m �-�• �:,! 1/'.rlift.0/.t i'/�.e Irl.•/. �...r ��L1�-`,i \` � �,t�!G� � � ,j J� Ali ; , 1 .. i„•`''1.. I' I .• .�. • tfr .....• ! 11 '0''•• ...... Oa.n I tl...y... •i•✓y- ti _';. Ali 1 i(, fr •. r r u.i ��• or SILO? 14 '• I i i' 2: F 1 !.',11. •.t l E i :. C' t l t.' 1-2 1. CO. FLA. / ,/ '' , !• ( ( : i': ! I,_nP:T CITY f%i MSI �V�► a; jCt'/ / .......... � J �.) J. A N 1) J/I1. 1W.;1�•1 il.. ^F.N .' :.C�;f 1 S'.'. •ILI.AI•/TLLCSCA, L 0 C AT 1014 PL!\I 1 MOAMI QLACf1 MARINA , (Ic>cir;n OCAT101-1 OF ^U1V (' I:.:TI Inn Lim -,-1n n-. 3ZO 34 35 h'�'� iltcgi� Il�I)f)V.AIli716 rT'. • • :10' S�!►t+ +••' , • r' ° . - LL• call' � r .f .u5 .10. ro'l TO Ito' -G' •- '•i •� --' -_ _ _ rte.. - �: . _ _= - '.. - .. -• • � I i 6 t i g1Aml BEACII MARINA e• -' SF.C. 3 TAMP_ 54 PAI:GL 42 Di ;CAYNE BAY. DAOF CO. FLCII:),,, APf-tICANT: CITY OF tAINA{,ItLk I� • FRTTARED DY: L_L•r. . A lT 36 00 • JL -store- too •1 - Ito% FILis 30TONclw1 /VARIES ll%10 ME '!.C,-T0jj r-Xit A 42 •SIC. 3 PAN(.- zj FREeAkLD T. r)nr.-A logo. A --- I 317 .. Cot%G. UCCIL L L. t i a Yilt� CIX =_t- • �• . E" c,r.caxvr'.-Tag r.Nh':L o• r, VARIci b:rTt• fL• -12.x• _•-- . --- -- .--- --- - :- . - _ .. -. wo,lam . t v_� �rJ•' o 'loVlAoNhf," �lR nP � 1 f Lrz� Pc.E4�RCSseo colic. PrC.Gs or I►37-5 F�� .► - - PAI DFACK l.JAIZIN/l dAl.• • J SEC. 3 :WP_ Sri PA::GE X12 L r;r:t�.r� Co. rtonw • �.t•� t.tc�.: rt: �:: •r Gr r :c.t•.0 �.;.� F. C_C554. ••-• - Q� EPJL�cE� 0Yc_ /..�.rf���� 36 WALK 215 25' • - �sooQltilG Pigs 1• W ve21 C-S e8l To -log CL W W� li - �Oi/xr_fr. IRV- . + /?/79197 N.T.S. Miami Beach Marina Sec. 3. TWP• 54 Range 42 • Biscayne Bay, Dade Co. Florida '-� APPLICANT: City of Miami Beach t. 39 �w i� . �r r•�r r� .� rr r o rr rr �r � a� �r S Eu -v. + f5.8 NM w e>A,y ) (czxrr+osTE2riE4 ©. �. WOOD %� � ' � . �� 'vim c K .: •.,. .:.� �, CU Q S -♦--- PILE cap `4u$ oQ �n ,.lowYIyN, o PFR WT /V . Dl9 f �,rl o♦ `O Miami Beach Marina Sec. 3. TWP. 54 Range 42 Biscayne Bay, Dade Co. Florida APPLICANT: City of Miami Beach I)Fak kTn��t HOB GRAHAM GEORGE LIRLSIONE Secrctary of State JIM SMITH rida(/ Attorney Gencral q► Rk: GERALD A. LEWIS Comptroller BIGUNTER ENT OF NATURAL RESOURCES Trey urer DOYLE CONNER Commissioner of Agriculture INNER 3"0 COMMONWEALTH BOULEVARD / TALLAHASSEE 32303 RALPH D. TURLINGTON Commissioner of Education March 4, 1982 rbert Kay, Executive Administrator Beach Redevelopment Agency ton Road Beach, Florida 33139 r. Kay: enclosing executed Easement No. 26214(3145-13) ur files. Ij Sincerely, Gloria C. Watson Operations Section Bureau of State Lands Management Division of State Lands r. George W. Koszulinski r. Terry Lewis, Esquire yµ 9k iy Imo. DIVISIONS / ti r' ADMINISTRATION • LAW ENFORCEMENT -MARINE RESOURCES RECREATION AND PARKS • RESOURCE. MANAGEMENT • STATE LANDS BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND E A S E M E N T NO., 26214(3145-13) WHEREAS, pursuant to application made by Miami Beach Redevelopment Agency for a submerged land easement over sovereignty lands held by the Board of Trustees of the Internal Improvement Trust Fund and said Board did on October 6, 1981, agree to the granting of same, THEREFORE WITNESS, THIS INDENTURE, made and entered into by and between the Board of Trustees of the Internal Improvement Trust Fund, as grantor, and Miami Beach Redevelopment Agency as grantee, does hereby grant unto said grantee, subject to the conditions hereinafter set forth, a submerged land easement for filling and construction of a rip -rap bulkhead on the following _ described land in Dade County, Florida to -wit: LEGAL DESCRIPTION (SEE EXHIBIT A ATTACHED HERETO AS A PART HEREOF) The conditions under which this easement is granted are as follows: 1. The rights hereby conferred shall be subject to (a) any and all prior rights of the United States; and (b) any and all prior grants by the Board of Trustees of the Internal Improvement Trust Fund in and to submerged lands situated within the limits of the right of way hereinabove described. 2. That no title to said land is conferred by this instrument. 3. That the above described parcel of land shall be used 4<" solely for the filling and construction of a rip -rap bulkhead and its maintenance . In the event the land herein described shall cease to be used for said purposes then the easement hereby granted covering said land shall terminate without notice from the Board of Trustees of the Internal Improvement Trust Fund. 4. That the grantee herein will not, in the filling of said lands and the construction of said rip -rap bulkhead will not unduly interfere with public or private rights therein. 5. That the grantee herein shall save, protect and hold harmless the State of Florida and the Board of Trustees of the Internal Improvement Trust Fund from all damages and claims arising out of the use of said easement by the grantee or any of its agents, servants, employees or contractors. 6. That the grantee by acceptance of this agreement, binds itself, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the grantee, running with the land. 7. The easement granted to the name grantee shall not be transferred, without prior consent of the Board. TO HAVE AND TO HOLD said easement unto said grantee for the purposes herein set forth. IN TESTIMONY WHEREOF, the members of the Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their names and have caused the official seal of Page 2 of Easement No. 26214(3145-13) 1 4;, r r r r rr �r EXHIBIT A ( PARCEL A,' B, p = r -� t & C ) Legal Description of lands Easterly of the Westerly line of Block 111, Ocean Beach Addition No. 3, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida; lands bounded as follows: Parcel A: Bounded on the East by the Mean High Water Line at the face of an existing bulkhead, 5.70 feet Easterly of the Westerly line of aforesaid Block 111; bounded on the South by the Northerly 12.0 feet of Lot 40 of said Block ill; bounded on the North by the Southerly 12.0 feet of Lot41 of said Block ill; bounded on the West by the Westerly line of said Block 111; Also Parcel "B", bounded as follows: Bounded on the East by the Mean High Water Line of Biscayne Bay as shown hereon, said Mean High Water Line meanders along a line Easterly of the Westerly line of said Block 111; bounded on the North by the intersection of said Mean High Water Line with the Westerly boundary of said Block 111 at the Southwest corner of Lot 23 of said Block 111; bounded on the Southwest corner of Lot 13 of said Block 111; bounded on the West by the Westerly boundary of said Block 111; Also: A parcel of land located in South Beach Park, as recorded in Plat Book 6, at Page 77, of the Public Records of Dade County, Florida, hereon shown as Parcel "C", and bounded as follows: Bounded on the East by the Mean High Water Line of Biscayne Bay at the face of a concrete bulkhead, as shown hereon, said bulkhead being Easterly of the Westerly line of said South Beach Park; bounded on the South by a line parallel to and 158.5 feet, more or less, South of the North line of said South Beach Park; bounded on the West by the Westerly line of South Beach Park; bounded on the North by a line parallel to and 45.00 feet, more or less Southerly of the North line of South Beach Park: Parcels A, B and C contain 0.176 acres, more or less. Page 4 of Easement No. 26214(3145-13) 44 M A nto affixed in the City of Tallahassee, Florida, on Gt day of MA rr-h , A. D. 1982. tD52�SES rument was Y: Watson .t of Natural es ionwealth Blvd. ;ee, Florida 32303 Governo Secret ry f Sfa-�fe A3F Att ey Genera �;omptro ler Treasurer ommi sioner of Educatio� �j f • � �i Commissioner of Agriculture As and Constituting the Board of Trustees of the Internal Improvement Trust Fund ii 45 Easement of Trustees of the Internal Improvement Trust Fund nto affixed in the City of Tallahassee, Florida, on Gt day of MA rr-h , A. D. 1982. tD52�SES rument was Y: Watson .t of Natural es ionwealth Blvd. ;ee, Florida 32303 Governo Secret ry f Sfa-�fe A3F Att ey Genera �;omptro ler Treasurer ommi sioner of Educatio� �j f • � �i Commissioner of Agriculture As and Constituting the Board of Trustees of the Internal Improvement Trust Fund ii 45 Easement eee ` DF'F' BOB GRAHAM Governor GFORGE FIRLSIONE Secretary of State JIM SMITH State of Florida A ALney GcnD A. . L �L Ri'. GERALD LEWIS Comptroller RILL GUNTER DEPARTMENT OF NATURAL RESOURCES Treasurer DOYLECONNER Commissioner of Apriculture DR. ELTON J. GISSENDANNER 3900 COMMONWEALTH BOULEVARD / TALLAHASSEE 32303 RALPH D. TURLINGTON Eeecutive Director Commissioner of Education March 4, 1982 Mr. Herbert Kay, Executive Administrator Miami Beach Redevelopment Agency 335 Alton Road Miami Beach, Florida 33139 Dear Mr. Kay: We are enclosing executed Easement No. 26214(3145-13) for your files. Sincerely, MtOAiO - C. l CM50^ . Gloria C. Watson Operations Section Bureau of State Lands Management Division of State Lands GCW/ps cc: Mr. George W. Koszulinski Mr. Terry Lewis, Esquire �tHt ercr e 'v Q DIVISIONS / ADMINISTRATION • LAN ENFORCEMENT • MARINE RESOURCES RECREATION AND PARKS • RESOURCE MANAGEMENT • STATE LANDS 46 EXHIBIT A ( PARCEL A, B, & C ) Legal Description of lands Easterly of the Westerly line of Block 111, Ocean Beach Addition No. 3, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida; lands bounded as follows: Parcel A: Bounded on the East by the Mean High Water Line at the face of an existing bulkhead, 5.70 feet Easterly of the Westerly line of aforesaid Block 111; bounded on the South by the Northerly 12.0 feet of Lot 40 of said Block 111; bounded on the North by the Southerly 12.0 feet of Lot4lof said Block 111; bounded on the West by the Westerly line of said Block 111; Also Parcel "B", bounded as follows: Bounded on the East by the Mean High Water Line of Biscayne Bay as shown hereon, said Mean High Water Line meanders along a line Easterly of the Westerly line of said Block 111; bounded on the North by the intersection of said Mean High Water Line with the Westerly boundary of said Block 111 at the Southwest corner of Lot 23 of said Block 111; bounded on the Southwest corner of Lot 13 of said Block 111; bounded on the West by the Westerly boundary of said Block 111; Also: A parcel of land located in South Beach Park, as recorded in Plat Book 6, at Page 77, of the Public Records of Dade County, Florida, hereon shown as Parcel "C", and bounded as follows: Bounded on the East by the Mean. High Water Line of Biscayne Bay at the face of a concrete bulkhead, as shown hereon, said bulkhead being Easterly of the Westerly line of said South Beach Park; bounded on the South by a line parallel to and 158.5 feet, more or less, South of the North line of said South Beach Park; bounded on the West by the Westerly line of South Beach Park; bounded on the North by a line parallel to and 45.00 feet, more or less Southerly of the North line of South Beach Park: Parcels A, B and C contain 0.176 acres, more or less. age 4 of Easement No. 26214(3145-13) WA L said Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed in the City of Tallahassee, Florida, on the I st day of Ma rah , A. D. 19_$x. g ,D ;, TRD6;�EES Governo QF AM • tM�RB'�7����fi'Rt1��•; • Of Stade 94A Att ey Genera �Lomptroller Treasurer /', ,A ommi sioner of Education '-��. Commissioner of Agriculture As and Constituting the Board of Trustees of the Internal Improvement Trust Fund This instrument was t prepare by: " Gloria C. Watson __ -• Department of Natural ; Resources 3900 Commonwealth Blvd. Tallahassee, Florida 32303 Page 3 of Easement 48 � w w w w w v i■w �s �■w _r !^ 1 rl—�k� I Stale ul' 1luridu DEPARTMENT OF NATURAL RESOURCES I)I(. MA ON J. (ASSIr'NI)ANNF:K 1900 CONIMUNWEA1:1'll 80I11.EVAkI) / TALLAHASSEE 32303 F.rrmh♦ Uir.cuw March 1, 1982 Mr. Herbert Kay, Executive Administrator Miami Beach Redevelopment Agency 335 Alton Road Miami Beach, Florida 33139 Dear Mr. Kay: w V M L 11011 (il(AIIAM (i).clnor (;I:UK(;C FIRESIONE Seclewly u1 State Am tiMl III Allunrcy (icnclal GIiKAI.0 A. LEWIS Comptroller _ HILL GUNTEK I r.•a.urer UUYLE C ONNEK Commu.ioncr of Agriculture KALPH D. TUKLINGTON Comrni..iuncr of Education We are enclosing executed Easement No. 26214(3145-13) for your files. Sincerely, I Gloria C. Watson Operations Section Bureau of State Lands Management Division of State Lands GCW/ps cc: Mr. George W. Koszulinski Mr. Terry Lewis, Esquire DIVINIONN AIIMINI1,714A IIl1N • IA" l.NL(IH('LMEN"r • AIAHINL HEN(1I RCEti HE( HF:AI[ON AAD PARKS • k1.tiU( H(T NIANACLMLNI • MALE LANDS = r . T , T , r I M = ® = = = = = = M BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND E A S E M E N V NO. 26214(3145-13) WHEREAS, pursuant to application made by Miami Beach Redevelopment Agency for a submerged land easement over sovereignty lands held by the Board of Trustees of the Internal Improvement Trust Fund and said Board did on October 6, 1981, agree to the granting of same, THEREFORE WITNESS, THIS INDENTURE, made and entered into by and between the Board of Trustees of the Internal Improvement Trust Fund, as grantor, and Miami Beach Redevelopment Agency as - grantee, does hereby grant unto said grantee, subject to the' conditions hereinafter set forth, a submerged land easement for filling and construction of a rip -rap bulkhead on the following _ described land in Dade County, Florida to -wit: LEGAL DESCRIPTION (SEE EXHIBIT A ATTACHED HERETO AS A PART HEREOF) The conditions under which this easement is granted are as follows: 1. The rights hereby conferred shall be subject to (a) any and all prior rights of the United States; and (b) any and all prior grants by the Board of Trustees of the Internal Improvement Trust Fund in and to submerged lands situated within the limits of the right of way hereinabove described. 2. That no title to said land is conferred by this instrument. 3. That the above described parcel of land shall be used 5G •solely for the filling and construction of a rip -rap bulkhead and its maintenance In the event the land herein described shall cease to be used for said purposes then the easement hereby granted covering said land shall terminate without notice from the Board of Trustees of the•Internal Improvement Trust Fund. 4. That the grantee herein will not, in the filling of said lands and the construction of said rip -rap bulkhead will not unduly interfere with public or private rights therein. 5. That the grantee herein shall save, protect and hold harmless the State of Florida and the Board of Trustees of the Internal Improvement Trust Fund from all damages and claims arising out of the use of said easement by the grantee or any of its agents, servants, employees or contractors. 6. That the grantee by acceptance of this agreement, binds itself, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the grantee, running with the land. 7. The easement granted to the name grantee shall not be transferred, without prior consent of the Board. TO HAVE AND TO HOLD said easement unto said grantee for the purposes herein set forth. IN TESTIMONY WHEREOF, the members of the Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their names and have caused the official seal of Page 2 of Easement No. 26214 (3145-13) 51 M M M M M M v M M w M M M ■■i M said Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed in the City of Tallahassee, Florida, on the r day of Ma rr-h i A. D. 19_g2_. SEAT, BQA GovernoF{DQF. TRDS7�EES "— - OF .If HEI IyT ORNAL IMpRWT= TRUST / FUND; x 1" 4 Secret�ry (tf Sia— e Att ey General ,Comptroller Treasurer Commi,sioner of Educati`oi 9i��oner o AgriculfUre As and Constituting the Board of Trustees of the Internal Improvement Trust Fund This instrument was j - prepare by: Gloria C. Watson - ----- Department of Natural Resources 3900 Commonwealth Blvd. Tallahassee, Florida 32303 54211 EXHIBIT A ( PARCEL A, B, & C ) Legal Description of lands Easterly of the Westerly line of Block 111, Ocean Beach Addition No. 3, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida; lands bounded as follows: Bounded on the East by the Mean High Water Linea face of an existing bulkhead, 5.70 feet Easterly of the Westerly line of aforesaid Block 111; bounded on the South by the Northerly 12.0 feet of Lot 40 of said Block 111; bounded on the North by the Southerly 12.0 feet of Lot41 of said Block 111; bounded *nMth*West the Westerly line of said Block 111;bounded as follows: Bounded on the y e High Water Line of Biscayne Bay as shown hereon, said Mean High Water Line meanders along a line Easterly of the Westerly line of said Block 111; bounded on the North by the intersection of said Mean High Water Line with the Westerly boundary of said Block 111 at the Southwest corner of Lot 23 of said Block 111; bounded on the Southwest corner of Lot 13 of said Block 111; bounded on the West by the Westerly boundary of said Block 111; Also: A parcel of land located in South Beach Park, as recorded in Plat Book 6, at Page 77, of the Pub #Vds of Dade County, Florida, hereon shown a and bounded as follows: Bounded on the Eas y eMean High Water Line of Biscayne Bay at the face of a concrete bulkhead, as shown hereon, said bulkhead being Easterly of the Westerly line of said South Beach Park; bounded on the South by a line parallel to and 158.5 feet, more or less, South of the North line of said South Beach Park; bounded on the West by the Westerly line of South Beach Park; bounded on the North by a line parallel to and 45.00 feet, more or less Southerly of the North- line of South Beach Park: Parcels A, B and C contain 0.176 acres, more or less. Page 4 of Easement No. 26214(3145-13) 53 M M M ir, C3 LAW OFFICES MESSER, RFIODES & VICKERS •w A PARTNERSMIP INCLUDING PROFESSIONAL ASSOCIATIONS SUITE 701, LEWIS STATE BANK BUILDING POST OFFICE DOX 197E TALLAHASSEE, FLORIDA 32302-1876 TELEPHONE (004)222-0720 JAMES ELLIOTT MESSER ROSERT M. *HODES, P. A. CASS O. VICKERS DOMINIC M. CAPARELLO. P. A. MITCHELL •. HAIOLER, F. A. JOHN M. FRENCH, in JOHN C. LOVETT M. MICHAEL MAOSEN, P. A. ROSERT S. GOLDMAN 'TERRY E. LEWIS Murray H. Dubbin, Esq. Dubbin, Berkman, Dubbin & Greenfield 444 Brickell Avenue 1000 Rivergate Plaza Miami, Florida 33131 March 23, 1983 Re: City of Miami Beach Marina License Dear Murray: You are correct in determining that an actual executed marina license and easement has never been provided to the City of Miami Beach. ,DAMES C. MAUSER ROBERT SCOTT COX ANNE LONGMAN CHERYL L. GENTRY KENT R.PUTNA- DAVID N. •URNS If you recall, we determined at one point to transfer the marina and the marina license and easement to MBRA as the operational entity. I made the request to the Department of Natural Resources for the transfer. (correspondence attached) As you know, it was incumbent upon the City to provide an assignment of the license and Miami Beach Redevelopment Authority was required to provide an assumption. These documents were never executed. Hence, inasmuch as the Department of Natural Resources did not know to whom to issue the license, a license has never been issued. At this point, the agency is substituting leases for licenses as they come due. I presume you simply desire the lease and any required easement authorization to be executed in the name of the City of Miami Beach. I am therefore requesting Ted Forsgren take action as soon as possible on this matter. 54 Murray H. Dubbin, Esq. March 23, 1983 Page Two If you have any questions concerning this letter, please let me know. Sincerely yours, ferrnewis Y TEL/cat Enclosure c • . rJt.Gt 7 r�, .C, r'� � � � j LAW OFFICES (. l p�7� DUI3HIN, BEI2KMAN, DLTBHIlr' Bt GREENFIELD A PARTNERSHIP INCLUDING A PROFESSIONAL ASSOCIATION 444 BRICKELL AVENUE MIAMI, FLORIDA 33131 1000 RIVERGATE PLAZA TELEPHONE 130 51 373-3606 March 25, 1983 Ms. Lucia Dougherty City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL Re: South Shore Marina License Dear Lucia: ' L1 - • � �?=(-Ing I am enclosing a copy of the letter of March 23, 1983, from Terry Lewis, responding to my inquiry to him of March 15, 1983, which I apparently did not send to you and therefore enclose now. According to Terry's letter, a license has never been actually issued by DNR due to uncertainty as to whether the City or MBRA was to become the licensee. I am satisfied that the DNR considers the City's occupancy of the land to be lawful and proper since the Governor and Cabinet very clearly directed them to issue the license, however, as per Terry's letter, he is requesting the issuance of the Lease and Easement be directed to the City of Miami Beach. Best wishes, MURRAY H. DUBBIN MHD:rc Enclosure 1111111111113 r ! f t rZo RESOLUTION NO. 74-1436o A RESOLUTION REQUESTING TRUSTEES OF INTERNAL IMPROVEMENT FUND TO ISSUE TO THE CITY OF MIAMI BEACH CONSTRUCTION PERMIT FOR BREAKWATER FILL Iii CONNECTION WITH CITY OF MIAMI BEACH MUNICIPAL MARINA, REQUIRED UNDER SECTION 253.124, FLORIDA STATUTES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIA14I BEACH, FLORIDA, that the Trustees of the Internal Improvement Fund be and they are hereby formally requested in accordance with Section 253.124, Florida Statutes, to issue to the City of Miami Beach an appropriate construction permit for the placing of fill necessary for the Breakwater required in connection with the proposed City of Miami Beach Municipal Marina intended to be constructed within the City of Miami Beach as more fully des- cribed in the application made for, in the name of, and on behalf of the City of Miami Beach, to the Trustees of the Internal Improvement Fund, under File No. 13-39-1462 of the said Trustees of the Internal Improvement Fund. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the said Trustees be duly advised and informed that said proposed Municipal Marina was expressly provided for by the provisions of Ordinance No. 1891, the Comprehensive Zoning Ordinance of the City of Miami Beach, adopted on October'13, 1971, following numerous and extended Public Hear- ings, certified excerpts from said Ordinance being attached hereto and made a part hereof; that said projected Municipal Marina and the required filling for said Breakwater was fully and thoroughly considered at a Public Hearing duly called and held by the Planning Board of the City of Miani Beach on August 22, 1973, pursuant to published notice of the holding of such Public Hearing, certified copy of said Public Notice and the minutes of said Public Hearing being attached hereto and made a part hereof; that the recommendation thereafter duly adopted by the said City of Miami Beach Planning Board, a certified copy of which is attached hereto and made a part hereof, was duly transmitted to the City Council of the City of Miami Beach: which latter body reviewed, approved, ratified, confirmed and adopted said recommendation at a duly held and con- vened public meeting of the City Council of the City of Miami Beach, Florida, held on September 5, 1973, and a certified extract of the minutes of said Council meeting being attached hereto and made a part hereof. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 14IAMI BEACH, FLORIDA, that said Trustees be -further advised that the electorate of the City of Miami Beach approved the construction and funding of said Municipal Marina at a bond election held on the 14th day of March, 1972, by a vote of 10,112 For and 7,009 Against; a copy of the ballot submitted to the electorate being attached hereto and made a part hereof, and that said bonds were duly validated by a decree of the Dade County Circuit Court.on the 30th day of May., 1972 (and said bonds were duly sold on the 7th day of February, 1973). BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIANI BEACH, FLORIDA, that .a copy of the Public Notice issued by the United States Corps of Engineers concerning this marina is attached hereto, and that the following excerpt therefrom be 57 set forth herein as follows: "ENVIRONMENT. C014S I DE RATIONS: The following 3• ormation has been furnished by the applica::i-: No significant habitation of bird and animal life presently exists on the proposed site. The channel is an area of low biological productivity. Lack of light penetration, strong currents, compacted sand bottom (devoid of any grass beds), and unnatural shoreline have prevented any significant growth of biotic communities. The proposed outer break- waters could increase the biological productivity by providing a rock substrata that could be uged by plants and animals. A report prepared by the University of Miami to investigate the effect of the proposed marina on tidal circulation of Biscayne Bay indicated that there would be very slight effects on circulation." BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Trustees of the Internal Improvement Fund be advised and informed that the requisite fill for the said Breakwater is presently available to the City, if immediately used, from dredging operations presently being conducted in connection with the dredging of the ship channel in Government Cut and the Harbor of the City•of Miami; and that if timely issuance of said permit is not accomplished, said dredging fill will not be available with a resultant additional cost to the City of Miami Beach of approximately Two Million Dollars ($2,000,000.00). BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, 'that a certified copy of this resolution be transmitted immediately and forthwith to the Trustees of the Internal Improvement Fund at its next ensuing session, and be respectfully urged to take favorable action thereon with all deliberate dispatch. PASSED and ADOPTED this i st day of May , 1974. (Signed) Chuck Hall Mayor Attest': STATE 0 F1 -07:^A 1 a i ne Matthews Cc:•� t ; :.::.:...i � •. • .: ; ::::�: -' : �'1; `..� • : _ -;. (Signed) E that t;:� i! r',;•c anJ fcr� �� f� ..i ll,r- City Clerk rect copy of the orifina! thk`:cc; cn ;1':` ,..!s (S EA l_) cftice, 1AT 1— ,. --_.CL-��1���►..C. �/Z../t�r�1-*ten -2- 58 fGREENLEAF / TELESCA PLANNERS • ENGINEERS- ARCHITECTS, INC. 1451 ©RICKELL AVENUE • MIAMI. FLORIDA 33131 • 305/377-6411 • CABLE GREENINC 16 April 1975 T D b- Mr. Don Meisen, Land Management Specialist Board of Trustees of the Internal Improvement Trust Fund n Elliot Building T O Tallahassee, Florida 32304 r N Re: Miami Beach Marina -Land Application_ - Joh No. 3;32.00 r; N T.I.I.T.F. Permit No. 13-39-1462 Mr. Meisen, the City of Miami Beach hereby makes application for the dedication of sovereign land as provided for in Chapter 18 of the Florida Statutes. For the purposes of this application we are attaching the following items to accord with those listed in paragraph 18-2.001 of said Chapter: Item 1. Copy, City of Miami Beach Resolution No. 74-14360. Item 2. List of names and address of riparian uplands within 1000 feet of parcel sought. Item 3. Survey data (26 copies). Item 4. Evidence of title to riparian upland. Item 6. Not applicable. Item 7. Biological Survey Report by Department of Natural Resources. Item 8. Location map. Thank you for your assistance. We would appreciate early consideration of this application. Gerar�A. C wford P Project Engineer GAC:ih Encls. cc: Frank Spence Ron J. Falkey 59 M r M M 9 1 M ® MM r M M M JAMCS ELLIOTT MESSEIV IIODEIIT M. RHODES. P. A. CASS D. VICKERS, P. A. DOMINIC M. CAPARELLO. P. A. MITCHELL D. HAIGLER. P. A. JOHN M. FRENCH, in. JOHN C. LOVETT M. MICHAEL MADSEN RODENT S. GOLDMAN TERRY E. LEWIS LAW OFFICES 1,1ESSER, RHODES & VICKERS A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS SUITE 701, LEWIS STATE BANK BUILDING POST OFFICE BOX 1670 TALLAVASSEL, FLORIDA 32302-187G TELEPHONE (004) 222-0720 July 15, 1982 Lucia Allen, Esquire City Attorney, City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Miami Beach Marina License Dear Lucia: JAMCS C. NAUSCA RODENT SCOTT CO* ANNC LONGMAN CHERYL L. GENTRY As requested, I am enclosing a copy of the license to be granted to the licensee for operation of the Miami Beach marina. (Attachment #1) Additionally, should your files not contain the ori- ginal license, I am including that license along with the DER construction permit for the project (which is referenced on both the new and the old license) and a copy of the pertinent portion of the Trustees of the Internal Improvement Trust Fund minutes of June 18, 1974 approving the license. (Attach- ment #2) You may find this information helpful in comparing the two instruments. In discussing the procedure for transferring the license to MBRA, Dan Penton, Administrator, Operations Section, Bureau of State Lands, states that it is unnecessary for the City of Miami Beach to execute the new license. Under the circumstances, all the city need do is execute the assignment of the license and have MBRA execute the assumption. I will be happy to hand deliver the executed instruments to Mr. Penton. His section will then prepare the license instrument for execu- tion by MBRA and the individual members of the Trustees of the Internal Improvement Trust Fund. I trust this information is sufficient for your pur- poses. If I can be of further service, please let me know. Sincerely, TEL/csr Terry E. Lewis Enclosures cc: Murray H. Dubbin, Esquire t --- Mr. Gideon Kellerman GO M M M = ® M = M = M M M STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND STATE MARINA AND COMMERCIAL DOCK FACILITY LICENSE No. ML -13-39-1462 (Modified) Expiration Date June 18, 1982 THIS LICENSE issued to CITY OF :MIAMI BEACH pursuant to action on June 18, 1974, as amended on June 16, 1981, by the State of Florida Board of Trustees of the Internal Improvement Trust Fund, hereinafter referred to as the Board and the CITY OF MIAMI BEACH hereinafter referred to as Licensee. WITNESSETH: That for and in consideration of payment of the annual fee hereinafter provided for, and the other terms and conditions stated herein, the Board does hereby license and permit said Licensee to construct, install and operate exclusively a marina and commercial dock facility upon sovereignty lands more particularly described as follows: A portion of land lying West of and adjacent to Block 111 of OCEAN BEACH, FLA. ADDITION NO. 3 according to the Plat thereof as recorded in Plat Book 2, at Page 81 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 1350.00 feet, more or less, to a point on the East line of Block 90 of.aforementioned Plat; thence run -S 00030'00" E along the East line of Blocks 90, 89, 88, 87, 86, 85, 84, 83, 82, 81, 80, 79, and a portion of Block 111, and along their extensions for 5207 feet to the Southeast corner of Lot 1, Block 111 of said Subdivision; thence run S 89°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 Tract of land hereinafter described; thence run N 32°00'00" W, 300 feet west of and parallel to the Westerly Right of Way line of Alton Road for 2160.00 feet to a point, thence run N 25°37'26" W for 335.62 to the Northwesterly corner of a Lot designated 50-C on Sheet 8 of City of Miami Beach drawing of aforementioned Plat; thence run S 58000'00" 11 at right angles to said Alton Road for 600.35 feet to a point; thence run S 32000100" E for 1254.00 feet to a point; thence run S 58000'00" W for 150.00 feet to a point; thence run S 32°00'00" E for 500.00 feet to a point; thence run N 58°00100" E for 150.00 feet to a point; thence run S 32000100" E for 772.00 feet to a point; thence run S 67°36'06" E for 400.38 feet to a point; thence run N 58000100" E for 330 feet, more or less to other land of the City of Miami Beach; thence run N 32°00'00" W for 358 feet, more or less, by other land of the City of Miami Beach to the Point of Beginning; containing 1,642,970 square fees (37.72 acres), more or less. SEE CONSTRUCTION PERMIT FOR STIPULATIONS AND SECTION ONE OF LICENSE. 1/21/74 ATTACHMENT #1 6.1 r m i m rte_m rim= m r m m m m TO HAVE THE USE OF the herein described premises for a period of one year from June 16, 1981; the effective date of this License. The terms and conditions on and for which this License is granted are as follows: Section 1. As consideration for License to use state lands, the Licensee agrees to pay to the Board the greater of $100 or $0.02 per square foot of sovereignty lands occupied as hereinbefore described, conditioned upon Licensee's faithful performance of the terms upon which this License is given. Fee waived with the requirement that the marina facilities be available .for use by all local and state citizen on a first priority use basis, and upon renewal in 1985, the licensee shall commence payment of the then applicable rental fees, which shall be subordinated to the then existing bonded indebtedness. Section 2. The Licensee in accepting this License does hereby agree that no claim of title. or interest to said lands hereinbefore described shall be made by reason of the occupancy or use thereof; that all title and interest to said land hereinbefore described is vested in said Board. Section 3. The License granted to the named Licensee shall not be transferred, without prior consent of the Board. Section 4. The Licensee agrees that upon expiration of this License, unless renewed, all permission granted to use, occupy and operate a marina or commercial dock facility upon the hereinbefore described lands shall cease and terminate. Section 5. This License shall be renewable annually if the Licensee has complied with all the terms and conditions of this License, including payment of the annual license fee. The License fee for renewal shall be no less than the original fee. The Board shall not increase the License fee by more than 10% in any one renewal term. Section 6. The Licensee shall be allowed a 90 -day grace period after expiration of this License to renew the License. If.the Licensee fails to renew within the grace period, he shall vacate the licensed premises and remove all structures and equipment occupying and.erected thereon at his expense. Section 7. If the Licensee declines or fails to remove said structures and equipment occupying and erected upon the licensed premises, within 90 days after expiration of this License, such structures and equipment will be deemed forfeited by the Licensee, and may be removed and sold by the Board after 10 days' written notice by certified mail addressed to the Licensee. Section 8. Any costs incurred by the Board in removal of said structures and equipment shall be paid for from the proceeds of sale of such structures and equipment. If funds derived from sale of structures and equipment are insufficient to pay costs of removal, the Board shall have, and is hereby granted a lien upon the interest of the Licensee in the upland enforceable in summary pro- ceedings as by Law provided. Section 9. The Licensee shall hold and save the Board, its representatives and designated agents harmless from all liabilities, claims and demands whatsoever arising from the installation, occupation and operation of the licensed facility. Section 10. No License is given to use or occupy the licensed premises for any purpose other than herein specified, nor Page 2 of State Marina and Commercial Dock Facility License No. ML -13-39-1462 (Modified,) : to permit the sante or any part thereof to be used or occupied for any purpose or business other than herein specified, nor to knowingly permit or suffer any nui- sances or illegal operations of any kind on the licensed premises. Section 11. The Licensee agrees to maintain the licensed premises in good condition ke^ping the structures and equipment located therein in a good state of repair in the interest.- of nterest:of public health and safety. Section 12. No failure, or successive failures, on the hart of th( Board to enforce any provision, nor any waiver or succes- sive waivers on its part of any provision herein, shall operate as a discharce thereof or render the same inopera- tive or impair the right of the Board to enforce the same upon any renewal hereof or in event of subsequent breach or breaches. Section 13. The Licensee accepts the provisions and conditions herein and if the Licensee fails or refuses to comply with said provisions and conditions, this License may be revoked by the Board, upon thirty dos' notice in writing to the Licensee and an opportunity for hearing thereon is afforded. IN WITNESS WHEREOF, the mccmbe:-s of the State of I'lorida Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribe( their names and have caused the official seal of said State of Florida Board of Trustoes of the Tntcrrial. improvcmcnt '('rust Fund to be hereunto affixed, in the City of :"lor ida, on this the _____ __day of , A.D. 19 (SEAL) STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FU14D ACCEPTED this day of19---- Governor Secretary of State Attorney General Co^iptrol ler rcr----- Co-runissioner of Education CITY OF `IIA14I BEACH LICENSEE Commissioner of Agriculture By As and Constituting the State of Floris Name and Title Board of 'Trustees of the Internal Impr( ment Trust Fund ATTEST: (corporate Scat) Paye 3 of State Marina and Commercial Dock Facility License 63 No. ML -13-39-1462 (Modified) � M M M STATE OF FLORIDA BOARD OF TRUSTEES OT THE INTERNAL IMPROVEMENT "TRUST FUND STATE MARINA AND COMMERCIAL DOCK FACILITY LICENSE No. ML -13-39-1462 Expiration Date June 18, 1975 THIS LICENSE issued to CITY OF MIAMI BEACH pursuant to action on June 18, 1974 , by the State of Florida Board of Trustees of the Internal' Improvement Trust Fund, hereinafter referred to as the Board and CITY OF MIAMI BEACH hereinafter referred to as Licensee. WITNESSETH: That for and in consideration of payment of the annual fee hereinafter provided for, and thS other terms and conditions stated herein, the Board does hereby license and permit said Licensee to construct, install and .operate exclusively a marina and commercial dock facility upon sovereignty lands more particularly described as follows: A portion of land lying West of and adjacent -to Block 111 of OCEAN BEACH, FLA. ADDITION- NO. 3 accroding to the Plat thereof as recorded in Plat Book 2, at Page 81 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 1350.00 feet, more or less, to a point on the East line of Block 90 of -aforementioned Plat; thence run S 00030100" E along the East line of Blocks 90, 89, 88, 87,* 86, 85, 84, 83', 82, 81, 80, 79 and a portion of Block ill, and along their extensions' for 5207 feet to the Southeast corner of Lot 1, Block 111 of said Subdivision; thence run S 89°05100" Il 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 Tract of land hereinafter described; thence run N 3200010011 W, 300 feet west of and parallel to the Westerly Right of Way line of Alton Road for 2160.00 feet to a point, thence run N 25°37126" W for 335.62 to the Northwesterly corner of a Lot designated 50-C on Sheet 8 of City of Miami Beach drawing of aforementioned Plat; thence run S 58°00'00" W at right angles to said Alton Road for 600.35 feet to a point; thence run S 32000100" E for 1254.00 feet to a point; thence run S 58°00'00"'W for 150.00 feet to a point; thence run S 32°00100" E for S00.00 feet to a point; thence run N 58000100" E for 150.00 feet to a point; thence run S 32°00100" E for 772.00 feet to a point; thence run S 67°36'06" E for 400.38 feet to a point; thence run N 58°00'00"'E for 330 feet, more or less to other land of the City of Miami Beach; thence run N 32 00100" W for 358 feet, more or less, by other land of. the City of Miami Beach to the Point of Beginning; containing '1,642,970 sq. ft. ( 37.72 acres) , more or less. SEE CONSTRUCTION PERMIT FOR STIPULATIONS AND SECTION ONE OF LICENSE.. 1/21%74 64 ATTAcTIMEtNT # 2 it it ,, r � r o rr• v r >, lit r i� � Z - U • 1 TO HAVE THE USE OF the herein desc_ibed premises for"a period of Ione year from June 18, 1974 , the effective date of this j License. The terms and condition's- on and for' which this License is granted are as follows: Section 1. As consideration for License to usestate lands, the Licensee agrees to pay to the Board the greLter of $100 _ or $0.02 per square foot of sovereignty lands occupied - as hereinbefore described, conditioned upon Licensee's faithful performance of the terms _upon which this License is given. Fee waived with the requirement that the marina facilities be available for use by all local and .state citizens on a first priority 'use basis. Section- 2. The Licensee in accepting this License does hereby agree that no claim of title or interest to said lands hereinbefore described shall be made by reason of the occupancy or use thereof; ;that all title and interest to said land hereinbefore described is vested in said Board. Section 3. The License granted to the named Licensee shall not be transferred, without prior consent of the Board. Section 4. The Licensee agrees that upon expiration of this License, unless renewed, all permission granted to use, occupy and operate a marina or commercial dock facility upon the hereinbefore described 1"ands shall cease and terminate. Section S. This License shall be renewable annually if the Licensee has complied with all the terms and conditions of this License, including payment of the annual license fee. The License .fee for renewal shall be no less than the original fee. The Board shall not increase the. License fee by more than -10% in any 'one renewal term. Soction 6. The Licensee shall be allowed a 90 -day grace period After expiration of this License to renew the License. If the Licensee fails to renew within the grace period, he shall vacate the licensed premises and remove all structures an -d equipment occupying and erected thereon at his expense. Soction 7. If the Licensee declines or fails to remove said structures and equipment occupying and erected upon the licensed premises, within 90 days after expiration of this License, such structures and equipment will be deemed forfeited by the Licensee, and may be removed and sold by the Board after 10.days' written notice by certified mail addressed to the Licensee. Soction 8. Any costs incurred by the Board in removal of said structures and equipment shall be paid for from the proceeds.of sale of such structures and equipment. If funds derived from sale of structures and equipment are insufficient to pay costs of removal, the hoard shall hove, and is hereby granted a lien upon the interest of tho Licensee in the upland enforceable in summary pro- cecdings as by Law provided. Section 9. The Licensee shall hold and save the Board, its rclsrescntatives and designated agents harmless from all liabilities, claims and demands whatsoever arising from the installation, occupation and operation of the licensed facility. Section 10. No License is given to use or occupy the licensed premises for any purpose other than herein specified, nor C� of St+lte Marina tint! Commercial Dock raci i i ty 1.icen e. 65 to permit the same or any part thereof to be used or • occupied for any purpose or business other than herein specified, nor to knowingly permit or suffer any nui- sances or illegal operations of any kind on the licensed premises. { Section 11.�tThfe Licensee agrees to maintain the licensed.premises in good condition keeping the structures and equipment loc"ted thereon in a good state of repair in the interests of public health and safety. Section 12.E No fa'ilure, or successive failures, on the part of the Board 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 Board to enforce the same upon any • renewal hereof or -in event of subsequent breach or breaches. Section 13. The Licensee accepts the provisions and conditions herein and if the Licensee fails or refuses to comply.with. said provisions and conditions, this. License may be revoked by the Board, upon thirty days' notice in writing to t -he Licensee and an opportunityfor hearing thereon is afforded. IN WITNESS WHEREOF, the members of the state of Florida Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their -names and have caused the official seal of said State of Florida Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed, in the City of Tallahassee', Florida, on this the day of A.D. 19 , (SEAL) STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ACCEPTED -this day of 19 CITY -OF MIAMI BEACH LICEi:SEE By L Name and Title I ' ATTEST: (Corporate Seal) Governor -Secretary of State f Attorney General Comptroller Treasurer Commissioner of Education Commissioner of Agriculture As and Constituting the,State of Florida Board of Trustees of the Internal Improvement Trust Fund • 66 ?aEe 3 cf -`'a=c Marinr. and Corr;ivrcir? 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') i1�. 111: � is i� �i:� ]•.: t). .:. :, f 11' t: . •fit: ,1 .. -�.' � C'. 11:..'�t : C'. �::i, , � t;1 ,t:1 :•l: 1! .1'1:.':... 1�1; .C.':1: t.f .: �, 1.1.11':1 l '�': f•, t .. .� 1 1..: 1 •,: :/` ..\'1...['. 1 •1'111'.. :) I.• .:1•t.: 1ii.". . C'i cl:.:tt :: : /':.•.i:1• :1:•.01 Of 1.11'. 11.1 t'1: 11:. Co...a•:,. Ott: 111:•.[:•1:.:1: WIN I' .:: 1... i 1::1 I_ ...i ► ..f? � '] 1 : _ ._..-.. _- 1'..► f::' .__._- -__ -... � �:• ... G7 LO Jr�' •• f1tT.'GA4- LtTT'.�7. 1�'► / ` `•3r "� �.�-'- J.:i.'y'., _ • n17ti•. •fit .���-�WA'r---�� .:_'_'__.._� _ �At�f� •:tat��� . to�rv... rrri�•lE-�...� pad_ =_.�.o ..._.. .. _. • - tit._.� • t lit Roo C0.1c. "Alt- 0 All_- _• _ _ tLT.S.. • MIAMI • B c'CH MAMNA SEC. J PUP 54 - ZANG: 42 ��• j �1 bISU.Yh'E SAYOA�E CO. F, • L. ti '4.► 3� AP?LICA\7: CIiY i ►'::- :.I EE, ' - FRUABED SY:r' .•... i l; i I .. • V R.P.E.' �;�� . • '*• ' ' JAN., 1474 _. ' • - _• Sart-T-2- 0 tit._.� • t lit Roo C0.1c. "Alt- 0 All_- _• _ _ tLT.S.. • MIAMI • B c'CH MAMNA SEC. J PUP 54 - ZANG: 42 ��• j �1 bISU.Yh'E SAYOA�E CO. F, • L. ti '4.► 3� AP?LICA\7: CIiY i ►'::- :.I EE, ' - FRUABED SY:r' .•... i l; i I .. • V R.P.E.' �;�� . • '*• ' ' JAN., 1474 _. ' • - _• Sart-T-2- I - • MM M� __ W rim m! •. M m m STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION PERMIT/ CERTIFICATE NO: 13-39-1462 APPLICANT• Cit: of Miami Beach COUNTY: Dade , y c/o Greenleaf/Telesca TYPE: Construction (Modificati 1451 Brickell Avenue DATE: September 15, 1975 Miami, Florida 33131 This Permit is issued under the provisions of Chapters 253 and 403, Florida Statutes, and regulations of the Department of En- vironmental Regulation. Also, this either certifies, pursuant to Public Law 92-500,. that the project described below and de- limited by the stated stipulations will comply with the appli- cable water quality standards of the.State of Florida, or waives water quality certification when stamped appropriately. The applicant is required to notify the Department of Environ- mental Regulation District/Subdistrict Office before beginning any work covered by this Permit/certificat�Qn • Furthermore, this Permit authorizes the above named applicant, hereafter, called Permittee, to perform the works shown on the sketch at- tached hereto and made a part hereof, more. particularly des- cribed as follows: PERMITTED: To construct 12 finger piers 300 ft. -It by 8 ft. wide, a fuel dock 340 ft. long, a concrete dock 330 feet lone by 10 ft. wide, a bridge 450 ft. long by 24 ft, wide, occupying ,1,642,970 square feet of sovereignty land and creating 432 boatslips. MODIFICATION: To eliminate the concrete dock and the bridge and to construct 490 feet of dock/bridge, 370 feet of breakwater/bridge and 3,262 feet of breakwater. LOCATIONc Government Cut, Biscayne Bay, Miami Beach, Davie County, Section 3, Township 54 South, Range 42' East, in Biscayne Bay -Card Sound Aquatic Preserve A-14. PARTICULAR STIPULATIONS: 1. Water quality within the marina shall be maintained as Class III in accordance with Florida Administrative' Code, Chapter 17-31 and 2. There shall be no edging. GENERAL STIPULATIONS: 1. The proposed work shall be done in the area designated • on the attached map and shall be conducted in compliance with the drawings which are a part of this Permit; t5r_ixx2J1XXs*xtsxr_nt Y�icks�xxR axsrxi��?srxRRz}:�rx��x�x�x���xs��.x��txzxs�xn�xi�.�c��3�cx �cR3lxs�i�clt4tt; �R:,,h Six hkstks �PxP,.zz �x�xscxzx�t 2. Material removed in construction shall be placed upon the adequately diked spoil disposal area or areas designated on said map. 3. Under no circumstances shall the Permittee remove more material than authorized by this Permit without specific approval of the State of Florida Department of Environmental Regulation. 4. .'Phis Permit conveys no title to land or water, and does not constitute authority for the -reclamation of water bottoms un- less herein provided.' 5. Extreme -care shall be exercised to prevent any adverse or undesirable effects from this work in the property of others. This Permit authorizes no invasion of private property or rights in property. 6. This Permit is granted subject to the rights of the United States in navigable water, and shall be subject, further to the rights of the public in boating, bathing, fishing, and other rights for which purposes the waters and submerged land thereunder are held by the State. This Permit does not relieve the Permittee from the requirement of obtaining a permit from the U. S. Army Corps of Engineers nor from necessity of compliance with a1' applicable local laws, ordinances, and zoning or other regulations. ' 7. Permittee, in accepting this Permit covenants and agrees to comply with and abide by the provisions and conditions herein and assumes all responsibility and liability and agrees to save the Stag of Florida Department of Environmental Regulation harmless. from all claims of damage arising out of operations conducted pur- suant to this Permit. VCk on � M M = = © W -WE A U. Permittee, in accepting this Kermit, agrees to allow any duly authorized representative of the Department or duly impowered law-enforcement officer to enter upon the premises associated with the work authorized by this Permit for the pur- pose of ascertaining compliance with the terms of this Permit and the rules and regulations of the Department. This Permit shall become effective upon acceptance by the Permittee and receipt of the executed copy by the State of Florida Department of Environmental Regulation. Upon completion of the work au- thorized by this Permit, the Permittee shall return the Permit Placard to the Department of Environmental Regulation, Division of Environmental Permitting, 2562 Executive Center Circle East, Tallahassee, Florida 32301. 9. The Permit Placard shall be• posted in a conspicuous place on the equipment being used, and the Permit shall be readily available at the project site to all duly constituted law enforcement officers having jurisdiction' and Department of Environmental Regulation representatives. 10. This Permit expires three years after receipt by the applicant of all governmental authorizations, state and federal. The Department may revoke such construction Permit if the.appli- cant fails to use diligence in obtaining such required govern- mental authorization. 11. Permittee, in accepting this Permit, agrees'to cease all work under this Permit upon receipt from the Department- of notice of the filing of an appeal with the Governor and Cabinet pursuant to Section 5(1), Chapter 75-22 (Laws of Florida, 1975). Permittee further agrees not to recommence work under this Permit until final disposition of such appeal has occurred. 12. This Permit/ Certificate is issued in instances where the proposed work will not degrade water quality. 13. Monitoring Required by the Applicant Description Frequency. Turbidity Prior to and during construction Dissolved Oxygen, Total Nitrogen, pH, Temperature.and Total Coliform Group Bacteria using STandard Methods The Permittee is hereby required to notify the Department of Environmental Regulation's District/Subdistrict Office of -the schedule of the project before beginning any work covered by the Permit/ Certification • Determination of the testing sche- dule and locations shall be coordinated with the Department of Environmental Regulation's District/Subdistrict Office. 19. Effluent Limitations - This Permit does not authorize the Permittee to violate any water quality standards as specified in Chapter 17-3, . Florida Administrative Code, including but not limited to: Paragraph 17-3.09, Criteriar Clans III Waters - Recreation -Propagation and Mnnagemont of Fish and wildlife and Paragraph 17-3.05, Suter Cuality Standards) Spocifics. Turbidity shall not exceed fifty (50) Jackson Units as related to standard candle turbidimeter above background. THE PERMITTEE, BY ACCEPTANCE OF THIS PERMIT/ CERTIFICATE, AGREES TO ABIDE BY THE STIPULATIONS AND CONDITIONS CONTAINED HEREIN AND TO PERFORM THE WORK IN STRICT ACCORDANCE WITH THE PLANS AND SPECI- FICATIONS ATTACHED HERETO AND MADE A PART HEREOF. ANY DEVIATION THEREFROM SHALL DE GROUNDS FOR REVOCATION OF THTS PERMIT/ CERTIFICATE Accepted this l day of 19 2 -C --s PERMITTE1B3 Y ' Issued this 1-Ath day of ortnher , 1975 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, JOSEPH W. LANDF.RS, JR., S.i:CRE,TnRY BY: le)�� V 70 I . • S�oPE � SIOPE • PILE G1.P � J_ do 6REkXVJ�TER pht1EL 14'SQ• FILZJ 30=tDti CAP. 185�. PILE 30 -lot! GIMP. VARIES lkg ZQ IG .(0 CHAPTER 16'2.061 ITEM 3 BREAKWATER a BRIDGE CROSS --SECTION Job No. 332.02 =NLEAF/TELESCA - Fcbruory 1975 •n�` Fnnin.. �.. Ar t4 Inr- - ��nv1 4 ^f 4 ti ' „ —•_ %Et�s.. ;.c IxWE Slot: �►. • , , . . , • � SLOP { � '^��' ' �' • '. . �. ..' � •,;•'•',. _' •tor Slag.'••• ''.. � .. rl LE CAF _L.W, EL, DWI ' 14' 50. PILEt f'.30 -TON CAP • II=G' TO IG'•G' CRAPTI`R 18-2.061 • - ITEM* 3 • DOCK -a BRIDGE CROSS --SECTION %FAELBdk Job No. 332,02 Engineers .Architects, Inc. Fcbruory 1975. Sheet 3 of 4 r 72% r rr rr rr r� r. v r� v v rr ri rr � 12' VAIZifbLP- 000C. DECK • t G.0 GAP rl LF- CAP ' i'• 8r 6REAkWATFR PAdSL `. %h4 VARJES - 140 `'Q• • b%'INTT• FL. _ 12.0 I vY L�MFKocK ... 90-TOO 7C1�PA` i sY 1 � 1^Ss ElP 4nNC. PILES / CHAPTER 18-2.061 • ITEM 3' BREAKIVATER SEOTION �E11LEAUTELESCA Job l,o. ' 3;2.02 February 1.9%5 • 73 N -,l c.n7WALK ! � H v�+ z cr STA • 31 i 60 n f btEAKrJAttR Ct, STA..OiOs Job L ^ ►— 3!t io b 457.1 LT- m • • • • to r 'U .v m zz . 0 :c rri rn 1n + rn W p C W ry �--'—_ — • ' rn � � � , t) -gyp' •- z • 43 fn ,N 70 Gl CTO • O r� y_ i , Z _ M m • • �' _ m r Q r _ • • .Ot rn •rn• • • Io+O 1 C4 ' • ST Stl�. +o 4, �•■� r r� �■�r � r� r r r r �r DADE COUNTY - Marina License and Construction Permit (• 964 ' (Revised May 28, 1974) �t LOCATION: Section 21, Township 49 South, Range 5 East, 7� Moorings Bay, Naples, Collier County, not in ian aquatic preserve. 2 MATERIAL: No dredging involved in the project. 1►' ; PAYMENT: $100 received as the minimum annual marina license fee covering 4,229 square feet of sovereignty land �2 to be occupied by this facility. i . dock 330 feet long by 10 feet wide, a bridge 450 ECOLOGICAL RESPONSES: i=. square feet of sovereignty land. DEPARTMENT OF NATURAL RESOURCES, Survey and Management - Installa- tion of the finger piers and mooring piles should not have significant direct adverse effects on marine biological resources. Secondary I' 1 adverse effects may result from reduction of light available to f } photosynthetic processes upon which benthic communities depend. �; Bureau of Beaches and Shores - A hydrographic survey will not be F, required. It is improbable that this project would have signifi- cantly adverse hydrographic effects. j Game and Fresh Water Fish Cor:nission - Our Environmental Section Shas reviewed this permit application and offers no objections. DEPARTMENT OF POLLUTION CONTROL - The issuance of this certification }} is based upon a review of the details of the project and a public !. notice of this agency's intent to certify the same. �. Staff recommends issuance of the marina Iicense and construction i t i permit at the minimum annual fee of 5100. • i ACTION OF THE TRUSTEES: - On motion by Mr. Turlington, seconded by Mr. Conner and passed unanimously, the Trustees approved issuance of the marina license ►' , and construction permit to Harbour Cove Developers. 1 must be stipulated, however,.that any future designs for these �r DADE COUNTY - Marina License and Construction Permit (• No. 13-39-1462 ' (Revised May 28, 1974) {{{ APPLICANT: City of Miami Beach t c/o Greenleaf/Telesca Engineers 1451 Brickell Avenue 1►' ; Miami, Florida 33131 PROJECT: To construct 12 finger piers 300 feet long by 8 feet wide, a fuel dock 340 feet long, a concrete dock 330 feet long by 10 feet wide, a bridge 450 feet long by 24 feet wide, occupying 1,642,970 i=. square feet of sovereignty land. LOCATION: Section 3, Township 54 South, Range 42 East, Biscayne Bay, City of Miami Beach, Dade County, not in an aquatic preserve. I' 1 f } MATERIAL: No dredging\or filling involved in the revised �; project. PAYMENT: $50 received as construction permit fee. The appli-. cant requests waiver of annual fee of $32,859.40 covering 1,642,970 square feet of sovereignty land to be occupied by the marina facility. STAFF REMARKS: This item was placed on the May 21st agenda and deferred at the request of the applicant. The installation of 3,700 feet of breakwater to encompass the proposed facility has . been'completely'eliminated under the revised project. ECOLOGICAL RESPONSES: i DEPARTMENT OF NATURAL RESOURCES, Survey and Management - The deletion of the breakwater structures from this proposed project removes one of the major objections of this office and to that extent has made this revised application more acceptable. It ' must be stipulated, however,.that any future designs for these 1 ' t June 18, 1974 t _ �r 965 structures should have the benefit of review by our coastal. engineer. come and Fresh Water Fish Commission - our Environmental Section has reviewed this permit application and offers no objections. DEPARTMENT OF POLLUTION CONTROL - The above -referenced project. as revised to delete the breakwater, will be certified subject to the following stipulations: (1) A favorable biological report. is received from the Department of Natural Resources; (2) Adequate turbidity control measures or devices shall be provided or spoiling will be done on the out _going tide; (3) Water quality shall be maintained as Class III in accordance with FAC Chapter 17-3. water. ouality ueupon ompliace stipulations iand anotification oftion will be sfavorablecactionnby the hTrusteesthe `.e on May The City proovedlResolutionCity-Of NumberMiami 74-14360Beach for construction on May 1, 1974, approved permit. Staff z commgndation issuance of the construction ppermit and marina license with the followinq stipulations: ti) The entire breakwater structure be eliminated from the pproject and any future desigyns for breakwater structures must have }he benefit of review by tF�e Department of Natural Resources' coastal engineer; (2) The annual rtwrinaicense fee of $32,859.40 be Waived with the requirement that t e marina facilities be available for use by a i local and state citizens on a first, priority use basis; (�t Water quality certification as issud by the uenartment of Pollution Control. ACTION OF THE TRUSTEES: 'Mr. Shevin and Mr. Stone commented on this project's complying with the Development of Regional Impact review requirements under Chapter 380, Florida Statutes, and were assured by Mr. Frank•Spence, City Manager of Miami Beach, and Mr. Leonard Weinstein that the city does intend to'comply. Also, in response to :tr. Shevin's reference to the new Biscayne Area Planning Board requirements for public notice, Mr. Wilbur Braydon stated that the city has conducted three public hearings that would satisfy these requirements. On motion by Mr. Shevin, seconded by Mr. Conner and unanimously passed, the recommendations of the staff with the three stipu- lations shown on the agenda were approved as the action of the Board of Trustees. -8- OKALOOSA COUNTY - Marina License and Construction Permit No. 46-30-2084E (Revised March 14, 1973) APPLICANT: Fountainhead Apartments C/o Blondheim, Williams t Chancey, Inc. College Plaza, Panama City,•Florida 32401 PROJECT: To construct a 150 -foot 'T" shaped clock to occupy 7,400 square feet of sovereignty land. LOCATION: Section 15, Township 2 South, Range 24 West, Santa Rosa Sound, Fort Walton Beach, Okaloosa County, not in an aquatic preserve. MATERIAL:• No dredging involved in the project. PAYMENT: $148.80 -received as the annual marina license fee covering 7,400 square feet of sovereignty land to be occupied by the marina facility. - STAFF REMARKS: Field operations Division recommends approval ' of the exemption application. Staff recommends issuance of a marina license and construction permit at the annual fee of $148.80. ACTION OF THE TRUSTEES: On motion by Mr. Conner, seconded by 14r. O`Malley and passed unanimously, the Trustees approved issuance of a marina license and construction permit as recommended. Y. June 18, 1974 • !, r LAW OFFICES DUBBIN, BEBxNiAN, DUMBIN & GREENFIELL A PARTNERSHIP INCLUOING A PROFESSIONAL ASSOCIATION 444 BRICKELL AVENUE MIA 1, FLOi2MA 33131 1000 RIVERGATE PLAZA August 23, 1982 TELEPHONE (305) 373-3606 Mr. Gideon Fellermann and Mr. Rob Parkins Executive Administrator City Manager Miami Beach Redevelopment Agency City of Miami Beach 335 Alton Road 1700 Convention Center Dr. Miami Beach, FL 33139 Miami Beach, FL 33139 Re: Marina and Sovereign Submerged Lands Lease Fee Policies Dear Gideon and Rob: I am enclosing a copy of the Marina and Sovereign Submerged Lands Lease Fee Policies proposal, which will be submitted on behalf of the City of Miami Beach and the Miami Beach Redevelopment Agency by Terry Lewis. Please read this as soon as possible and, due to the shortness of time, convey directly to Terry your comments on the proposal. His address is: Terry E. Lewis, Esq. Messer, Rhodes & Vickers Post Office Box 1876 Tallahassee, FL 32302-1876 Please send a copy of your comments to me. Sincerely yours, JBBIN MHD:pc Enclosures cc: Terry Lewis, Esq. M Ps MARINA AND SOVEREIGN SUBMERGED LANDS LEASE FEE POLICY I. Background facts on marinas and water related activities. A. Currently nearly 500,000 recreational vessels and another 30-40,000 commercial and industrial vessels are regis- tered in the State of Florida. (DNR statistics through 1981) B. The rate of recreational and commercial vessel regis- tration increase between 1977 and 1981 has averaged 20,000 new vessels annually. C. Currently, Florida boasts one registered vessel per 20 people -:(one boat for approximately every five households.) D. According'to Sea Grant studies and the Florida Coastal Zone Management Study, the direct economic benefit of marine recreation to the Florida economy approximates $900,000,000. More than $16,000,000 in sales taxes are collected on sales transfers. E. The committee has been unable to assess economic impact of second and third order commercial transfers associated with marine recreation. However, such efforts should be assumed to be significant. F. Additionally, the committee does not know with any precision the economic benefit of commercial and industrial water dependent activities other than marine recreation. (i.e. commercial fishing and ports related activities.) Nonetheless these activities are also significant. G. DNR and Sea Grant studies indicate rising demand for water access to marine recreation opportunity via marinas. The highest demand is associated with those portions of the coastal zone where rapid urbanization is occurring. H. There is no indication that marina operations are financially any more viable in one geographic sector of the state than another. No evidence has been presented that a marina lease or marina operation is relatively more valuable in South Florida than in North Florida. If.a geographic dis- tinction is made, it is a micro geographical distinction 19M within a given water body. (i.e. it is advantageous to be closer to an inlet or open water than 10 or 15 miles distant.) I. The Department of Natural Resources has no accurate idea of the number of marina and marina type activities that ase -currently not under lease. Specifically the following reasons exist for the lack of knowledge: 1. Several hundred thousand acres of submerged lands are held privately and not subject to lease. 2. Marinas and other related activities constructed prior to 1970 and grandfathered in are not subject to leases and lease fees until 1998. 3. Many public entities are exempt from lease arrange- ments due to past TIITF actions. II. General marina policy for the state. A. Any state -adopted marina and submerged lands policy should apply to the Department of Natural Resources, the Department of Environmental Regulation and any other regulatory agencies at the state level involved in the regulation of marinas. B. The :state, through its regulatory and land management agencies should encourage and give preference to marina -and similar water dependent activities in the issuance of sover- eign land leases and permits for the construction and opera- tions of such activities. C. The state should recognize that due to the environmen- tally sensitive nature of much of Florida's coastline, any proposed water dependent activity is likely to have some negative effect upon adjacent natural environment. The state should recognize this fact and help applicants minimize nega- tive impacts while positively assisting the individual in receiving state approval for his project. D. As part of any public interest test, the state should consider the public benefit to be achieved by marina -type activities. Specifically, public access to state resources for 79 "- rV utilization by greater numbers of the public at large, general recreational opportunity, commercial benefits of first, second and third order to a local economy and direct tax dollar bene- fits to the state should be considered in marina leasing and p.prm5tting. E. Due to the public benefit associated with marina development and operation, the state should not be in the business of charging all the traffic will bear for marina leases. F. The state should give special consideration to areas of high environmental quality in marina leasing and permitting. However, -such consideration should be conducted on a case-by- case basis rather than stating that all aquatic preserves, outstanding Florida waters or Class II shellfish waters are deserving of highest protection. State policy should clearly state that, provided a specific area to be impacted is of moderate to low value or impacts can be minimized to the point where public benefits outweigh environmental detriment, the project should be approved. III. Types of marinas. Based upon DNR and Sea Grant study and analysis, there is considerable demand for more marinas. This is particularly so in rapidly developing, urbanized portions of Florida's coastal zone., However, there is no current information clearly indi- cating the level of demand. And, no one seems to know pre- cisely what types marina will be most utilitarian. It is clear that 95% or more of Florida's boats are less than 26 feet in length. It is, therefore, recommended that DNR and Sea Grant cooperate in determining these specific needs over the next year. IV. Marina location. A. It should be state policy to encourage enhancement and expansion of existing facilities wherever possible. M B. New marina location is tied to demand and private entrepreneurial development. Hence, it is difficult to say where new marinas should be. However, the state should encourage: 1. marinas as.close as possible to any identified population demand center, 2. marina development where adequate uplands are available to develop related economic support activities and allow for possible future expansion, 3. avoidance of highly productive habitat to the extent possible (i.e. avoidance of dredge and fill and con- struction in extensive -marine grass beds, functioning marsh, mangrove and other productive habitat systems), 4. minimization of destruction of tidelands habitat through piling construction and other non dredge and fill technique where possible, 5. marina location near deep water to minimize dredge and fill, 6. marina location near well flushed water bodies, 7.' installation at all marinas of state of the art sanitation and pollution prevention and spill containment measures to maintain water dependent facilities. V. Marina policy for aquatic preserves. There should be no specific different policy for aquatic preserves. It should be noted that all aquatic preserves are currently regulated by DNR and DER per rules 16Q-18 (Biscayne Bay Aquatic Preserve Rules), 16Q-20 (Florida. Aquatic Preserves) and 17-3 and 17-4, Florida Administrative Code (Designation of all aquatic preserves as outstanding Florida waters and regu- lating them more stringently than other water bodies_) Any further protection is superfluous. VI. Submerged lands lease fees. A.• Because so much submerged land available for water dependent activities is either completely exempt (because privately owned) from lease fees or grandfathered until 1998, lease fees as currently structured should be eliminated. Basically, the non-exempt marina operator is supporting the sovereign lands management program in its entirety while his -.exempt counterparts and vessel owners and operators escape completely. B. It is recommended that: 1. A nominal lease fee should be prescribed for all marinas and similar water dependent activities that utilize state lands or waters. 2. The fee should be predicated on DNR staff costs necessary to process, and- administer lease or license instru- ments for the entire state. (Such a program will immediately bring all activities located on sovereign lands or in sover- eign overeign waters into view for the first time in Florida's history. Currently, no one knows exactly what kind of water dependent activities exist statewide.) 3. In addition to a nominal lease fee, one dollar from each boat registration fee collected shouted be earmarked for state lands management. [This fee alone will double the current state lands management budget. Currently, section 327.25, Florida Statutes, (the boat licensing statute for Florida) mandates thatfunds collected through boat registra- tion must be used fora variety of programs including quality control programs. State lands management appears to be a quality control program. By allocating the cost of state lands management among all land based operators and motorboat owners and operators, a f air and equitable arrangement can be arrived at for management of state lands. -Additionally, the lands management budget will be adjusted annually through legislative appropriation proceedings to reflect rising or declining costs of state land management.] _ C. There is nb apparent rationale for a geographical differential of submerged land lease fees. Any geographic 82; differential is tied to micxo geographical location, not regional differentials. Hence, the idea of a geographically differentiated lease fee should be abandoned. � 8y ,M mom s �= r A CEO NOS 8199 HAND DELIVERY. November 7, 1979 MEMORANDUM To: Steve Siskind From: Murray Dubbin Enclosed is the State Marina and Commercial Dock Facility License, State Construction Permit, DER Permit and related attachments relative to the Marina submerged lands. Also attached is a photocopy of the Staff Report and report of Cabinet action on the marina. �M1H'(11 erg 7 Attachments Duy3mN, SCHIFF, BERKMAN & DUBBIN '9� Win: �a ra � a �■r as �a 964 LOCATION: Section 21, Township 49 South, Range 5 East, Moorings Bay, Naples, Collier County, not in Of an aquatic preserve. ! MATERIAL: No dredging involved in the project. PAYMENTs $100 received as the minimum annual marina license fee covering 4,229 square feet of sovereignty land to be occupied by this facility. - M ECOLOGICAL RESPONSES: DEPART14ENT OF NATURAL RESOURCES, Survey and Management - Installa- tion of the finger piers and mooring piles should not have significant direct adverse effects on marine biological resources. Secondary adverse effects may result from reduction of light available to photosynthetic processes upon which benthic communities depend. Bureau of Beaches and Shores - A hydrographic survey will not be required. It is improbable that this project would have signifi- cantly adverse hydrographic effects. Gane and Fresh Water Fish Commission - Our Environmental Section has reviewed this permit application and offers no objections. DEPARTMENT OF POLLUTION CONTROL - The issuance of this certification is based upon a review of the details of the project and a public notice of this agency's intent to certify the same. Staff recommends issuance of the marina license and construction permit at the minimum annual fee of $100. ACTION OF THE TRUSTEES: On motion by fir. Turlington, seconded by Mr. Conner and passed unanimously, the Trustees approved issuance of the marina license and construction permit to Harbour Cove Developers. -7- DADE COUNTY - Marina License and Construction Permit No. 13-39-1462 (Revised May 28, 1974) APPLICANT: City of -Miami Beach c/o Greenleaf/Telesca Engineers 1451 Brickell Avenue t•iiami, Florida 33131 PROJECT: To construct 12 finger piers 300 feet lona by B feet wide, a fuel dock 340 feet long, a concrete dock 330 feet long by 10 feet wide, a bridge 450 feet long by 24 feet wide, occupying 1,642,970. square feet of sovereignty 1'and. LOCATION:. Section 3, -Township 54 South, Range 42 East, Biscayne Bay, City of Miami Beach, Dade County, not in an aquatic preserve. MATERIAL: No dredging' or filling involved in the revised project. PAYMENT: $50 received as construction permit fee. The appli- cant requests waiver of annual fee of $32,859.40 covering 1,642,970 square feet of sovereianty land to be occupied by the marina facility. STAFF REMARKS: This item was placed on the May 21st agenda and deferred at the request of the applicant. The i:istallation of 3,700 feet of breakwater to encompass the proposed facility has been'completely'eliminated under the revised project. ECOLOGICAL RESPONSES: DerAR174ENT OF NATURAL RESOURCES, Survey and Management - The deletion of the breakwater structures from this proposed project removes one of the major objections of this office and to that extent has made this revised application more acceptable. It must be stipulated, however, that any future designs for these June 18, 1974 M • r r +, 9b5 I ; structures should nave the benefit of review by our coastal a enVineer. fresh Water Fish Commission - Our Environmental Section i came and has reviewed this permit application and offers no objections. DEPARTMENT OF POLLUTION CONTROL - The above -referenced project, as revised to delete the breakwater, will be certified subject ; to the following stipulations: (1) A favorable biological report._' is received from the Department of }tatural Resources; (2) Adequate spoiling i turbidity control measures or devices shall be provided or Water shall be will be done on the out -going tide; (3) quality III in accordance with FAC Chapter 17-3. Water maintained as Class Quality Certification will be issued upon compliance with the above stipulations and notification of favorable action by the Trustees. + OTHERS: The City Council of the City of Miami Beach at its meeting �( on May 1, 1974, approved Resolution Number 74-14360 for construction permit. Staff recommendation issuance of the constructionppermit and i marina license with the following stipulations: !1) The entire future eakwater structure be eliminated from the project and any the benefit of review tsiyns for breakwater structures must have Resources' coastal engineer; 12y bthe Depamrtment of Natural $32,859.40 be waived with .the ; Tyne annual arina license fee of that the marina facilities be available for use bL+ requirement all local and state citizens on a first priority use basis; of (3 Water quality certification as issued by the i)epartment Po�lution Control. ACTION OF THE TRUSTEES: Mr. Shevin and Mr. Stone commented on this project's complying with the Development of Regional Impact review requirements under Chapter 380, Florida Statutes, and were assured by Mr. Frank. Spence, City !tanager of Miami Beach, and Mr. Leonard Weinstein that the city does intend to comply. Also, in response to :ir. Shevin's reference to the new Biscayne Area Planning Board requirements for public notice, Mr. Wilbur Braydon stated that the city has conducted three public hearings that would satisfy these requirements. On notion by Mr. Shevin, seconded by Mr. Conner and unanimously passed, the recommendations of the staff with the three stipu- lations shown on the agenda were approved as the action of the Board of Trustees. -8- OKALOOSA COUNTY - Flaring License and Construction Permit No. 46-30-2084E (Revised 14arch 14, 1973) APPLICANT: Fountainhead Apartments c/o Blondheim, Williams s Chancey, Inc. college Plaza, Panama City, -Florida 32401 PROJECT: To construct a 150 -foot "T" shaped dock to occupy 7,400 square feet of sovereignty land. LOCATION: Section 15, Township 2 South, Range 24 West, Santa Rosa Sound, Fort Walton Beach, Okaloosa County, not in an aquatic preserve. MATERIAL: No dredging involved in the project. PAY14ENT: $148.80 received as the annual marina license fee covering 7,400 square feet of sovereignty land to be occupied by the marina facility. STAFF REMARKS: Field Operations Division recommends approval of the exemption application. Staff recommends issuance of a marina license and construction oerwit at the annual fee of $148.80. ACTION OF THE TRUSTEES: ! On notion by mr. Conner, seconded by Mr. O'Malley and passed � unanimously, the Trustees approved issuance of a marina license and construction permit as recommended. June 18, 1974 i STATE OF FLORIDA BOARD OF TRUSTEES OT THE INTERNAL IMPROVEMENT TRUST FUND STATE MARINA AND COMMERCIAL DOCK FACILITY LICENSE No. ML -13-39-1462 Expiration Date June 18, 1975 TtIIS LICENSE issued to CITY OF MIAMI BEACH pursuant to action on June 18, 1974 , by the State of Florida Board of Trustees of the Intern al' Improvement Trust Fund, hereinafter referred to as the Board and CITE! OF MIAMI BEACH hereinafter referred to as Licensee. WITNESSET11: That for and in consideration of payment of the annual fee hereinafter provided for, and thq other terms and conditions stated herein, the Board does hereby license and permit said Licensee to construct, install and operate exclusively a marina and commercial dock facility upon sovereignty lands more particularly. described as follows: A portion of land lying West of and adjacent - to Block 111 of OCEAN BEACH, FLA. ADDITION- NO. 3 accroding to the Plat thereof as recorded in Plat Book 2, at Page 81 of the Public Records of Dade County, Florida. More particularly described as follows. Conuuence 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 1350.00 feet, more or less, to a point on the East line of Block 90 of -aforementioned Plat; thence run S 00°30'00" E along the East line of Blocks 90, 89, 88, 87, 86, 85, 84, 83, 82, 818 80, 79 and a portion of Block ill, -and along their extensions for 5207 feet to the Southeast corner of Lot 1, Block 111 of . said Subdivision; thence run S 89°05'00" 11 along the South line of said Lot 1, Block ill for 260.00 feet to a point on the East waterline of Biscayne Bay,. said point also being the Point of Beginning of Tract of land hereinafter described; thence run N 32°00'00" W, 300 feet west of and parallel to the. westerly Right -of Way line of Alton Road for 2160.00 feet to a point, thence run N 25°37126" W for 335.62 to the Northwesterly corner of a Lot designated 50-C on Sheet 8 of City of Miami Beach drawing of aforementioned Plat; thence run S 58°00' 00" W at right angles to said Alton Road for 600.35 feet to a point; thence run S 32'00100" E for 1254.00 feet to a point; thence run S 58000'00" W for 150.00 feet to a thenceoint; thence run S 32°00100" E for 500.00 feet to a point; run N 58°00'00" E for 150.00 feet to a point; thence run S 32000'00" E for 772.00 feet to a point; thence run S 67 ° 36' 06" E for 400.38 feet to a point; thence run N 58000'00"' E for 330 feet, more or less to other land of the City of I•liami Beach; thence run N 32' 00' 00" W for 358 feet, more or less, by other land of the City of Miami Beach to the Point of Beginning; containing 1,642,970 sq. ft. (37. 72 acres) , more or less. SEE CONSTRUCTION PERMIT FOR STIPULATIONS AND SECTION OPIE OF LICENSE - 1/21/74 87 li �••� M mom "4= r 2ca ice■ . =1 / TO HAVE THE USE OF the herein described premises for"a•period of ,one year from June 18, 1974 , the effective date, of this License. The terms and conditions on and for' which this License is granted are as follows: Section 1. As consideration for License to use state lands, the Licensee agrees to pay to the Board the greater of $100 _ or $0.02 per square foot of sovereignty lands occupied. - as hereinbefore described, conditioned upon Licensee's faithful performance of the terms upon which this License is given. Fee waived with the requirement that the marina facilities be available for use by all local and state citizens on a first priority use basis. Section - Section 3. The License granted to the named Licensee shall not be transferred, without prior consent of the Board. Section 4. The Licensee agrees that upon expiration of this License, unless renewed, all permission granted to use, occupy and operate a marina or commercial dock facility upon the hereinbefore described lands shall cease and terminate. Section S. This License shall be renewable annually if the Licensee has complied with all the terms and conditions of this License, including payment of the annual license fee. The License .fee for renewal shall be no less than the original fee. The Board shall not increase the License fee by more than 10% in any one renewal term. Soctio» 6. The Licensee shall be allowed a 90 -day grace period After expiration of this License to renew the License. If the Licensee fails to renew within the grace period, he shall vacate the licensed premises and remove all structures an•d equipment occupying and erected thereon at his expense. Soction 7. If the Licensee declines or fails to remove said structures and equipment occupying and erected upon the licensed premises, within 90 days after expiration of this License, such structures and equipment will be deemed forfeited by the Licensee, and may be removed and sold by the Board after 10 days' written notice by certified mail addressed to t -he Licensee. Section 8. Any costs incurred by the Board in removal of said structures and equipment shall be paid for from the proceeds of sale of such structures and equipment. If funds derived from sale of structures and equipment are insufficient to pay costs of removal, the Board shall hove, and is hereby granted a lien upon the interest of tho Licensee in the upland enforceable in summary pro- ceedings as by Law provided. • Soctlon 9. The Licensee shall hold and save the Board, its rcl)rescntat Ives and designated agents harml ess from all IlabiIitie-s, claims and demands whatsoever arising from the installation, occupation and operation of the licensed fnciIity. Section 10. No License is given to use or occupy the licensed premises for any purpose other than herein specified, nor too 2 of St,itr Marina and Commercial Dock Faci 1 ity License © M � � 9 •.Nw M 9 3 to permit the same or any part thereof to be used or. occupied for any purpose or business other than herein specified, nor to knowingly permit or suffer any nui- sances or illegal operations of an,y kind on the licensed premises, Section' 11.E ' Thr, Licensee agrees to maintain the licensed .premises in good condition keeping the structures and equipment loc,,ted thereon in a good state of repair in the interests of public health and safety. Section 12.' No failure, or successive failures, on the part of the Board 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 Board to.enforce the same upon any renewal hereof or in event of subsequent breach or breaches. Section 13.The Licensee accepts the provisions and- conditions herein and if the Licensee fails or refuses to comply.with said provisions and conditions, this. License may be revoked by the Board, upon thirty days' notice in writing to t -he Licensee and an opportunityfor hearing thereon is afforded. IN.WITNESS WHEREOF, the members of the state of Florida Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their names and have caused the official seal of said State of Florida Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed, in the City*of Tallahassee', Florida, on this the day of , A. D. 19 (SEAL) STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ACCEPTED this day of 19 CITY •OF MIAMI BEACH LICENSEE By Name and Title ATTEST: (CorporateSeal) Governor Secretary of State Attorney General Comptroller Treasurer Commissioner of Education Commissioner of Agriculture As and Constituting the, State of Florida Board of Trustees of the Internal Improvement Trust Fund • ) CP -13. 39--14b2 Ju_r.z_ 25, 1974 • � - •.r �.:' a: 11'1.' 11::::( i , •• (1.1- nr. .. ` .. , '. :tll:•li:'i!1 (•� (�:S,1.S. )'1"�`, •`''-1\':1��::,.1':1':'' \'l'•:, )li:':1i1..,, .:: : , ., :.. ..... • .'1 .' ,.•.♦ :1 - �. .t� .:1f1 U;•,:1:) .:I: ':(.1'a!i •..�tf 1:'i,.t� t I a• a •,.,i, f..l'lll: i..: (\tl':'..'..'; 1:::[: C:C ):1 Cllr: Ir':\•'�:, '::... \�:.:t: ' li • 1,' fc-.11i • !'� )1.:•11 \rii'"!' lllj,: '.'Y'':st. •1.^li )�::� ::�ii)i-� l'„�'C.1:.. - • 1'.i i•':t 1''' C''I a ^;) •1'1'll'•i 1'41:11. • :i :��) (•• '; 111;t1L'.► (Ji Ilia. t:�('1':1't1 `.I:i):tl`, :11• 01, 1. '1'c) 1..; �•!•;,:.�,..:�,,.':1.): (l'tC: �•.: t;�':! (:- )i'':..t..•1 1::1;) v CITY _ OF.. XIAMI_ BEACH • c/o Greenleaf /Telesca Engi)qee.r_rs_____�..__�.__._-------- 1451_Br_ickel1 Av-enye.,. j4iami_,._.F1orida-- 3_313l --____1_- A 3131.--_ -'-- ---- /� r • A Piers -Docks -- 1'r.;•:;c --- _ -- -- C. �;I^.SS U, jl::•j iC': Sat: :a:l:'(:: `,:::•. ).1:i, o::.r.r.:) (,::.::. ).:: . a:. t:' ) �.�� ?)J t,i �; , -:1'r ••\r (•C:C�:...fv:•�.,)'1 1-'J ia'..:....1,.. (' _... j)�l1':tiC (?�,::�' h:'.^. :l S //• Gf ).,✓.a, , 1, a1 Il ( • •:•y: , ll^ ��' i,!l� ,�' '.1 •1:.,:11{1(1. fo ,:.a;/' Ji:•. Vii, 1,. .-•.h.,\r it P• :111j 00-w-. %,:a l \;'Ctlt):1 I.C'C:1:$::1 1(•r':i .^: v6:1S a C,-)11.. v6:1 for r,!clil,:: r c . (; i�±1li:at.i 1 .. Public Marina • -.- ----- -'-- ---- - - -- D. 3 s?lih 54-5 ._. I{a:':>� - CountyDade- - =- -- '- - - ,,,,1 „/• G,1 n,`\rj•);,L) LIPU:� 'iil)? I�(7T..71U�'.i);: GG►•::'.••:'f1U;'�: •1 1^ ;;l:i (JT 11\�•,Il:i: i• 1.: Lli',:GII PC; C:11C. '••:IC C'i c %�. .• ..ai 7:. filToUi.i(17) tt( 1:':11'{1; [•l .•i: ., JZ 'II:is ps:rrl`i. c.. 1..� 1a•:;� c r •' '•:Ui?.�: 1 11)141::1 {.ills �Ui1CiiC!1 \:lt., il:e )::C,..1) %L•�:. •-. •. wn. • .' • ir;. �uC ri J' tll? f;cnc,:t? hutJ'•:_ dP'lr C. `: rlli:►c:: c?,. ii 1st )::1 \: �. the 81'C:1 (fili!.Jlli: C,! a:►t :.i:),: t(![: ii�::l:' li,�y,: \C:. lala•� \ t:lllf...:ft. ... L= C.-notC.-not .. .. III t •• •' ,: � �., :CU.ta'.'L' Cl' tiles : i7:1:� \'//l :1 1•,(:':: Si: - ,� r . - • ,.: •1.:•i 11: n:c.a..;l.• .� J.l;�a: 1't:1. tai •rc•-•.. =t 11:111!1:1 ��:):!l,l l•. l.i..:i.: C=i t: •• la:i _' r , 1 •; OOz �•.t t• , .' �tYSL:.; U: !J-- ✓7 1 I :ICilt'.t',L't )�1'i\�t :�i ja:.:tllal:.{�.~i l•'L).%.C`-i . • �. � • [ 1'.a.11e1 E •I : :.:1 :.I:: ,I) :; i;r• r:::��::a'r: It rs :: \::' : ; cl: 1115 ^il., ',i i:.` . 111.11 UC't�lf. l r )rl: Of III:. .. • ' •+ _,,. 'lll ). ;('1' � C'r 1•-•):::il jIL':.l t�:� ��..•. .•tii)• C. 'Ir^ )•I:lr it.l " 1 •' ..t •� I::�: 1111 I:,.:,'i -•., 1h. •.f1: �1: ; (:C t.l' .1.. ' r C'Jll.ti l:t::f is \':,.,t . '1 l: ai.•: I(,:".• , ' I)^ C• i''I,f: a \ ;t'r:l 3._}'r. s . l'.:1:. c:� ;':, c;\.:1 l.• 1. . ..... C. Ole of.. i l 1:, 'i[.: ,:�.: )i'): llt l`, 'rill.:.• n. ll. t•:(: )1::� , 1 �• . .�\: t' .. '•i (' ll: 'l .'C. f . . .: i;l C'a•l' )�.Il:l,i. t' :.. '.I. [. :' ... ?1<, '�'i• ltl: � .: i; ;lit ).'a :t:. :, t'1' ... ..\ � t • \.:�, � .. .. r [' ., ' VW .,,•1;11 ( a 't - r.( 04 : t,.i: r•, u:.. t r. • a • . 017 0 • 1 J 90 A, 1:�;.ttio:+ (!mitt :+ctJy of ' 'a� ►ntl Five ��•..,1 tlt-.cJiptiott of applic. r.ts opi:,tc, inc]u(ling :.tuuu, to'....;wn, .n ' t:►ngc; if it, hlatlt•d sa,h::vision, cite name :lad p!acc c11 �cc.orc:, n►tnd :.►it copy 'of ."►lxlistirJon Y•.a) L. 1'%%o prints of tnnp 6" x 10:'," i.t si»: shoo cog` . 1. altlnrot.itncloc atc sh .cenc t,"at.30 feet cae', sil: A p1:::,nt's upland bouuclarics and waterfrcmt nphroxim ks, niers ctc. :.lclocationof all c.xistitnp:.m Lnca:ian of P= o osed strnctures. Stntctures should extend at rlsP.ozi► fete richt anFlc; to the gin:cal cop p figura.ion of tile shoreline re:: Lc loo=•t' in the middle one-t=hi:d of the nhpiicant's watcriront;• d Civ a 11 3. Cons�rucGnn rlars of structure (For commercial (IoO,-. tt ncntt,b ttticc chty ot,00u ly cnZ�ir C— totheC..0 cnfiiuecr or architect Host be : iiixcd to r,lans, or u Y that phis have bccn rcvicwed as to stntctural design rnd he find's such to he based on sound tar... Trin, practices). All sbruchtres nuthoriztd under this permit must be supported by open t:esdc or pa,am must not inclUdc solid fill or solid f:.cc con b-uctir.:1. Solid ftU structures (Groins, rcvctmcnts, ntoic.l ar under the jurisdiction o; the Dcpnrtuneot of 14atural Ilescntrccs, Bureau of Beaches sud Shores,.]. Lj%vi Larson Bible! ng, T.dlaltassee. Florida 3:301. C. Nnnics and cddresscs of rcljaining waterfront upland m,-iicrs M01 1 a'��sjn ct o l�jf clitto Icon ''rtt a:n they have reviewed tl.c p.. --ns and have no objections .to the p not be ubtnined, applic^ut must provide an explanation. Review of objections and final decision vriil Le niaci by Cie State of Florida hoard of Trustees of the Internal Improvement Tn>_:t Fund. X25 • D. Processing fec: $100 for comme::lal; for private. E. 1f -Ipplication is being made by agent for applicant, letter dated ; nd signed by applic::nt authorir_"n;; s-64 agent to act for him. Areas to be to improve navigability requires a separate }renmit. Application for pernnit roost con fain the folh��•ing information: • (a) Nanne and address of applicant; ' (b) Twenty-four prints of reap of project locttioii prepared by a Florida registered land sursclor or cnp nc ter. l.Tap shsU identify location of dredre arca; CAisting depths at me an low water, ciuncusion; of prr po;cxi cut; location or arca where dredge material will be dcp-lAted And present nncan.high :ate 1i•:r. 1- Irnds f g ostbmcrgcd at mean high -i- filling x•:atu may ba da oe toluic ti:i p: croft. Tits tnalr iut��i;1:::3 m: be cg of of map hied r.�tln Utt. U. S. Army Corps of Engmccrs in obtrIning Departnncnt of lamy pr, ted; units if such maps comply %viEh Trustees req.nircmcnts herein me (c) Applicant's sl.•tterrtcnt as to Purpose for dredging; i . (d) Evidence of up)Pnd otmership or other interest in upland riparau to project; (e) Nanncs rand aduresscs of adi-=at upland riparian owners. A bliologiad muvey repcit prcj:=Lrcd by o: under supervision of tl:e Dcpart- r nt o: I'l albla o '010.trc( is icquircd. The cost fv.' tl,: s:uvey is Y1G'3.U3. Citec's in pa)zner,t should be msc'e p::}_�blo to V►.� T)a partment of Natural Resources. (Q SUBJECT TO THE FOLLOWING STIPULATIONS: proect 1) The entire breakwater strucba teakebaterl structuresomustehave] the and any future designs for benefit of review by the Department of Natural Resources' coastal engineer; marina license �2� The annual fee of $32,859.40 be waived with the na facilities be available for use by requirement that the mari all local and state citizens on a first priority use basis; 3) Water quality certification as issued by. the Department of* Pollution Control. 9-1 • r- ' GI l SECT. 'A'*. i f `• Fl '? � o_ r � / _�STA. coo _ LT. • l---- J �%, • , - ' Wo ' 3 • ' •°=•�g SEE c 737 rn CIO Eli rCA ir r •� r • • �; � yob, � / V •a. -•> o..,> •• Z. Z y v n �r ~— - • to}o rn =� : ,, • V \ STI. CL 5.vT11 poc� fn Is N . - / - • 1 '� '••r G.tY1�:+'• •:i.�+c•l:•l••+" �.1•:ttJi'x1�-�::•�.�('.�' .fi! :j!*�]Y�..•+: c!1..1.ir..3::.]2.:-:: ta�•Y..t>..rx..•i :t�`.i�'..Y.'Q•.�-'.�., w:._•- - �.-.._._...__._ - w 92 so .!i •• e•!bT-C j4_ [A•T�'A 'tiT^�'`� -SFT=«ri.,l :•::a•,��Tj.��:�4 =•�•=� :t,1tb.-ION El . J 6.0 - lit 10 MtaMl BEACH MA?!NA SEC. J TV.? 53 — .^1 .NGc 42 w N BISC_f yNE SAY ,DARE CO. FLA • 1: i' AHLICANT: CITY r • - R.P.E. • -JAN., 1974 • - : -.�c t_r-2- 93 ► ..3 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION PERMIT/ CERTIFICATE NO: 13-39-1462 APPLICANT: City of Miami Beach COUNTY: Dade C/o Greenleaf/Telesca TYPE: Construction (Modificati 1451 Brickell Avenue DATE: September 15, 1975 Miami, Florida 33131 This Permit is issued under the provisions of Chapters 253 and 403, Florida Statutes, and regulations of the Department of En- vironmental Regulation. Also, this either certifies, pursuant to Public Law 92-500, that the project described below and de- limited limited by the stated stipulations will comply appli- cable water quality standards of the State of Florida, or waives water quality certification when stamped appropriately. The applicant is required to notify the Department of Environ- mental Regulation District/Subdistrict Office before beginning any work covered by this Permit/certif icattgn Furthermore, scant, hereafter, this Permit authorizes the above named app he works shown on the sketch at - called Permittee, to perform t tacked hereto and made a part hereof, more. particularly des- cribed as -follows: pERl4ITTED: To construct 12 finger piers 300 ft -.1 by S ft. wide, a fuel dock 340 ft. long, a concrete dock 330 feet lon by 10 ft. wide, a bridge 450 ft. long by 24 ft. wide, occupying 1,642,970 square feet of sovereignty land and creating 432 boatslips. MODIFICATIONt To eliminate -the concrete dock and the bridge and to construct 490 feet of dock/bridge, 370 feet of breakwater/bridge and 3,262 feet of breakwater. LOCATION: Government Cut, Biscayne Bay, Miami Beach, Dade County, Seotion 3, Township 54 South, Range 42 East, in Biscayne Bay -Card Sound Aquatic Preserve A-14. PARTICULAR STIPULATIONS: be 1. WaterClass III inYwithin accordanceewithina FloridalAhninigtrative as Class III Code, Chapter 17-31 and 2. There shall be no edging. GEHERAL STIPULATIONS: 1. The proposed work shall be done in the area designated on the attached map and shall be conducted in compliance with the drawings which are a part of this. Permit; t3bL*sxr8=n_-!=xtsxrWMt xR'cX4�x�dR�4tstSx�:t'XxRRR�x�SUc �x.s�xaDcc xicx.��x��1°�.si.�c��gk�AXx 3"c�c �t x s15tR 4tR st � ;cot atx #� Rx�l R �� 2. Material removed in construction shall be placed upon the adequately diked spoil disposal area or areas designated on said map. 3. Under no circumstancee Permittee remove more s shall th material than authorized by this Permit without- specific approval of the State of Florida Department of Environmental Regulation. 4. This Permit conveys no title to land or water, and does naJ constitute authority for the reclamation of water bottoms un- less herein provided.'prevent an adverse 5. Extreme care shall be exercises] to p Y or undesirable effects from this work in the property of others. This Permit authorizes no invasion of private property or rights in property. 6. This Permit is granted subject to the rights of the United States in navigable water, and shall be subject, further to the rights of the public in boating, bathing, fishing, and other rights for which purposes the waters and submerged land thereunder are held by the State. This Permit does not relieve the Permittee from the requirement of obtaining a permit from the U. S. Army Corps of Engineers nor from necessity of compliance 'wit)i all applicable local laws, ordinances, -and zoning or other regulations. 7. Perntittee, in accepting this Permit covenants and agrees to comply with and abide by the provisions and conditions herein and assumes all responsibility and liability and agrees to save the State of Florida Department of Environmental Regulation harmless from all claims of damage arising out of operations conducted pur- suant to this Permit. 94 u. Permittee, in accepting thXs hermit, agrees to allow any duly authorized representative of the Department or duly impowered law enforcement officer to enter upon the premises associated with the work authorized by this.Permit for the pur- pose of ascertaining compliance with the terms of this Permit and the rules and regulations of the Department. This Permit shall become effective upon acceptance by the Permittee and receipt of the executed copy by thie State of Florida Department of Environmental Regulation. Upon completion of the work au- thorized by this Permit, the Permittee shall return the Permit Placard to the Department of Environmental Regulation, Division of Environmental Permitting, 2562 Executive Center Circle East, Tallahassee, Florida 32301. 9. The Permit Placard shall be. posted in a conspicuous place on the equipment being used, and the Permit shall be readily available at the project site to all duly constituted law enforcement officers having jurisdiction and Department of Environmental Regulation representatives. 10. This Permit expires three years after receipt by the Applicant of all governmental authorizations, state and federal. The Department may revoke such construction Permit if the -appli- cant fails to use diligence in obtaining such required govern- mental authorization. 11. Permittee, in accepting this Permit, agrees -to cease all work under this Permit upon receipt from the Department of notice of the filing of an appeal with the Governor and Cabinet pursuant to Section 5(l), Chapter 75-22 (Laws of Florida, 1975) . Permittee further agrees not to recommence work under this Permit until final disposition of such appeal has occurred. ,12. This Permit/ Certificate is issued . in instances where the proposed work will not degrade water quality. 13. Monitoring Required by the Applicant Description Frequency. Turbidity Prior to and during construction Dissolved Oxygen$ Total. Nitrogen, pH, Temperature and Total Coliform Group Bacteria using STandard Method$ The Permittee is hereby required to notify the Department of Environmental Regulation's District/Subdistrict Office of the schedule of the project before beginning any work covered by the Permit/ Certification . Determination of the testing sche- dule and locations shall be coordinated with the Department of Environmental Regulation's District/Subdistrict Office. 19. Effluent Limitations -'This Permit does not authorize the Permittee to violate any water quality standards as specified in Chapter 17-3, Florida Administrative Code, including but not limited to: .paragraph 17-3.09, Criterias Class IYI Waters - Recreation -Propagation and Manngement of Fish and wildlife and Paragraph 17-3.05, Ila ter Cuality Standarday Specifics. Turbidity shall not exceed fifty (50) Jackson Units as related to standard candle turbidimeter above background. THE 'PERMITTEE, BY ACCEPTANCE OF THIS PERMIT/ CERTIFICATE , .AGREES TO ABIDE BY THE STIPULATIONS AND CONDITIONS CONTAINED HEREIN AND TO PERFORM THE WORK IN STRICT ACCORDANCE WITH THE PLANS AND SPECI- FiCATIONS ATTACHED HERETO AND MADE A PART HEREOF. ANY DEVIATION THEREFROM SHALL BE GROUNDS FOR REVOCATION OF THIS PERMIT/ CERTIFICATE Accepted this- l day of 19 5 _C - , , i PEERMITTE Issued this I -ith day of nctnher . 1975 STA'L'E OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, JOSEPH W. LANDERS, JR. , T:C RIrTA RY BY: 95 . GURb • SLOPE S�OPaE n P+EE cAP ✓ � J 14�5Q• P{�ES 30 TOtJ FAQ_ IS"5Q P►�E 3o -70i1 GAP. -� VARIES (— A.L.W. R. 0:0" 1 I�REAYvJIIM MIEL • C14APTER 16-2.061 ITEM 3 • ' • BREAKWATER & ERIDGE CROSS-SECTION Fcbr o. 33 12. 2 EENLEAFPELESCA 4,,F Q , �— f1AdORAIlir1G - -• , _ N , CUR6 _ �t EL.4V-w •- - STEPS • . .LOPE SLOPS t PI Lf- CAP 7 r � .011--5140-9 5 0CAP. ::5 II=Gw TO W -G" 1 I J, JYI CHAPTER 18.2.06! ITEM' 3 DOCK -a BRIDGE CROSS "SECTION CAF/`TELESCA Job No. 332.02 . Engineers . Architects, Inc. February 1975 Sheet 3 of 4 97 r r r r r rr r. rcam= r m mm COOC. OEGK / EL, t 6.0 _ P1Lr-. CAP •, . �•*� M. L.W. 40.0 •D, $• 6REAV-WAzER PANEL '4N, v&Rmi ' . 60Tt. 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Z O `\ O N D Y A G r;T1 n l m • r m> zrn , -+ -+ n z�Z �, A m ul � -, n np 00 0 0 G O 0 0 0 0 0 0 G 0 0 0 m D D D> D D D y D D D D D> a>> v 0 0 0 0 v v o c o m m m O O.0 m o u, m rn n rn m m m m rn rn m rn O rn N C D r A 0 z z u: < z r- Nz-,c mr)— O am — — > C z Z u 10 N v 10 o T<= n 'D 3 0 x 7 T n— r A C . m— rn > r c r z — Dn< m rn. u: O p O A Z p O< s O O D J r m >c nD3: or r .n > ,; In mzmxZM-+ -~ rnrn �zA Do..morn. nD -trn> O O < m N ul A n D -4 r z a .� D TJ m< a7 S Z N m Z r 1 �c -4 -, -•r O t— = A.•DO<mpc� m 0mo —ulo v Z^^ ^ co 1 N --IA Y D 3 r n 0 0> D O D Y A G r;T1 n l m r m> zrn , -+ -+ n z�Z �, m ul � -, n D c vl o n 00 .o O< U z ZD 3> O O rr, C to n x ;uz S L o— n O O - D N C D r A 0 z z u: < r- Nz-,c mr)— O am — — > C z Z Zl ^ z -� a n • ^ ^ 1) ' m m Ln — rn — O x z � C Z t"I .w D z' r iW.. •- z c 0 - .- .- .- -4 W 'M D r 0 0 til O - D 0 O . 0 .O Jl O 'N 0 0 0 V O I:n r N p t11 r > '• • • • •. • • • • I• . • • • • ` O O O'er 0 0 0 1l 0 O :) a, p N N 0!0` 0 0 0 0 0 0 0 0 0 O G O rmTl r � D _ p Z tT O W •- O 31 0` 0 CD \ \ N. \ \ \ \ = \ \ D \ \ \ \ \ \ \ O•- rJ •- •- O O O 0 w O 30 \ \ \ \ \ \ \ \ \ \ < \ \ \ \ \ \ \ J J J J J J m J J J J rJ N r W X J J J J J J W O v1 O tj N .7 fi '-LA LD O .T 0 W ^' O A ^- J N in N O O N O •- N N J W 0- A \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ J J J 'L Gr J[. O MZ m J J O J O O . Z W N N N N N N O d a` 'O -)0 r� J J O -i > rN w W w v) N W N .j N L N- •- O J -- U :Jl t» m ^ N 0. r W r .- N .- � 0 v :P 0 Ul S ul ul to S Jl 1 U� tP 0 ut LJNwrrwWwWrNVN 0 0 vl v 000000 n to o m 0 0 0 to i n r f r r r r •� r a a r r r s• D A t1 m rnm mrnrrlrnmmmmmmnmr:nrn o N 11 �Vv d• •• ro r� 11 mrr n) ti r V 0 .0 ro 10 N v 10 • LAW OFFICES ' D & GREENFIELD DUBBIN, UERKMAN, UBBIN A PARTNERSHIP INCLUOING A PROFESSIONAL ASSOCIATION 444 BRICKELL AVENUE MIAMI, FLo3unA 33131 1000 RIVERGATE PLAZA TELEPHONE (3051 373-3606 August 23, 1982 Mr. Gideon Kellermann and Mr. Rob Parkins Executive Administrator City Manager Miami Beach Redevelopment Agency City of Miami Beach 335 Alton Road 1700 Convention Center Dr. Miami Beach, FL 33139 Miami Beach, FL 33139 Re: Marina and Sovereign Submerged Lands Lease Fee Policies Dear Gideon and Rob: I am enclosing a copy of the Marina and Sovereign Submerged Lands Lease Fee Policies proposal, which will be submitted on behalf of the City of Miami Beach and the Miami Beach Redevelopment Agency by Terry Lewis. Please read this as soon as possible and, due to the shortness of time, convey directly to Terry your comments on the proposal. His address is: Terry E. Lewis, Esq. Messer, Rhodes & Vickers Post (ffice Box 1876 Tallahassee, FL 32302-1876 Please send a copy of your comments to me. Sincerely yours, JBBIN MHD:pc Enclosures cc: Terry Lewis, Esq. IIIIIIIZI 61 L3 M MARINA AND SOVEREIGN SUBMERGED LANDS LEASE FEE POLICY I. Background facts on marinas and water related activities. A. Currently nearly 500,000 recreational vessels and another 30-40,000 commercial and industrial vessels are regis- tered in the State of Florida. (DNR statistics through 1981) B. The rate of recreational and commercial vessel regis- tration increase between 1977 and 1981 has averaged 20,000 new vessels annually. C. Currently, Florida boasts one registered vessel per 20 people•!(one boat for approximately every five households.) D. According' -to Sea Grant studies and the Florida Coastal Zone Management Study, the direct economic benefit of marine recreation to the Florida economy approximates $900,000,000. More than $16,000,000 in sales taxes are collected on sales transfers. E. The committee has been unable to assess economic impact of second and third order commercial transfers associated with marine recreation. However, such efforts should be assumed to be significant. F. Additionally, the committee does not know with any precision the economic benefit of commercial and industrial water dependent activities other than marine recreation. (i.e. commercial fishing and ports related activities_) Nonetheless these activities are also significant. G. DNR and Sea Grant studies indicate rising demand for water access to marine recreation opportunity via marinas. The highest demand is associated with those portions of the coastal zone where rapid urbanization is occurring_ H. There is no indication that marina operations are financially any more viable in one geographic sector of the state than another. No evidence has been presented that a marina lease or marina operation is relatively more valuable in South Florida than in North Florida. If a geographic dis- tinction is made, it is a micro geographical distinction 102; 1 within a7 given water body. (i.e. it is advantageous to be closer to an inlet or open water than 10 or 15 miles distant:) I. The•Department of Natural Resources has no accurate idea of the number of marina and marina type activities that ase currently not under lease. Specifically the following reasons exist for the lack of knowledge: 1. Several hundred thousand acres of submerged lands are held privately and not subject to lease. 2. Marinas and other related activities constructed prior to 1970 and grandfathered in are not subject to leases and lease fees until 1998. 3. Many public entities are exempt from lease arrange- ments due to past TIITF actions. II. General marina policy for the state. A. Any state -adopted marina and submerged lands policy should apply to the Department of Natural Resources, the Department of Environmental. Regulation and any other* regulatory agencies at the state level involved in the regulation of. marinas. B. The :state, through its regulatory and land management agencies should encourage and give preference to marina -and similar•water dependent activities in the issuance of sover- eign'land leases and permits for the construction and opera- tions of such activities. C. The state should recognize that due to the environmen•.. tally sensitive nature of much of Florida's coastline, any proposed water dependent activity is likely to have some negative effect upon adjacent natural environment. The state should recognize this fact and help applicants minimize nega- tive impacts while positively assisting the individual in receiving state approval for his project. D. As part of any public interest test, the state should consider the public benefit to be achieved by marina -type activities. Specifically, public access to state resources for 10qJ utilization by greater numbers of the public at large, general recreational opportunity, commercial benefits of first, second and third order to a local economy and direct tax dollar bene- fits to the state should be considered, in marina leasing and permitting. . E. -Due to the public benefit associated with marina development and operation, the state should not be in the business of charging all the traffic will bear for marina leases. F. The state should give special consideration to areas of high environmental quality in marina leasing and permitting. However, 'such consideration should be conducted on a case-by- case basis rather than stating that all aquatic preserves, outstanding Florida waters or Class II shellfish waters are deserving of highest protection. State policy should clearly state that, -provided a. specific area to be impacted is of moderate to low value or impacts can be minimized to the point where public benefits outweigh environmental detriment, the project should be approved. I_TI. Types of marinas. Based upon DNR and Sea Grant study and analysis, there is considerable demand for more marinas. This is particularly so in rapidly developing, urbanized portions of Florida's coastal zone.- However, there is no current information clearly indi- cating the level of demand. And, no one seems to know pre- cisely what types marina will be most utilitarian. It is clear that 95% or more of Florida's boats are less than 26 feet in length. It is, therefore, recommended that DNR and .Sea Grant • cooperate in determining these specific needs over the next year. IV. Marina location. A. It should be. state policy to encourage enhancement and expansion of existing facilities wherever possible._ 1 G4 B. New marina location is tied to demand and private entrepreneurial development. Hence, it is difficult to say where new marinas should be. However, the state should encourage: 1. marinas as.close as possible to any identified population demand center, 2. marina development where adequate uplands are i available to develop related economic support activities and allow for possible future expansion, 3. avoidance of highly productive habitat to the extent possible (i.e. avoidance of dredge and fill and con- struction in extensive -marine grass beds, functioning marsh, mangrove and other productive habitat systems), 4. minimization of destruction of tidelands habitat through piling construction and other non dredge and fill technique where possible, 5. marina location near deep water to minimize dredige and fill, - 6. marina location near well flushed water bodies, 7.• installation at all marinas of state of the art sanitation and pollution prevention and spill containment measures to maintain water dependent facilities. V. Marina policy for aquatic preserves. There should be no specific different policy for aquatic preserves. It should be noted that all aquatic preserves are currently regulated by DNR and DER per rules 16Q-18 .(Biscayne Bay Aquatic Preserve Rules), 16Q-20 (Florida. Aquatic Preserves) and 17-3 and 17-4, Florida Administrative Code (Designation of all aquatic preserves as outstanding Florida Waters and regu- lating them more stringently than other water bodies.) Any further protection is superfluous. VI. submerged lands lease fees. A Because so much submerged land available for water dependent activities is either completely exempt (because privately owned) from lease fees or grandfathered until 1998, lease fees as currently structured should be eliminated. Basically, the non-exempt marina operator is supportfng the sovereign lands management program in, its entirety while his -exempt counterparts and vessel owners and operators escape completely. B. It is recommended that: - 1. A nominal lease fee should be prescribed for all marinas and similar water dependent activities that utilize state lands or waters. 2. . The fee :should be predicated on DNR staff costs necessa=y to process- and- administer lease or license instru- ments for. the entire state. (Such a program will immediately bring all activities located on sovereign lands or in sover-. eign waters into view for the first time in Florida's history. Currently, no one knows exactly what kind of water dependent activities exist statewide.) 3. In addition to a nominal lease fee, one dollar from each boat registration fee collected should be earmarked for state lands management. [This fee alone will double the current state lands management budget. Currently, section 327.25, Florida Statutes, (the boat licensing statute for Florida) mandates that funds collected through boat registra- tion must be used for a variety_of programs including quality control programs. State lands management appears.to be a quality control program. By allocating the cost of state lands management among all land based operators and motorboat owners and operators, a fair and equitable arrangement can be arrived at for management of state lands. Additionally, the lands management budget will be adjusted annually through legislative appropriation proceedings to reflect rising or declining costs of state land management.] C. There is nb apparent rationale for a geographical differential of submerged land lease fees. Any geographic JUG qu m wi �� w■ differential is tied to micro geographical location, not regional differentials. Hence, the idea of a geographically differentiated lease fee should be abandoned. - -6- STATE OF FLORIDA r 'ffirr of Ike C6nirrnur O' t THE CAPITOL •4��,. TALLAHASSEE 32301 - BOB GRAHAM GOVERNOR June 17, 1981 Mr. Robert M. Levy Vice President, Governmental Affairs 541 Lincoln Road Mall, Suite 208 Miami Beach, Florida 33139 Dear Mr. Levy: Governor Graham asked me to respond to your telegram of June 15 concerning the South Beach Redevelopment marina license. The Governor and Cabinet unanimously reaffirmed the license at their meeting Tuesday. They included an understanding that no hotel or other habitable structure would be built on the marina 'site, which satisfied concerns of environmentalists while affirming a condition that most involved with the Cabinet believed existed anyway. They also voted that when lease payments of $60,790 start in 1.985, the lease payments will be subordinate to bond payments, which satisfied some concerns of the redevelopment group. Thank you for your interest and recommendation. If I may assist you further, please call on me. JNM/lg Sincerely, =tee Y1Lee'_#7 re N. Moore, Jr. Special Assistant for Cabinet Affairs 4 An Affirmative Action,'Equal Opportun:.y Employer 108 ' 4 1 C LAW OFFICES DUBBIN, SCHIFF, Brn?Km" & Du13Dw 444 BRICNELL AVENUE ML&MI, FLORIDA. 33131 1000 RIVERGATE PLAZA June 11, 1981 TELEPHONE (305) 373-3606 Mr. Harold T. Toal City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Status of South Shore Marina Submerged Land Dear Harold: Since you are the Official Liaison of the City with the. Agency, this is to.bring you up-to-date as to the most recent occurrences relative to the submerged land occupied by the South Shore Marina. On Friday, May 29,1981, Terry Lewis, of the firm of Messer, Rhodes, Vickers & Hart, our co -counsel in Tallahassee, and I attended a staff conference with the Department of Natural Resources. The facts appear to be: On June 18, 1974, the Trustees of the Internal Improvement Trust Fund (Governor and Cabinet) adopted a Resolution approving a license to the City of Miami Beach for the occupancy of 1,642,970 square feet (37.72 acres more or less) for use for the public South Shore Marina. The license was drafted and a copy of the draft is enclosed. For reasons unknown to me, or anyone else, the license was never executed. However, the record indicates that representatives of the Trustees and the City proceeded thereafter as if, in fact, the license has been executed. You will note that the said license provides in Section V. as follows: "This license shall be rene-,,yable annually if the licensee has com- plied with all the terms and condi- tions of this license, including payment of the annual license fee. The license fee for renewal should be less than the original fee. The Board shall not increase the license _fee by more than 10% in any one renewal term." 1-09 7 M tires Mr. Harold T. Toal Page 2 Uune 11, 1981 M Ir = = M you will note that in Sectioof the raft of the square license, a license fee is specified S. Such was calculated at that foot of sovereignty land ever,one of the conditions contained time at $32,859.40 How in the Trustees Resolution thes public that son basis, g as tMarina first priority use was made available to P basis, that the license fee was to be waived. Representatives of the department advised us that the policy had changed tonce charge4aafeetfor t e use -of submerged hat the new policy of the Trustees land for Marina purposes, whether public or not, of 3. cents per square foot. This would amount, at this time, to $60,789.89 per year. The staff recommendation to the Trustees is that the license be approved provided that the fee is paid for such use. The staff assured us that no Marina, public or private{ has been allowed to operate on state owned submerged the specified fee. land in the recent past without paying After consultation with bond requirements ofdtherpendingnbondn of the revenue coverage q l issue and additional negotiations, the staff agreed to recommend: (a) That payment of the fee commence ina revenuesowill8provide which is a time when projected sufficient coverage to meet bond debt thatservice feerpaymenteshall and pay the land pse fee, and (b) be subordinated to the bond debt service requirements. On Wednesday, June 10, 1981, we appeared in Tallahassee before the meeting of Cabinet Aides, at which time the proposal for affirmation of the e license roposalth the wiadditional stated conditions was presented. This 16, 1981, for presented to the Cabinet on Tuesday, royal. action with the recommendation of staff for app There is one additional requirement to technically perfect the Marina occupancy of the submerged land. As you know, the City, on February 1, 1978, adopted a Resolution No. 78-15535 which resolved: DUBBIN, Scii1FF, BERKx -Lnx & DUL31311s' 1�G J M M M M s M • Mr. Harold T. Toal Page 3 June 11, 1981 "...that the Miami Beach Redevelopment Agency, subject to appropriate procedures being developed by the Administration, City Attorney and Redevelopment, shall assume all responsibilities for the development, construction and operation of the Marina." Subsequently, on June 20, 1919, the City, in Resolution No. 79-15945 resolved in part as follows: "That the City of Miami Beach hereby transfers all its right, title and interest in the Miami Beach Marina, including but not limited to docks, wharfs, rents and profits to the Miami Beach Redevelopment Agency; provided, however, while the Agency may pledge,hypothecate or otherwise grant a security interest in the _ revenues of said Marina and may cause said Marina to be managed by contract or through agents, said Marina shall remain always in public ownership." The License Agreement (Section 3) requires that any transfers of the license be approved by the T.I.I.T.F. Although, the relationship between the City and its own Redevelopment Agency is a close one, I feel that in the interest of perfecting the record, particularly for the issuance by the Redevelopment Agency of the bonds to construct the Marina, that approval for the transfer be requested of and obtained from the Trustees. If you have any questions, please let me know. Sinc7eely, r MURRAY H. UBBIN cc: Mr. Herb Kay Mr. J. Ritter Ms. L. AllQn Mr. T:' Lewis MIiD:lh - Duimnx, SCIiIFF, BLRKMA2a $e DUIIIIIN 1Ji M STATE OF FLORIDA BOARD OF,TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND STATEMARINAAND COMMERCIAL DOCK FACILITY LICENSE No'. ML -13-39-1462 Expiration Date June 18, 1975 THIS LICENSE issued to CITY OF MIAMI BEACH June 18, 197.4 , by the State of Florida pursuant to action on Board of Trustees of the Internal" Improvement Trust Fund, hereinafter referred to as the Board and CITY OF MIAMI BEACH hereinafter referred to as Licensee, WITNESSETH: That for and in consideration of payment of the annual fee hereinafter provided for, and thq other terms and conditions stated herein, the Board does hereby license and permit said -Licensee to construct, install and operate exclusively a marina and commercial dock facility upon sovereignty lands 'm . ore particularly described as follows: A porton of land. lying West of orad tici j,,c(�nt• to )31ock 111 of OCEAN BEACH, FLA. ADAITION• N0. 3 accrodi-ng to the lelut "101")f as recorded in Plat Book 2, at Page 81 of the Piibl.ic Records of Dade County, Florida, More partienlarty described as follow Corrunence at the Northwest corner of Section 3, Town` liip 54 soul_h Range 42 East; thence run Easterly along the North line of said Section 3 for 1350.00 feet, more or less, to a pont on the East line of Block,90 of -aforementioned Plat; thence run S 00030'00" E along the East line of Blocks 90, 89, 88, 870, 86, 85, 84, 83, 82, 81, 80, 79 and a portion of Block Ill# -and along their extensions' for 5207 feet to the Southeast corner of Lot 1, Block 111 of .said Subdivision; thence run S 89°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 Tract of land hereinafter described; thence run N 32°00'00" W, 300 feet oiest of and parallel to the Westerly Right- of Way line of Alton Road'for 2160.00 feet to a point, thence run N 25°37'26" W n for 335.62 to -the Northwesterly corner of A Lot designated 50-C on Sheet 8 of City of Miami Beach.dtawing of aforementioned Plat; thence run S 58000'00" W at right angles to said Alton Road for 600.35 feet to a point; thence run S 32000'00" E for 1254.00 feet to a point; thence run S 58°00'00" W for 150.00 feet to a point; thence run S 32000'00" E for 500.00 feet to a point; thence run N 58000'00" E for 150.00 feet to a point; thence run S 32000100" E' for 772.00 feet to a .point; thence run S 67'36'06" E for 400.38 feet to a point; thence run N 58°00' 00"- E for 330 feet, more or less to other land of the City of Miami Beach; thence run N 320 00'00" W for 358 feet, more or less, by other land of. the City of Mianti Beach to the Point of Beginning; containing 1,642,970 sq. ft. ( 37.72 acres) ,'more or less. 9EE CONSTRUCTION PERMIT FOR STIPULATIONS AND SECTION ONE OF LICENSE. 1/21/74 17 1`z a� >• t• w � r r� w c� rrs � � Wk / TO HAVE THE USE OF the herein desc.ibed premiscs fora- eri.od o one year from June 18, 1974 f the effective date of this /License. The terms and conditions on and for' which this License is granted are as follows: Section 1. As consideration for License to use state lands, the Licensee agrees to pay to the Board the greater of $100 or $0.02 per square foot of sovereignty lands occupied. - as hereinbefore described, conditioned upon Licensee's faithful performance of the terms -upon which this License is given. Fee waived with the requirement that the marina facilities be available for use by all local and state citizens on a first priority use basis. Section- 2. The Licensee in accepting this License does hereby agree that no claim of title or interest to said lands hereinbefore described shall be made by reason of the occupancy or use the that all title and interest to said land hereinbefore described is vested in said Board. Section 3. The License granted to the named Licensee shall not be transferred, without prior consent of the Board. Section 4. The Licensee agrees that upon expiration of this License, unless rengwed, all permission granted to use, occupy and operate a marina or commercial dock facility upon the hereinbefore described lands shall cease and terminate. Section S. This License shall be renewable annually if the Licensee has complied with all the* terms and conditions of this License, including payment of the annual license £ee. The License .fee for renewal shall be no less than the original fee. The Board shall not increase the. License fee by more than 10% in any renewal term. Soctioji 6. The Licensee shall be allowed a 90=day grace period after expiration of this License to renew the License. If the Licensee fails to renew within the grace period, he shall vacate the licensed premises and remove all structures amd equipment occupying and erected thereon at his expense. Soction 7. If the Licensee declines or fails to remove said structures and equipment occupying and erected upon the licensed premises, within 90 days after expiration of this License, such structures and equipment will be deemed forfeited by the Licensee, and may be removed and sold by the Board after 10 days' written notice by certified mail addressed to t -he Licensee. Section 8. Any costs incurred by the Board in removal of said structures and equipment shall be paid for from the proceeds of sale of such structures and equipment. If funds derived from.sale of structures and equipment are Insufficient to pay costs of removal, the Board shall have, and is hereby granted a lien upon the interest of tho Licensee in the upland enforceable in summary pro- ceedings as by Law provided. 5oction 9. 'The Licensee shall hold and save the Board, its representatives and designated agents -harmless from all IlAbilitie-s, claims and demands whatsoever arising from the installation, occupation and operation of the licensed fnc I Ij ty. SOCtiUn 10. ,No License is given to use or .occupy the licensed premises for any purpose other than herein specified, nor 'Ce 2 of State Marina :1114 Cornmerci.al Jock Facility License �-..� to permit the same or any part thereof to be used or. occupied for any purpose or business other than herein ...r - specified, nor to knowingly permit or. suffer any nui- sances or illegal operations of any kind on the licensed premises. Section 11.E The Licensee agrees to maintain the licensed .premises in good condition keeping the structures and equipment loc,,ted thereon in a good state of repair in the interests of public health and safety. Section 12.' No failure, or successive failures, on the part of the Board to enforce any provision, nor any waiver or successive waives on its part of any provision herein, shall operate, as a discharge thereof or render the same inoperative or impair the right of the Board to enforce the same upon any renewal hereof or in event of subsequent breach or breaches. IM Section 13." The Licensee accepts the provisions and conditions. herein and if the Licensee fails or refuses to comply.with, said provisions and conditions, this. License may be revoked by the Board, upon thirty days' notice in writing to the Licensee and an opportunityfor hearing thereon is afforded. IN WITNESS WHEREOF, the members of the state of Florida Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their names and have caused the official seal of said State of Florida Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed, in the City -of Tallahassee', Florida, on this the day of A.D. 19 Governor (SEAL) STATE OF FLORIDA BOARD -OF TRUSTEES Secretary of State OF THE INTERNAL IMPROVEMENT TRUST FUND ' Attorney General Comptroller ACCEPTED this day of 19. Treasurer CITY .OF 14IAMI BEACH LICENSEE Commissioner of Education Commissioner of Agricuiture By _ As and Constituting the. State of Name and Title Florida Board of Trustees of the 111t arnal Impl-ovrmrnt Trust Fund ATTEST: - (Corporate Scal) ?age 3 of S -ate Marini. =.--id Coc-imercif.? lock 17?7' .lity License 11n. '11,- 1 3 -39-1402 �■■� _ Mir 18 m m m r LAW OFFICES / MuTssER, F;HODEs, VICHERs & ITART A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS SUITE 701, LEWIS S*ATr BANK BUILOINO POST OFFICE BOX 1878 TALLAHASSEE, FLORIDA 32302 . TELEPMONF. (904) 222-0720 - JAMCS ELLIOTT MESSCR ROBERT S. GOLDMAN ROSCRT M. RHOOES, P. A. TERRY E. LEWIS CAMS O. VICKERS, P. A. ROBERT S. 14106470WER GERALD T. MART, P. A. JAMES C. HAUSER , DOMINIC M. CAPARELLO ROBERT SCOTT COX NOTC04CLL S. MAIGLER, P. A. JEFFREY M. ABRAMS JOHN M. FRENCH, JR. June 5, 1981 JOHN C. LOVETT M. MICMACL MADSEN Mr. Richard P. Ludington Department of Natural Resources Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32303 Re: Renewal of City of Miami Beach Marina and Commercial Dock Facility License No. ML -13-39-1462 Dear Mr. Ludington: This letter constitutes a formal request for renewal of 1 the referenced marina and commercial dock facility license by the Trustees.of the Internal Improvement Trust Fund per the conditions of the original license issued June 18, 1974. The marina license issued June 18, 1974, granted the City of Miami Beach permission to construct a regional marina facility on 1,642,970 square feet (37.72 acres)in Meloy Channel adjacent to the City of Miami Beach. In pertinent part, issuance of the license was predicated upon the foregoing conditions: 1. The entire breakwater structure originally designed as part of the marina was to be eliminated from the project and future designs for breakwater structures required review by the Department of Natural Resources coastal engineer. 2. The.annual marina license fee of $32,859.40 was waived with the requirement that the marina facilities will be available for use by all local and state citizens on a first priority use basis. 3. Water quality certification was required to be issued by the Department of Pollution Control. :1•. 5 Mr. Richard P. Ludington June 5, 1981 Page Two _ 4. The license was to be renewable annually if the licensee had complied with all the terms and conditions of the license. The City of Miami Beach has continued to comply with all referenced conditions. The original breakwater structure was redesigned and submitted to the Department of Natural Resources coastal engineer for his review. A copy of the original revised submission by the consulting engineers, Greenleaf/Telesca to the Department of Natural Resources and the Department of Pollution Control and the hydrographic analysis and conclusions of the Department of Natural Resources coastal engineer determining that the revision as presently constructed is "the optimum design based upon hydrographic considerations" is included -(Composite Exhibit l). The marina is and always has been open to the public. Additionally, the project received a Department of Pollution Control (Department of Environmental Regulation) water quality certification and permit issued September 15, 1975, and signed by Secretary Landers October, 1975 (Com- posite Exhibit 2). We believe, therefore, that the City has fully complied with all conditions of the original license. �,,� Based upon the original license, the City of Miami 5L has proceeded in good faith since 1974 with the knowledge and approval of the Trustees of the Internal Improvement Trust Fund and staff to develop a regional marina complex. The facility will accommodate more than 400 recreational and commercial craft. As late as 1978 when the City made - application for some slight modifications to its Department of Environmental Regulation permit and the issue of Trustees approval of a lease was raised, the Trustees' response was that the previous license granted by the Trustees was in force. (Composite Exhibit 3). •Since license renewal notification by the Trustees staff is keyed to annual notice of fees payable, the City believed the license was annually renewed without need of formal action because condition 2 of the original license waived all fees. Under these circumstances it is the position of the City of Miami Beach that the license for lib Mr. Richard P. Ludington June•5, 1981 Page Three - the project has been annually renewed by the Trustees staff automatically as a result of compliance with the original license conditions. Now, however, due to the fact that the license has not been formally renewed in over a year, confusion has arisen over the validity of the license. It is, therefore, necessary for the Trustees to reaffirm the validity of their .original action. It is our strong feeling that we continue to have a license in view of the original action by the Trustees and our continued compliance with the conditions of the original permission. We are, therefore, requesting your prompt attention to clarification of this matter. Sincerely, Terry E. Lewis _ TEL:bdm Enclosures cc: Robert M. Rhodes, Esc. Murray H. Dubbin, Esq. -I17 L.AW OFFICES DUBBm Scxiyr, By_iRKM 1: & DUBBIN ♦a♦ BRICKELL AVENUE MLA -MI, F2,01UDA 33131 1000 RIVERGATE PLAZA June 1, 1981 Mr. Herb Kay, Executive Director Miami Beach Redevelopment Agency 335 Alton Road Miami Beach, Florida Re: Status of Marina submerged land Our File No. 17125-Y Dear Herb: RECEIVED JUN! u 3 ISM TELEPHONE (305) 373-3606 On Friday, May 29, 1981, Terry Lewis and myself had a conference with Representatives of the Department of Natural Resources, namely: Alton Gissendanner, Executive Director; Henry Dean, Assistant General Counsel; Richard Ludington; Ted Forsgren, Bureau Chief, Bureau of State Lands Management; Daniel T. Penten; James Williams, Assistant General Counsel. -The following course of action was generally agreed to: a. The Agency acting through Terry Lewis, Special Counsel, will apply Monday for a hearing before the Governor and Cabinet sitting as the Trustees of the Internal Improvement Trust Fund for reaffirmation of the licensegranted_on_ Juni 18, 1974 --�: a__copy_ of- which__ is _attached)_ and the formal execution of such license. The facts are that the license, although never originally executed, was deemed in full - force and effed.t by all parties, and actually annually renewed in accordance with its terms. So what we're requesting is simply an affirmation of what all parties have considered has, in fact, taken place since the aforesaid date. The said license provides in Section V. as follows: "This license shall be renewable annually if the licensee has complied with all the terms and conditions of this license, including payment of the annual license fee. The license fee for renewal should be no less than the original lis Mr. Herb Kay Page 2 June 1, 1981 fee. The Board shall not increase the license fee by more than 1OW in any one renewal term. There is no specified license fee contained in the original document and we are taking the position that so long as the Marina facility is used for the general public and is available for use by the general public, the citizens of the State of Florida, and the community on a first priority basis, that no fee is payable. Representatives of the department advised us that the policy has. changed since 1974 and that the new policy of the Trustees is to charge a fee for the use of sub- merged land for Marina purposes, whether public or not, of 3.7 centsper. __,square._ foot,, -They. calculated.l that_ �iis would "'be tant amount at istime 'to'; $ 48 ti000 ,, e :.. year It-wi11 be� die"staff recommen�aon to the Trustees "t1i"at the license be approved provided that the fee is paid for such use. We discussed with the Staff the potential damage that such imposition would do to the revenue stream necessary to service the bonded indebtedness. While we are attending the meeting, we touched base with Bob Olive, hed base wit Bond Counsel; Fisccal1n turn, Consultantt,cand producedhthev Laenthal and Horvath, following information: If the sum of $48,000 was assessed as a license fee commencing the first revenue producing year of operation of the Marina, that it would reduce the revenue stream to a bond debt service coverage of less than 1. We were advised and, in turn, advised the Staff that the bond instruments required a coverage of no less than 1.25; that the interest rate, which was being presented to the Administration Commission for approval, namely 15.27% would result in a coverage of less than 1.1. Accordingly, the coverage was relatively thin and the Agency simply might not be able to agree to such a use fee._-mob=`Olive F's uggesed that,'1t such a fe_e, wereJnslsted -upon;--tla` ;icommenc .no earner`. than the year 1985,"at which time t tNd___revenue-stream would produce it was projected tha DtiBBI\', SciuFF, BERK>IA\ & DUBBIN' 1"!W mom m.mm m mm Mr. Herb Kay Page 3 June 1,1981 enough dollars, that the bond service requirements could be met and the fee _paid_, !he��ta - resent;�consi--z and deXing..,that,,proposa3y. �,- - It is anticipated that the request for reaffirmation will be -presented to the Cabinet at its @econd meeting „i;ji;ne. We are advised that the Governor ana-the ttorney General will not be present at such meeting and should be aware of that. I agreed to consult with the Governor and ask whether he would prefer that it would be set at another time. b. In addition to the aforegoing, we have pending the issues which are primarily D.E.R. oriented issues of filling the deteriorated areas of the bulkhead line so that the bulkhead of the uplands facing the Marina will be straight and in accordance with design, and the openings in the bulkhead necessary to addomodate the upland canals. It was generally agreed that as a matter of law, the only action required from D.N.R. was consent to the use of the land and the staff evidenced its willingness to recommend consent to such use (being aware that the use could not take place until after permitting by the D.E.R.) The issue arose as to whether a hearing under FS 253.115 was necessary. It was generally conceded that under the language of the statute, a public hearing was not necessary prior to the approval of this type of activity. However, it was further acknowledged that the policy of D.N.R. up to recently was to set a public hearing on anything that might arouse public controversy and that there were circumstances where the Cabinet requested a public hearing whether or not the law required it. 4�ccord33ng1y:; was. agreed --that.. an agenda - item -would `be .sent ,to the 6abihet from_D.N_R'_adv s b4Z willingness of the Staff._ to_igsue_"a Consent Order-' fo_r_ such: fuse -and to. invite- eifiier_ expres_5 - or implyirig,_;the-Cabin_ets.:request forO a:`public.7beari.ngiFi£ 14x7- so_ chose. Such issue would be presented to the Cabinet some time in July. DLBsi\. SciiiFF, BERK�Lkx & DUBBIN Mr. Herb Kay Page 4 June 1, 1981 C. There are additional requests from D.E.R. vis-a-vis "completeness. Such requests were discussed by Terry Lewis and myself. I previously drafted a statement as to "clear public interest" and Terry is going to examine it and see if he can improve upon it. Additionally,e--h-aVe"been=-requested-`fo s�iow`�ocu- rf entation as tb- sue`Fhe main£enance of ambient water - pualify---These ciocumen`s have previously been pre- are -d-* Michele, Tackney and other consultants. Respectfully submitted, MURRAY H. UBBIN MHD:lh cc: Mr. Terry Lewis Mr. Robert Olive Mr. George Kouzulinski Mr. Steve Siskind DtiBBI\. SCHIFF. BERK�SAIC Lz DUBBIN LAW orFICEs DuBmN, ScaiFF, BEaxrsex & DuBHIx 444 BRICKELL AVENUE MIAMI, FLORIDA 33131 1000 RIVERGATE PLAZA January 21, 1982 Ms. Joyce Letsen First Boston Corp. Park Avenue Plaza New York, NY 10055 TEL-VPHON[ (305) 373-3606 Re: Miami Beach Redevelopment Agency - D.E.R. #13-8332 Dear Joyce: As per our last conversation, I am enclosing a photocopy of a letter of November 4, 1981, from Richard P. Ludington, Director of the Division of State Lands, affirming the action of the Trustees of the Internal Improvement Trust Fund on June 16, 1981, in reaffirm- ing the marina license for the marina submerged lands. We have requested a certified copy of the license from Mr. Ludington. You will also note the fact that the Trustees approved the submerged land easement covering the hiatus between the upland property and the land lying within the licensed area. We have also requested a copy of the easement. I will communicate with you further when I receive the documents involved. Best wishes, MURRAY H. UBBIN MHD:pc Enclosure cc: Mr. Terry Lewis Mr. Gideon Kellermann Mr. Brian Bilzin A'.4:: N +wr w w w■ _ Id .r C=m w� e • .�. , o �r State of Florida DEPARTMENT OF NATURAL RESOURCES DR. ELTON J. GISSENDANNER Executive Director 3900 Commonwealth Boulevard, Tallahassee, Florida 32303 November 4, 1981 Mr. Stephen Fox, Director Division of Permitting Department of Environmental Regulation Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32301 Governor GEORGE FIRESTONE Secretary of stat JIM SMITH Attorney General GERALD A. LEWIS Comptroller BILL GUNTER Treasurer DOYLE CONNER Commissioner of Agriculture RALPH D. TURLINGTON Commissioner of Education RE: Miami Beach Redevelopment Agency D.E.R. #13-8332 Dear Steve: Mr. Terry Lewis, Esquire, on behalf of the Miami Beach Redevelopment Agency, has asked that I. formally inform your agency of their compliance with all Board -related requirements under Chapter 253 and Section 258.165, Florida Statutes, regarding construction of the marina and the opening of the upland canal system. On June 16, 1981 the Board reaffirmed the validity of the existing marina license previously approved on June 18, 1974, and on October 6, 1981 the Board approved issuance of a submerged land easement covering a hiatus between the upland property under Miami Beach Redevelopment Agency control and the land lying within the license area. These two Board approvals comprise the total title authorization necessary for Miami Beach Redevelopment Agency to construct a marina complex on state-owned sovereignty submerged land. The opening of the upland canal system has been determined to be a non -substantive issue relative to the proprietary interests of the Board. Consider this the authority sought under Section 253.77, Florida Statutes, for construction of the marina complex and upland canal DIVISIONS I ADMINISTRATION LAW ENFORCEMENT MARINE RESOURCES RECREATION AND PARKS RESOURCE MANAGEMENT STATE LANDS 4"n � ON M o M v M M M� M M Stephen Fox Page 2 November 4, 1981 system. This letter in no way waives the authority and/or juris- diction of any governmental entity nor does it disclaim any title interests that the State may have in this project site. Sincerely, p Richard P. Ludington Director Division of State Lands RPL : dpp cc: Terry E. Lewis, Esquire Robert M. Rhodes, Esquire VNlurray H. Dubbin, Esquire Herbert Kay Suzanne P. Walker Richard Lotspeich M W 'M M A M! �7 i State of Florida L RE DEPARTMENT OF NATURAL RESOURCES DR. ELTON J. GISSENDANNER 3900 COMMONWEALTH BOULEVARD / TALLAHASSEE 32303 frrealler Dlr•AOr March 4, 1982 Mr. Herbert Kay, Executive Administrator Miami Beach Redevelopment Agency 335 Alton Road Miami Beach, Florida 33139 Dear Mr. Kay: of IIOB GRAHAM Go,ernor GEORGE FIRCSIONE Secretary of Slate JIM SMITH Attorney General GERALD A. LEWIS Comptroller BILL GUNTER Trcasurer DOYLECONNER Commissioner of Agriculture RALPH D. TURLINGTON Commissioner of Education We are enclosing executed Easement No. 26214(3145-13) for your files. Sincerely, Gloria C. Watson Operations Section Bureau of State Lands Management Division of State Lands GCW/ps cc: Mr. George W. Koszulinski Mr. Terry Lewis, Esquire rr; a w = c DIVISIONS / ADAIINISTRATION • LAW ENFORCEMENT • MARINE RESOURCES RECREATION AND PARKS • RESOURCE MANAGEMENT • STATE LANDS 1205 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND E A S E M E N T NO. 26214(3145-13) WHEREAS, pursuant to application made by Miami Beach Redevelopment Agency for a submerged land easement over sovereignty lands held by the Board of Trustees of the Internal Improvement Trust Fund and said Board did on October 6, 1981, agree to the granting of same, THEREFORE WITNESS, THIS INDENTURE, made and entered into by and between the Board of Trustees of the Internal Improvement Trust Fund, as grantor, and Miami Beach Redevelopment Agency as grantee, does hereby grant unto said grantee, subject to the conditions hereinafter set forth, a submerged land easement for filling and construction of a rip -rap bulkhead on the following described land in Dade County, Florida to -wit: LEGAL DESCRIPTION (SEE EXHIBIT A ATTACHED HERETO AS A PART HEREOF) The conditions under which this easement is granted are as follows: 1. The rights hereby conferred shall be subject to (a) any and all prior rights of the United States; and (b) any and all prior grants by the Board of Trustees of the Internal Improvement Trust Fund in and to submerged lands situated within the limits of the right of way hereinabove described. 2. That no title to said land is conferred by this instrument. 3. That the above described parcel of land shall be used .A s E_ . r = = ® M R solely for the filling and construction of a rip -rap bulkhead and its maintenance . In the event the land herein described shall cease to be used for said purposes then the easement hereby granted covering said land shall terminate without notice from the Board of Trustees of the Internal Improvement Trust Fund. 4. That the grantee herein will not, in the filling of said lands and the construction of said rip -rap bulkhead will not unduly interfere with public or private rights therein. 5. That the grantee herein shall save, protect and hold harmless the State of Florida and the Board of Trustees of the Internal Improvement Trust Fund from all damages and claims arising out of the use of said easement by the grantee or any of its agents, servants, employees or contractors. 6. That the grantee by acceptance of this agreement, binds itself, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the grantee, running with the land. 7. The easement granted to the name grantee shall not be transferred, without prior consent of the Board. _ TO HAVE AND TO HOLD said easement unto said grantee for the purposes herein set forth. IN TESTIMONY WHEREOF, the members of the Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their names and have caused the official seal of Page 2 of Easement No. 26214(3145-13) 1' 7 said Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed in the City of Tallahassee, Florida, on the 1- St - day of Marr -b This instrument was prepare by: Gloria C. Watson Department of Natural Resources 3900 Commonwealth Blvd. Tallahassee, Florida 32303 Page 3 of Easement No. 26214(3145-13) , A. D. 19 q2 - ($E 2 - Governo Secret fry $f State g%FA Att ey Genera Q:omptro ler / • ZuZ174— Treasurer Wsiol'CommlofEducatio omrdisdioner of Agriculture As and Constituting the Board of Trustees of the Internal Improvement Trust Fund ..,:-0 f) iR.B r , �r �r rr r rw rr rr r� r■� r �r r� �r �r EXHIBIT A ( PARCEL A, B, & C ) Legal Description of lands Easterly of the sWesterly line of Block 111, ocean Beach Addition No. 3, a d in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida; lands bounded as follows: Parcel A: Bounded on the East by the Mean High Water Line at the face of an existing bulkhead, 5.70 feet Easterly of the Westerly line of aforesaid Block 111; bounded on the South by the Northerly 12.0 feet of Lot 40 of said Block 111; bounded on the North by the Southerly 12.0 feet of Lot 41 of said Block ill; bounded on the West by the Westerly line of said Block 111; Also Parcel "B", bounded as follows: Bounded on the East by the Mean High Water Line of Biscayne Bay as shown hereon, said Mean High Water Line meanders along a line Easterly of the Westerly line of said Block 111; bounded on the North by the intersection of said Mean High Water Line with the Westerly boundary of said Block 111 at the Southwest corner of Lot 23 of said Block ill; bounded on the Southwest corner of Lot 13 of said Block 111; bounded on the West by the Westerly boundary of said Block 111; Also: A parcel of land located in South Beach Park, as recorded in Plat Book 6, at Page 77, of the Public Records of Dade County, Florida, hereon shown as Parcel "c", and bounded as follows: Bounded on the East by the Mean High Water Line of Biscayne Bay at the face of a concrete bulkhead, as shown hereon, said bulkhead being Easterly of the Westerly line ofsaid South l toa each Park; bounded on the South by a line pa 158.5 feet, more or less, South of the North line of said South Beach Park; bounded on the West by the Westerly line of South Beach Park; bounded on the North by a line parallel to and 45.00 feet, more or less Southerlyof B the and Corth containe0.176of oacres, more uth Beach aor•less. A Parcels , age 4 of Easement No. 26214(3145-13) 12,9 M M M M M r o M M M M M M MANAGLMLNT AGk1:1:MLNT -1-111S AGREL•'MLNT, made and entered into this 16th day of April 19112, by arid Letviee_n the MI NMI L'L•'ACH REDEVkLOhMLNT AGENCY (hereinafter referred to as 'AGENCY") a public instrumentality organized and existing under tl►e Laws of the State of Florida, .and YACHTING CENTER MANAGEMENT C6RPORAI-10N (hereinafter referred to as "YCMC"), a Florida corporation. Commencement date: April 19, 1982. W 1 T N L•' S S L '1' 11 : W111:14 -LAS, pursuant to Section 163 et seq. , Florida 5tdtutes, azul v"rious Resolutions of tiler City Commission of the City of Miami Beach, the Agency is charged with Lhe re.- developHr►e:nt of the South Shore area; and WIJERL•'AS, Agency desires to construct, furnish and equip a Marina in said South Shore area; and WHEREAS, Agency desires to hire YCMC as an indupelidvnt contractor to provide services to Agency to operate arid mai►aye tht business of the Marina for the benefit of the Aye j.icy, and YCMC` desires to render such services, all upon Lhe terms, covdnailts and conditions 11ereina f t er seL i ort h . NOW, I - '1'11li1tL'FU1tE, in consideration of the mutual promises hereinafter stat forth, the parties hereto ayre e, as follows: ollows- I. Definition of '1'e_•rms. As useed herein, the fol lowie1(� terms 51►a ll havu the re:shect.ive meanings indicated below: (a) I'll EMI Sl -:S: The premises consists of that certuin liroperty sit.uitu in Miau►i Beach, Dade: County, Florida, lying Southerly of the McArthur Causeway :,nd West of Alton Road, • 130 it it rr r rr, r c � r� v ri r rr r r rr COMMONLY CALLED THE South Shore Marina, Loyether wi th certain lands adjacent thurcLu, and Lo geLher with two piers c.onsi:;ting Of uhhrc,xiu►ately 50 slips, and all rights of access, ingress and u+jrc:;s, riparian ri-ghts, water courses, easements, al.lhurLun- q ances, and any and all other improvements thc_reunto belonging or ennsLructed thereon. Attached hereto as Exhibit "A" is a sketch showing that p^rtion of the Marina rind land adjacent thereto, which constitute the premises. (b) MARINA: A collective term for the premises and impruvements thereon, the furnishings, equipment a►►d supplies, and the activities to be conducted by YCMC thereon. (c) OPL•'RATINC YEAR: The first "Operating Year" shall begin on the commencement date hereinafter set forth and shall e:nd on May 31, 19133. The second "Operating Year" shall ecmunence: on June 1, 1983 and end on May 31, 1984. 1. '1'LIOVI: A. The Lerm of t!iis AyreemenL shall cununcnce on the: date hereof (the "Commencement Date") and shall terminate at 11:59 P. M. on May 31, 198.4 provided that tile: Agency shall have the right at any time to terminate this Agreement upon 30 days written notice to YCMC; provided, further, however, that said ri,3ht of tcrn►.ination shell not be exercised arbitrarily. B. It is hereby acknowledged that the Agency intends to finance and construct curtain iml:rovum nth to the Marina in the near future, and that as a result it may be necussdry or desirable to .Lermin.,Le this Agree•me►►t .ind any at3recmcnLs related thereto, Sucl► as slip r.enLals, Concession atlruements or other agreements related to the Marina. Accordingly, all contracts or agrewnents concerning the Marina shall provide for termination within said all day period and shall further provide that the Agency shall be empowered to 131 remove or store any vessel or other property, and charge the costs of removal or storage as a lien against said vessel or property. The form of all contracts shall be subject to the prior approval of the Executive Director of the Agency, which shall not be unreasonably withheld. Upon the expiration of the term or termination of this Agreement, notwithstanding said expiration or termination, it shall be the responsibility of YCMC to remove or cause to be removed any vessel or property which the Agency directs to be removed, and advance the costs of said removal subject to reimbursement to the extent of any lien. C. YCMC recognizes that its selection to manage the Marina was done through a process of competitive negotiation. material Accordingly, YCMC will not seek to vary the/terms of this Agreement. If it does so, the Agency shall have the right to terminate upon 30 days written notice to YCMC. 3. CONDITIONS OF USE: A. YCMC has had the opportunity to inspect the premises, finds same seaworthy, and agrees to manage the Marina in its present condition, with some improvements to be performed by YCMC. YCMC acknowledges that it has been informed that the CITY OF MIAMI BEACH and IRVING M. ELLIS, JR., occupy certain property adjacent to the subject premises. YC,v,C covenants and agrees that it will not interfere, or suffer others to interfere with the business or operations of the CITY OF MIAMI BEACH or IRVING M.ELLIS, j provided that nothing herein shall prevent or preclude activities or enterprises in competition with IRVING M. ELLIS, JR. YCMC further covenants and agrees that the Agency shall not be responsible for any injury to YCMC or any person taking or occupying under YCMC caused by the CITY OF MIAMI BEACH or any of its agents, employees, officers, officials or invitees. B. Except as provided in the foregoing paragraph, during the term of this Agreement, and particularly during the period of time during which boats are docked or berthed at the subject JL32 .1 r■ v � �r r■ rr � r rr ri Prel►►lbea, YLMC -sit-ill completely supervise and be ruspolksihle for the use of the premises and property of all licensees, invitues, concessionaires and employees, and suffer no condition to exist which is unsafe or dangerous to life:, limb or property, and use every reasonable means at its disposal to abate any dangerous condition, immediately upon learning of same. YLMC shall cause adequate security to be provided Within the Marina at'its expense. 4. ' PAYMENTS TO MANAGER AND GUARANTEES OF RLVENUL•: A. All gross income as Lhat term is defined her6af ter shall be deposited to a separate account to be maintained by YLMC, subject to the Agency's audit. from Lhe funds in said ac:cuunt, the Agency shall receive on or before the first day of each and every month of the term of this Agreement,* the sum of live Thousand ($5,000.OU) Dollars. The remaining moneys from said account shall be paid over to YCMC'when, as and if received as full compensation for all management, marketiny and other staffing and expenses necessary or desir- able to operate the Marina and related activities. YCMC represents that it is capable of generating revenues at the Marina sufficient to allow for payment of said monthly suwu to the Agency and to pay all staffing and Operating expenses. To the extent that cash flow or revenues are insufficient to mike said payments, YCMC shall Le Lo make LFhe sane. In addition to said monthly payments, in the event yruss revenues are in excess Of Four Hundred Tlious.,nd ($400,000.00) Dollars in any opera Ling year, 85e of said excess shall be paid to YC:MC ,and 1516 of said sum ::Ball be paid to the Agency. All employees, utilities and otl►er expenditures shall be hired,_ employed or purch,►sed in the name of YC'MC. • c:o:nn1encir.g Jure 1, 1982, and the final payment due May 1, 1'Ja4 4 - .! M M ® M � M M M M M M Por purposes of this AyreemenL, the term "gross income:" shall rowan Lilo sum of: (a) All fees or income received by,YCMC for berthing or dockage or the sub- letting of any portion of the premises other than concession sales; and (b) All commissions, overrides or other fees or income received by YCMC from concessionaires or licensees;, and (c) In the case of any concession which is operated by YCMC, gross sales from said concession, less cost of goods sold and direct labor costs; and (d) All income netted by YCMC at the Marina not listed in (a) , (b) , or (c) above. B. As security to the ACL•'NCY for full performance by YCMC under this Paragraph, YCMC shall host a letter crC credit in a !unhand with an institution reasonably acceptable to the Agency, in -the an►uucit of $30,000.00, no later than teci (10) days subsequent to the execution hereof. 5. PUBLICITY: YCMC shall, wherever possible, identify the Marina as being the "South Shore Marina" being developed by. the M1AM1 1SLACH RL'DEVELOPMLNT AGENCY- 6. GENCY- 6. INSURANCE INDEMNIFICATION, HOLD HARMLESS: A. YCMC shall familiarize itself and comply witi► all federal, state, county and municipal ordinances or regulations c,ontrolliny the premises or affectiny StaT110. YCMC shall 111de,nnity and save harmless the CITY OF MIAMI BEACH, the A(l,,ncy and all of Lheir officers, agents and servaIILs cigainst any claims or liabilities arising from, during, or on account of the op ratioii of the Marina, other than biose arising as a result Of the gross negligence of the Agency or Lhe. CITY OF MIAMI HE'ACH . 134 1!. YCMC shall obtain the following insurance: (a) Comprehensive general liability coverage haviny a single limit of not less than One Million Dollars w ($1,040,000.00). Said ;policy shall be endorsed to provide that in consideration of the premium charged, it i:.• further agreed that YCMC's contractual liability is included under the policy. The insurance coverage shall extend to and include. YCM.C's obligation to indemnify and hold harmless the Agency and the CITY OF MIAMI BEACH. (b) Products liability insurance in the imount of not less than One Million ($1,000,000.00) Dollars cover- ing all products sold on tht! subject premises excluding goats; provided that such coverage may be provided through the addition of the CITY OF MIAMI BEACH and the MIAMI BEACH kN.DL•'VELOPMENT AGENCY as additional insureds to the _ concessionaires policies. (c) Each such policy shall name the Agency and th-e CITY OF MIAMI BEACH as co -insureds thereunder and shall be.issued by insurance companies authorized to do business under the laws of the State of Florida which have a rating of at least A:AA as per the latest edition of best's Insurance Guide. (d) Property damage, including comprehensive coverage in the amount of One Million ($1,000,000.00) Dollars covering dll property of the Agency under manage - meat. - (e) Such other insurance in such amounts as may be necessary so that the Agency and CITY OF MJAM1 BEACH are covered for all d,-tivitics at the Mcrina. it315 - 6 - (f) Until such time as Lhe policies required by Subparagraph B hereof have been obtained and copies thereof turnished to the Agency, YCMC shall not conuuunce improvements LO ur. Operation of Lhe Marina. L•'ach such policy shall state that it ib not eanculiablu priur to Lhe e►Id of Lhe term of this AgruemunL except- with the approval of the Executive Uiructur of the: MIAMI BEACH HEDL•'VELOPML•'NZ' AGENCY. 7. AFTER COMMLNCEMLN'1' DATE: : (a) Subject to the terms hereof and the rights of the Agency, after Commencement Cate Agency hereby yrants to YCMC the sole and exclusive right and responsibility to super- vise .and direct thu manayemenL and operaLion of Lhu Marina. During the term hereof, YCMC shall use its best efturLs i►► the: management and operation of the business, services and sales of the Marina so that, subject to the provisions of this Ayree� Ment, Lh.e Marina alid its services will bu operated and maintained in a first class manner with the maximun► of profit consistep.t therewiLh. YCMC shall operate the Marina for a marine business, including but not limited to slip rental, boat- sLoriye, rel airs, fuel sales and related services, ship stores, bait and tackle, snack shop, chandler,' boat shows, yacht brokerage:, charte=rs and siyl-►tseeing, retail sales and for any other related purposes. (b) YCMC shall receive, consider and handle the complaints of all tenants, licensees, concessionaires, quest..; or users of any of Lhe services or facilities of the Marina. (e:) YCMC Shall maiuL.ail► Lhe buildings, appurtenances and yr0unds of the Marina in accordariCe With st-!►id_-rd!i reason- ably acceptable to Agency ine_ludiny, without limitation, inLe:riur a►►d exterior cleaning, painting and decorating, i,lwubing, car- pentry, and such other normal w.Antunance and rei,,air, work as may be desirable:. - 7 - =NN! MM.Wi ® m m m m m m m m (d) This is a "net net" Ajreelnent, and YCMC shall be responsible for all costs and expenses of maintaining and operating ,the Marina throughout the duration of this Agreement, provided, however, that although this agreement is for the performance of a public purpose on publicly owned land which said land is not subject to ad valorem taxes, in the event property taxes are assessed by any governmental agency and said assessment is ratified by judgment of a court of the highest competent jurisdiction, it is agreed that YCMC and the Agency and the Agency shall each pay one-half of such taxes or other governmental charges arising subsequent to the commencement date hereof. (e) YCMC shall collect all rent and other charges from tenants, licensees and concessionaires in consequence of the authorized operation of facilities in the Marina and otherwise due with respect to the Marina in the ordinary course of business. Agency authorizes YCMC to request, demand, collect, receive and receipt for all such rent and other charges. and to institute legal proceedings in the name of YCMC or, if necessary, in the name of the Agency, subject to the review of all complaints prior to filing by Agency's counsel, for the collection thereof, and for the dispossession of tenants and other persons from the Marina. All monies collected by YCMC shall be forthwith deposited in a single bank account, and disbursed only in accordance with this Agreement. (f) YCMC shall comply with all statutes, ordinances, laws, rules, regulations, orders and determinations affecting or issued in connection with the Marina by any governmental authority having jur- 'isdiction thereof, as well as the terms of each insurance policy and all orders and requrements of the applicable Board of Fire Underwriters or the applicable Fire Insurance Exchange. ((-J) YCMC shall apply for, obtain and maintain all licenses and permits required in connection with the operation and management of the Marina. Agency agrees to execute and deliver any and all application and other documents and to otherwise cooperate to the fullest extent with YCMC in applying for, obtaining and maintaining such licenses and permits but whenever possible all said licenses and permits shall be obtained in the name of Agency. When it is necessary that any such license or permit be taken in A name 1,17 rather than that of the Agency, YCMC agrees that such licens,.t or Permit shall bu held for the benutit of Agency, and YCMC shell claim no interest therein, and shall surrender sane to Agency or its designee upon the to rinination19of this Agreement. If, after due: diligence, YCMC is unable to obtain the necessary licenses C. U.'s and/or other hermits necessary to fully effectuate the purpose of this Agreement by July 1, 1982, this Agrue:n►ent shall be voidable by YCMC or the AgCiicy. In such event, any payments to the Agency made by YCMC as a .result of Par.igraph 4 shall be returned to it, but the Aye_ncy shalt not be required to ref -lid or reimburse, any other sums to YCMC U. 1MPROVLMLNTS TO '1111 P1<I:MJSI•:S (a) As an inducement to the Aguncy to enter ir►tc this Agreement, _'CMC agrees at its sole cost and expense to snake some permanent improvement= to the. Marina. su►eject to the ahE.>roval of the Agency's L•'x,,cutivc Director, YCMC shall make such physical improvements to the premises as it deems necessary to facilitate the successful operation of the Marina and related enterprises permitted hereunder. YCMC shall undertake tb cause wine to be made at its expense. All contracts and contractors utilized by YCMC shall be sub- mitted to the Executive Director of the Agency for approval. YCMC shill have no authority to cause any lien for work or niaterials to attach to the premises. YCMC covenants to tiu►uly pay its contractors for all. work performed by them. In the event any mechanic's or n►aterialrnen's liens are tiled against Lhe prumi,ses, YCMC shall :.;.misty !� ZA u or c�,u5e said lien or liens to be transferred to a I3or►d in accord- ance with applicable Florida Statutes within thirty (SU) days. Pri.ur to entering into any contract for imprc,veInu:nts, YCMC :;hall obtain and deliver to the A.,•en,:y a paymL-nt and herlur•n►allce bond substantially in tele furm.provided b% 1:,8 V. S. 255.05 assuring haymur►L of all c:oirLtactors, laborers and nmaterialmen. YCMC shall be responsible for obtaining all hurmits reyuirud in connec:Lion with any impr0veme_•r►t5 1 made by it to the subject premises. At the conclusion of tale t urm of this Ayreement, all permanent in►L'rovuments made by YCMC shall become the property of the Ayency as herein- above set forth, provided, huwever, that the Ayency shall have the right and option to require YCMC to remove any such improvements, and return the premises or any portion thereof to their condition as of the date of execution of this Agreement. (b) In the event of termination -of this Agreement air or before December 1, 19821 the Ayency shall reimburse YCMC for any and all improvements to the premises not to exceed $24,000.00. In the event of termination of this Ayrecment subsequent to December 1, 1982, the A(jency shall reimburse YCMC for any improvements to the premises to Lite extent of 1/14th of the total cost of such intpruvemj:nts, multiplied by the number of months (including any part of a given month) remaining under this AyreemenL (for example: Leasehold Improve►nents - $24,000.00 Ayreument terminated July 3, 1983 Months remaining 11- $24,000.00 x 1/24 x 11 = $111000.00 reimbursed to YCMC by Agency). 9. COMPL'NSATI ON . As compensci t i on to YCMC for the survicu5to be rendered, YCMC shall retain, after all expenses a►rd payments to the Agency as hureinabove set forth,, any ar►d all income: which might be- derived from tile- Marina .►r►d related enterprises permitted hureundur. 10. CONDITIONS Or OPERATION. Operation of the Marina - 10 - - 109 shall be: in conformance wiLh all conditiuns imposed by the State of rlorida and the Mariria license. 11. NO 1NDIV1UUAL LIABILITY: (a) No member, official, employee or consultant of the Agency or the CITY OF MIAMI BEACH shall be personally liable to the Manager, or any successor in interest in the event of any default or breach by the Agency or for any amount which may become due to the Manager or successor or on any obligations under this Agreement. (b) No officer, stockholder, director or employee of the Manager shall be personally liable to the Agency or successor on any obligation arising under the terms of this Agreement. 12. ASSICNMENT: This Agreement shall be non-assigil- able, except that nothing herein shall prevent the lease ut individual slips or granting of concession rights. 1:3. AUDIT: YCMC shall keep accurate records of its receipLa snd.expcnses and shall make same available to the Agency or its designee upon request at the Agency's offices. This covenant shall survive the expiration of the term hereof. 1.4. NOTICES: All notice_; shall be sent addres,-ed as follows: TO AGE"'ICY . Exuc:utive Director Miami Beach Redeve lopmern t Atjenc.y 335 Alton Road Miami Beach, Florida 33139 TO YCMC: c/o David N. Nevel, ]-squire 407 Lincoln Road - Suite 11-D Miami Beach, Florida. 33139 140 1 4 . ENTIRE AGItE1:14ENT , CAPTIONS: This wr i t i elg constitutes the entire agreement betwe=en the parties. Captions herein are solely for. convenience. IN WITNESS WHEPEOP, the parties he=reto 11 ,vu cause=d this Agree=ment to be executed on the day and year first hereinabove written. ATTEST: Secretary A T 1' LS'1' : Sec:retar7 ACENCY: MIAMI L CH REDEVE=LOP AGENCY a D `. Chairman '<J— YCMC : YACHTING CENTER MANAGEMENT CORPORAT 10N BY X Presi ent 141 State of Florida L RF.� DEPARTMENT OF NATURAL RESOURCES DR.. ELTON J. GISSENDANNER 3900 COMMONWEALTH BOULEVARD / TALLAHASSEE 32303 F.frtutivt Diw1ur March 4, 1982 Mr. Herbert Kay, Executive Administrator Miami Beach Redevelopment Agency 335 Alton Road Miami Beach, Florida 33139 Dear Mr. Kay: BOB GRAIIAM Governor GFORGE FIRI.SIONE Secretary of State JIM SMITH Aunrncy Gencral GERALD A. LEWIS Comptroller HILL GUNTER Treasurer DOYLE CONNER Commissioner of AEriculture RALPH D. TURLINGTON Commissioner of Education We are enclosing executed Easement No. 26214(3145-13) for your files. Sincerely, mtoAid- C. L0CM50e\- Gloria C. Watson Operations Section Bureau of State Lands Management Division of State Lands GCW/ps cc: Mr. George W. Koszulinski Mr. Terry Lewis, Esquire O{ 1,) F ADMINISTRATION • LAW FNFOR( L%11 NT • NIARINE RESOI RCES DIVISIONS / RECRE.4TIOY AND PARKS • Rl:SOI'KCF. AfANAGENtEN"1 • STA7F: LANDS A► 14 11 M rr � �•r rr r A r a � rr err rr rr r� BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND E A S E M E N T NO. 2 6214 (3145-13) WHEREAS, pursuant to application made by Miami Beach Redevelopment Agency for a submerged land easement over sovereignty lands held by the Board of Trustees of the Internal Improvement Trust Fund and said Board did on October 6, 1981, agree to the granting of same, THEREFORE WITNESS, THIS INDENTURE, made and entered into by and between the Board of Trustees of the Internal Improvement Trust Fund, as grantor, and Miami Beach Redevelopment Agency as grantee, does hereby grant unto said grantee, subject to the conditions hereinafter set forth, a submerged land easement for filling and construction of a rip -rap bulkhead on the following described land in Dade County, Florida to -wit: LEGAL DESCRIPTION (SEE EXHIBIT A ATTACHED HERETO AS A PART HEREOF) The conditions under which this easement is granted are as follows: 1. The rights hereby conferred shall be subject to (a) any and all prior rights of the United States; and (b) any and all prior grants by the Board of Trustees of the Internal Improvement Trust Fund in and to submerged lands situated within the limits of the right of way hereinabove described. 2. That no title to said land is conferred by this instrument. 3. That the above described parcel of land shall be used 14Z am Oft P= solely for the filling and construction of a rip -rap bulkhead and its maintenance In the event the land herein described shall cease to be used for said purposes then the easement hereby granted covering said land shall terminate without notice from the Board of Trustees of the Internal Improvement Trust Fund. 4. That the grantee herein will not, in the filling of said lands and the construction of said rip -rap bulkhead will not unduly interfere with public or private rights therein. 5. That the grantee herein shall save, protect and hold harmless the State of Florida and the Board of Trustees of the Internal Improvement Trust Fund from all damages and claims arising out of the use of said easement by the grantee or any of its agents, servants, employees or contractors. 6. That the grantee by acceptance of this agreement, binds itself, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the grantee, running with the land. 7. The easement granted to the name grantee shall not be transferred, without prior consent of the Board. TO HAVE AND TO HOLD said easement unto said grantee for the purposes herein set forth. IN TESTIMONY WHEREOF, the members of the Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their names and have caused the official seal of Page 2 of Easement No. 26214(3145-13) 14,3 EXHIBIT A ( PARCEL A, B, & C ) Legal Description of lands Easterly of the Westerly line of Block 111, Ocean Beach Addition No. 3, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida; lands bounded as follows: Parcel A: Bounded on the East by the Mean High Water Line at the face of an existing bulkhead, 5.70 feet Easterly of the Westerly line of aforesaid Block 111; bounded on the South by the Northerly 12.0 feet of Lot 40 of said Block 111; bounded on the North by the Southerly 12.0 feet of Lot41 of said Block 111; bounded on the West by the Westerly line of said Block 111; Also Parcel "B", bounded as follows: Bounded on the East by the Mean High Water Line of Biscayne Bay as shown hereon, said Mean High Water Line meanders along a line Easterly of the Westerly line of said Block 111; bounded on the North by the intersection of said Mean High Water Line with the Westerly boundary of said Block 111 at the Southwest corner of Lot 23 of said Block 111; bounded on the Southwest corner of Lot 13 of said Block 111; bounded on the West by the Westerly boundary of said Block 111; Also: A parcel of land located in South Beach Park, as recorded in Plat Book 6, at Page 77, of the Public Records of Dade County, Florida, hereon shown as Parcel "C", and bounded as follows: Bounded on the East by the Mean High Water Line of Biscayne Bay at the face of a concrete bulkhead, as shown hereon, said bulkhead being Easterly of the Westerly line of said South Beach Park; bounded on the South by a line parallel to and 158.5 feet, more or less, South of the North line of said South Beach Park; bounded on the West by the Westerly line of South Beach Park; bounded on the North by a line parallel to and 45.00 feet, more or less Southerly of the North line of South Beach Park: Parcels A, B and C contain 0.176 acres, more or less. Page 4 of Easement No. 26214(3145-13) 145 said Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed in the City of Tallahassee, Florida, on the 1st day of Marr•h A. D. 19_x_. SE BOA D -�',; TRO'SEES Governo 1b � OU MND: A W; A Secretfry Of St'afe • za Att ey Genera rt:omptro ler . 17C•4 Treasurer 1j ommi stoner of Education COMIT(issioner of Agriculture As and Constituting the Board of Trustees of the Internal Improvement Trust Fund This instrument was prepare by: Gloria C. Watson Department of Natural Resources 3900 Commonwealth Blvd. Tallahassee, Florida 32303 Page 3 of Easement 146 No. 26214(3145-13) pl000 y� LAW OFFICES �LiC�LVI �v DUBBIN,BERKMAN, DUBBIN & GREENFIELD A PARTNERSHIP INCLUDING A PROFESSIONAL ASSOCIATION 444 BRICKELL AVENUE MIAMI, FLORIDA 33131 1000 RIVERGATE PLAZA TELEPHONE (305) 373-3606 ••\•LI � VL. ' LI March 25, 1983 Ms. Lucia Dougherty City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL Re: South Shore Marina License Dear Lucia: I am enclosing a copy of the letter of March 23, 1983, from Terry Lewis, responding to my inquiry to him of March 15, 1983, which I apparently did not send to you and therefore enclose now. According to Terry's letter, a license has never been actually issued by DNR due to uncertainty as to whether the City or MBRA was to become the licensee. I am satisfied that the DNR considers the City's occupancy of the land to be lawful and proper since the Governor and Cabinet very clearly directed them to issue the license, however, as per Terry's letter, he is requesting the issuance of the Lease and Easement be directed to the City of Miami Beach. Best wishes, blt1� MURRAY H. DUBBIN MHD:rc Enclosure i 1983 147 � r = M MESSER, RHODES & VICKERS A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS SUITE 701, LEWIS STATE BANK BUILDING POST OFFICE BOX 1876 TALLAHASSEE, FLORIDA 32302 -1876 TELEPHONE (904) 222-0720 JAMES ELLIOTT MESSER ROlIERT M. RHODES, P. A. CASS O. VICKERS DOMINIC M. CAPARELLO, P. A. MITCHELL B. NAIGLER, P. A. JOHN H. FRENCH, JR. JOHN C. LOVETT N. MICHAEL MADSEN. P. A. ROBERT S. GOLDMAN TERRY E. LEWIS Murray H. Dubbin, Esq. Dubbin, Berkman, Dubbin & Greenfield 444 Brickell Avenue 1000 Rivergate Plaza Miami, Florida 33131 March 23, 1983 Re: City of Miami Beach Marina License Dear Murray: You are correct in determining that an actual executed marina license and easement has never been provided to the City of Miami Beach. JAMES C. HAUSER ROBERT SCOTT COX ANNE LONGMAN CHERYL L. GENTRY RENT R.PUTNAM DAVID H. BURNS If you recall, we determined at one point to transfer the marina and the marina license and easement to MBRA as the operational entity. I made the request to the Department of Natural Resources for the transfer. (correspondence attached) As you know, it was incumbent upon the City to provide an assignment of the license and Miami Beach Redevelopment Authority was required to provide an assumption. These documents were never executed. Hence, inasmuch as the Department of Natural Resources did not know to whom to issue the license, a license has never been issued. At this point, the agency is.substituting leases for licenses as they come due. I presume you simply desire the lease and any required easement authorization to be executed in the name of the City of Miami Beach. I am therefore requesting Ted Forsgren take action as soon as possible on this matter. 1js Murray H. Dubbin, Esq. March 23, 1983 Page Two If you have any questions concerning this letter, please let me know. TEL/cat Enclosure r Sincerely yours, err Lewis 119 JAMES ELLIOTT MESSER RODENT M. RHODES, P. A. CASS D. VICKERS, P. A. DOMINIC M. CAPARELLO. P. A. MITCHELL 0. MAIGLER, P. A. JOHN N. rRCNCM, JR. JOHN C. LOVETT M. MICHAEL MADSEN R00ENT S. GOLDMAN TCRRT E. LEWIS LAW OFFICES MEssER, RHODES & VICI(r Its A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS SUITE 701, LEWIS STATE BANK BUILDING POST OFFICE BOX 1070 TALLAIIAssEE, FLORIDA 32302-187G TELEPHONE (904) 222-0720 July 15, 1982 Lucia Allen, Esquire City Attorney, City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Miami Beach Marina License Dear Lucia: an w = M JAMES C. MAUSCR ROBERT SCOTT COI ANNC LONGMAN CHCRrL L. GENTRY As requested, I am enclosing a copy of the license to be granted to the licensee for operation of the Miami Beach marina. (Attachment #1) Additionally, should your files not contain the ori- ginal license, I am including that license along with the DER construction permit for the project (which is referenced on both the new and the old license) and a copy of the pertinent portion of the Trustees of the Internal Improvement Trust Fund minutes of June 18, 1974 approving the license. (Attach- ment #2) You may find this information helpful in comparing the two instruments. In discussing the procedure for transferring the licenseto MBRA, Dan Penton, Administrator, Operations Section, Bureau of State Lands, states that it is unnecessary for the City of Miami Beach to execute the new license. Under the circumstances, all the city need do is execute the assignment of the license and have MBRA execute the assumption. I will be happy to hand deliver the executed instruments to Mr. Penton. His section will then prepare the license 'instrument for execu- tion by MBRA and the individual members of the Trustees of the Internal Improvement Trust Fund. • I trust this information is sufficient for your pur- poses. If I can be of further service, please let me know. Sincerely, TEL/csr Terry E. Lewis Enclosures cc: Murray H. Dubbin, Esquire t-' Mr. Gideon Kellerman -F iso STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTE'R,1AL IMPROVEMENT TRUST FUND STATE MARINA AND COMMERCIAL DOCK FACILITY LICENSE No. ML -13-39-1462 (Modified) Expiration Date June 18, 1982 THIS LICENSE issued to CITY OF :4IA.�II BEACH pursuant to action on June 18, 1974, as amended on June 16, 1981, by the State of Florida Board of Trustees of the Internal Improvement Trust Fund, hereinafter referred to as the Board and the CITY OF MIA14I BEACH hereinafter referred to as Licensee. WITNESSETH: That for and in consideration of payment of the annual fee hereinafter provided for, and the other terms and conditions stated herein, the Board does hereby license and permit said Licensee to construct, install and operate exclusively a marina and commercial dock facility upon sovereignty lands more particularly described as follows: A portion of land lying West of and adjacent to Block 111 of OCEAN BEACH, FLA. ADDITION NO. 3 according to the Plat thereof as recorded in Plat Book 2, at Page 81 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 1350.00 feet, more or less, to a point on the East line of Block 90 of.aforementioned Plat; thence run -S 00°30'00" E along the East line of Blocks 90, 89, 88, 87, 86, 85, 84, 83, 82, 81, 80, 79, and a portion of Block 111, and along their extensions for 5207 feet to the Southeast corner of Lot 1, Block 111 of said Subdivision; thence run S 89°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 Tract of land hereinafter described; thence run N 32000100" W, 300 feet west of and parallel to the Westerly Right of Way line of Alton Road for 2160.00 feet to a point, thence run N 25°37'26" W for 335.62 to the Northwesterly corner of a Lot designated 50-C on Sheet 8 of City of Miami Beach drawing of, aforementioned Plat; thence run S 58100100" W at right angles to said Alton Road for 600.35 fe-et to a point; thence run S 32000100" E for 1254.00 feet to a point; thence run S 58000100" W for 150.00 feet to a point; thence run S 32°00'00" E for 500.00 feet to a point; thence run N 58100100" E for 150.00 feet to a point;.thence run S 32000100" E for 772.00 feet to a point; thence run S 67°36'06" E for 400.38 feet to a point; thence run N 58000100" E for 330 feet, more or less to other land of the City of Miami Beach; thence run N 32°00'00" W for 358 feet, more or less, by other land of the City of Miami Beach to the, Point of Beginning; containing 1,642,970 square feet (37.72 acres), more or less. SEE CONSTRUCTION PERMIT FOR STIPULATIONS AND SECTION ONE OF LICENSE. 1/21/74 ATTACHMENT #1 151 © L a M M Ir I TO HAVE THE USE OF the herein described premises for a period of one year from June 16, 1981, the effective date of this License. The terms and conditions on and for which this License is granted are as follows: Section 1. As consideration for License to use state lands, the Licensee agrees to pay to the Board the greater of $100 or $0.02 per square foot of sovereignty lands occupied as hereinbefore described, conditioned upon Licensee's faithful performance of the terms upon which this License is given. Fee waived with the requirement that the marina facilities be available.for use by all local and state citizen on a first priority use basis, and upon renewal in 1985, the licensee shall commence payment of the then applicable rental fees, which shall be subordinated to the then existing bonded indebtedness. Section 2. The Licensee in accepting this License does hereby agree that no claim of title or interest to said lands hereinbefore described shall be made by reason of the occupancy or use thereof; that all title and interest to said land hereinbefore described is vested in said Board. Section 3. The License granted to the named Licensee shall not be transferred, without prior consent of the Board. Section 4. The Licensee agrees that upon expiration of this License, unless renewed, all permission granted to use, occupy and operate a marina or commercial dock facility upon the hereinbefore described lands shall cease and terminate. Section 5. This License shall be renewable annually if the Licensee has complied with all the terms and conditions of this License, including payment of the annual license fee. The License fee for renewal shall be no less than the original fee. The Board shall not increase the License fee by more than 10% in any one renewal term. Section 6. The Licensee shall be allowed a 90 -day grace period after expiration of this License to renew the License. If.the Licensee fails to renew within the grace period, he shall vacate the licensed premises and remove all structures and equipment occupying and -erected thereon at his expense. Section 7. If the Licensee declines or fails to remove said structures and equipment occupying and erected upon the licensed premises, within 90 days after expiration of this License, such structures and equipment will be deemed forfeited by the Licensee, and may be removed and sold by the Board after 10 days' written notice by certified mail addressed to the Licensee. Section 8. Any costs incurred by the Board in removal of said structures and equipment shall be paid for from the proceeds of sale of such structures and equipment. If funds derived from sale of structures and equipment are insufficient to pay costs of removal, the Board shall have, and is hereby granted a lien upon the interest of the Licensee in the upland enforceable in summary pro- ceedings as by Law provided. Section 9. The Licensee shall hold and save the Board, its representatives and designated agents harmless from all liabilities, claims and demands whatsoever arising from the installation, occupation and operation of the licensed facility. Section 10. No License is given to use or occupy the licensed premises for any purpose other than herein specified, nor Page 2 of State Marina and Commercial Dock facility License No. ML -13-39-1462 (Modified) 15;c; to permit the sante or any Dart thereof to be used or occupied for any purpose or bu-siness other than herein specified, nor to knowingly Kermit or suffer any nui- sances or illecial operations of any kind on the licensed premises. Section 11. The Licensee agrees to maintain the licensed premises in good condition keeping the structures and equipment located therein in a good state of repair in the interests of public health and safety. Section 12. No failure, or successive failures, on the part of the Board to enforce any provision, nor any waiver or succes- sive waivers on its :part of any provision herein, shall operate as a discharge thereof or render the same inopera- tive or impair the right of the Board to enforce the same upon any renewal hereof or in event of subsequent breach or breaches. Section 13. The Licensee accepts the provisions and conditions herein and if the Licensee fails or refuses to comply with said provisions and conditions, this License may be revoked by the Board, upon thirty dZtys' notice in writing to the Licensee and an opportunity for hearing thereon is afforded. IN WITNESS WIILRLOF, the members of the State of Florida Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their names and have caused the official seal of said State of Florida Board of T'rustc:es of the Internal-improvonient Trust Fund to be hereunto affixed, in the City of Tallahtissu:2, florid., on this the day of `— ----- , A. 1). 19 (SEAL) STATE Or FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVL'NILNT TRUST FUND ACCEPTED this day of CITY OF MIAMI BEACH LICENSEE By Name and Title ATTEST: tc;orporate Seai) 19 Governor Secretary of State Attorney General Coriptrol ler Treci s,u rer — ---- C:ruttissioner of Education Commissioner of Agriculture As and Constituting Board of Trustees of ment Trust Fund the State of Florid: the Internal Impro% Page 3 of State Marina and Commorcial Dock Facility License. 15: No. ML -13-39-1462 (Modified) .. I STATE OF FLORIDA BOARD OF TRUSTEES OT THE INTERNAL IMPROVEMENT TRUST FUND STATE MARINA AND COMMERCIAL DOCK FACILITY LICENSE No. ML -13-39-1462 Expiration Date June 18, 1975 THIS LICENSE issued to CITY OF MIAMI BEACH pursuant to action on June 18, 1974 by the State of Florida Board of Trustees of the Internal' Improvement Trust Fund, hereinafter referred to as the Board and CITE' OF MIAMI BEACH hereinafter referred to as Licensee. WITNESSETH: That for and in consideration of payment of the annual fee hereinafter provided for, and thq other terns and conditions stated herein, the Board does hereby license and permit said Licensee to construct, install and operate exclusively a marina and commercial dock facility upon sovereignty lands more particularly described .as follows: A portion of land lying West of and adjacent -to Block 111 of OCEAN BEACH, FLA. ADDITION -NO. 3 accroding to the Plat thereof as recorded in Plat Book 2, at Page 81 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 1350.00 feet, more or less, to a point on the East line of Block 90 of -aforementioned Plat; thence run S 00°30'00" E along the East line of Blocks 90, 89, 88, .87,* 86, 85, 84, 83', 82, 81, 80, 79 and a portion of Block 111, and along their extensions' for 5207 feet to the Southeast corner of Lot 1, Block 111 of said Subdivision; thence run S 89005100" 1.1 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 Tract of land hereinafter described; thence run N 32°00'00" W, 300 feet west of and parallel to the Westerly Right of Way line of Alton Road for 2160.00 feet to a point, thence run N 25°37126" W for 335.62 to the Northwesterly corner of a Lot designated 50-C on Sheet 8 of City of Miami Beach drawing of aforementioned Plat; thence run S 58°00100" W at right angles to said Alton Road for 600.35 feet to a point; thence run S 32000100" E for 1254.00 feet to a point; thence run S 5800' 00" W for 150.00 feet to a point; thence run S 32°00100" E for 500.00 feet to a point; thence run N 58°00'00" E for 150.00 feet to a point; thence run S 32°00'00" E for 772.00 feet to a point; thence run S 67°36'06" E for 400.38 feet to a point; thence run N 58°00'00"'E for 330 feet, more or less to other land of the City of Miami Beach; thence run N 32" 00'00" W for 358 feet, more or less, by other land of. the City of Miami Beach to the Point of Beginning; containing 1,642,970 sq. ft. (37.72 acres), more or less. SEE CONSTRUCTION PERMIT FOR STIPULATIONS AND SECTION ONE OF LICENSE. 1/21/74 . ATTACHMENT #2 iw l� r• r v �r c� � rr� � w � � TO HAVE THE USE OF the herein desc_ibed premises for -'a period of ,one year from June 18, 1979 l the effective date of this License. The terms and conditions on and for which this License is granted are as follows: Section 1. As consideration for License to use state lands, the Licensee agrees to pay to the Board the gre4ter of $100 or $0.02 per square foot of sovereignty lands occupied - as hereinbefore described, conditioned upon Licensee's faithful performance of the terms upon which this License is given. Fee waived with the requirement that the marina facilities be available for use by all local and state citizens on a first priority use basis. Section- 2. The Licensee in accepting this License does hereby agree that no claim of title or interest to said lands hereinbefore described shall be made by reason of the occupancy or use thereof; .that all title and interest to said land hereinbefore described is vested in said Board. Section 3. The License granted to the named Licensee shall not be transferred, without prior consent of the Board. Section 4. The Licensee agrees that upon expiration of this License, unless renewed, all permission granted to use, occupy and operate a marina or commercial dock facility upon the hereinbefore described lands shall cease and terminate. Section S. This License shall be renewable annually if the Licensee has complied with all the terms and conditions of this License, including payment of the annual license fee. The License .fee for renewal shall be no less than the original fee. The Board shall not increase the. License fee by more than 10% in any one renewal term. Section 6. The Licensee shall be allowed a 90 -day grace period After expiration of this License to renew the License. If the Licensee fails to renew within the grace period, he shall vacate the licensed premises and remove all structures anal equipment occupying and erected thereon at his expense. Section 7. If the Licensee declines or fails to remove said structures and equipment occupying and erected upon the licensed premises, within 90 days after expiration of this License, such structures and equipment will be deemed forfeited by the Licensee, and may be removed and sold by the Board after 10.days' written notice by certified mail addressed to t -tie Licensee. Section B. Any costs incurred by the Board in removal of said structures and equipment shall be paid for from the proceeds -of sale of such structures and equipment. If funds derived from sale of structures and equipment are insufficient to pay costs of removal, the Board shall have, and is hereby granted a lien upon the interest of the Licensee in the upland enforceable in summary pro- cecdings as by Law provided. Section 9. The Licensee shall hold and save the Board, its representatives and designated agents harmless from all 118bilities, claims and demands whatsoever arising from the installation, occupation and operation of the licensed facility. Section 10. No License is given to use or occupy the licensed Premises for any purpose other than herein specified, nor 255 CC' of State Marina ant! Commercial Jock rtlCility License to permit the same or any part thereof to be used or ` occupied for any purpose or business other than herein specified, nor to knowingly permit or suffer any nui- sances or illegal operations premises. of any kind on the licensed j Section 11.�'Th e Licensee agrees to maintain the cened in good condition keeping the structures lands equpremises ipment loc,,ted thereon in a good state of repair in the interests of public health and safety. • Section 12.' No fa'ilure, or successive of the Board to enforce any provisionalnor eany owaiver n the portsuccessive 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 Board to enforce the same upon any renewal hereof or.in event of subsequent breach or breaches. Section 13. The Licensee accepts the provisions and conditions herein and if the Licensee fails or -refuses to comply.with. said provisions and conditions, this.License may be revoked by the Board, upon thirty days' notice in writing to t -he Licensee and an opportunityfor hearing thereon is afforded. IN WITNESS WHEREOF, the members of the state of Florida Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their -names and have caused the official seal of said State of Florida Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed, in the City of Tallahassee', Florida, on this the of day • , A. D. 19 (SEAL) STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ACCEPTED this' day of tsy Governor -Secretary of State Attorney General Comptroller 19 Treasurer CI'T'Y ,OF MIAMI BEACH LICEt:SEE Name and Title 6YTEST: Commissioner of Education - Commissioner of Agriculture As and Constituting the.State of Florida Board of Trustees of the Internal Improvement Trust Fund (Corporate Seal) age 3 of .Fate Marinr. and Cor.-lercirl Dock t; (.i cense �. '41._ 13-39-1462 M r rr rr rr rr r r cs rr� rr rr rr a rr • `. �.)'� •^ . CP -13:39-1401 Jure 25, J1974 . ^ J'J �a .l �:. � .�. .. � : vi �l •.J,J .,.'� 1.'lil;..1 l.'!• .'��• (�•�.� .:Ir .. !.. � J(.1 /'. :111 :'i .:i l (•� (�. .\ �, Irl♦, :, r. -1\' :•��!:, _.-vA!;.I vc.i. 111:': li):'i, L. ::t Ilil.'� ))...:1 ! •s::._ .. l• . '). I:• .i I1,., :!1•.:,. t:.('lllt... f A�.'. .,. ;J 1:.:(: cC 1:1 tl.(`. 1.::\•`• 'lL:. \i ::I Cli :Ili 11i'1:1:) .:)i ::(i\'1 lCi, l:ii.:: l;♦ i•.:iJ1"' �,. C' 11.:-i! .,. '1 III'. ..1' .:l :�1^1.'• 1�':1 I'.....•'/)1 _ l �.''C'�1. li•it-1♦VI.S iC.:)li �I:►ti :_ .l !:i; .. i �ij i.... a,i •" 1 ,' :!'.. �'', lli, '.t:::(R of i 1.':1:� J:..:�:1 (�. '�Jll;tl:'b G: 1i:i: ,)l::i:(il'iI hr.provt,.11.-o I: T1'tl••i 1'►:l:il. C: c-7-): .i•t .•) Ji:1�) II a I►. i •!�:Ci.:lt (11 (:.... i• .iJ ). :!.\•, ...:.i, 1f:.:Ci:�;, 1:I::iC )'2 \:,:IL':L 1:t�:7.':"•::al, 1 o� t)')�:: C:i C1�.ail'•:�1:.:1� .-_...-- C ITY OF _ I`'JZAMI_ BEACH_ c/o Greenleaf/Telesca Engineers_-____.___.______--___ 1451 Brickell Avenue.,. Miam.i,_..Elorida 3313L-------•.;---- -•---- C.Piers %: I): I)y i:.. (:\"1.:':, ):'1•_ !r. :i_"y �t v-,•;.!::v:'_.1)� I': ta'.:':....•J:. t ... :.7 81Y� Ut.ti': l'::C �: ..:U=..i; �:,♦::,, l�^,:�:I .::± lY -7 1:._:!1:1(': f t..,, 1:� ...:. .(•..\.• � i.. ...0:i Gl' li:•' , l:•-.C•.t_•.q :P:GiI:)::ti llt):+ :II for TuCll'u::.T (. (i7i;a1:_.i�7O:1S /1:' CiU�:::� \:A:II:t 1•'.'. (:)1::i.:;•:i .^.SSiiilCt::i'C. D. lntcn'r(I r -- .- Public Marina • - _ ------------_ _-. _.. I:. 3 _ ,il)54 S�il ._. It '\ Conty Dade_ --- -- :,. it. T).;., r:�r,..Lir �, �,.. c.:.�.:\1•r).T� t;ro:\ 'j'jn ror..,.oti,Ll co,'::''!•lo,•:.,. A. lhi; or )UIIL,;W) V.11'. t):P 11. Tlln ll:)[ inuinve L•117T in, 7 evc; \v; 0 1 1a))' pnIU1:C )i��i)i3 U!' • C. 'I') n }II:'-ifl)i:in-,, ":: '!i 1:1 11:1 \:: j' o -h -11C.! C" :))':i'a' ti):- fr4id ir::fuC (if tl/? ' ncy:tl psb1%: Ocinr :4th the 11-c:1 flili!.!lly' O iCiai L : i:):J t,3C �ia::::'' !I:�yli '•�::�:'C �:1'.�' D. ) 1:., 1:: i,l :,�i',Gi. !.((:::' (`:iCC: \::i:l 1:):, f':!I:':��::� 1�,:-.l). fTl t�'� C'i::il. n ::�rll(':aT:: i.: l•.'::It' , ;. c: : I 1-.n . r..':.is.11...t:� ri i.l'. : ♦:'l:li; \'�;i:::,::: s rlc::: s::::: 'y}:'i,::i� c'i \.�;:, .:i :';'P-o\::i UU), l):+11'+•.1 'l.i )/C'i'..'a :I1.^.:: :i:i:(1:)'.:'�i:..I.• 1... ... 11 IC'ml:I ?.tt::i�.(.: );,Oma. .. i7 ]'....:i.:)! Lty til:, l;... c+/; )'/J:1I.`. )1:)^:0tit' rd',it•C: (A I1:i: )li:�ii(1 ,'(:.:1(11t '�:'J L':Y )•1'i\�I .l 1. ...:.11:ll.. •: '✓ 1. .<). %.: ('i [r 1 l • T.. ') )il$ : ll:.:il: 1: ....;1•) 1.I:.:1) 1' :i li: C:,:1\. Willi ^S :! \•::'•'SCC (-l! t,is l l';ia?' C+� t,(C �.i:It.; l.1' )')�: ::1:. i`a.11(I (!' '!•i :: : . Of til: )1(:,1,:a ): :.t �:IJ� )'j11.(! Ur't'l( l (1',1:'.i:l`: )'1 t :.t'.,:.:�'i.fl ):.ai.: ..� ♦♦'i: Il;• t:ic. :•. .. . •.�• . \ '�+ .• �1\l:l) )• :".'1 iti C. j! f!::il fl(':.) 1'.'� :�.:..:♦\o' 1.•:�'. l.. r. 1 )1•� )♦l'l l' :+t l�f.. _ 11ti1: ) .. 1.1; 1 10::.:. . : t: ) nt7..1'i I':q' :Il.•li Ii::'... .:i)' (.i C:.11l.ti 1:I�:CC \'ii.il ::ll '.y.,•ll::(i... )(.:.�� )::Y: :� 111Ui:l:u:.^.:'S� J/:. :-(l:,li. (:T f.i� :'.• .1• :cilli: � C. '1 )+C \•:f'1�. (:...'i'. ) :11 1.. i♦1 ''..:i ':�1: 11 )1^ --3.-yrs • i:.1:.: l .a:, Ot (+t )'tC:.:�.1 )i'1:'1U (�� 'l•i :1 .i. .. 11: t•:C: )1::♦:11.•I 1.1'•:'.:-il':l ..1: ai '1 I o-zi 1•, va; I:..-�1 .-v. �.'1 .. �:\ c _ (: )r .,'1::':.. t�i:t r::1: t f .::, . ')moi 111:. . :� :(:. )' :Ij :. 1 ,•.• 'l., )�•+.'1:? ( 'I':•' :.. f i .�•I 1...1 J: :�♦'..\'l. .I'. l ',•I.1'.. i�1:.:1 1.. .:)'<..lii.'!' C'i 0:•:1'•.. .:,♦.i:�� 11:..(1 !'•�::'... •. 1•: .11: , t•t'..a':.. 111: 2 tl:•. l:...:1: 1:... 1' ... ).... i l::/ ). .....' ► .:t) � ') a • _ . _.. _...� _ _ 1' • ► (1: .__. _ -- -..._ -. --_ _._. _ _..- � :• ... .. :1; 157 � r r r rr �■r � rr of • •etc .nd kne i�•�.�1 dc-sai i;iou , f- I of a},71ici nC, r.�,tC, iocluding :.ZLiJ.�, to....,hi}�, anel rano e; if in pla;te•d sul> sision, cite name :,rd },tide c,J rc.ore:, nud �. j:;tit- copy 'of ,^jIx %kion p.. -M . L. IVO priuts of tnnp S" x 101.i" i.t Si7r, shOWin": I. Appli..ma's upland botttidarics and -c.itrrfrolit n pit;oximate sh_.c'inc tv sit :_est 350 feet c:ta" Sid: :.nd altpro).irtt--de location of all cxisliu}; clpcl:s, liters, ctc. , £. Loca;ian of p:oposed stn,ehucs. Shlictwes should extend at-npp.-oxi,•intc rig) -it aorles to the gr.n^rel con ftiutrs:;on of the shoreline ar li:� Iowa- :' in the midcl)e one-third of the applicant's viatcrfront:. 3. Construction Antis of structure (For commercial clock mercias: permit, either the SL*-)* of a 11orida rc, istcrccd civil engineer or ;architect must be n Oxed to plans, or a statement by the city or county engine-: tv thc*c�Tect that Klaus have been revic%ved as to structural design and he find's such to be b:,red on sowed cL,innerin- practices). All struchires authorized tinder this permit must be supported by open trestle or p";--; and must riot include solid fill or solid f:.cc con-bructicn. Solid fill structures (}groins, revetments, nioic-) su,• under the jurisdiction of the Dcp,-atmeot of Ilatural Iiesotirces, Bureau of Bcaclics and Sl,ores,. J. U'dwin Larson Building, Trdlahassec, Florida 323al. C. games and eddrerses of•rdjaining waterfront upland awliers wiih statement signed by each to div erect that they here -re%•ictved tl.c plans and have no objcctians .10 the propo;.d construction. If e,ritten con.ciA can- not be obtained, applicant must provide an explanation. Review of objections and final decision wiil Ur. made by t:,e Stnte of Morida hoard of Tnistees of the Internal Improvement Trust Fund. D. Processing fee: $1C0 for comme.— ial. 2 S D • (� for private. • E. If application is being made by agent for applicant, letter dated and signed by app]icant audwrizin" said • agent to act for him. Meas to be dred,7^.d to improvenavigabdity requires a separate }-emit. Application for p^rntit must con - Iain the fo)lowing'information• �_ (a) Namc and address of applicant: (b) Twenty-four prints of map of project location prepared by a Florida rcnistcred land surveyor or engi- nccr. Map shall identify loca'ion of dredge arca; existing depols.st mean low water, duneusions of prn- pasod c11t; location or arca where dredge material \vUbe dcpcsited and prescnt mc.1n )ugh water )i!:c. Lica filling of lr-ncls sibm;.rgcd ' at mcan 1,1gh %vatcr nany be done wader t:a map; (uu7,i,1;;.3 m :v be copies of map filed s•401 th!, U. S. Army Corps of Enguiccrs in ob-tF.ining Department of Army pe- wits if such maps comply sti•ith Trustees' regaireme:nts herein cited; (c) Applicant's s0temcnt as to purpose for dredgii,g; i (d) Evidence of uplP.nd ormership or otbe= interest in upland ripar.'an to project; (e) Names emd addresses of ad ,,mat upland rlpzricn oxvncrs. (f) A bUological :atrvcy rercrt prc .:tr13 by o: under super inion of tl:e Dcoxt_nent� of ]dahirtl Iicsaurcc•s is M1114cd. The cos: fur this s:trvcy is Y100.03. Checks in p:!)-ncr,t s;,ould be mac'.e p :1 Jule to tl,,� r)c- partrnent of Natural resources. SUBJECT Tb THE FOLLOWING STIPULATIONS: 1) The entire breakwater structure be eliminated from the•project and any future designs for breakwater structures must have the benefit of review by the Departmont of Natural Resources' coastal engineer; -2) The annual marina license fee of $32,859.40 be waived with the requirement that the marina facilities be available for use by all local and state citizens on a first priority use basis; 3) Water quality certification as issued by. the Department of Pollution Control. 158 rr r r rr rr �r :] r= r r m r co , s rl_ S► t 6 0 r0 �_ EC[a><wttCe C STI. coo • Z59 ',w '' • • � � - • _ _ :�'.".: iii._ • :.�.";�:�:•:.1 ..........r. 't"'.�� • � ' :'; , t.-, --- 'SSc,-r 10 P��� _ • .:: - .:� _ `' 14 410,01 - 30 u.c�16 �� _• M ` •� • - j lit too I. co,IO. o � (FGGA51 • S�tib -� .� ----- --_-_.SSG-i IG�i • ��1�,� _ - =-. N,IAh11 B ACH MA?!NA ' wp SEC. J TW? 53 - PJ,.NG: 42 • t LISCJ.YNE SAY ,DADE CO. iLA_ AP?UCA\T: CITY � MLL ::I EEA FRE?ABED SY: /�•...! li. ': •.�� • (btA: R.P.E • NO • JAN.. 1974 .. r • • ' �,tt r t_T -2 c I ........ •-1.•\♦_.-.M'h1♦.ww.... r... -.. ....... .. .rr_. ♦. t � _ ,. �:1. ... .. v♦n ..a ♦ ., . ........ .. :....\r. ._ ..y...r.r.-.. w••. •�... STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION PE'RMIT/ CERTIFICATE: NO: 13-39-1462 APPLICANT: City of Miami Beach COUNTY: Dade c/o Greenleaf/Telesca TYPE: Construction (Modificatic 1451 Brickell Avenue DATE: September 15, 1975 Miami, Florida 33131 This Permit is issued under the provisions of Chapters 253 and 403, Florida Statutes, and regulations of the Department of En- vironmental Regulation. Also, this either certifies, pursuant to Public Law 92-500,. that the project described below and de- limited by the stated stipulations will comply with the appli- cable water quality standards of the .State of Florida, or waives water quality certification when stamped appropriately. The applicant is required to notify the Department of Environ- mental Regulation District/Subdistrict Office before beginning any work covered by this Permit/ce rtificatign . Furthermore, this Permit authorizes the above named applicant, hereafter, called Permittee, to perform the works shown on the sketch at- tacked hereto and made a part hereof, more. particularly des- cribed as follows: PERMITTED: To construct 12 finger piers 300 ft. _ log by 8 ft. wide, a fuel dock 340 ft. long, a concreta dock 330 feet long by 10 ft. wide, a bridge 450 ft. long by 24 ft. wide, occupying 1,642,970 square feet of sovereignty land and creating 432 boatslips. MODIFICATION: To eliminate the concrete dock and the bridge and to construct 490 'feet of dock/bridge, 370 feet of breakwater/bridge and 3,262 feet of breakwater. LOCATION: Government Cut, Biscayne Bay, Miami Beach, Dade County, Section 31 Township 54 South, Range 42'East, in Biscayne Bay -Card Sound Aquatic Preserve A-14. PARTICULAR STIPULATIONS: 1. Water quality within the marina shall be maintained as Class III in accordance with Florida Administrative* Code, Chapter 17-3j and 2. There shall be no edging. GENERAL STIPULATIONS: , 1.. The proposed work shall be done in the area designated • on the attached map and shall be conducted in compliance with the drawings which are a part of this Permit; 13cZxx2mxxi :ixxrnt v.RicX s+�cx at�exxxi�:? �xst3tdtx x� rxit3e�x��xi��xtx� �xi:xxz x�Rmx�r i.xE�sc3axx k�cRl�x Z.klt4tR£Stxb:RxS�Rx��tF.x.R�t� 2. Material removed in construction shall be placed upon the adequately diked spoil disposal area or areas designated on said map. 3. Under no circumstances shall the Permittee .remove more. material than authorized by this Permit without specific approval of the State of Florida Department of Environmental Regulation. 4. This Permit conveys no title to land or water, and does not constitute authority for the reclamation of water bottoms un- less herein provided.' 5. Extreme care shall be exercised to prevent any adverse or undesirable effects from this work in the property of others. This Permit authorizes no invasion of private property or rights in property. 6. This Permit is granted subject to the rights of the United States in navigable water, and shall be subject, further to the rights of the public in boating, bathing, fishing, and other rights for which purposes the waters and submerged land thereunder are held by the State. This Permit does not relieve the Permittee from the requirement of obtaining a permit from the U. S. Army Corps of Engineers nor from necessity of compliance wiby all applicable local laws, ordinances, and zoning or other regulations. 7. Permittee, in accepting this Permit covenants and agrees to comply with and abide by the provisions and conditions herein and .assumes all responsibility and liability and agrees to save the State of Florida Department of Environmental Regulation harmless from all claims of damage arising out of operations conducted pur- sun nt to this Permit. 6 K. Permittee, in accepting this hermit, agrees to allow any duly authorized representative of the Department or duly impowered law enforcement officer to enter upon the premises associated with the work authorized by this Permit for the pur- pose of ascertaining compliance with the terms of this Permit and the rules and regulations of the Department. This Permit shall become effective upon acceptance by the Permittee and receipt of the executed copy by the State of Florida Department of Environmental Regulation. Upon completion of the work au- thorized by this Permit, the Permittee shall return the Permit Placard to the Department of Environmental Regulation, Division of Environmental Permitting, 2562 Executive Center Circle East, Tallahassee, Florida 32301. 9. The Permit Placard shall.be'posted in a conspicuous ri place -othe equipment being used, and the Permit shall be readily available'at the project site to all duly constituted law enforcement officers having jurisdiction' and Department of Environmental Regulation representatives. 10. This Permit expires three years after receipt by the applicant of all governmental authorizations, state and federal. The Department may revoke such construction Permit if the.appli- cant fails to use diligence in obtaining such required govern- mental authorization. 11. Permittee, in accepting this Permit, agrees'to cease all work under this Permit upon receipt from the Department of notice of the filing of an appeal with the Governor and Cabinet pursuant to Section 5(l), Chapter 75-22 (Laws of Florida, 1975). Permittee further agrees not to recommence work under this Permit until final disposition of such appeal has occurred. 12. This Permit/ Certificate is issued in instances where the proposed work will not degrade water quality. 13. Monitoring Required by the Applicant Description Frequency Turbidity Prior to and during construction Dissolved Oxygen, Total Nitrogen, pH, Te.znperature . rind Total Coliform Group Bacteria using STandard Methods The Permittee is hereby required to notify the Department of Environmental Regulation's District/Subdistrict Office of - the schedule of the project before beginning any work covered by the Permit/ Certification . Determination of the testing sche- dule and locations shall be coordinated with the Department of Environmental Regulation's District/Subdistrict Office. 19. Effluent Limitations -'This Permit does not authorize the Permittee to violate any water quality standards as specified i.n Chapter 17-3, Florida Administrative Code, including but not* limited to: paragraph 17-3.09, Criteria: Claeys Iii Waters - Recreation -Propagation and Management of Fish and Wildlife and Paragraph 17-3.05, Water Quality Standards) Spocitics. Turbidity shall not exceed fifty (50) Jackson Units as related to standard candle turbidimeter above background. THE PERMITTEE, BY ACCEPTANCE OF THIS PERMIT/ CERTIFICATE , AGREES TO ABIDE BY THE STIPULATIONS AND CONDITIONS CONTAINED HEREIN AND TO PERFORM THE WORK IN STRICT ACCORDANCE WITH THE PLANS AND SPECI- FICATIONS AT'T'ACHED HERETO AND MADE A PART HEREOF. ANY DEVIATION ' THEREFROM SHALL BE GROUNDS FOR REVOCATION OF THIS PERMIT/ CERTIFICATE Accepted' this { day of 192-5 40 I PERMITTE By Issued this OrtnhPr I -Ath day of , 19 75 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, JOSEPH W. LANDERS, JR. , SECRETARY 4"-T► 162; I or CUM 1 SME �� - SLOFE 1 ' �FILE; CAP ~' - . • fir--, F-- r- M.M. E 0'_0" l�REj�KVJ�TER �Ai1EL if 5Q• PILES 30--i0Fl CAF !b 5Q. PILE 30-7011 C, Pp /. VARIES TO 1G' -G" CHAPTER 16-2.061 t ITE M 3 , BREAKWATER & BRIDGE CROSS --SECTION Job No. 332.02 _NLEAF/TELESCA Fcbruoty 1975 PAOORA ILjrIG - - �ti..,• .. — - iTEK • . ..� _SLOPE �� SIoP: r'' % 101 1 - LAb rif •�.••: �; �;i•:•IoM iLW .•. _ •. F1 LE Q f r_, `-4- EL, 0:p"� 14' 60. PILE/f 1/1'•30 -TON GAP. G" TO I I I- I :fes i I JV . ' --• . i • CHAPTER 18-2.061 • ITEM' 3 �F/' 6BiCq COCK •a BRIDGE CROSS-SECTION .lob' No- 332,02 Engineers. Architects, Inc. February 1975 • Sheet 3.of 4 164 B'- rz, VAftIabLe • . COtJC. DECK /��' _,,�. ✓� pint~ CAP c • • :►•• B� bREAkWATER PAOiL . b.?TT cL. _ lZ.O fg' SQ• r If/ I 90 - To.tJ cA PA c i TY fQ£S7REiSEP 4�NC. PILOS ` CHAPTER 18-2.061 ITEM 3- - - PXtNLEAF/tECESCA BREAKWATER SEOT101N - Job It 332.02 February 1975 � N rn r • Z STA• 3tfG0 bt£AKWATtIL 4 STA. D}Os tz,457-1.101 LT. cm .r 8 • R ��� • •i �':\ ' � .f �� ,.rte •• • � � A . • to O � r m do r m x n • M• v v m rr rn b N. F--- ---- n •— . _ -+ r y to .► O t -n x • rn W N----_-- • . • • • o • �+ T . � ,,,. � t- •. � • • stir z m • o • P• iota t 4YN ' • Sj • ' -STh. I/O r�� ( 1' ,f r. Towl 964 LOCATION: Section 21, Township 49 South, Range 5 East, Moorings Bay, Naples, Collier County, not in an aquatic preserve. MATERIAL: No dredging involved in the project. PAYMENT: $100 received as the minimum annual marina license fee covering 4,229 square feet of sovereignty land to be occupied by this facility. ECOLOGICAL RESPONSES: DEPARTMENT OF NATURAL RESOURCES, Survey and Manaement - Installa- tion of the finger piers and mooring piles shoulgnot have significant direct adverse effects on marine biological resources. Secondary adverse effects may result from reduction of light available to photosynthetic processes upon which benthic communities depend. Bureau of Reaches and Shores - A hydrographic survey will not be required. It is improbable that this project would have signifi- cantly adverse hydrographic effects. Game and Fresh Water Fish Cor.mission - Our Environmental Section has reviewed this permit appllcation'and offers no objections. DEPARTMENT OF POLLUTION CONTROL - The issuance of this certification is based upon a review of the details of the project and a public notice of this agency's intent to certify the same. Staff recommends issuance of the marina Iicense and construction permit at the minimum annual fee of 5100. ACTION OF THE TRUSTEES: On motion by Mr. Turlington, seconded by Mr. Conner and passed unanimously, the Trustees approved issuance of the marina license and construction permit to Harbour Cove Developers. -7- DADE COUNTY - Marina License and Construction Permit No. 13-39-1462 (Revised May 28, 1974) APPLICANT: City of Mimi Beach c/o Greenleaf/Telesca Engineers 1451 Brickell Avenue Miami, Florida 33131 PROJECT: To construct 12 finger piers 300 feet long by 8 feet wide, a fuel dock 340 feet long, a concrete dock 330 feet long by 10 feet wide, a bridge 450 feet long by 24 feet wide, occupying 1,642,970 square feet of sovereignty land. LOCATION: Section 3, Township 54 South, Range 42 East, Biscayne Bay, City of Miami Beach, Dade County, not in an aquatic preserve. MATERIAL: No dredging\or filling involved in the revised project. PAYMENT: $50 received as construction permit fee. The appli- cant requests waiver of annual fee of 532,859.40p11- covering 1,642,970 square feet of sovereignty land to be occupied by the marina facility. STAFF REMARKS: This item was placed on the May 21st agenda and deferred at the request of the applicant. The installation of 3,700 feet of breakwater to encompass the proposed facility has . been'completely'eliminated under the revised project. ECOLOGICAL RESPONSES: D�PART14ENT OF NATURAL RESOURCES, Survey and Management - The de106t On f the breakwater structures from this proposed project removes one of the major objections of this office and to that extent has made this revised application more acceptable. It must be stipulated, however—that any future designs for these w June 19, 1974 s 167 965 • structures should have the benefit of review by our coastal engineer. Game and Fresh water Fish Commission - Our Environmental Section has reviewed this permit application and offers no objections. DEPARTMENT OF POLLUTION CONTROL - The above -referenced project, as revised to delete the breakwater, will be certified subject to the following stipulations: (1) A favorable biological report. is received from the Department of Natural Resources; (2) Adequate turbidity control measures or devices shall be provided or spoiling will be done on the out -going tide; (3) water quality shall be maintained as Class III in accordance with FAC Chapter 17-3. water. Quality Certification will be issued upon compliance with the above stipulations and notification of favorable action by the Trustees. OTHERS: The City Council of the City Of Miami Beach at its meeting on May 1, 1974, approved Resolution Number 74-14360 for construction permit. Staff rgcommendation issuance of the construction( ppermit and marina license wit the following stipulations: 1) The entire breakwater structu a be eliminated from the project and any future designs for breakwater structures must have the benefit of review by the Department of Natural Resources' coastal engineer; �2) The annual marina lcense fee of $32,859.40 be waived with he requirement that the marina facilities be available for use by a1 octal and state citizens on a first priority use basis; ( ater Quality certification as issues by the Department of Po lution Control. ACTION OF THE TRUSTEES: .Mr. Shevin and Mr. Stone commented on this project's complying with the Development of Regional Impact review requirements under Chapter 380, Florida Statutes, and were assured by Mr. Frank Spence, City Manager of Miami Beach, and Mr. Leonard Weinstein that the city does intend to comply. Also, in response to Mr. Shevin's reference to the new Biscayne Area Planning Board requirements for public notice, Mr. Wilbur Braydon stated that the'eity has conducted three public hearings that would satisfy these requirements. On motion by Mr. Shevin, seconded by Mr. Conner and unanimously passed, the recommendations of the staff with the three stipu- lations shown on the agenda were approved as the action of the Board of Trustees. ' -8- OKALOOSA COUNTY - Marina License and Construction Permit No. 46-30-2084E (Revised March 14, 1973) APPLICANT: Fountainhead Apartments c/o Blondheim, Williams i Chancey, Inc. College Plaza, Panama City, -Florida 32401 PROJECT: To construct a 150 -foot 'T" shaped dock to occupy 7,400 square feet of sovereignty land. LOCATION: Section 15, Township 2 South, Range 24 west, Santa Rosa Saund, Fort Walton Beach, Okaloosa County, not in an aquatic preserve. MATERIAL:• No dredging involved in the project. PAYMENT: $148.80 received as the annual marina license fee covering 7,400 square feet of sovereignty land to be occupied by the marina facility. - STAFF REMARKS. Field Operations Division recommends approval of the exemption application. Staff r commends issuance of a marina license and construction permit �t the annual fee of $148.80. ACTION OF THE 'TRUSTEES: On motion by Mr. Conner, seconded by Mr. O'Malley and passed unanimously, the Trustees approved issuance'of a marina license and construction permit as recommended. • Y. June 18, 1974 • 168 RESOLUTION NO. 74-14360 A RESOLUTION REQUESTING TRUSTEES OF INTERNAL IMPROVEMENT FUND TO ISSUE TO THE CITY OF MIAMI BEACH CONSTRUCTION PERMIT FOR BREAKWATER FILL Iii CONNECTION WITH CITY OF MIAMI BEACH MUNICIPAL MARINA, REQUIRED UNDER SECTION 253.124, FLORIDA STATUTES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Trustees of the Internal Improvement Fund be and they are hereby formally requested in accordance with Section 253.124, Florida Statutes, to issue to the City of Miami Beach an appropriate construction permit for the placing of fill necessary for the Breakwater required in connection with the proposed City of Miami Beach Municipal Marina intended to be constructed within the City of Miami Beach as more fully des- cribed in the application made for, in the name of, and on behalf of the City of Miami Beach, to the Trustees of the Internal Improvement Fund, under File No. 13-39-1462 of the said Trustees of the Internal Improvement Fund. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the said Trustees be duly advised and informed that said proposed Municipal Marina was expressly provided for by the provisions of Ordinance No. 1891, the Comprehensive Zoning Ordinance of the City of Miami Beach, adopted on October *13,, 1971, following numerous and extended Public Hear- ings, certified excerpts from said Ordinance being attached hereto and made a part hereof; that said projected Municipal Marina and the required filling for said Breakwater was fully and thoroughly considered at a Public Hearing duly called and held by the Planning Board of the City of Miami Beach on August 22, 1973, pursuant to published notice of the holding of such Public Hearing, certified copy of said Public Notice and the minutes of said Public Hearing being attached hereto and made a part hereof; that the recommendation thereafter duly adopted by the said City of Miami Beach Planning Board, a certified copy of which is attached hereto and made a part hereof, was duly transmitted to the City Council of the City of Miami Beach: which latter body reviewed, approved, ratified, confirmed and adopted said recommendation at a duly held and con- vened public meeting of the City Council of the City of Miami Beach, Florida, held on September 5, 1973, and a certified extract of the minutes of said Council meeting being attached hereto. and made a part hereof. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY , OF MIAMI BEACH, FLORIDA, that said Trustees be,further advised that the electorate of the City of Miami Beach approved the construction and funding of said Municipal Marina at a bond election held on the 14th day of March, 1972, by a vote of 10,112 For and 7,009 Against; a copy of the ballot submitted to the, electorate being attached hereto and made a part hereof, and that said bonds were duly validated by a decree of the Dade County Circuit Court.on the 30th day of May., 1972 (and said bonds were duly sold on the 7th day of February, 1973). BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIA^1I BEACH, FLORIDA, that.a copy of the Public Notice issued by the United States Corps of Engineers concerning this marina is attached hereto, and that the following excerpt therefrom be 169 • 4 set forth herein as fellows: "ENVIRONMENT. I COt4SIDERATIONS : The following j• ormation has been furnished by the applica::: No significant habitation of bird and animal life presently exists on the proposed site. The channel is an area of low biological productivity. Lack of light penetration, strong currents, compacted sand bottom (devoid of any grass beds), and unnatural shoreline have prevented any significant growth.of biotic communities. The proposed outer break- waters could increase the biological productivity by providing a rock substrata that could be u$ed by plants and animals. A report prepared by the University of Miami to investigate the effect of the proposed marina on tidal circulation of Biscayne Bay indicated that there would be very slight effects on circulation." BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the Trustees of the Internal Improvement Fund be advised and informed that the requisite fill for the said Breakwater is presently available to the City, if immediately used, from dredging operations presently being conducted in connection with the dredging of the ship channel in Government Cut and the Harbor of the City"of Miami; and that if timely issuance of said permit is not accomplished, said dredging fill will not be available with a resultant additional cost to the City of Miami Beach of approximately Two Million Dollars ($2,000,000.00). BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, *that a certified copy of this resolution be transmitted immediately and forthwith to the Trustees of the Internal Improvement Fund at its next ensuing session, and be respectfully urged to take favorable action thereon with all deliberate dispatch. PASSED and ADOPTED this 1st day of May , 1974. (Signed) Chuck Hall Mayor Attest: STA.TE Of- rl, 0`^; DA (Si.gned) Elaine Matthews C. �":; :at tIkL aIjrv.,a do J City Clerk tett Copy of the orilgina! ti;k�:cc; (SEAL) office. my h,11 v Vv Cy. -2- 170 IM 9=111 M d M r I r I � •GREENLEAF / TELESCA PLANNERS • ENGINEERS • ARCHITECIS. INC. 1451 BRICKELL AVENUE • MIAMI. FLORIDA 33131 • 305/377-6411 • CABLE GREENING i 16 April 1975 Ln . D � Mr. Dan Meisen, Land Management Specialist Board of Trustees of the Internal Improvement Trust Fund c Elliot Building Tallahassee, Florida 32304 T Ti N Re: Miami Beach Marina -Land Application - Job No. 332.00 T.I.I.T.F. Permit No. 13-39-1462 Mr. Meisen, the City of Miami Beach hereby makes application for the dedication of sovereign land as provided for in Chapter 18 of the Florida Statutes. For the purposes of this application we are attaching the following items to accord with those listed in paragraph 18-2.001 of said Chapter: Item 1. Copy, City of Miami Beach Resolution No. 74-14360. Item 2. List of names and address of riparian uplands within 1000 feet of parcel sought. Item 3. Survey data (26 copies). Item 4. Evidence of title to riparian upland. Item 6. Not applicable. Item 7. Biological Survey Report by Department of Natural Resources. Item 8. Location map. Thank you for your assistance. We would appreciate early consideration of this application. Gerard A. C wford P Project Engineer GAC:ih Enc Is. cc: Frank Spence Ron J. Falkey 171 r r� r■� r r r r �r ] r r■ Slide of"Florida IMPARTMENT OF NATURAL RESOURCES 111141. 1.1:11/14 J. (AS5ENUANNER 3900 CONIMONWEA1.7H BOULEVARD / TALLAIIASSEE 32303 I...r.u.r Iliurhw March 1, 1982 Mr. Herbert Kay, Executive Administrator Miami Beach Redevelopment Agency 335 Alton Road Miami Beach, Florida 33139 Dear Mr. Kay: h1111 GRAIIAM tio.elnlN (il'UR(iL FIkESIONE lrcrrl.rly of TIC JIM 1MIIII AllmoCy (ieoclal GI:RALL) A. LEWIS Comptroller HILI. GUNTER Ircu.urer UUYLE ('UNNEK Commu•iouer of Agriculture RALPH D. TURLINGTON Corllmiaiuncr of Education We are enclosing executed Easement No. 26214(3145-13) for your files. Sincerely, f t&t& _ 0. ujccc . o Gloria C. Watson Operations Section Bureau of State Lands Management Division of State Lands GCW/ps PC: Mr. George W. Koszulinski Mr. Terry Lewis, Esquire 1)1% sloNs AUMINISIRAIION • I.A\\ INlORCI NIENf • MARINI: I(ESIItUI CES HI( RVA IION ASU PAHA) • RI SU1 11('1. NIANA(J.NII.11 • 11A II. L.\1111 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRU;=T FUND E A S E M E N -T NO. 26214(3145-13) WHEREAS, pursuant to application made by Miami Beach Redevelopment Agency for a submerged land easement over sovereignty lands held by the Board of Trustees of the Internal Improvement Trust Fund and said Board did on October 6, 1981, agree to the granting of same, THEREFORE WITNESS, THIS INDENTURE, made and entered into by and between the Board of Trustees of the Internal Improvement Trust Fund, as grantor, and Miami Beach Redevelopment Agency as grantee, does hereby grant unto said grantee, subject to the conditions hereinafter set forth, a submerged land easement for filling and construction of a rip -rap bulkhead on the following described land in Dade County, Florida to -wit: LEGAL DESCRIPTION (SEE EXHIBIT A ATTACHED HERETO AS A PART HEREOF) The conditions under which this easement is granted are as follows: 1. The rights hereby conferred shall be subject to (a) any and all prior rights of the United States; and (b) any and all prior grants by the Board of Trustees of the Internal Improvement Trust Fund in and to submerged lands situated within the limits of the right of way hereinabove described. 2. That no title to said land is conferred by this instrument. 3. That the above described parcel of land shall be used 1'7.. M = = = M solely for the filling and construction of a rip -rap bulkhead and its maintenance . In the event the land herein described shall cease to be used for said purposes then the easement hereby granted covering said land shall terminate without notice from the Board of Trustees of the Internal Improvement Trust Fund. 4. That the grantee herein will not, in the filling of said lands and the construction of said rip -rap bulkhead will not unduly interfere with public or private rights therein. 5. That the grantee herein shall save, protect and hold harmless the State of Florida and the Board of Trustees of the Internal Improvement Trust Fund from all damages and claims arising out of the use of said easement by the grantee or any of its agents, servants, employees or contractors. 6. That the grantee by acceptance of this agreement, binds itself, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the grantee, running with the land. 7. The easement granted to the name grantee shall not be transferred, without prior consent of the Board. TO HAVE AND TO HOLD said easement unto said grantee for the purposes herein set forth. IN TESTIMONY WHEREOF, the members of the Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their names and have caused the official seal of Page 2 of Easement No. 26214(3145-13) 174 1_�Im M M M M ® M M® M M M M M M said Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed in the City of Tallahassee, Florida, on the 1 r day of Ma rr-h A. D. 19_�Z. BOARD* QF. TROS'hFES Governo --- QP .IHE INT �tNAL•• �-- IMPRW TRUST. / F?UND., 11, • 1 i ; � �,,.,, ���`� c� � -- =fes - -`' — Secretfry f Sfa7Ce UA Att ey Genera Xomptroler Treasurer Comma stoner of Education is loner eJef-PAg ricu.te &49 As and Constituting the Board of Trustees of the Internal Improvement Trust Fund This instrument was prepare by: Gloria C. Watson Department of Natural Resources 3900 Commonwealth Blvd. Tallahassee, Florida 32303 1'75 flmr.n Z ^f rAcnmc-unt �� r� �r r� r w o r r r �■ r r EXHIBIT A ( PARCEL A, B, & C ) Legal Description of lands Easterly of the Westerly line of Block 111, Ocean Beach Addition No. 3, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida; lands bounded as follows: Parcel A: Bounded on the East by the Mean High Water Line at the face of an existing bulkhead, 5.70 feet Easterly of the Westerly line of aforesaid Block 111; bounded on the South by the Northerly 12.0 feet of Lot 40 of said Block 111; bounded on the North by the Southerly 12.0 feet of Lot 41 of said Block 111; bounded on the West by the Westerly line of said Block 111; Also Parcel "B", bounded as follows: Bounded on the East by the Mean High Water Line of Biscayne Bay as shown hereon, said Mean High Water Line meanders along a line Easterly of the Westerly line of said Block 111; bounded on the North by the intersection of said Mean High Water Line with the Westerly boundary of said Block 111 at the Southwest corner of Lot 23 of said Block 111; bounded on the Southwest corner of Lot 13 of said Block 111; bounded on the West by the Westerly boundary of said Block 111; Also: A parcel of land located in South Beach Park, as recorded in Plat Book 6, at Page 77, of the Public Records of Dade County, Florida, hereon shown as Parcel "C", and bounded as follows: Bounded on the East by the Mean High Water Line of Biscayne Bay at the face of a concrete bulkhead, as shown hereon, said bulkhead being Easterly of the Westerly line of said South Beach Park; bounded on the South by a line parallel to and 158.5 feet, more or less, South of the North line of said South Beach Park; bounded on the West by the Westerly line of South Beach Park; bounded on the North by a line parallel to and 45.00 feet, more or less Southerly of the North line of South Beach Park: Parcels A, B and C contain 0.176 acres, more or less. Page 4 of Easement No. 26214(3145-13) 1'76 r• D L I : 7 (� LAW OFFICES DUBBIN, BERxi -LAN, Dummx & GREE'_CFIELD A PARTNERSHIP INCLUDING A PROFESSIONAL ASSOCIATION 444 BRICKELL AVENUE MzA- fI, FLORIDA 33131 1000 RIVERGATE PLAZA August 23, 1982 TELEPHONE (305) 373-3606 Mr. Gideon Rellermann and Mr. Rob Parkins Executive Administrator City Manager. Miami Beach Redevelopment Agency City of Miami Beach 335 Alton Road 1700 Convention Center Dr. Miami Beach, FL 33139 Miami Beach, FL 33139 Re: Marina and Sovereign Submerged Lands Lease Fee Policies Dear Gideon and Rob: I am enclosing a copy of the Marina and Sovereign Submerged Lands Lease Fee Policies proposal, which will be submitted on behalf of the City of Miami Beach and the Miami Beach Redevelopment Agency by Terry Lewis. Please read this as soon as possible and, due to the shortness of time, convey directly to Terry your comments on the proposal. His address is: Terry E. Lewis, Esq. Messer, Rhodes & dickers Post Office Box 1876 Tallahassee, FL 32302-1876 Please send a copy of your comments to me. Sincerely yours, JBBIN I41ID : pc Enclosures cc: Terry Lewis, Esq. 17'7 MARINA AND SOVEREIGN SUBMERGED LANDS LEASE FEE POLICY T I. Background facts on marinas and water related activities. A. Currently nearly 500,000 recreational vessels and another 30-40,000 commercial and industrial vessels are regis- tered in the State of Florida. (DNR statistics through 1981) B. The rate of recreational and commercial vessel regis- tration increase between 1977 and 1981 has averaged 20,000 new vessels annually. C. Currently, Florida boasts one registered vessel per 20 people (one boat for approximately every five households.) D. According to Sea Grant studies and the Florida Coastal Zone Management Study, the direct economic benefit of marine recreation to the Florida economy approximates $900,000,000. More than $16,000,000 in sales taxes are collected on sales transfers. E. The committee has been unable to assess economic impact of second and third order commercial transfers associated with marine recreation. However, such efforts should be assumed to be significant. F. Additionally, the committee does not know with any precision the economic benefit of commercial and industrial water dependent activities other than marine recreation. (i.e. commercial fishing and ports related activities.) Nonetheless these activities are also significant. G. DNR and Sea Grant studies indicate rising demand for water access to marine recreation opportunity via marinas. The highest demand is associated with those portions of the coastal zone where rapid urbanization is occurring. H. There is no indication that marina operations are financially any more viable in one geographic sector of the state than another. No evidence has been presented that a marina lease or marina operation is relatively more valuable in South Florida than in North Florida. If.a geographic dis- tinction is made, it is a micro geographical distinction 1983 ' within a given water body. (i.e. it is advantageous to be closer to an inlet or open water than 10 or 15 miles distant.) I. The Department of Natural Resources has no accurate idea of the number of marina and marina type activities that are .currently not under lease. Specifically the following reasons exist for the lack of knowledge: 1. Several hundred thousand acres of submerged lands are held privately and not subject to lease. 2. Marinas and other related activities constructed prior to 1970 and grandfathered in are not subject to leases and lease fees until 1998. 3. Many public entities are exempt from lease arrange- ments due to past TIITF actions. II. General marina policy for the state. A. Any state -adopted marina and submerged lands policy should apply to the Department of Natural Resources, the Department of Environmental Regulation and any other regulatory agencies at the state level involved in the regulation of marinas. B. The -.state, through its regulatory and land management agencies should encourage and give preference to marina -and similar water dependent activities in the issuance of sover- eign land leases and permits for the construction and opera- tions of such activities. C. The state should recognize that due to the environmen-. tally sensitive nature of much of Florida's coastline, any. proposed water dependent activity is likely to have some negative effect upon adjacent natural environment. The state should recognize this fact and help applicants minimize nega- tive impacts while positively assisting the individual in receiving state approval for his project. D. As part of any public interest test, the state should consider the public benefit to be achieved by marina -type activities. Specifically, public access to state resources for 179 utilization by greater numbers of the public at large, general recreational opportunity, commercial benefits of first, second and third order to a local economy and direct tax dollar bene- fits to the state should be considered in marina leasing and permitting. E. Due to the public benefit associated with marina development and operation, the state should not be in the business of charging all the traffic will bear for marina leases. F. The state should give special consideration to areas of high environmental quality in marina leasing and permitting. However,•such consideration should be conducted on a case-by- case basis rather than stating that all aquatic preserves, outstanding Florida waters or Class II shellfish waters are deserving of highest protection. State policy should clearly state that, provided a specific area to be impacted is of moderate to low value or impacts can be minimized to the point where public benefits outweigh environmental detriment, the project should be approved. III. Types of marinas. Based upon DNR and Sea Grant study and analysis, there is considerable demand for more marinas. This is particularly so in rapidly developing, urbanized portions of Florida's coastal zone., However, there is no current information clearly indi- cating the level of demand. And, no one seems to know pre- cisely what types marina will be most utilitarian. It is clear that 95% or more of Florida's boats are less than 26 feet in length. It is, therefore, recommended that DNR and.Sea Grant cooperate in determining these specific needs over the next year. IV. Marina location. A. It should be state policy to encourage enhancement and expansion of existing facilities wherever possible. 180 -3- B. New marina location is tied to demand and private entrepreneurial development. Hence, it is difficult to say where new marinas should be. However, the state should encourage: _ 1. marinas as.close as possible to any identified population demand center, 2. marina development where adequate uplands are available to develop related economic support activities and allow for possible future expansion, 3. avoidance of highly productive habitat to the extent possible (i.e. avoidance of dredge and fill and con- struction in extensive -marine grass beds, functioning marsh, mangrove and other productive habitat systems), 4. minimization of destruction of tidelands habitat through piling construction and other non dredge and fill technique where possible, 5. marina location near deep water to minimize dredge and fill, 6. marina location near well flushed water bodies, 7.' installation at all marinas of state of the art sanitation and pollution prevention and spill containment measures to maintain water dependent facilities. V. Marina policy for aquatic preserves. There should be no specific different policy for aquatic preserves. It should be noted that all aquatic preserves are currently regulated by DNR and DER per rules 16Q-18 (Biscayne Bay Aquatic Preserve Rules), 16Q-20 (Florida. Aquatic Preserves) and 17-3 and 17-4, Florida Administrative Code (Designation of all aquatic preserves as outstanding Florida waters and regu- lating them more stringently than other water bodies.) Any further protection is superfluous. VI. Submerged lands lease fees. A.- Because so much submerged land available for water dependent activities is either completely exempt (because 18.1 privately owned) from lease fees or grandfathered until 1998, lease fees as currently structured should be eliminated. Basically, the non-exempt marina operator is supporting the sovereign lands management program in its entirety while his -exempt counterparts and vessel owners and operators escape completely. B. It is recommended that: 1. A nominal lease fee should be prescribed for all marinas and similar water dependent activities that utilize state lands or waters. 2. The fee should be predicated on DNR staff costs necessary to process- and- administer lease or license instru- ments for the entire state. (Such a program will immediately bring all activities located on sovereign lands or in sover- eign waters into view for the first time in Florida's history. Currently, no one knows exactly what kind of water dependent activities exist statewide.) 3. In addition to a nominal lease fee, one dollar from each boat registration fee collected should be earmarked for state lands management. [This fee alone will double the current state lands management budget. Currently, section 327.25, Florida Statutes, (the boat licensing statute for Florida) mandates that funds collected through boat registra- tion must be used for a variety of programs including quality control programs. State lands management appears to be a quality control program. By allocating the cost of state lands management among all land based operators and motorboat owners and operators, a fair and equitable arrangement can be arrived at for management of state lands. -Additionally, the lands management budget will be adjusted annually through legislative appropriation proceedings to reflect rising or declining costs of state land management.] C. There is nb apparent rationale for a geographical differential of submerged land lease fees. Any geographic 1$�; -5- differential is tied to micx'o geographical location, not regional differentials. Hence, the idea of a geographically differentiated lease fee should be abandoned. i■r rr r ■r r r o ® it r, rim Nr - V 8 199 HAND DELIVERY November 7, 1979 MEMORANDUM To: Steve Siskind From: Murray Dubbin Enclosed is the State Marina and Commercial Dock Facility License, State Construction Permit, DER Permit and related attachments relative to the Marina submerged lands. Also attached is a photocopy of the Staff Report and report of Cabinet action on the marina. MH /erg Attachments DUBBIN, SCHIFF, BERKMA,\ & DUBBIN 1.84 I` ir Via_ an t 4 M LOCATION: Section 21, Township 49 South, Range 5 East, .r Moorings Bay, Naples, Collier County, not in an aquatic preserve. 1 MATERIAL: No dredging involved in the project. PAYMENT: $100 received as the minimum annu,%l marina license fee covering 4,229 square feet of sovereignty land 1 to be occupied by this facility. ECOLOGICAL RESPONSES: ftiPARTt9ENT OF NATURAL RESOURCES, Survey and Manayment - Installa- ' on off the finger piers and mooring piles should not have significant direct adverse effects on marine biological resources. Secondary adverse effects may result from reduction of light available to i photosynthetic processes upon which benthic communities depend. Bureau of Beaches and Shores - A hydrographic survey will not be required. It is improbable that this project would have signifi- cantly adverse hydrographic effects. Gane and Fresh water Fish Cormaission - Our Environmental Section has reviewed this permit application and offers no objections. DEPARTMENT OF POLLUTION CONTROL - The issuance of this certification is based upon a review of the details of the project and a public �. notice of this agency's intent to certify the same. �. Staff recommends issuance of the marina license and construction permit at the minimum annual fee of $100, ACTION OF THE TRUSTEES: On motion by Mr. Turlington, seconded by Mr. Conner and passed ff unanimously, the Trustees approved issuance of the marina license Ji and construction permit to Harbour Cove Developers. -7- DADE COUNTY - Marina License and Construction Permit 1 No. 13-39-1462 I; (Revised May 28, 1974) APPLICANT: City of -Miami Beach C/o Greenleaf/Telesca Engineers 1451 Brickell Avenue .: Miami, Florida 33131 ' PROJECT: To construct 12 finger piers 300 feet long by 8 feet wide, a fuel dock 340 feet long, a concrete dock 330 feet long by 10 feet wide, a bridge 450 ' feet long by 24 feet wide, occupying 1,642,970 1; square feet of sovereignty land. LOCATION: Section 3, Township 54 South, Range 42 East, Biscayne 1 Bay, City of Miami Beach, Dade County, not in an 11 aquatic preserve. MATERIAL: No dredging or filling involved in the revised project. �! PAYMENT: $50 received as construction permit fee. The appli- cant requests waiver of annual fee of $32,859.40 1, covering 1,642,970 square feet of sovereignty land to be occupied by the marina facility. y STAFF REMARKS: This item was placed on the May 21st agenda and ( deferred at the request of the applicant. The itistallation of 3,700 feet of breakwater to encompass the proposed facility has !� been'completely'eliminated under the revised project. t. It ECOLOGICAL RESPONSES: i; ;; OF NATURAL RESOURCES, ppPARI-ttENT Survev and Management - The l� d lction of the breakwater structures from this proposed project removes one of the major objections of this office and to that ai extent has made this revised application more acceptable. It must be stipulated, however, that any future designs for these 1 June 18, 1974 .1 �- - - - � � �, � � i: �,y is ,�, �--N�iiij iCJt� [! .f. :L 41 •' .l :I y V == t 4 t "04-M i 965 I a � 'm structures should have the benefit of review by our coastal engineer. Game and Fresh Water Fish Commission - Our Environmental section has reviewed this permit application and offers no objections. DEPARTMENT OF POLLUTION CONTROL - The above -referenced project, as revised to delete the breakwater, will be certified sub;ect to the following stipulations: ll) A favorable biological report._' dequate is received from the Department of Natural ResouroviJcd(or spoiling turbidity control measures or devices shaWater ll be quality shall be will be done on the out -going tide% (3) 9 in accordance with FTC Chapter 17-3. maintained as Class III water Quality Certification will be issued upon compliance with tt:e above stipulations and notification of favorable action by the Trustees. OTHERS: The City Council of the City of Miami Beach at its meeting on May 1, 1974, approved Resolution Number 74-14360 for construction permit. Staff recommendation issuance of the construction 1eimit entire marina license with the foilowinq stipulations: ( ) Theareakwater structure be eliminated from the project and any future reakwa for breakwater structures must have the benefit of review by the Department of Natural Resources' coastal engineer; (2) The annual marina license fee of 532,859.40 be waived with .the requirement that the marina facilities be available for use by all local and state citizens on a first .priority use basis; (3 Nater quality+ certification as issued by the Department of Pollution Control. ACTION OF THE TRUSTEES: Mr. Shevin and Mr. Stone commented on this project's corplying with the Development of Regional Impact review requirements under Chapter 380, Florida Statutes, and were assured by tor. Frank Spence, City !tanager of Miami Beach, and Mr. Leonard Weinstein that the city does intend to comply. Also, in response to :Ir. Shevin's reference tocthe new, Biscayne Area raydon Planning Board requirements for p stated that the city has conducted three public hearings that would satisfy these requirements. On motion by llr. Shevin, seconded by Mr. Conner and unanimously passed, the recommendations of the rovedwaswith theaction of the lthe lations shown on the agenda were app Board of Trustees. J . 6 186 OKALOOSA COUNTY - Noiina Licenseand Construction Permit (Revised March 14, 1973) APPLICANT: Fountainhead Apartments Williams b Chancey, Inc. t� c/o Blondheim, College Plaza, Panama City, Florida 32401 feet^T" shaped dock t 15 ppoJECT: To construct a of sovereignty land. occupy 7,:00 sq ua0refoot i LOCATION• Section 15,.Township 2 South, Range 24 West, Walton Beach, Okaloosa , Santa Rosa Sound, Fort County, not in an aquatic preserve. �1 i No dredging involved in the project. 't p1ATERIAL: ' nual ina license the PAYI4ENT: $148.80 ring 7,400ed ssquaret�feet ofrsovereignty ecovering fee covering 7, by the marina facility. is land to be occupied Field Operations Division recommends approval j STAFF REMARKS: of the exemption application. of a marina license and construction Staff recommends issuance $148.80. Drrwit at the annual fee of ACTION OF T11E TRUSTEES: j seconded by Mr. O'Malley and passed On motion by Mr. Conner, approved issuance of a marina license I unanimously, the Trustees and construction permit as zecemm�nded. :i June 18, 1974 186 } STATE OF FLORIDA BOARD OF,1'RUSTEES OT THE INTERNAL IMPROVEMENT TRUST FUND STATE MARINA AND COMMERCIAL DOCK FACILITY LICENSE No. ML -13-39-1462 Expiration Date June 18, 1975 TtIIS LICENSE issued to CITY OF MIAMI BEACH pursuant to action on June 18, 1974 , by the State of Florida Board of Trustees of the Intern al' Improvement Trust Fund, hereinafter referred to as the Board and CITY OF MIA14I BEACH hereinafter referred to as Licensee. WITNESSETFI: That for and in consideration of payment of the annual fee hereinafter provided for, and the other terms and conditions stated herein, the Board does hereby license and permit said Licensee to construct, install and operate exclusively a marina and commercial dock facility upon sovereignty lands more particularly described as follows: A portion of land lying West of and adjacent -to Block 111 of OCEAN BEACH, FLA. ADDITION -NO. 3 accroding to the Plat thereof as recorded in Plat Book 2, at Page 81 of the Public Records of Dade County, Florida. More particularly described as follows: Colm(lence at the Northwest corner of Section 3, Township 54 South Range 42 East; thence run Easterly along the North line f said st Section 3 for 1350.00 feet, more or less, to a point line of Block 90 of -aforementioned Plat; thence run S 00°30'0082E along the East line of Blocks 90, 89, 88, 87, 86, 85, 84, 83, 81, 80, 79 and a portion of Block ill, and along their extensions for 5207 feet to the Southeast corner of Lot 1, Block Ill of said Subdivision; thence run S 89005'00" 11 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 Tract of land hereinafter described; thence run N 32°00'00" W, 300 feet west of and parallel to the.Westerly Right of Way line of Alton Road for 2160.00 feet to a point, thence run N 25°37'26' U for 335.62 to the Northwesterly corner of a Lot designated 50-C on Sheet 8 of City of Miami Beach drawing of aforementioned Plat; thence run S 58°00'00" W at right angles to said Alton Road for thence run .S 32°00'00 " E for 1254.00 feet 600.35 feet to a point; n S 58°00'00" W for 150.00 feet to a point; to a point; thence ru " E for 500.00 feet to a point; thence run thence run S 32000'00 N 58°00100" E for 150.00 feet to a point; thence run S 32000'00" E for 772.00 feet to a point; thence run S 67°36'06" E for 400.38 feet to a point; thence run N 58°00'00"*E for 330feet, mor Ne32° or less to other land of the City -of 'Lliami Beach; ee run00'00" W for 358 feet, more or less, by other land of. the City of MI -ami. Beach to the Point of Beginning; containing 1,642,970 sq. ft. ( 37. 72 acres) , more or less . SEE CONSTItUCTION PERMIT FOR S`T'IPULATIONS AND SEC1,10N ONE Ur' LICENSE - 1/21%74 18" , TO HAVE THE USE OF the herein desc-. ibed premises for"a 'period of :,Ono year from June 18, 1974 'the effective date of this ,'License. The terms and conditions on and for* which this License is Sranted are as follows: Section 1. As consideration for License to use state lands, the Licensee agrees to pay to the Board the gre4ter of $100 or $0.02 per square foot of sovereignty lands occupied. - as hereinbefore described, conditioned upon Licensee's f4jOifill ppFf9}RigPrC of thy: iv w:, >>p.on which this iicrll-c is given. tee waived with the requlrement that the marina facilities be available for use by all local and state citizens on a first priority use basis. Section• b y. as- e' t d': Section 3. The License granted to the named Licensee shall not be transferred, without prior consent of the Board. Section 4. The Licensee agrees that upon expiration of this License, unless renewed, all permission granted to use, occupy and operate a marina or commercial dock facility upon the hereinbefore described lands shall cease and terminate. Section S. This License shall be renewable annually if the Licensee has complied with all the terms and conditions of this License, including payment of the annual license fee. The License .fee for renewal shall be no less than the original fee. The Board shall not increase the License fee by more than 10% in any one renewal term. Soction 6. The Licensee shall be allowed a 90 -day grace period after expiration of this License to renew the License. If the Licensee fails to renew within the grace period, he shall vacate the licensed premises and remove all structures and equipment occupying and erected thereon at his expense. Section 7. If the Licensee declines or fails to remove said structures and equipment occupying and erected upon the licensed premises, within 90 days after expiration of this License, such structures and equipment will be deemed forfeited by the Licensee, and may be removed and sold by the Board after 10 days' written notice by certified mail addressed to the Licensee. Section 8. Any costs incurred by the Board in removal of said structures and equipment shall be paid for from the proceeds of sale of such structures and equipment. If funds derived from sale of structures and equipment are Insufficient to pay costs of removal, the Board shall have, and is hereby granted a lien upon the interest of the Licensee in the upland enforceable in summary pro- ecedings as by Law provided. Section 9. The Licensee shall hold and save the Board, its representatives and designated agents harmless from all llnbilitles, claims and demands whatsoever arising from the installation, occtipation and operat ion of the licensed facility. Section 10. ,No License is given to use or occupy the licensed 11remiscs for any purpose other than herein specified, nor tCo of State Marina and Commercial Jock Facility License M w M L , C-- = = M .. • or to permit the same or scYor businessthereofpart otherbthan-useherein occupied for any purpo specified, nor to knowingly permit or suffer any nui- _ sauces or illegal operations of an.y kind on the licensed • premises. i } �T 4. Section ll. The Licensee agrees sino maintain structureslicensed equppmentes in good condition keeping loc,.ted thereon in a good state of repair in the interests of public health and safety. on the part of the Section 12.' No fa'ilure, or succroVision, nor ive eany waiver or successive Board to enforce any p waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or o.enforce the mupon any impair the right of the Boardnt of subsequent breach orbreaches. renewal hereof or s and- itions section 13. The Licensee accepts the provisos°refusesctodcomply.with herein and if the Licensee fail$ be revoked said provisions and conditions, notice in writing may to t -he by the Board, upon thirty days' notice in writing hearing thereon is afforded. Licensee and an opportunityfor IN WITNESS WHEREOF, the members of the state of Florida Board ocribed Trustees of the Internal Improvement TrustFund their -names and have caused the ofImprovement Trustl seal of 1Fundato be hete of Board of Trustees of the Internal Florida, on this the day affixed, in the City of Tallahassee',A.D. 19 of (SEAL) STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ACCEPTED this day of 19 - CITY .OF MTAMI BEACH LICENSEE By Name and Title wiTEST : Governor Secretary of State Attorney General Comptroller Treasurer Commissioner of Education Commissioner of gr Aiculture As and Constituting the. State of Florida Board of Trustees of the Internal Improvement Trust Fund x.85 �Cor1)0rate Seal) tcense �o Dlarin� =.gid C0r;,1(1rci; , Li •_ > , ,,,_irr.') i 2 PON • ,. '� CP -13-34-14b1 _Jur.-t. 25, 1974 • moi', �a .l �.. t .�-.. •� i.' �t •1•, ��.•a l.•1'il ...l 1.•1' � — • ^•' :t :11'1' 11.'''.t ! •. a..... 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')�1;1t: 1�IJ.. , ta; r a •t 11:111!1:: .:,ait, l'• °l.a ii 1 (' (1[ °I rt1aCCS (i {i.a: i:'•{.:1.... 11.0c r.1ti1 : ', a :,l::itit - 1:1 •y 1 i_ :.. •1'�;0:'i:a:sit'�',L'"� FI -o t :"i lt.::tJi'cii.''i C..�)�%:C; t , 1• ''l�11'':1: Cl �' t'1(l :•.:t: l. ii 1.. . . .. °i i:' Ill y•!• �: ,t 1' C: ;1�. �t'i fli r•a,. a \•::' 1' :'i (1. l F. This • ) ,r tit,: t' ,: .;•:i.1i 1, :u:, .t; t .2 1 Of ti •): � :J;(•ia,.{ �°a:I�t 1•�t)t.i c 1•�t',1:`.i t:. )It:: ta::i ��++ • ... :1('•1'1'1(: • '•'. �Ial:ll )' :�:%Yt'1•' il� C'. ��:`i1 :il fi(':•1 t..- a ••1i1�' \.' ., (.. .. • 1•• 'Jll:$ ) 1.11'.lt h!:'.: J1•a:IL• t ::'.: • .y � ) .'� l:.:ir U1 UI:�.'.1.�.':,' )1:. .-Q:t1it � (a' (.1' 'l . ..•1' 11V -1i 11:11' .iter; Is. C. •till(: \•:r'1�.. (:.::•i. :11 t.: !•. •1', )• r t►f 1•iG:, ,, 1:"!N lam• •i°I.1 .�.-, ll. t•w '. 7_ C. ( •. ill; •1 •.. 1'1:.:1 I 1.(. 1i': C'. 1'1:.:1• i .17 ',ia: 111...1:•:..:1: 1%'.!' )' ..'1... i•i:a )_ ...:)• _ - A: 1:j:.ltia:i (!'itc :►oJy of • 'a� end fit'e.'e;.11 dr,crihtion of applicrr,ts 0101:uIC, including ••.iuou, to.....11in, and f:III��C; 1! 111 p1:ltttcl �ll��� :t'IS101I, Cltl IlaRlc : rd 1>!.lc`c cit •r(.OI'(., -1:nd �, :�Ilt cow% 'of -1lX11 �-1.luon T,.�t ) L. Teo Iuiuts of map S" x 10:'." hl SiV3 showing: •• r 1. Aphl:: ant's upland bouuclarics anal watrrfrout n ppr•oximate sh,,.c•' ne tv'at :_ast 350 feet cac.1 sid: :.nd ahpro).4ty-1c location of all ccisting clocks, ,piers, ctc. 2. Location of proposed strnctures. St:uctures shnulcl extend at r l%P:oxil-latc ri+,ht anfje-, to tete gen:rat co- fgura!ion of the shoreline .^.u:.: b-- log..t• in the middle one-third of the oppiicant's wateriront:- 3. Construction plays of structure (For comnicrcial doge: permit, either the s: -A of a Morida registered civil engineer or architect must be r.iuxcd to plans, or u statement by the city or county engine-.-- to the c?cct t11nt plans leave been reviewed as to structural desigi rnd he finds such to nue b:.scd on sowed cr._^,in:�cring Practices). All struchlres authorized under this permit inust be supported by open trestle or pili and must not include solid fill or solid fcce consta-uctir.:1. Solid fill structures (grohi;, revetments. nloie.-) ary under the jurisdiction of tete Doo; rtment of 1Jatural I1esources, Bureau of Bcaclucs and Shores..). Li-xin Larson Building, T:diahassee. Florida 3330.1. C. �4,mmes :Ind cddrerses of rdjai.ning waterfront upland cm-ners %%rith statement sirguc;:i by each to tIu• e�cct that they h. vo reviewed tl.c p,. -ns and have no objections .to the propo,cd eonsimiction. If vrrittett conscrA Can-, not be obtainccl, applicant must Provide an explanation. Review of objections and final decision will be. n)ade by t:Ie State of Y1orida hoard of Trustees of the Internal Improvement Trust Fund. $2.5 ' D. Processing fee: $100 for comtncl=ial; t for private. E. If nl)plication is being made by agent for applicant, letter dated and signed by applicant aufliorizn;; said • agent to act for hint. Areas to be dretl,.ed to improve navigability requires a separate permit. Application for permit must con- tain the follm.-ing information: (a) Nam= and address of applicant: (b) V%venty-four prints of snap of project locaticit prepared by a Florida registered land surve)•or or engi- nc 2r. Map shall identify location of dredgc. arca; existing dcp0s a1 mean low water, dilneusions of pro- rasud cut; location or arca where dredge material will be dcpcsited and pr escnt mean high water lir:c. No filling of lrnds ribmerged at mean high %tater may ba done wider this p:rn-dL lint maps ftnmiL.:d nu; y be copies of map filed a:•ith UIQ. U. S. Army Corps of En,(,,inccrs in obtr.ining Department of army pr:- mils if such maps comply milli Trustees' requirements herein cited; (c) Applicant's statement as to purpose for dredging; .i (d) Evidence of upIpnd ot_mership or other interest in upland riparian to project: (c) Names tnd addresses of adjacent upland rlpwi= owners. (f) A b9ological :atrvey rerOrt prcV'Lr:3 by or under supervision of tete Dcnzrtment of tdahur_1 Rasau-c:is is required. The cost fur tells scuvcy is '10103. Checks in p_ -)merit should be made pay.ai:,le to t110- De- partment of Natural l.csources. SUBJECT TO THE FOLLOWING STIPULATIONS: 1) The entire breakwater structure be eliminated from the'project and any, future designs for breakwater structures must have the benefit of review by the Department of Natural Resources' coastal engineer; 2) The annual marina license fee of $32,859.40 be waived with the requirement that the marina facilities be available for use by all local and state citizens on a first priority use basis; 3) Water quality certification as issued by. the Department of Pollution Control. .191 rf Sf CT. 'A - S `r tl '? / o- a —�: SIt6o NCfarr+At[¢ t STI. C+o 31}io QQQ • = o • :•tt..aoJ-SFE S►l.': Z • z- 11 V rn *46 C��J �l O to 64 _ - �. b✓ c 1 , •^� j rn W vy o•..> �^l � � O • O i 'o In �. •.• - H V V ! w to tj ' • • _ <. r s 8f / 2 n VZ SII• ` •.. I/. J � � f STA. 7�0 SoUtt1 ck I� S• � X30• ( _ 340• t w'� +� r•t�' .+: �•i�JML t1:11. �'.1tn�'i•.r..••-'y���1i..,,�nrJ.S✓'"y i4Mt.r'•,�t....!`...ft.. .:c1'<..w"�hnw. .a..i/a,.V �1I...�'..li, T":e � - _ 199 rr .. �'.•_»_'r._:.::_ 070 9'3U�11• tt7�V..YJi��E.�� aa•{_:-_.�.a .. __.. ----. ' � � ret• � 6.0 •-..._ lit Roo �o > � _ fRtGA51s�ti�•J .. _ tt.1. r I nor•• 't, MIAMI BEACH MA?!NA SEC. 3 1110S3 - :ANG; 42 • .a t�N BISCU,YNE SAY ,DADE CO. FLAT • Csi.. A.P?LICAN CITY F ►.•.S: -:ti c.:. • fRE?ABED BY: Y�• �% _ 6(A. R.P.E: � N ' • -JAN., 1976 .. • h}i G 1:T -1 9..I STA'T'E OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION T11' RMIT/ CERTIFICATE NO: 13-39-1462 APPLICANT: City of Miami Peach COUNTY: Dade c/o Greenleaf/Telesca TYPE: Construction (Modificatio 1451 Brickell Avenue DATE: September 15, 1975 Miami, Florida 33131 This Permit is issued under the provisions of Chapters 253 and 403, Florida Statutes, and regulations of the Department of En- vironmental Regulation. Also, this either certifies, pursuant to Public Law 92-500, that the project described below and de- limited by the stated stipulations will comply with the appli- cable water quality standards of the State of Florida, or waives water quality certification when stamped appropriately. The applicant is required to notify the Department of Environ- mental Regulation District/Subdistrict Office before beginning any work covered by this Permit/certificattQn . Fu-R•thermore, this Permit authorizes the above named applicant, hereafter, called Permittee, to perform the works shown on the sketch at- tached hereto and made a part hereof, more. particularly des- cribed as -follows: pERt4ITTED: To construct 12 finger piers 300 ft..loj by 8 ft. wide, a fuel dock 340 ft. long, a concrete dock 330 feet long by 10 ft. wide, a bridge 450 ft. long by 24 ft. wide, occupying 1,642,970 square feet of sovereignty land and creating 432 boatslips. MODIFICATIONt To eliminate the concrete dock and the bridge and to construct 490 feet of dock/bridge, 370 feet of breakwater/bridge and 3,262 feet of breakwater. LOCATION= Government Cut, Biscayne Bay, Miami Beach, Dade County, Section 3, Township 54 Sorth, Range 42 East, in Biscayne Bay -Card Sound Aquatic Preserve A-14. PARTICULAR STIPULATIONS: I. Vater quality within the marina shall be maintained as Class III in accordance with Florida Adminiatrative Code, Chapter 17-31 and 2. There ohall be no edging. GENERAL S'T'IPULATIONS: 1. The proposed work shall be done in the area designated on the attached map and shall be conducted in compliance with the drawings which are a part of this. Permit; sXBZ3tt%X tgxrLM1 it�c�txslRR4tt�st�t:c4a�tx#�bt�tx�aa�x�x�x�a�csx 2. Material removed in construction shall be placed upon the adequately diked spoil disposal area or areas designated on said map. 3. Under no circumstances shall the Permittee remove more material than authorized by this Permit without specific approval of the State of Florida Department of Environmental Regulation. 4. This Permit conveys no title to land or water, and does not constitute authority for the reclamation of water bottoms un- less herein provided. 5. Extreme care shall be exercised to prevent any adverse or undesirable effects from this work in the property of others. This Permit authorizes no invasion of private property or rights in property. 6. This Permit is granted subject to the rights of the United States in navigable water, and shall be subject, further to the rights of the public in boating, bathing, fishing, and other rights for which purposes the waters and submerged land thereunder are held by the State. This Permit does not relieve the t)enni ttee from the requirement of obtaining a permit from the U. S. Army Corps of Engineers nor from necessity of compliance with all applicable local laws, ordinances, and zoning or other reUulations. 7. Perntittee, in accepting this Permit covenants and agrees to comply with and abide by the provisions and conditions herein and assumes all responsibility and liability and agrees to save thy: State of Florida Department of Environmental Regulation harmless from all claims of damage arising out of operations conducted pur- suanL to this Permit. 194 H. Permittee, in accepting this hermit, agrees to allow any duly authorized representative of the Department or duly impowered law enforcement officer to enter upon the premises associated with the work authorized by this.Permit for the pur- pose of ascertaining compliance with the terms of this Permit and the rules and regulations of the Department. This Permit shall become effective upon acceptance by the Permittee and receipt of the executed copy by the State of Florida Department of Environmental Regulation. Upon completion of the work au- thorized by this Permit, the Permittee shall return the Permit Placard to the Department of Environmental Regulation, Division of Environmental Permitting, 2562 Executive Center Circle East, Tallahassee, Florida 32301. 9. The Permit Placard shall be. posted in a conspicuous place on the equipment being used, and the Permit shall be readily available at the project site to all duly constituted law enforcement officers having jurisdiction and Department of Environmental Regulation representatives. 10. This Permit expires three years after receipt by the applicant of all governmental authorizations, state and federal. The Department may revoke such construction Permit if the.appli- cant fails to use diligence in obtaining such required govern- mental authorization. 11. Permittee, in accepting this Permit, agrees to cease all work under this Permit upon receipt from the Department of notice of the filing of an appeal with the Governor and Cabinet pursuant to Section 5(1), Chapter 75-22 (Laws of Florida, 1975). P.ermi ttee further agrees not to recommence work under th.�.s Permit until final disposition of such appeal has occurred. 12. This Permit/ Certificate is issued in instances where the proposed work will not degrade water quality. 13. Monitoring Required by the Applicant Description Frequency Turbidity Prior to and during construction Dissolved Oxygen, Total Nitrogen, pH, Temperature and Total Coliforia Group Bacteria using STandard Methods The Permittee is hereby required to notify the Department of Environmental Regulation's District/Subdistrict Office of the schedule of the project before beginning any work covered by the Permit/ Certification . Determination of the testing sche- dule and locations shall be coordinated with the Department of Environmental Regulation's District/Subdistrict Office. 14. Effluent Limitations -'This Permit does not authorize the Permittee to violate any water quality standards as specified in Chapter 17-3, Florida Administrative Code, including but not limited to: paragraph 17-3.09, Criterias Class III waters - Recreation -Propagation and Manac;ement of Fish and wildlife and Paragraph 17-3.05, Water Cuality Standardai Specifics. Turbidity shall not exceed fifty (50) Jackson Units as related to standard candle turbidimeter above background. THE PERMITTEE, BY ACCEPTANCE OF THIS PERMIT/ CERTIFICATE, AGREES TO ABIDE BY THE STIPULATIONS AND CONDITIONS CONTAINED HEREIN AND TO PERFORM THE WORK IN STRICT ACCORDANCE WITH THE PLANS AND SPECI- FICA'T'IONS ATTACHED HERETO AND MADE A PART HEREOF. ANY DEVIATION THEREFROM SHALL BE GROUNDS FOR REVOCA'T'ION OF THIS PERMIT/ CERTIFICATE ACCCI)LUd this day of ---1! 192-5 I'rryPERMITTE- L Y61_. Issued this 1 -1th day of octeber , 1975 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, JOSEPH W. LANDERS, JR., SECRETARY BY: A . IL95 . GURb SLOPE sl9PE L-� r pG LE CAP .J �-'- 1f'% PILES 30=1011 CAP• IS"5Q. PiLE 30-709 CAP. •VAR+ES ll%� 70 1G`•G" 1 1 CHAPTER 18-2.061 ITEM 3 BREAKWATER & BRIDGE CROSS-SECTION Job No. 332.02 -ENLEAF/TELESCA Fcbruory 1975 •inn�t (nnina. _... iii-i�iln eft �n� �{nnf 4AI A 196 alp as a� as as a� as �a � � a■� a� a as as a1 IC�.Qn . GUgb — L EL.49-6' . zr SLOPE ' SLOF6 ' ..� �' •'.. 10' SLAB ` • • o V'' o. • �•. sore J 'e 'n n FILL C.1P ./ . r -T EL. 0=0" 14' SQ. PILES -TOO CAR. ::S II=6° TO 16'. r i II II II -`jj1 Jvi CHAPTER 18-2.061 ITEM• 3 DOCK -a BRIDGE CROSS-SECTION FA F/T E L E SCA . Engineers. Architects, Inc. 0 F] Job No. 332.02 February 1975 Sheet 3 of 4 • co0c. 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NN N N rn W mmrnmm rnNinT nm Cl in rr m rnrr, .%) No a> .4 S .0 �D U1 v v F F v 'n 0. N W J J J "J y b'J 0 .p N .D ") N rf1 N c CD m A G1 m O r D L O r m a in m in t i t r X t' r LAW OFFICES DUBBIN, BERKMAN, DUBBIN & GREENFIELD A PARTNERSHIP INCLUDING A PROFESSIONAL ASSOCIATION 444 BRICKELL AVENUE MIAMI, FLORIDA 33131 1000 RIVERGATE PLAZA August 23, 1982 'M M M TELEPHONE (305) 373-3606 Mr. Gideon Kellermann and Mr. Rob Parkins Executive Administrator City Manager Miami Beach Redevelopment Agency City of Miami Beach 335 Alton Road 1700 Convention Center Dr. Miami Beach, FL 33139 Miami Beach, FL 33139 Re: Marina and Sovereign Submerged Lands Lease Fee Policies; Dear Gideon and Rob: I am enclosing a copy of the Marina and Sovereign Submerged Lands Lease Fee Policies proposal, which will be submitted on behalf of the City of Miami Beach and the Miami Beach Redevelopment Agency by Terry Lewis. Please read this as soon as possible and, due to the shortness of time, convey directly to Terry your comments on the proposal. His address is: Terry E. Lewis, Esq. Messer, Rhodes & Vickers Post office Box 1876 Tallahassee, FL 32302-1876 Please send a copy of your comments to me. Sincerely yours, IBBIN MHD:pc Enclosures cc: Terry Lewis, Esq. 201 MARINA AND SOVEREIGN SUBMERGED LANDS LEASE FEE POLICY I. Background facts on marinas and water related activities. A. Currently nearly 500,000 recreational vessels and another 30-40,000 commercial and industrial vessels are regis- tered in the State of Florida. (DNR statistics through 1981) B. The rate of recreational and commercial vessel regis- tration increase between 1977 and 1981 has .averaged 20,000 new vessels annually. C. Currently, Florida boasts one registered vessel per 20 people -(one boat for approximately every five households.) D. According to Sea Grant studies and the Florida Coastal Zone Management Study, the direct economic benefit of marine recreation to the Florida economy approximates $900,000,000. More than $16,000,000 in sales taxes are collected on sales transfers. E. The committee has been unable to assess economic impact of second and third order commercial transfers associated with marine recreation. However, such efforts should be assumed to be significant. F. Additionally, the committee does not know with any precision the economic benefit of commercial and industrial water dependent activities other than marine recreation. (i.e. commercial fishing and ports related activities.) Nonetheless these activities are also significant. G. DNR and Sea Grant studies indicate rising demand for water access to marine recreation opportunity via marinas. The highest demand is associated with those portions of the coastal zone where rapid urbanization is occurring. , H. There is no indication that marina operations are financially any more viable in one geographic sector of the state than another. No evidence has been presented .that a marina lease or marina operation is relatively more valuable in South Florida than in North Florida. If a geographic dis- tinction is made, it is a micro geographical distinction 202 within a given water body. (i.e. it is advantageous to be closer to an inlet or open water than 10 or 15 miles distant.) I. The Department of Natural Resources has no accurate idea of the number of marina and marina type activities that are -currently not under lease. Specifically the following reasons exist for the lack of knowledge: 1. Several hundred thousand acres of submerged lands are held privately and not subject to lease. 2. Marinas and other related activities constructed prior to 1970 and grandfathered in are not subject to leases and lease fees until 1998. 3. Many public entities are exempt from lease arrange- ments due to past TIITF actions. II. General marina policy for the state. A. Any state -adopted marina and submerged lands policy should apply to the Department of Natural Resources, the Department of Environmental Regulation and any other regulatory agencies at the state level involved in the regulation of marinas. B. The -state, through its regulatory and land management agencies should encourage and give preference to marina and similar water dependent activities in the issuance of sover- eign land leases and permits for the construction and opera- tions of such activities. C. The state should recognize that due to the environmen- tally sensitive nature of much of Florida's coastline, any proposed water dependent activity is likely to have some negative effect upon adjacent natural environment. The state should recognize this fact and help applicants minimize nega- tive impacts while positively assisting the individual in receiving state approval for his project. D. As part of any public interest test, the state should consider the public benefit to be achieved by Marina -type activities. Specifically, public access to state resources for zU C utilization by greater numbers of the public at large, general recreational opportunity, commercial benefits of first, second and third order to a local economy and direct tax dollar bene- fits to the state should be considered,in marina leasing and perm,itting. E. Due to the public benefit associated with marina development and operation, the state should not be in the business of charging all the traffic will bear for marina leases. F. The state should give special consideration to areas of high environmental quality in marina leasing and permitting. However, -such consideration should be conducted on a case-by- case basis rather. than stating that all aquatic preserves, outstanding Florida waters or Class II shellfish waters are deserving of highest protection. State policy should clearly state that, -provided a specific area to be impacted is of moderate to low value or impacts can'be minimized to the point where public benefits outweigh environmental detriment, the project should be approved. I11. Types of marinas. Based upon DNR and Sea Grant study and analysis, there is considerable demand for more marinas. This is particularly so in rapidly developing, urbanized portions of Florida's coastal zone., However, there is no current information clearly indi- cating the level of demand. And, no one seems to know pre- cisely what types marina will be most utilitarian. It is clear that 95% or more of Florida's boats are less than 26 feet in length. It is, therefore, recommended that DNR and .Sea Grant cooperate in determining these specific needs over the next year. IV. Marina location. A. It should be state policy to encourage enhancement and expansion of existing facilities wherever possible. 24 low m m m m m m m ====V- B. ===V- B. New marina location is tied to demand and private entrepreneurial development. Hence, it is difficult to say where new marinas should be. However, the state should encourage: 1. marinas as_close as possible to any identified population demand enter, 2. marina development where adequate uplands are available to develop related economic support activities and allow for possible future expansion, 3. avoidance of highly productive habitat to the extent possible (i.e. avoidance of dredge and fill and con- struction in extensive -marine grass beds, functioning marsh, mangrove and other productive habitat systems), 4. minimization of destruction of tidelands habitat through piling construction and other non dredge and fill technique where possible, 5. marina location near deep water to minimize dredge and fill, 6. marina location near well flushed water bodies, 7.' installation at all marinas of state of the art sanitation and pollution prevention and spill containment measures to maintain water dependent facilities. V. Marina policy for aquatic preserves. There should be no specific different policy for aquatic preserves. It should be noted that all aquatic preserves are currently regulated by DNR and DER per rules 16Q-18 (Biscayne Bay Aquatic Preserve Rules), 16Q-20 (Florida. Aquatic Preserves) and 17-3 and 17-4, Florida Administrative Code (Designation of all aquatic preserves as outstanding Florida Waters and regu- lating them more stringently than other water bodies.) Any further protection is superfluous. VI. Submerged lands lease fees. A.• Because so much submerged land available for water dependent activities is either completely exempt (because 2.05► privately owned) from lease fees or grandfathered until 1998, lease fees as currently structured should be eliminated. Basically, the non-exempt marina operator is supporting the tovereign lands management program in,its entirety while his -exempt counterparts and vessel owners and operators escape completely. B. It is recommended that: 1. A nominal lease fee should be prescribed for all marinas and similar water dependent activities that utilize state lands or waters. 2. The fee should be predicated on DNR staff costs necessary to pro cess -and -administer lease or license instru- ments for the entire state. (Such a program will immediately bring all activities located on sovereign lands or in sover- eign waters into view for the first time in Florida's history. Currently, no one knows exactly what kind of water dependent activities exist statewide.) 3. In addition to a nominal lease fee, one dollar from each boat registration fee collected should be earmarked for state lands management. [This fee alone will double the current state lands management budget. Currently, section 327.25, Florida Statutes, (the boat licensing statute for. Florida) mandates that funds collected through boat registra- tion must be used for a variety of programs including quality control programs. State lands management appears to be a quality control program. By allocating the cost of state lands management among all land based operators and motorboat owners and operators, a fair and equitable arrangement can be arrived at for management of state lands. Additionally, the lands management budget will be adjusted annually through legislative appropriation proceedings to reflect rising or declining costs of state land management.] C. There is nb apparent rationale for a geographical differential of submerged land lease fees. Any geographic -5- differential is tied to micro geographical location, not regional differentials. Hence, the idea of a geographically differentiated lease fee should be abandoned. STATE OF FLORIDA (Offire of #Ije 06niiernor THE CAPITOL v •'� TALLAHASSEE 32301 BOH GRAHAM GOVERNOR June 17, 1981 Mr. Robert M. Levy Vice President, Governmental Affairs 541 Lincoln Road Mall, Suite 208 Miami Beach, Florida 33139 Dear Mr. Levy: Governor Graham asked me to respond to your telegram of June 15 concerning the South Beach Redevelopment marina license. The Governor and Cabinet unanimously reaffirmed the license at their meeting Tuesday. They included an understanding that no hotel or other habitable structure would be built on the marina site, which satisfied concerns of environmentalists while affirming a condition that most involved with the Cabinet believed existed anyway. They also voted that when lease payments of $60,790 start in 1985, the lease payments will be subordinate to bond payments, which satisfied sole concerns of the redevelopment group. Thank you for your interest and recommendation. assist you further, please call on me. JNM/lg Sincerely, ; e )?� .0 re N. Moore, Jr. Special Assistant for Cabinet Affairs 4 An Affirmative Action,'Equal Opportun:.y Employer If I may 208 1000 RIVERGATE PLAZA LAW OFFICES DUBBIN, ScHIFF, $EHHMAN & DUi3BIN 444 BRICKELL AVENUE ?KSI, FLORIDA 33131 June 11, 1981 Mr. Harold T. Toal City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Status of South Shore Marina Submerged Land Dear Harold: TELEPHONE (305) 373-3606 Since you are the Official Liaison of the City with the Agency, this is to.brincj you up-to-date as to the most recent occurrences relative to the submerged land occupied by the South Shore Marina. On Friday, May 29,1981, Terry Lewis, of the firm of Messer, Rhodes, Vickers & Hart, our co -counsel in Tallahassee,and I attended a staff conference with the Department of Natural Resources. The facts appear to be: On June 18, 1974, the Trustees of the Internal Improvement Trust Fund (Governor and Cabinet) adopted a Resolution approving a license to the City of Miami Beach for the occupancy of 1,642,970 square feet (37.72 acres more or less) for use for the public South Shore Marina. The license was drafted and a copy of the draft is enclosed. For reasons unknown to me, or anyone else, the license was never executed. However, the record indicates that representatives of the Trustees and the City proceeded thereafter as if, in fact, the license has been executed. You will note that the said license provides in Section V. as follows: "This license shall be renewable annually if the licensee has com- plied with all the terms and condi- tions of this license, including payment of the annual license fee. The license fee for renewal should be less than the original fee. The Board shall not increase the license fee by more than 10% in any one renewal term." 209 im- M = = M = = = M ® = M Mr. Harold T. Toal Page 2 ITune 11, 1981 you will note that in Section 1 of the draft of the license, a license fee is specified at $0.02 per square foot of sovereignty lands. Such was calculated at -that time at $32,859.40 However,one of the conditions contained in the Trustees Resolution was that so long as the Marina use was made available to the public on a first priority basis, that the license fee was to be waived. Representatives of the department advised us that the policy had changed since 1974 and that the new policy of the Trustees is to charge a fee for the use. of submerged land for Marina purposes, whether public or not, of 3.7 cents per square foot. This would amount, at this time, to $60,789.89 per year. The staff recommendation to the Trustees is that the license be approved provided that the fee is paid for such use. The staff assured us that no Marina, public or privatef has been allowed to operate on state owned submerged land in the recent past without paying the specified fee. After consultation with bond counsel and a re-examination of the revenue coverage requirements of the pending bond issue and additional negotiations, the staff agreed to recommend: (a) That payment of the fee commence in June of 1985, which is a time when projected Marina revenues will provide sufficient coverage to meet bond debt service requirements and pay the land use fee, and (b) that the fee payment shall be subordinated to the bond debt service requirements. On Wednesday, June 10, 1981, we appeared in Tallahassee before the meeting of Cabinet Aides, at which time the proposal for affirmation of the license with the additional stated conditions was presented. This proposal will be presented to the Cabinet on Tuesday, June 16, 1981, for action with the recommendation of staff for approval. There is one additional requirement to technically perfect the Marina occupancy of the submerged land. As you know, the City, on February 1, 1978, adopted,a Resolution No. 78-15535 which resolved: DUBBIN, ScIiIFF, BF_RK?IAN & Duw3IN r 2wu rr rr �r rr it rr v �r � r r r■� r r� rr Mr. Harold T. Toal Page 3 June 11, 1981 "...that the Miami Beach Redeve.lopmerit Agency, subject to appropriate procedures being developed by the Administration, City Attorney and Redevelopment, shall assume all responsibilities for the development, construction and operation of the Marina." Subsequently, on June 20, 1979, the City; in Resolution No. 79-15945 resolved in part as follows: "That the City of Miami Beach hereby transfers all :Lts right, title and interest in the Miami Beach Marina, including but not limited to docks, wharfs, rents and profits to the Miami Beach Redevelopment Agency; provided, however, while the Agency may pledge,hypothecate or otherwise grant a security interest in the _ revenues of said Marina and may cause said Marina to be managed by contract or through agents, said Marina shall remain always in public ownership." The License Agreement (Section 3) requires that any transfers of the license be approved by the T.I.I.T.F. Although, the relationship between the City and its own Redevelopment Agency is a close one, I feel that in the interest of perfecting the record, particularly for the issuance by the Redevelopment Agency of the bonds to construct the Marina, that approval for the transfer be requested of and obtained from the Trustees. If you have any questions, please let me know. Since ely, MURRAY H. UBBIN cc: Mr. Herb Kay Mr. J. Ritter Ms. L. Allan Mr. T.' Lewis MHD:lh Dusrii\, ScnivF, BERKMAN S: Dui3mN 2-.1 t a STATE OF FLORIDA BOARD OF TRUSTEES OT THE INTERNAL IMPROVEMENT TRUST FUND STATE MARINA AND COMMERCIAL DOCK FACILITY LICENSE No. ML -13-39-1462 Expiration Date June 18, 1975 THIS LICENSE issued to CITY OF MIAMI BEACH pursuant to action on June 18, 1974 by the State of Florida Board of Trustees of the Internal Improvement Trust Fund, hereinafter referred to as the Board and CITY OF MIA14I BEACH hereinafter referred to as Licensee. WITNESSETH: That for and in consideration of payment of the annual fee hereinafter provided for, and the other terms and conditions stated herein, the Board does hereby license and permit said Licensee to construct, install and operate exclusively a marina and commercial dock facility upon sovereignty lands more particularly described -as follows: A portion of land lying West of and adjacent- to Block 111 of OCEAN BEACH, FLA. ADDITION- NO. 3 accroding to the Plat thereof as recorded in Plat Book 2, at Page 81 of the Public Records of Dade County, Florida. More particularly described as follows: Continence 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 1350.00 feet, more or less, to a po�-nt on the East line of Block.90 of -aforementioned Plat; thence run S 00°30'00" E along the East line of Blocks 90, 89, 88, 87, 86, 85, 84, 83, 82, 81, 80, 79 and a portion of Block ill, -and along their extensions' for 5207 feet to the Southeast corner of Lot 1, Block 111 of.said Subdivision; thence run S 89°05'00" W along the South line of said Lot 1, Block ill for 260.00 feet to a point on the East waterline of Biscayne Bay,. said point also being the Point of Beginning of Tract of land hereinafter described; thence run N 32°00'00" W, 300 feet west of and parallel to the Westerly Right of Way line of Alton Road for 2160.00 feet to a point, thence run N 25037'26" W for 335.62 to the Northwesterly corner of a Lot designated 50-C on Sheet 8 of City of Miami Beach drawing of aforementioned Plat; thence run S 58000'00" W at right angles to said Alton Road for 600.35 feet to a point; thence run S 32000100" E for 1254.00 feet to a point; thence run S 5800'00" W for 150.00 feet to a point; thence run S 32000'00" E for 500.00 feet to a point; thence run N 58100100" E for 150.00 feet to a point; thence run S 32000'00" E for 772.00 feet to a.point; thence run S 67°36'06" E for 400.38 feet to a point; thence run N 58°00'00"'E for 330 feet, more or less to other land of the City of Miami Beach; thence. run N 32° 00100" W for 358 feet, more orless, by other land of. the City of Miami Beach to the Point of Beginning; containing 1,642,970 sq. ft. (37.72 acres) ,' more or less. SEE CONSTRUCTION PERMIT FOR STIPULATIONS AND SECTION ONE OF LICENSE. 1/21%74 k �, .�. CC / TO HAVE THE USE OF the herein desc_ibed premises fora- period . one year from June 18, 1974 P d of the effective data of this /License. The terms and conditions on and for•which this License is granted are as follows: Section 1. As consideration for License to use state lands, the Licensee agrees to pay to the Board the gre4ter of $100 or $0.02 per square foot of sovereignty lands occupied. - as hereinbefore described, conditioned upon Licensee's faithful performance of the terms upon which this License is given. Fee waived with the requirement that the marina facilities be available for use by all local -and state citizens on a first priority use basis. Section- 2. The Licensee in accepting this License does hereby agree that no claim of title or interest to said lands hereinbefore described shall be made by reason of the occupancy or use thereof; that all title and interest to said land hereinbefore described is vested in said Board. Section 3. The License granted to the named Licensee shall not be transferred, without prior consent of the Board. Section 4. The Licensee agrees that upon expiration of this License, unless renewed, all permission granted to use, occupy and operate a marina or commercial dock facility upon the hereinbefore described lands shall cease and terminate. Soction S. This License shall be renewable annually if the Licensee has complied with all the terms and conditions of this License, including payment of the annual license e fee. The License -fee for renewal shall be no less than the original fee. The Board shall not increase the. License fee by more than 10% in any renewal term. Soction 6. The Licensee shall be allowed a 90 -day grace period after expiration of this License to renew the License. If the Licensee fails to renew within the grace period, he shall vacate the licensed premises and remove all structures amd equipment occupying and erected thereon at his expense. SOctIOlt 7. If the Licensee declines or fails to remove said structures and equipment occupying and erected upon the licensed premises, within 90 days after expiration of this License, such structures and equipment will be deemed forfeited by the Licensee, and may be removed and sold by the Board after 10 days' written notice by certified mail addressed to %lie Licensee. Section 8. Any costs incurred.by the Board in removal of said structures and equipment shall be paid for from the proceeds of sale of such structures and equipment. If funds derived from.sale of structures and equipment are Insufficient to pay costs of removal, the Board shall have, and is hereby granted a lien upon the interest of tho Licensee in the upland enforceable in summary pro- ceedings as by Law provided. Section 9. 'The Licensee shall hold and save the Board, its rcl)resentatives and designated agents .,harmless from all llAbilitie-s, claims and demands whatsoever arising from the installation, occupation and operation of 'the licensed focil,ity. 5ccttOil 10. ,No License is given to use or.occupy the licensed lll*cmises for any purpose other than herein specified, nor �qo of Shite Marina and Commercial Jock faci 1 ity License 2�'' w i• w..`wi i• ww iw wi w i• i• i• w w to permit the same or any part thereof to be used or occupied for any purpose or business other than herein • specified, nor to knowingly permit or suffer any nui- sances or illegal operations of any kind on the licensed '+ premises. j Section 11. The Licensee agrees to maintain the licensed premises in good condition keeping the structures and equipment loc..ted thereon in a good state of repair in the interests of public health and safety. Section 12.'- No fa'ilure, or successive failures, on the part of the Board 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 Board to enforce the same upon .any renewal hereof or in event of subsequent breach or .breaches. Section 13.' The Licensee accepts the provisions and conditions herein and if the Licensee fails or refuses to comply with said provisions and conditions, this. License may be revoked by the Board, upon thirty daysnotice in writing to the Licensee and an opportunityfor hearing thereon is afforded. IN WITNESS WHEREOF, the members of the state of Florida Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their names and have caused the official seal of said State of Florida Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed, in the City of Tallahassee', Florida, on this the day of , A D. 19 Governor (SEAL) STATE OF FLORIDA BOARD -OF TRUSTEES Secretary of State OF THE I N'rERNAL IMPROVEMENT TRUST FUND Attorney General Comptroller ACCEPTED this day of 19 Treasurer CITY .OF MIAMI BEACH LICENSEE By Name and Title ATTEST: (Corporate Seal) Commissioner of Education Commissioner of Agriculture As and Constituting the, State of Florida Board of Trustees of the Internal Improvement Trust Fund ?age 3 of 5"ate Marin,. :.-1d Com-nerci,.? /ock 'c,-; lit; License z-.4 JAMCS CLLIOTT MCSSCR R6 81101Y M. RHODES, P.A. CASS D. VICKERS, P. A. CCRALO T. MART, P. A. DOMINIC M.CAPARELLO MITCHELL S. HAIGLER, P. A. JOHN N. FRENCH, JR. JOHN C. LOVETT H. MICHAEL MADSEN M ',M M M ® M M M M M M LAW OFFICES .- MESSER, RHODES, VICKERS & HART A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS SUITE 701, LEWIS 5 -ATF- BANK BUILDING POST OFFICE BOX I876 TALLAHASSEE, FLORIDA 32302 TELEPHONE 904) 222-07.-0 ROBERT S. GOLDMAN TERRY E. LEWIS ROBERT S. 14IGHTOWER JAMES C. FAUSER ROBERT SCOTT COX JEFFREY N. ABRAMS June 5, 1981 Mr. Richard P. Ludington Department of Natural Resources Marjory Stoneman Douglas Building 3.900 Commonwealth Boulevard Tallahassee, Florida 32303 Re: Renewal of City of Miami Beach Marina and Commercial Dock Facility License No. ML -13-39-1462 Dear Mr. Ludington: This letter constitutes a formal request for renewal of the referenced marina and commercial dock facility license by the Trustees.of the Internal Improvement Trust Fund per the conditions of the original license issued June 18, 1974. The marina license issued June 18, 1974, granted the City of Miami Beach permission to construct a regional marina facility on 1,642,970 square feet (37.72 acres)in Meloy Channel adjacent to the City of Miami Beach. In pertinent part, issuance of the license was predicated upon the foregoing conditions: 1. The entire breakwater structure originally designed as part of the marina was to be eliminated from the project and future designs for breakwater structures required review by the Department of Natural Resources coastal engineer. 2. The annual marina license fee of $32,859.40 was waived with the requirement that the marina facilities will be available for use by all local and state citizens on a first priority use basis. 3. Water quality certification was required to be issued by the Department of Pollution Control. ;Z.5 Mr. Richard P. Ludington June 5, 1981 Page Two 4. The license was to be renewable annually if the licensee had complied with all the terms and conditions of the license. The City of Miami Beach has continued to comply with all referenced conditions. The original breakwater structure was redesigned and submitted to the Department of Natural Resources coastal engineer for his review. A copy of the original revised submission by the consulting engineers, Greenleaf/Telesca to the Department of Natural Resources and the Department of Pollution Control and the hydrographic analysis and conclusions of the Department of Natural Resources coastal engineer determining that the revision as presently constructed is "the optimum design based upon hydrographic considerations" is included -(Composite Exhibit l). The marina is and always has been open to the public. Additionally, the project received a Department of Pollution Control (Department of Environmental Regulaticn) water quality certification and permit issued September 15, 1975, and signed by Secretary Landers October, 1975 (Com- posite Exhibit 2). We believe, therefore, that the City has fully complied with all conditions of the original license.??_�n�,����� Based upon the original license, the City of Miami has proceeded in good faith since 1974 with the knowledge and approval of the Trustees of the Internal Improvement Trust Fund and staff to develop a regional marina complex. The facility will accommodate more than 400 recreational and commercial craft. As late as 1978 when the City made application for some slight modifications to its Department of Environmental Regulation permit and the issue of Trustees approval of a lease was raised, the Trustees' response was that the previous license granted by the Trustees was in force. (Composite Exhibit 3). Since license renewal notification by the Trustees staff is keyed to annual notice of fees payable, the City believed the license was annually renewed without need of formal action because condition 2 of the original license waived all fees. Under these circumstances it is the position of the City of Miami Beach that the license for z -_s Mr. Richard P. Ludington June -5, 1981 Page Three the project has been annually renewed by the Trustees staff automatically as a result of compliance with the original license conditions. Now, however, due to the fact that the license has not been formally renewed in over a year, confusion has arisen over the validity of the license. It is, therefore, necessary for the Trustees to reaffirm the validity of their original action. It is our strong feeling that we continue to have a license in view of the original action by the Trustees and our continued compliance with the conditions of the original permission. We are, therefore, requesting your prompt attention to clarification of this matter. Sincerely, Terry E. Lewis TEL:bdm Enclosures cc: Robert M. Rhodes, Esq. Murray H. Dubbin, Esq. 22'.7 M = = ® = ® M LAW OFFICES DUBBIN, Scrim BERKMel. & DuBBnc 444 13RICKELL AVENUE MIAMI, FI.OHIDA 33131 1000 RIVERGATE PLAZA June 1, 1981 Mr. Herb Kay, Executive Director Miami Beach Redevelopment Agency 335 Alton Road Miami Beach, Florida Re: Status of Marina submerged land Our File No. 17125-Y Dear Herb: RECEIVED J'UNI 3 1931 TELE -PHONE (305) 373-3606 On Friday, May 29, 1981, Terry Lewis and myself had a conference with Representatives of the Department of Natural Resources, namely: Alton Gissendanner, Executive Director; Henry Dean, Assistant General Counsel; Richard Ludington; Ted Forsgren, Bureau Chief, Bureau of State Lands Management; Daniel T. Penten; James Williams, Assistant General Counsel. -The following course of action was generally agreed to: a. The Agency acting through Terry Lewis, Special Counsel, will apply Monday for a hearing before the Governor and Cabinet sitting as the Trustees of the Internal Improvement Trust Fund for reaffirmation of the license.granted_on.June 18, 1974 f(a—copc f- which_ is _attached)_ and the formal execution of such license. The facts are that the license, although never originally executed, was deemed in full - force and effedt by all parties, and actually annually renewed in accordance with its terms. So what we're requesting is simply an affirmation of what all parties have considered has, in fact, taken place since the aforesaid date. The said license provides in Section V. as follows: "This license shall be renewable annually if the licensee has complied with all the terms and conditions of this license, including payment of the annual license fee. The license fee for renewal should be no less than the original Mr. Herb Kay Page 2 June 1, 1981 fee. The Board s1-:11 not increase the license fee by more than 1OW in any one renewal term. There is no specified license fee contained in the original document and we are taking the position that so long as the Marina facility is used for the general public and is available for use by the general public, the citizens of the State of Florida, and the community on a first priority basis, that no fee is payable. Representatives of the department advised us that the policy has.changed since 1974 and that the new policy of the Trustees is to charge a fee for the use of sub- merged land for Marina purposes,.. whether public,. or not, of 3.7 cents rTsquare foot, whey. calculated. that s would "be tant amount at ` tfii `time"to $_48 000" 'pew r_ - -- W - - - - year It wi'11'`lie`Yie"staff recommendation to the Trustees that the license be approved provided that the fee is paid for such use. We discussed with the Staff the potential damage that such imposition would do to the revenue stream necessary to service the bonded indebtedness. While we are attending the meeting, we touched base with Bob Olive, Bond Counsel; who, in turn, touched base with Laventhal and Horwath, Fiscal Consultant, and produced the following information: If the sum of $48,000 was assessed as a license fee commencing the first revenue producing year of operation of the Marina, that it would reduce the reuenue stream to a bond debt service coverage of less than 1. We were advised and, in turn, advised the Staff that the bond instruments required a coverage of no less than 1.25; that the interest rate, which was being presented to the Administration Commission for approval, namely 15.27% would result in a coverage of less than 1.1. Accordingly, the coverage was relatively thin and the Agency simply might not be able to agree to such a use fee._ Blob=-0liv€ f'sugges£'ea�a7aa such a z,ee;'were;'insisted upon;-'tYfa~ 3 _--commene��.izo•.• Bari-ier" *n the year 1985,"at which time it was projected that the""revenue-stream would produce Dui3im , ScHIFF. BERKmA\ & Du-i3BIN Mr. Herb Kay Page 3 June 1,1981 enough dollars, that the bond service requirements could be met and the fee--ipaid. the 'taff—At eseri ;cons �l Xi g..xhatproposa'P. It is anticipated that the request for reaffirmation will be_presented to the Cabinet at its second mee-ff! 7- ri uene. We are advised that the Governor—ana -the ttorney General will not be present at such meeting and should be aware of that. I agreed to consult with the Governor and ask whether he would prefer that it would be set at another time. b. In addition to the aforegoing, we have pending the issues which are primarily D.E.R. oriented issues of filling the deteriorated areas of the bulkhead line so that the bulkhead of the uplands facing the Marina will be straight and in accordance with design, and the openings in the bulkhead necessary to addomodate the upland canals. It was generally agreed that as a matter of law, the only action required from D.N.R. was consent to the use of the land and the staff evidenced its willingness to recommend consent to such use (being aware that the use could not take place until after permitting by the D.E.R.) The issue arose as to whether a hearing under FS 253.115 was necessary. It was generally conceded that under the language of the statute, a public hearing was not necessary prior to the approval of this type of activity. However, it was further acknowledged that the policy of D.N.R. up'to recently was to set a public hearing on anything that might arouse public controversy and that there were circumstances where the Cabinet requested a public hearing whether or not the law required it. M5c_6rding1y- if'was. agreed'that . am agenda -item -would be sent ,-to�the 0' Eabinet from_D.N.R�_ avising sof- the willingness of the :0 itaff:.to_ ssu�.�C'Consent Order or�sucii. use --and to inviter e fF6 r_ expres.sjLy�,orimply hT ?;the.Cabinets request foro !a._;publ3.c _Bearing. i£ 4rs. so _ chosea Such issue would be presented to the Cabinet some time in July. DL:BBI\, ScHiFF, BERKm-k & DUBBIN 2 AW Mr. Herb Kay Page 4 June 1, 1981 F C. There are additional requests from D.E.R. vis-a-vis "completeness. Such requests were discussed by Terry Lewis and myself. I previously drafted a statement as to "clear public interest" and Terry is going to examine it and see if he can improve upon it. Additionally, /wed-aV6'`been=zequested_`to show 3ocur a► 1 entation"tti"'ass "ie mai' itenance of yamb_ient water.°- e ua1�S'£ys These ocumn-s Piave previously been pre- pare3'-y Michele, Tackney and other consultants. Respectfully submitted, MURRAY H. UBBIN MHD:lh cc: Mr. Terry Lewis Mr. Robert Olive Mr. George Kouzulinski Mr. Steve Siskind a {,E 13""d & 13, /cam. . G . lei Me", t-k.k...�. DUBBI\, SCHIFF, BERK- Ah & DUBBIN LAW OFFICES DUBBIN, SCHIr7, BERxmAw & DUBBIN 444 BRICKELL AVENUE MIAMI, FLORIDA 33131 1000 RIVERGATE PLAZA January 21, 1982 Ms. Joyce Letsen First Boston Corp. Park Avenue Plaza New York, NY 10055 TELEPHONE (305) 373-3606 Re: Miami Beach Redevelopment Agency - D.E.R. #13-8332 Dear Joyce: As per our last conversation, I am enclosing a photocopy of a letter of November 4, 1981, from Richard P. Ludington, Director of the Division of State Lands, affirming the action of the Trustees of the Internal Improvement Trust Fund on June 16, 1981, in reaffirm- ing the marina li ense for the marina submerged lands. We have requested a certN ied copy of the license from Mr. Ludington. You will also note the fact that the Trustees approvEd the submerged land easement covering the hiatus between the upland property and the land lying within the licensed area. We have also requested a copy of the easement. I will communicate with you further when I receive the documents involved. Best wishes, MURRAY H. UBBIN MHD:pc Enclosure cc: Mr. Terry Lewis Mr. Gideon Kellermann Mr. Brian Bilzin r `I 4 State of Florida DEPARTMENT 4 4 . a .• om C OF NATURAL RESOURCES DR. ELTON J. GISSENDANNER Executive Director 3900 Commonwealth Boulevard, Tallahassee, Florida 32303 Mr. Stephen Fox, Director Division of Permitting Department of Environmental Regulation Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32301 Dear Steve: November 4, 1981 BOB GRAHAM Governor GEORGE FIRESTONE Secretrry of State JIM SMITH Attorney General GERALD A. LEWIS Comptroller BILL GUNTER Treasurer DOYLE CONNER Commissioner of Agriculture RALPH D. TURLINGTON Commissioner of Education RE: Miami Beach Redevelopment Agency D.E.R. #13-8332 Mr. Terry Lewis, Esquire, on behalf of the Miami Beach Redevelopment Agency, has asked that I'formally inform your agency of their compliance with all Board -related requirements under Chapter 253 and Section 258.165, Florida Statutes, regarding construction of the marina and the opening of the upland canal system. On June 16, 1981 the Board reaffirmed the validity of the existing marina license previously approved on June 18, 1974, and on October 6, 1981 the Board approved ir:suance of a submerged land easement covering a hiatus between the upland property under Miami Beach Redevelopment Agency control and the land lying within the license area. These two Board approvals comprise the total title authorization necessary for Miami Beach Redevelopment Agency to construct a marina complex on state-owned sovereignty submerged land. The opening of the upland canal system has been determined to be a non -substantive issue relative to the proprietary interests of the Board. Consider this the authority sought under Section 253.77, Florida Statutes, for construction of the marina complex and upland canal DIVISIONS / ADMINISTRATION LAW ENFORCEMENT MARINE RESOURCES RECREATION AND PARKS RESOURCE AIANAGEMENT STATE LANDS Stephen Fox Page 2 November 4, 1981 - system. This letter in no way waives the authority and/or juris- diction of any governmental entity nor does it disclaim any title interests that the State may have in this project site. Sincerely, Richard P. Ludington Director Division of State Lands RPL:dpp _• cc: Terry E. Lewis, Esquire Robert M. Rhodes, Esquire Wiarray H. Dubbin, Esquire Herbert Kay Suzanne P. Walker Richard Lotspeich 224 li2o BOBGRAHAM Governor GEORGE FIRESTONE Secretary of State JIM SMITH Stateo N lori �a Attorney General iiai i i i i�+i� GERALD A. LEWIS Comptroller GUNTER DEPARTMENT OF NATURAL RESOURCES BILLTreasurer DOYLECONNER Commissioner of Agriculture DR. ELTON J. GISSENDANNER 3900 COMMONWEALTH BOULEVARD / TALLAHASSEE 32303 RALPH D. TURLINGTON Ex"Mire Dirndor Commissioner of Education March 4, 1982 Mr. Herbert Kay, Executive Administrator Miami Beach Redevelopment Agency 335 Alton Road Miami Beach, Florida 33139 Dear Mr. Kay: We are enclosing executed Easement No. 26214(3145-13) for your files. Sincerely, Gloria C. Watson Operations Section Bureau of State Lands Management Division of State Lands GCW/ps cc: Mr. George W. Koszulinski Mr. Terry Lewis, Esquire �tNrsr�r h �o ADMINISTRATION •LAW ENFORCEMENT* MARINE RESOURCES a e DIVISIONS / RECREATION AND PARKS • RESOURCE MANAGEMENT • STATE LANDS 2'0(- 5 I" ® M C= r M M r =a P= BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND E A S E M E N T NO. 26214(3145-13) WHEREAS, pursuant to application made by Miami Beach Redevelopment Agency for a submerged land easement over sovereignty lands held by the Board of Trustees of the Internal Improvement Trust Fund and said Board did on October 6, 1981, agree to the granting of same, THEREFORE WITNESS, THIS INDENTURE, made and entered into by and between the Board of Trustees of the Internal Improvement Trust Fund, as grantor, and Miami Beach Redevelopment Agency as grantee, does hereby grant unto said grantee, subject to the conditions hereinafter set forth, a submerged land easement for filling and construction of a rip -rap bulkhead on the following described land in Dade County, Florida to -wit: LEGAL DESCRIPTION (SEE EXHIBIT A ATTACHED HERETO AS A PART HEREOF) The conditions under which this easement is granted are as follows: 1. The rights hereby conferred shall be subject to (a) any and all prior rights of the United States; and (b) any and all prior grants by the Board of Trustees of the Internal Improvement Trust Fund in and to submerged lands situated within the limits of the right of way hereinabove described. 2. That no title to said land is conferred by this instrument. 3. That the above described parcel of land shall be used 22 solely for the filling and construction of a rip -rap bulkhead and its maintenance . In the event the land herein described shall cease to be used for said purposes then the easement hereby granted covering said land shall terminate without notice from the Board of Trustees of the Internal Improvement Trust Fund. 4. That the grantee herein will not, in the filling of said lands and the construction of said rip -rap bulkhead will not unduly interfere with public or private rights therein. 5. That the grantee herein shall save, protect and hold harmless the State of Florida and the Board of Trustees of the Internal Improvement Trust Fund from all damages and claims arising out of the use of said easement by the grantee or any of its agents, servants, employees or contractors. 6. That the grantee by acceptance of this agreement, binds itself, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the grantee, running with the land. 7. The easement granted to the name grantee shall not be transferred, without prior consent of the Board. TO HAVE AND TO HOLD said easement unto said grantee for the purposes herein set forth. IN TESTIMONY WHEREOF, the members of the Board of Trustees of the Internal Improvement Trust Fund have hereunto subscribed their names and have caused the official seal of Page 2 of Easement No. 26214(3145-13) 2AJ . L. : = C: 2 : 2 k 2 said Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed in the City of Tallahassee, Florida, on the 1st day of Mari-h , A. D. 19 82 w.\ Eirl • .....,.1f. 2° Z - (q64. - - 'Dr* RUB" a I T ES Governo ;Or fi�rEHA' ; 6 .,.tUS r_upbjAlc,.AXY 6,1 In `, 1 =. 5 S r ,. ,i' Secret ry f S - e 5t4 Att ey General omptroller *-C**e. 2444 - Treasurer vlJ ' L Comm sioner of Educati.o ,--ZrZe-i 4 (G7g-"I"46-V Comrr(isPioner of Agriculture As andel Constituting the Board of Trustees of the Internal Improvement Trust Fund This instrument was t ` - ; Lr'( prepare by: 4011, - Gloria C. Watson , 20e ... �_.,..•__. ..� _.. Department of Natural /' , ., } Resources 3900 Commonwealth Blvd. Tallahassee, Florida 32303 Page 3 of Easement 2,-,8 No. 26214 (3145-13) F ® MO M. M M. MOM EXHIBIT A ( PARCEL A, B, & C ) Legal Description of lands Easterly of the Westerly line of Block 111, Ocean Beach Addition No. 3, as recorded in Plat Book 2, at Page 81, of the Public Records of Dade County, Florida; lands bounded as follows: Parcel A: Bounded on the East by the Mean High Water Line at the face of an existing bulkhead, 5. 70 feet Easterly of the Westerly line of aforesaid Block 111; bounded on the South by the Northerly 12. 0 feet of Lot 40 of said Block 111; bounded on the North by the Southerly 12. 0 feet of Lot 41 of said Block 111; bounded on the West by the Westerly line of said Block 111; Also Parcel "B" , bounded as follows: Bounded on the East by the Mean High Water Line of Biscayne Bay as shown hereon, said Mean High Water Line meanders along a line Easterly of the Westerly line of said Block 111; bounded on the North by the intersection of said Mean High Water Line with the Westerly boundary of said Block 111 at the Southwest corner of Lot 23 of said Block 111; bounded on the Southwest corner of Lot 13 of said Block 111; bounded on the West by the Westerly boundary of said Block 111; Also: A parcel of land located in South Beach Park, as recorded in Plat Book 6, at Page 77, of the Public Records of Dade County, Florida, hereon shown as Parcel "C" , and bounded as follows : Bounded on the East by the Mean High Water Line of Biscayne Bay at the face of a concrete bulkhead, as shown hereon, said bulkhead being Easterly of the Westerly line of said South Beach Park; bounded on the South by a line parallel to and 158. 5 feet, more or less, South of the North line of said South Beach Park; bounded on the West by the Westerly line of South Beach Park; bounded on the North by a line parallel to and 45. 00 feet, more or less Southerly of the North line of South Beach Park: Parcels A, B and C contain 0. 176 acres, more or less. Page 4 of Easement No. 26214 (3145-13) 229 MANAGEMENT AC1<E1;MEN'1' THIS AGREEMENT, made and entered into this 16th day of April 11982 , by ;arid Uetrrcen the MI!1MI BEACH REDEVELOPMENT AGENCY (hereinafter referred to as "AGENCY") a public instrumentality organized and existing under the Laws of the State of Florida, and YACHTING CENTER MANAGEMENT CORPORATION (hereinafter referred to as "YCMC") , a Florida corporation. Commencement date: April 19, 1982. W I T N L S S E T 11 : WHEREAS , pursuant to Section 163 et seq . , Florida Statutes , and various Resolutions of the City Commission of the City of Miami Beach, the Agency is charged with the re- development of the South Shore area ; and WHEREAS, Agency desires to construct, furnish and equip a Marina in said South Shore area; and WHEREAS, Agency desires to hire YCMC as an independent contractor to provide services to Agency to operate and mange • the business of the Marina for the benefit of the Agency , and YCMC desires to render such services , all upon the terms , covenants and conditions hereinafter set forth . NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties hereto agree as follows : 1 . Definition of Terms . As used. herein, the following terms shall have the respective meanings indicated below: (a) PREMISES : The premises consists of that certain property situate in Miami Beach , Dade County , Florida, lying Southerly of the McArthur Causeway :,nd West of Alton Road, 230 COMMONLY CALLED THE South Shore Marina , together with certain lands adjacent thereto, and together will two piers consisting of approximately 50 slips , and all rights of access , ingress and egress , riparian rights , water courses , easements , appurten- ances , and any and all other improvements thereunto belonging or constructed thereon . Attached hereto as Exhibit "A" is a sketch showing that portion of the Marina and land adjacent thereto, which constitute the premises . (b) MAIUNA : A collective term for the premises and improvements thereon , the furnishings , equipment and supplies , and the activities to be conducted by YCMC thereon . (c) OPERATING Y1Alt: The first "Operating Year" shall begin on the commencement date hereinafter set forth and shall end on May 31 , 1983 . . The second "Operating Year" shall commence on June 1 , 1983 and end on May 31 , 1984 . 2 . TERM : A. The term of this Agreement shall commence on the date hereof ( the "Commencement Date") and shall terminate at. 11 : 59 P. M. on May 31 , 1984 , provided that the Agency shall have the right at any time to terminate this Agreement upon 30 days written notice to YCMC; provided, further, however, that said right of termination shall not he exercised arbitrarily . B. It is hereby acknowledged that the Agency intends to finance and construct certain Improvements to the Marina in the near future, and that as a result it may be necessary or desirable to terminate this Agreement and any agreements related thereto, such as slip rentals , concession agreements or other agreements related to the Marina . Accordingly , all contracts or agreements concerning the Marina shall provide for termination within said 30 day period and shall further provide that the Agency shall be empowered to 231 N OM MI E .. Ica - 0 1 NM KM I - • remove or store any vessel or other property , and charge the costs of removal or storage as a lien against said vessel or property . The form of all contracts shall be subject to the prior approval of the Executive Director of the Agency , which shall not be unreasonably withheld. Upon the expiration of the term or termination of this Agreement, notwithstanding said expiration or termination, it shall be the responsibility of YCMC to remove or cause to be removed any vessel or property which the Agency directs to be removed, and advance the costs of said removal subject to reimbursement to the extent of any lien. C. YCMC recognizes that its selection to manage the Marina was done through a process of competitive negotiation. material Accordingly, YCMC will not seek to vary the/terms of this Agreement. If it does so, the Agency shall have the right to terminate upon 30 days written notice to YCMC. 3 . CONDITIONS OF USE: A. YCMC has had the opportunity to inspect the premises, finds same seaworthy , and agrees to manage the Marina in its present condition, with some improvements to be performed by YCMC. YCMC acknowledges that it has been informed that the CITY OF MIAMI BEACH and IRVING M. ELLIS, JR. , occupy certain property adjacent to the subject premises . YCMC covenants and agrees that it will not interfere , or suffer others to interfere with the business or operations of the CITY OF MIAMI BEACH or IRVING M.ELLIS , JR provided that nothing herein shall prevent or preclude activities or enterprises in competition with IRVING M. ELLIS, JR. YCMC further covenants and agrees that the Agency shall not be responsible for any injury to YCMC or any person taking or occupying under YCMC caused by the CITY OF MIAMI BEACH or any of its agents , employees , officers , officials or invitees. B. Except as provided in the foregoing paragraph, during the term of this Agreement, and particularly during the period of time during which boats are docked or berthed at the subject 232 NM MI M ! - I=911 - ® 1 0 O piumises , YCMC shall completely supervise and be responsible for the use of the premises and property of all licensees , invitees , concessionaires and employees , and suffer no condition to exist which is unsafe or dangerous to life , limb or property , and use every reasonable means at its disposal to abate any dangerous condition , immediately upon learning of same . YCMC shall cause adequate security to be provided within the Marina at its expense . 4 . ' PAYMENTS TO MANAGER AND GUARANTEES OF REVENUE A. All gross income as that term is defined hereat Ler shall be deposited to a separate account to be maintained by YCMC, subject to the Agency ' s audit . Prom the funds in said account , the Agency shall receive on or before the first day ot each and every month of the term of this Agreement ,* the sum ot Five Thousand ($5 , 000 . 00) Dollars . The remaining moneys from said account shall be paid over to YCMC when , as and if received as full compensation fur all management , marketing and other staffing and expenses necessary or desir- able to operate the Marina and related activities . YCMC represents that it is capable of generating revenues at the Marina sufficient to allow for payment of said monthly sum to theAgency - and to pay all staffing and operating expenses. To the extent that cash flow or revenues are insufficient • to make said payments , YCMC shall be required to make the same. In addition to said monthly payments , in the event gross revenues are in excess 01 four hundred Thousand ($400 , 000 . 00) Dollars in any operating year , 85''i of said excess shall be paid to YCMC and 15% of said sum ::hall be paid to the Agency . All employees , utilities and other expenditures shall be hired , employed or purchased in the name of YCMC. * co:amencir.g June 1 , l982 and the final payment due May I , 1984 q _ 23 — r — — Ca MI For purposes of this Agreement , the term "gross income " shall mean the sum of : (a) All fees or income received bylYCMC for berthing or dockage or the sub- letting of any portion of the premises other than concession sales ; and (b) All commissions , overrides or other fees or income received by YCMC from concessionaires or licensees ; and (c) In the case of any concession which is operated by YCMC, gross sales from said concession, less cost of goods sold and direct labor costs ; and (d) All income netted by YCMC at the Marina not listed in (a) , (b) , or (c) above . H. As security to the AGENCY for full performance by YCMC under this Paragraph , MCMC shall post a letter of credit in a lona and with an institution reasonably acceptable to the Agency , in .the amount of $30 , O00 . 00 , no later than ten (10) days subsequent to the execution hereof . 5 . PUBLICITY : YCMC shall , wherever possible, identify the Marina as being the "South Shore Marina " being developed by the MIAMI HEAC11 REDEVELOPMENT AGENCY . 6 . INSURANCE INDEMNIFICATION , HOLD HARMLESS : A. YCMC shall familiarize itself and comply with all federal , state, county and municipal ordinances or regulations controlling the premises or affecting ,ante . YCMC shall indemnity and save harmless the .CITY OF MIAMI BEACH, the Agency and all of their officers , agents and servants against any Claims or liabilities arising from, during , or on account of the operation of the Marina , other than those arising as a result of the gross negligence of the Agency or the CITY OF MIAMI BEACH. 234 = COI 111111 ® CM 'J . YCMC shall obtain the following insurance : (a) Comprehensive general liability covera,je having a single limit of not less than One Million Dollar ( $1 , 000 , 000 . 00) . Said policy shall be endorsed to provide that in consideration of the premium charged, it is further agreed that YCMC ' s contractual liability is included under the policy . The insurance coverage shall extend to and include YCMC ' s obligation to indemnify and hold harmless the Agency and the CITY O1' MIAMI BEACH . (b) Products liability insurance in the amount of not less than One Million ( $1 , 000 , 000 . 00) Dollars cover- ing all products sold on the subject premises excluding boats ; provided that such coverage may be provided through the addition of the CITY OF MIAMI BEACH and the MIAMI BEACH REDEVELOPMENT AGENCY as additional insureds to the concessionaires policies . (c) Each such policy shall name the Agency and the CITY OF MIAMI BEACH as co-insureds thereunder and shall be issued by insurance companies authorized to do business under the laws of the State of Florida which have a rating of at least A:AA as per the latest edition of Best ' s Insurance Guide . (d) Property damage , including comprehensive coverage in the amount of One Million ($1 , 000 , 000 . 00) Dollars covering all property of the Agency under manage- ment . anage-men►t . (e) Such other insurance in such amounts as may be necessary so that the Agency and CITY ON MIAMI BEACH are covered for all activities at the Marina . - - 235 MN MI OM Cal ( f) Until such time as the policies required by Subpar.ayra . h 13 hereof have been obtained and copies thereof turnished to the Agency , YCMC shall not commence improvements to or operation of the Marina . Each such policy shall state that it is not cancellable prior to the end of the term of this Agreement except with the approval of the Executive Director of the MIAMI BEACH REDEVELOPMENT AGENCY . 7 . AFTER COMMENCEMENT DATE : (a) Subject to the terms hereof and the rights of the Agency , after Commencement Date Agency hereby grants to YCMC the sole and exclusive right and responsibility to super- vise and direct the manayement and operation of the Marina . During the term hereof , YCMC shall use its best efforts in the management and operation of the business , services and sales of the Marina so that , subject to the provisions of this Agree ment , the Marina and its services will be operated and maintained in a first class manner with the maximum of profit consistent therewith. YCMC shall operate the Marina for a marine business , including but not limited to slip rental , boat storuye, reitairs , fuel sales and related services , ship stores , bait and tackle, snack shop, chandler, ' boat shows , yacht brokerage , charters and sightseeing , retail sales and for any other related purposes . (b) YCMC shall receive , consider and handle the complaints of all tenants , licensees , concessionaires , guests or users of any of the services or facilities of the Marina . (c) YCMC shall ne.intain the buildings , appurtenances • and grounds of the Marina in accordance with st_nd_:rd,z reason- ably acceptable to Agency including , without limitation , interior and exterior cleaning , painting and decorating , plwnbing , car- pentry , and such other normal maintenance and repair work as may be desirable . 236 - 7 - " w- 4 W-1 It _ xs rS • (d) This is a "net net " Acjreemer<t , and YCMC shall be responsible for all costs and expenses of maintaining and operating the Marina throughout the duration of this Agreement, provided, however, that although this agreement is for the performance of a public purpose on publicly owned land which said land is not subject to ad valorem taxes, in the event property tax,4s are assessed by any governmental agency and said assessment is ratified by judgment of a court of the highest competent jurisdiction, it is agreed that YCMC and the Agency and the Agency shall each pay one-half of such taxes or other governmental charges arising subsequent to the commencement date hereof. (e) YCMC shall collect all rent and other charges from tenants, licensees and concessionaires in consequence of the authorized operation of facilities in the Marina and otherwise due with respect to the Marina in the ordinary course of business. Agency authorizes YCMC to request , demand, collect, receive and receipt for all such rent and other charges and to institute legal proceedings in the name of YCMC or, if necessary, in the name of the Agency, subject to the review of all complaints prior to filing by Agency ' s counsel , for the collection thereof, and for the dispossession of tenants and other persons from the Marina. All monies collected by YCMC shall be forthwith deposited in a single bank account, and disbursed only in accordance with this Agreement. (f) YCMC shall comply with all statutes , ordinances, laws , rules, regulations, orders and determinations affecting or issued in connection with the Marina by any governmental authority having jur- isdiction thereof, as well as the terms of each insurance policy and all orders and requrements of the applicable Board of Fire Underwriters or the applicable Fire Insurance Exchange. (y) YCMC shall apply for, obtain and maintain all licenses and permits required in connection with the operation and management of the Marina. Agency agrees to execute and deliver any and all applications and other documents and to otherwise cooperate to the fullest extent with YCMC in applying for, obtaining and maintaining such licenses and permits but whenever possible all said licenses and permits shall be obtained in the name of Agency. When it is necessary that any such license or permit be taken in a name 2:3 7 111111 r" =a an am MI MI MI other than that of the Agency , YCMC agrees that such license or permit shall be held for the benefit of Agency , and YCMC shall claim no interest therein , and shall surrender same to Agency or its designee upon the to rmination%of this Agreement . lf, after due diligence, YCMC is unable to obtain the necessary licenses , C . U. ' s and/or other permits necessary to fully effectuate the purpose of this Agreement by July 1 , 1982 , this Agreement shall be voidable by YCMC or the Agency . In such event , any payments to the Agency made by YCMC as a result of P,1:ruyraph 4 shall be returned to it , but the Agency shall not be required to refund or reimburse any other sums to YCMC whatsoever . 8 . IMPROVEMENTS TO TUE PI<EMI SES . (a) As an inducement to the Agency to enter into this Agreement , `_'CMC agrees at its sole cost and expense to make some permanent improvements to the Marina . Subject to the approval of the Agency ' s Ex..:2cutivc Director , YCMC shall make such physical improvements to the premises as it deems necessary to facilitate the _.uccessful operation of the Marina and related enterprises permitted hereunder . . YCMC shay_ undertake to cause same to be made at its expense . All contracts and contractors utilized by YCMC shall be sub- mitted to the Executive Director of the Agency for approval . YCMC shall have no authority to cause any lien for work or materials to attach Lu the premises . YCMC covenants to timely pay its contractors for all work performed by them. In the event any mechanic ' s or mnaterialmen ' s liens are filed against the premises , YCMC shall satisfy same or cause said lien or liens to be transferred to a bond in accord- ance with applicable Florida Statutes within thirty ( 3U) days . Prior to entering into any contract for improvements , YCMC :;hall obtain and deliver to the A;ency a payment and performance bond substantially in Lire form provided by 238 11111 0 MI D MI NM - OM S - ". • 1F'.. S. 2: 5 . 05 assuring payment of all cunttactors , laborers and nnaterialmen . YCMC shall be responsible for obtaining all permits required in connection with any improvements made by it to the subject premises . At the conclusion of the term of this Agreement , all permanent imj'rovewucnts made by MCMC shall become the property of the Agency as herein- above set forth, provided, however , that the Agency shall have the right and option to require YCMC to remove ar.y such improvements , and return the premises or any portion thereof to their condition as of the date of execution of this Agreement. (b) In the event of termination -of this Agreement on or before December 1 , 1982 , the Agency shall reimburse YCMC for any and all improvements to the premises not to exceed $24 , 000 . 00 . In the event of termination of this Agreement subsequent to December 1 , 1982 , the Agency shall reimburse YCMC for any improvements to the premises to the extent of 1/24th of the total cost of such improvements , multiplied by the number of months (including any part of a given month) remaining under this Agreement ( for example : Leasehold Improvements - $24 , 000 . 00 Agreement terminated July 3 , 1983 Months remaining - 11. $24 , 000 . 00 x 1/24 x 11 = $11 , 000 . 00 reimbursed to YCMC by Agency) . 9 . COMPENSATION . As compensation to YCMC for the services to be rendered , MCMC shall retain , after all expenses and payments to the Agency as hereinabove set forth , any and all income which might be derived from the Marina and related enterprises permitted hereunder . 1U . CONDITIONS OP OPERATION . Operation of the Marina - 10 - 239 - r-1 EiT2 COM MO MOO IMO ONO OEM shall be in conformance with all conditions impose1 by the State of Florida and the Marina license . 11 . NO INDIVIDUAL LIABILITY : (a) No member , official , employee or consultant of the Agency or the CITY OF MIAMI BEACH shall be personally liable to the Manager, or any successor in interest in the event of any default or breach by the Agency or for any amount which may become due to the Manager or successor or on any obligations under this Agreement. (b) No officer , stockholder, director or employee of the Manager shall be personally liable to the Agency or successor on any obligation arising under the terms of this Agreement . 12 . ASSICNMENT: This Agreement shall be non-assign- able , except that nothing herein shall prevent the lease of individual slips or granting of concession rights . 13 . AUDIT : YCMC shall- keep accurate records of its receipts and expenses and shall make same available to the 'Agency or its designee upon request at the Agency ' s offices. This covenant shall survive the expiration of the term hereof . 14 . NOTICES : All notices shall be sent addressed as follows : TO AGENCY : Executive Director Miami Beach Redevelopment Agency 335 Alton Road Miami Beach, Florida 33139 TO YCMC: c/o David H. Neve' , Esquire 407 Lincoln Road - Suite 11-D Miami Beach , Florida 33139 240 111=3 1=11 CAI 14 . ENTIRE AGREEMENT , CAPTIONS : This writing constitutes the entire agreement between the parties . Captions herein are solely for. convenience . IN WITNESS WiiE1?EOP , the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. ACENCY : MIAMI CH REDEVELOP/MU, AGENCY B. glow— Chairman ATTEST: i • �• /GC/4.:-7/--e LjG�f� Secretary YCMC : YACHTING CENTER MANAGEMENT CORPORATION By President ATTEST: Secretary 241 .- Z ® ® N M IMO IMO MMO // , LL tr' 1M!)1 11 �jlQ� State .v1 w Q HJa9 •DepartmentaaSgittural Resources L; Interoffice Memorandum April 6 , 1983 TO: All Interested Parties FROM: Division of State Lands Bureau of State Lands Management RE: Submerged Land Leasing Policies and Fees : Chapter 16Q-21 , F.A.C. , Amendment Package and Schedule of Public Hearings Enclosed herewith is a package of the proposed amendments to Chapter 16Q-21 , Florida Administrative Code, regarding 1l easing policies and_fees for_ sovereignty- submerged lands . The amendments indicated on pages one through four-and- at the top of page five represent the recommendations of the Blue Ribbon Marina Committee for the most part. The alternatives listed on pages five through eight were offered by the Governor and Cabinet for public consider- ation and comment. Public hearings are scheduled at the dates, times and places as indicated below and The Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund, will preside at the June 21 , 1983 hearing. It is at this meeting that the amend- ments will be considered for final adoption Your participation and interest is appreciated. If you have any questions, please feel free to contact Casey Fitzgerald at 904/488-2297 . Thank you. TIME AND DATE 10 :00 a m. , May 5 , 1983 PLACE: Douglas Building, Room 302, 3900 Commonwealth Boulevard, Tallahassee, Florida TIME AND DATE: 9 :00 a.m , June 21 , 1983 PLACE: The Capitol, Lower Level Meeting Room, Tallahassee, Florida CF/cas 242 DEPARTMENT OF NATURAL RESOURCES Division of State Lands Rule No. : 16Q-21 RILE TITLE: Sovereignty Submerged Lands Management PURPOSE AND EFFECT: The rule is intended to provide for a more equitable and comprehensive leasing and registration program for certain uses of sovereignty submerged lands. Information and funding generated under the proposed rule should result in improved management capabilities for said lands. SUMMARY: This rule provides for the one-time registration of grandfathered facilities (those structures on sovereign lands which would require a lease under current rules but were constructed prior to March 10, 1970) , conversion of licenses to leases upon the expiration or renewal date of licenses, and revi- sions to the existing lease fee schedule. Alternative proposals regarding expansions to grandfathered structures, lease fee schedules and ex n tions frau same are included as an addendum to the rule for public consideration and cart- ment at the scheduled hearings. RULE MAKING AUTHORITY: 253.03(7), 253.73, F.S. LAW IMPLEMENTED: 177.27, 253.03, 253.115, 253.12, 253.47, 253.67-75, 370.16 F.S. ESTIMATES OF ECONOMIC IMPACT: Implementation of this rule will significantly increase staff workload and should require funding for two additional staff per- sons for one year to process grandfather registrations aid conversions of licen- ses to leases. To implement alternative four, funding for two full-time accountants will also be required. Owners of grandfathered structures will be assessed a $200 registration fee and license holders will be assessed a $200 lease application fee for conversions. Revenues frau one time registration and conversion fees are projected to exceed $100,000. Annual revenues frau new leases, leases frau converted licenses, and from existing leases are projected to increase under the new proposals over revenues projected under the existing rule; however, the degree of the increase depends upon which alternative lease fee schedule is implemented. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE AND ECONOMIC IMPACT STATEMENT: Casey Fitzgerald, Land Planner, Department of Natural Resources, 3900 Commonwealth Boulevard, Tallahassee, Florida 32303 NAME OF THE PERSON(S) ORIGINATING THE PROPOSED RULE AND ECONOMIC IMPACT STATEMENT: Blue Ribbon Marina Committee, Department of Natural Resources, and the Board of Trustees of the Internal I_mprovement Trust Fund NAME OF SUPERVISOR OR PERSON(S) WHO APPROVE THE PROPOSED RUT F: Board of Trustees of the Internal Iiuproverrent Trust Fund DATE PROPOSED RULE APPROVED: March 15, 1983 24,- J 111=1 IC= 1111111 1111= .1111 16Q-21.02 SCOPE AND EFFECTIVE DATE (3) Docks, piers, and other such atrut-tures nn snverelent y lauds In existence prior to March 10, 1970 ehal I i.e subject to the pruv151011s et thin rule commencl ng on January 1, 1998. Any Cxp:Ins Ions to such at reit ores nhalI be subject to the prov is Ions of this rule, If any expansion tborelu requires the use of any ndditboost sovereignty (ands. It-is-the intent--o-f--this -section to continue; unchanged, the hrandfather clause provided In the previous- Section 16Q--17:14(1)(a)-;(i), and ( 1); PIurldv Adull-ttstrative Code: (4) Docket piers, and other such structures nn sovere.l8nty lauds In existence 1r-Ior to March 10, -1970_ and which would require a_lease pnr- suant to Section 161-21.05,(1)(b), Florida Adminl:it rat lve Code, shall he required to-register the structures with the department before .lune 311, 1984. (5) Any expansion of an cxi St Log net ivlty mba!I he sohI.•ct to the provisions of this rule. Specific Authority 253.03(7), P.S., Low Implemented 253.03, 251.12, 253.77, F.S. Ili story-slew 3/27/82, Amended 16Q-21.03 DEFINITIONS • (18) "First Come, Fl rat Served" means any water dependent facility operated on the sovereign lands of the state the services of w111ch nue open to _the 'teneral public ou a first comet first served bee is. Th la Is intended to cover services uffcred to vnr1oux types, classes or prones of 1L,/bllc users and ouch service need not be comjrehenslve. Tl.c service offered may. be a specialty service much as boat repair seafood �lurv_Laelny-_marine atLQ rentals or shipping terminals ss lonf as tht1• are open to..the general class of users wlthoet .any .lnallfying -requ1r_emeutn such as club membership or stock ownership. Sport(lc Authority 253.03(7) F.S. Law Implemented 257.03, F.S., 111fit ury-New 9/26/77, formerly 16C-12.01 and 16Q-17.01, Amended 3/27/82, • 16Q-21.04 MANAGEMENT POLICIES, _STANDARDS, AND CRITERIA (d) Act Ivit its on sovereignty lands sha1I he Ilailred to water dee.>ndem :lel (viiies only unless the hoard del. r,si is Lieut It Is in the pub!I.- Interest to allow an except inn as del.•ral .-.I by a vas.: by case eva- Iwit_lnn. Pihllr pr.l.•crs which :ire primarily Int.•nd.ed to provide :Ir:eS9 to_and use of the waterfront .u.ty be permI t ted to cont a10 minor uses wh lc4 are nut wnt.•r �IcprndnM If: .. - - -- -- .. . .- I. locat0.1 In ,r-'ns 31011!; seawalls or other 11011.1.110ral ahorelInes; 2. l"c.il ed Ilei'ilii' of .1.111.11 IC preserves ar i lass 11 walers; .110• , • • 244 N I N ® - M L • 3. the nnnwate_r dependent uaaa areincidentto as Lr depidl the hlc nr osea 1 of the prnjuctL and constitute only minor neerehore encroachments on -- r. • � � ken lands. - --- -- - -- -._.. .----• - -- ---- - -• - (h) F.xpanelons to exlstlnb 6randInthered lease fnellitlus shall reg.nl re a lease.for .the expanded area only. 1) All e.xist lA4 1ice_nses shall be converted to leases !Ton the • replr+tion or renewal date of the Lleense._ Speriflc Authority 251.03(7), F S., Law Implemented 253.03, 253.12, 251.14, 253.47, 253.67-253.75, P.S.. History-New 3/27/82, Amended 110)-21.05 FIIOCE0URES (b) LEASE - Is required for: a 3• Grandfather structures upon sales reassl%nment or other form of convevance or transfer; -- 4. Exist I.% licenses aeon the date of expiration or renewal. (e) CRANUFATIIEK STRUCTURE REGISTRATION - is required for: 1. flocks piers and_ other such structures_ on soverelenty latula In existence prior to March Ill, 1970 which do not now have a lease but_ would re.lulre a lease .pursuant. to Sect inn 16q-21_05(1)(h). Florida Lite!n i st rll(ve Cod.:. • 2. Ducks, piers and other such structures which were app'-oved by the board or depart:acnt between_Narch 10, 1970 and ttarch 27, 1982 which would • now require a lease pursuant to Sect Ion 16r1_21_.OS(1)(b), Florida ._ Adwinistrat lye Code. - - Specific Authority 251.03(7), F.S., Law Implemented 253.03, 177.27, F.S., History-New 9/26/77, Formerly 16C-12.01 and 161)-17.01, Amended 3/21/82, 1611-21.08 APPLICATIONS Foil LEASE. (I) STANDARD LEASE (b) Terns and .-ondlclnns shalI include but not he limped I0 the fellnwln,;: 2. All (_.eases shall hd .• for a t.•rm of op to 25 years 5 years an ren.•wahle sr rite opt loop of the bo:ird or department. The annual lease tc.• may he alleintrd each time a lease is renewed. Leases tar longer terns may-be repot lated. Leases shall Include prowl alnns f-.r le.i.a I••e ad lust seal s and payment a annually.. • 245 ica NE mi I C3 ® or= :.. mi NE mai =in ,1016V, • • 3. Al I leases shall to asaignable, In wluel.• or In part, upon the approval of the board or deportiaent• Noncompliance with any I era of an ' executed lease may be grounds for cancellation of the Iease. Specific Authority 25.1.03(7), 253.71, Law implemented 251.01. 251.12, 253.115, 253.47, 251.67-75, 370.16, F.S. history-New 12/211/78, Formerly 162-12.14 and (6Q-17.14 Amended 3/27/82, . 16Q--21.(BI APPLICATIONS FOR CHANOFA'r1Ii;H Sfl11Cruin: IlEr 8:11tAl ION (1) Appltcattons for grandfather structure rug(at ral.Ion nhaII include the fnl_lnvtng: (a) Name, address and tclephonc number of .yeplIeunl :utd applicant'a authorized agtentL tf applicable. (b) Locution of the proposed activity Including; county; Meet inn• ; township and r:ulpe;. affected watcrhody; and a vicinity map, preferably n reprndoction of the appropriate port ton of a hotted States Ceologl.:nl Survey gnadrangte • (c) Satisfactory evidence, of title In al:plicant's riparian upland Lroperty_ (d) 'two copies of a dimensioned atte plan drawing(s) with the following-reuttremento: 1. utilizing an appropriate scale on 81/2' x II" size paper; 2. ahowlng. the approxtmate waters edge; 3. showing the location of the-grandfathered ::l rout urea; 4. showing the applicant's upland parcel property lines; (e) dated aerial photography, previously Issued permits or nufhorizatlnns, or other sat ta(actoy information which verifies that the etnicturea aleuUfy .as .grandi'ather structurea._ - -- -- - -- (f) a 52U:1.0f nonrefundable nrocesslng and r••gisirstlon fee. Syectf(c Authority 2.51.01(7), F.S., Law f:nple:tented 251.03, 253.71, F.5., history - New 16Q-21.11 PAYMENTS ANI) FF.ICS FOH STANDARD LEASES, FA:wile!!rS• ANO SEVEIIEI) 1)11ElICE `tATEHIA).5 (1) STANDARD (.EASES • (a) The annual lease fee shatI be rnmpotrd at a bate rate of $11.05 $4:045 per s. d-pe.ere foot.;proslaiehrnreve-r-that the rate-ahahi he automat h-ally adjusted to a now rental- fee apmr adoption of a -rete revising, this rata. 'Till, .d_hest-rd rate shall 'he prospective for the remainder of the trrm of the lease. (h) There edtai I he .i Mau:Mud of $0.112 per whose•• foot per year_ for all to'n:.•s Ihnl sen+ open to file public on 3 first come, first served hada• • • • • • • y - t 246 5 • OMNI" 111111 1101111 1111111 • • (c) An addit tonal 21)% of the lease fee_fatal I be .chat:ged.for the (iron i • annual tee' on all Teases. (d) The per sTiare foot base_rate shall he revised Hard, I of each • year sod..forreased n lecrease%i based on the Consumer Price I . .__..... I t ems Jraisai t o pa raeapii (e) The rate for all new leases_shal I be dot ermined...according.to the. ia..ppropr ..l;athr.rate Atiliedule for the yeas.in_wh.1.0. the leant%.la granted._ (f) The rote charged for 1 ndlvidual leases shall he adjusted annually brined upon the average increase In the Consumer Price 1nTex-Al 1 Items for the pre,/toes :five years with ia 10X cap._ (e,)'A rate o(_two times_the exist ing rate shall be JIB?'led to aniat ic pleserye leases where 7SZ or more of the subject lease shoreline and the adjacent 1,1/01) feet on loth aides of the lease area Is Ins natural unbulkheaded nonseaval led or nonriprapped condi t ion. A rate of up to Three times the hase rate may be used in areas of except tonal environmental waive as des Ignared in an aseaticpreserve .aanagement...platiedopted bthe • (II) ...Nommi er dependent uses shall he assessed a fee that is ten times aloe appropriatebaoc_rate .. a fee calculat tplyin.c..the _ aluare footage of the preem_pted area t Imes the appraised_per eluare foot value of . the ad[scent upland pruperty, whichever le Areater.. Erantleatiler;%1 nonvater Sepen;lent oses ;half be treated as water dependent _....... . uses when qraol father status Is lost for any reason. (I) There shah be a minimum annual fee of $225.0(1. • LI) Waivers, partial %/givers, or exclusions from paiment a._the., lease fees for goverooent or riaritalIle orsaniegtlons :say be granted hy. the Roar.1 In the event that the proposed uses are In the p.oblic interest (k) If afacility oceopi es sovereign sohee red hands port ions of whi Ich are exempted from _payment by virtue of_grandfathered (flatus and • portions.of wh lch are leased, and grandfathered stalus_Is lost, the leans fee arid rite .'d,le for the .oit ire property shall he the Jippropriate base . . rate at the t Ime the renegot fated lease Is execsit . (1)- There stint I he ;in ansessment for prior onauMior 12..41 me: of anverr I get y land I or af ter-the-use lease appl teat lona. The mi nimuu assessment ;or such appl leer ions shall Include; • Payment of retroactive lease fees; 2. Pmymeut of an ASS,SSMOIll computed on the number 4 squat*. fe.O 14 the !ease nron times i!se lenro.t fee per square 1.4141 at the time cnonir.ictIon wan eommenced times ton; and. 3 • • 247 • • Arrinw- ® O M 11111 111111 111111 MIIII N • 3. Payment of an additional annual percentage on retronrllve lease fees and on the assessment calculated under 2., rompnted at a rate of 12X. Such rale shall be adjusted_anima ly_to a rate equal to the two percent arta points above the Pederal Reserve Bank discount rate to member hanks. (m) Any grandfather structures which are nut registered according to this rule ehall lose any grandfathered rights. (n) Any grandfather structures which are not registered according to thin rule shall be constdeered a prior unauthorized use an of .lune 31), 1944, and may be treated according to the provisions of this section. (o) The board may, at Its disc ret Ion, consider .equltlen and par- ticular circumstances on a case by case basis to determine whether an adjustment of the ,assessment provisions net forth to (1) above would he warranted and may increase or lower the assessment aceordIngly. Specific Authority 253.03(7), P.S., Law Implemented 253.03, 253.71, F.S., History-New 3/27/82, Amended 5/18/82, - ALTERNATIVE I: 16Q-21.04(1)(h) - STRIKE ALL OF SAII) SECTION AND INSERT (la) REI.ON: h When one or more expansloata to exIRtinp, grandfathered Ir;uee. Cacl- titles eeua1 50xor more of the $randfattier•ed fuelLlty then the grand- fathered fsctl!y will be required to come underlease. ALTERNATIVE 2 16Q-21.11(1)(a) nod (b) - STRIKE A1.1. OF SAID SECTIONS AND INSERT (a) AND (b) IIELON: • (a) The annual base rate lease fee for leaaea that are open_to the • public on a first come flrat served baste shall be. 50.045 per se_uare foot. (b) The_annual base rate lease fee_ is-s for lujasea that are not open to the faub).Lc _on a first come first served bashall lu. $0.05 per sy_nare foot. - - - — -- -_ __. - - ALTERNATIVE 3: 16Q-21.11(l)(b) - STRIKE All. OF SAID SECTION AND INSERT (b) 11E1.014: (h) There slaall be a discount not to exceed $.02 per ~quare foot her year fur all leases that are open to the public on a flrot come, (trot served basis, however, such diRcnoot sltal I not. allow a fee of less than 5.045 per square foot per year to be assessed. ALTERNATIVE 4. 16(1-21.1(1)(j) - .STLIKE AI.1. OI' SAID SECTION AND LNSERf (J) 11);LON: ( 1) lin v.•rR, partial waivers, or exclusions Irum payment of the lenti.• teem for Eovernment, port authoritles, nr charitable organizations 'say be grant.•. by the .board In the event butt the p opened ntiaa are .In the publIr- inl.•rest. • 248 11111 1 111121 111111 N =II 1 111111 1 111111 11111 ALTERNATIVE 5: lhq-21.l1(1) - STKIKK SAID SECTION IN ITS ENTIRETY AND INSERT (1) BELOW: (1) STANDARD LEASES • (a) The annual lease fee Filial be cunputed on the broils of area leased or gross revenue for use of the area as ihuat dncka.ge, at the_opt inn of the hoard. • 1'. Ar:!a lensed a. The annual tense fee xhall he computed at a base rate of $0.05 per s.la ure_.tout. ._ b. There shall be a discount not to exceed $0.02 per square foot per z_ear fur AIL leases that ore open to the_public. una_El rat coroet.flrat served basis' howovort_such•.dtscnnnl shall not allnv a fee of lets than $0 Ii6S per square foot per year to be assessed. c. The par se(uare foot_base rate shall be_rev sed_Nardi t of each Lear _maul (Increased or 4.-reseed based on the Consuuer Price rode -AlI iteas Lhurxuant to_paraaraph (d) below. d. The rate charged .f or Individual leases shall be adlueted .annual ly based upon the overage IncreaseIn the Consumer Price lndnx-A1l_treats for the prevIons five years wit _h a IOi cap. — - 2. Cross ReVenne a. For a marina, the annual lease fee ehallbe two _percent of Bross reveunu (or rentals of boat slips.over sovereignty_land, provtdcd however. • anuli fuse shall never ba less thnn_ $0 035_ per a•inare foot per tear for the area preempted. stilt(plied by the chem a in the Cnnsahser Price Index since -luly 1, 1987_ b• For water dependent fact1Itles aAti.h Ire (lot marinas, the annual lease fee shall be the average of the lease fee of the two closest marinas an aAal.•h a lease fee _p _is paid mutt Ipl led by a fact ton_ '+hose uumnrator is the number of square feet: preempted_by_the proposed leasee and the demvalna- tor Is the average of the 114•111.!.f el(;square feet lhree.sltcd _hi-the two clo- setS marl tans_ provided however, ouch fee shad never be less than $O.435 Eer. v.jnar.r foot per,year for_the ,Irma preeopted _mnit.tpllr..l by the 0h.1113e in the Consumer Pric.. Indra since .1uhy 1, 1987. c. Nothing lucre In shall r.•strtet the outbortty of UIe Board to ll.nlr the size of • the area to tae IeaA•vl. d. The annual kava fc.. for facI I It les whirl arc nut upon in the• Qubilc rim a first cuts,', ft nit- served -bash olein he 411 percent. !veal •r than fur faa-i ill l••s .1;1;keitar o1hcaa In the pnh11.� nn :a..f 11'st cots.•, first nerved • haxlc. • 1 • • 249 11111 11111 111111 1111110 - 1 111111 Y • • e. The fee for the_ first two years will he i,seed on an est leaf made • ' A the n illcant and aroved _b the De. artment and will. IN• .adjusted at the end of the second year of the_ leans to Include rnmpensarinn for any dlf- [erenco between_the estimate and actual Armen revenue. • 1. Ifi[hiu 60 days after_ the third year of a 1.•nse ,uuJ each three ears thereafter, the lessor shall submit to the. Division of State bands .m flacal audit performed by a Certified Public A.:rouutant showlu, gross teve.- nuc from rentals of beat alIpa over sovereignty land fur the tlhlyd year ..,1 • • the lease. • (b) An addlttonal 20X of the lease fee s131I Ae charged for the first annual lee on all leases. • Sc) The rate for all new Leases shall he delerhol lied according to the: • npproprtate bane rate schedule for the..year In •dmicim the lease...ls grumted. (d) _ A rate of .two tImes. the_ex_lstlng. rata shall Ae appltud to s_qe.unt.I Lh .e resrve lessee %dhere 752or more of .the_subject lease shore)lar and the ad •scent I_000 feet .on both aides of the lease area Is In a natural unbulkbeaded, nonseawalLed or nunrlprapped. conditinn. A rim.• of up to three tImes the base rate may be used in..a rens of exceptlonnl environmental value AK doelgnnted in an a2uat_fc preserve .u:uhaf,:sent plan adopted by _time board. Le) Nonwatcr dependent uses_filial l he _assessed a fee that is ten tines the approprtate base tato or a fee calculated by moltlplytng the n.Lnare footapte of the preempted area times the nppralued per square font value of the adjacent property, whichever is greater. (f) There shalI be a minimum annual fee of $225.0'1. _Waivers or axclea tons from patoent of the lease fees for govern= meat_or charitable orgalnizattone may be &rante.I by the board En the event that the proposed uses are in th_e -pub11c Interd est, water ependcnt__tnd mat revenue-ysenerat ing/income-related. (h) if a fa•t11t nccuples sovereign suhmer,•;ad lands e.rtIons of which are exempted from payment y virtue of gr andiaflh•erod. status_ and jortlons of which_are leased, and grandfathered status la lost, the lease fee a_nd rate schedmmle for the entire property shall he the nppraprlate base rate at time time the renegotiated lease is .•see led. (I) There shalt he an aaa.essment for_ertor onanlhorIzed. use of sover Igoty land for after-the-face lease applicat.inns. The mlaimum assessment for WWI1_mpplfeatinns shalI Include: I. Payment of retrnaetive Icarus leen; 2. I'hyment of :In h::sosament rnmpnt ed as she cher of_ square feet In the icas., .hr-ea I Imes the lease f...: per square foot at the time .:nnytrucII.1u was rrnauh.•m rah t l 011.11ton; .hnJ . .. .. . . .1". . • • • • • • 250 • • 7 11111 ® 1 E 1 ® 11111 M 111111 0111 11111 MIN 111111 3. Payment of an__ addIttonal annual ercenta a on rCtroactlye lease fees Y �'- g- - and on the assessment calculated under 2., coatuted at a rate of 12x. Such rate shall he adjusted annually to a .rat r equal to the percentage-pointa above the Federal Reserve Rank dls'count rate to member A:ulks. (1) Any gralxlfather structures which are not registered according to this rule.shalt lows auy grandfathered .rights. - - (k) An) grandfather structures which are nut reglstened according to n: 4 title rule shall be considered a prior unauthorized use as of June 30, 1984 aril may be tr^ate•I according to the erovIstuns of thls auctlnn.- (1) The hoard may, at _Its .11scretion, consider eYulttea and _particular elrcumatanees on a case basis to determine whether_an adiustment of the assessment provisions set forCh In (1) above would be. warranted_and may Increase or lower tile assessment accordingly.._ Specific Authorltj 253.03(7), F.S.i Law Implemented 253.03, 253.71, F.S., History-flew 3/27/82, Amended 5/18/32, , • • • 251 1=1 Era m t,. rte ... KEUBIN O'D. ASKEW ,�. � Governor a ; - BRUCE A. SMATHERS State of Florida u > Secretary of State • ROBERT L. SHEVIN '4Q00 w��•° Attorney General GERALD A. LEWIS Comptroller DErARTP1ENT OF NATURAL RESOURCES BTcas rcUNTER DOYLE CONNER Commissioner of Agriculture HARMON W.SHIELDS CROWN BUILDING/202 BLOUNT STREET/TALLAHASSEE 32304 RALPH D.TURLINGTON Executive Director Commis lone of E.0 ion October 28 , 1977 ' Mr. Luis Ajamil, P.E. Project Manager Post, Buckley, Schuh & Jernigan, Inc. 7500 Northwest 52nd Street Miami, Florida 33166 Dear Mr. Ajamil : The following comments are given in the same order in which you posed your questions by letter dated October 4 , 1977. 1. The rules for the Biscayne Bay Aquatic Preserve have not been adopted. A time certain for adoption has not been set. 2 . Since exact locational data for the proposed marina was not provided, we can only say that if the marina falls within the boundaries as set forth in Section 258 . 165 (2) (a) , Florida Statutes, the project area is within the aquatic preserve and subject to Section 258. 165, Florida Statutes . 3. The sanitary sewer system must meet the standards as set forth by the Department of Environmental Regulation, and all other local, state and federal governmental bodies having jurisdiction over this matter. If title to the submerged land on which the facility is proposed to be built is vested in the Board of Trustees of the Internal Improvement Trust Fund, then a lease for the submerged land must be obtained prior to any construction. Such a lease may be obtained through this office. If we may be of further assistance, please advise us. c Sincerely, , .mes T. Williams, Chief Bureau of State Lands Division of Resource Management JTW/hhc DIVISIONS / ADMINISTRATIVE SERVICES • LAW ENFORCEMENT • MARINE RESOURCES RECREATION AND PARKS • RESOURCE MANAGEMENT I•#5Z � LAW OFFICES M ILL t14/1/1- vy� Li/4y DUBBIN, BERKMAN, DUBBIN 3 I I-D A PARTNERSHIP INCLUDING A PROFESSIONAL ASSOCIATION 444 E3RICKELL AVENUE Y NINAGErr'S Oflk l (.•` MIAMI, FLORIDA 33131 1000 RIVERGATC PLAZA TELEPHONE (305) 373-3606 I.:, 11 ;4, VY 1 March 25, 1983 M's. Lucia Dougherty City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL Re: South Shore Marina License Dear Lucia: I am enclosing a copy of the letter of March 23 , 1983 , from Terry Lewis, responding to my inquiry to him of March 15, 1983 , which I apparently did not send to you and therefore enclose now. According to Terry ' s letter, a license has never been actually issued by DNR due t. . -rtaint as to whether the City_or MBS IA/A§ to .ecome the licensee . I am satisfied that the DNR considers the City ' s occupancy of the land to be lawful and proper since the Governor and Cabinet very clearly directed them to issue the license, however, as per Terry ' s letter, he is requesting the issuance of the Lease and Easement be directed to the City of Miami Beach. Best wishes, /n / 1000 /(4/t&ii 1-0ut S A -, MURRAY H. DUBBIN J MHD:rc Enclosure SJ�T S4,0 cffr`e GN=U/ / � J C i si 25;. . : 11=11 = M M ® Cy'! MESSER, RHODES & VICKERS A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS SUITE 701, LEWIS STATE BANK BUILDING POST OFFICE BOX 1876 • TALLAHASSEE, FLORIDA 32302 - 1876 TELEPHONE (904) 222-0720 JAMES ELLIOTT MESSER JAMES C. HAUSER ROBERT M. RHODES, P. A. ROBERT SCOTT COX ANNE LONGMAN CABS D. VICKERS DOMINIC M. CAPARELLO, P. A. CHERYL L. GENTRY MITCHELL B. HAIGLE R, P. A. KENT R. PUTNAM JOHN N. TRENCH, JRDAVID H.BURN:. JOHN C. LOVETT H. MICHAEL MADSEN, P A. ROBERT S. GOLDMAN TERRY E. LEWIS March 23, 1983 Murray H. Dubbin, Esq . Dubbin, Berkman, Dubbin & Greenfield 444 Brickell Avenue 1000 Rivergate Plaza Miami, Florida 33131 Re: City of Miami Beach Marina License Dear Murray: You are correct in determining that an actual executed marina license and easement has never been provided to the City of Miami Beach. If you recall, we determined at one point to transfer the marina and the marina license and easement to MBRA as the operational entity. I made the request to the Department of Natural Resources for the transfer. (correspondence attached) As you know, it was incumbent upon the City to provide an assignment of the license and Miami Beach Redevelopment Authority was required to provide an assumption. These documents were never executed. Hence, inasmuch as the Department of Natural Resources did not know to whor'. to issue the license, a license has never been issued. At this point, the agency is substituting leases for licenses as they come due. I presume you simply desire the lease and any required easement authorization to be executed in the name of the City of Miami Beach. I am therefore requesting Ted Forsgren take action as soon as possible on this matter. • 254 "" M IIII all =111 NEI Murray H. Dubbin, Esq . March 23, 1983 Page Two If "ou have any questions concerning this letter, please let me know. Sincerely yours, Terry E . Lewis TEL/cat Enclosure • 255 111111 IIIIIII I Ell S M MI M =II MI I N MO NMI S 7 JUP -6 PH 3 5:+ \ 1ird4ItLa07 k\A . LE1V 1 3 197? TO: D. A. Southern JUN DATE: June 6, 1977 City Manager PUBLIC Hr l itucrhRTMENT rS.! F om: Robert . Davidii- _, ,� � Planning Director /fe-- R., ---4 Jrw SUBJECT: Marina Application for Dedication • . 74,/ As I have mentioned in our previous conversations, the State Division • of Resource Management has recommended that the City's application for dedication of sovereign lands be denied and have recommended that a . -long term lease be used instead. After discussing our denial and the entire matter with Harmon Shields, Directr)r of Natural Resources, and Jack Pierce, Attorney for the same . department, they have advised me that the State's current policy was to not convey sovereign lands by dedication. They further recommended that a lease agreement would be appropriate. Since the leasee in this instance would be a municipal body, the fee associated with such leases would be waived. . The lease procedure requires that the property lease be_ advertised locally and that property owners within 1000 feet of the area in question be noticed. If no objections are filed within 30 days , execution- of . the lease will proceed. If objections are recorded, a local public hearing will be required. Attached herewith is a letter from the Department of Natural Resources and a copy of the pertinent Florida Statute. With your approval , I will proceed to provide the State with the additional information they have requested and coordinate with the City's legal department towards the drafting of a lease agreement. . gr-,:-......-..................47) ...'‘..'.%•Na_.,........;.._S2..) RGD:cv - e4Via'ObLY Attachments Plea ,t. •�� ��76p//I " r'rni 117/V 7' - 1,1 evoiv PA fig alfiNi -ASA WAtlitjti (ffik."" ‘ (-71<iliiii&fr, . 1/t,_..,.,,____9;'_. 4 e�``"�r�`r �"fs-"",:�.:vc�"-',?IdY?4yS'"r;���:e:.,'...-..��...,..c: 256 Nit / .L'`--A= p - t:�rrt i•> Y lure - OM OM MI MI OM 1111111 If=londa -- .:--,.:-•itr KOI(F.ltI L.SIII-NI` -iii g• S At iut..:, ccr..:r3: _' ����_•' (.FK ALU A.I.LISIS C.nnptr,Mer �/1 1}�N :7"-- T OF NATURAL F�1_SOURC1S '�;',`:.uri;ASIILI.R • MYLI-.CONNER ('•,n n ssiin.er r.f Acri. ::1 CR01%\ I:11WiNG /203 I:LUl:N f SIR!":I:f / IA I LAIL\SSEE 32304 C\LFII 0.,�LRLr INGTI.. , ° „ June 2 , 1977 ,r. Robert G. David ' ;partment of Project Planning and Management • City of Miami Beach - 245 Michigan Avenue :lialni Beach, Florida 33139 - • - ar Mr. David: - Application for Dedication City of Miami Beach File No. 2644-13-253 . 03 As directed by Charles M. Sanders , Director of the Division Resource Management, and as discussed previously over the st three weeks, this is to officially inform you that the ; so e-referenced application for dedication of sovereign land:. being changed to an application for lease of sovereign - , ,r.Ms. Therefore, pursuant to the provisions of Section .=3.l15, Florida Statutes, a copy of which is attached, we � uzst that you forward to officethis 1000 feetn fethend parceleo== • all owners of land lying within • a_eignty land proposed to be leased. - - -,;- also request that the attorney for the City of Miami Beach_ �re=are a lease for review by the Department' s legal staff; :_cular attention should be given to the manner of :z_ation of the marina facility as regards the administratic-: . ▪ a=y contemplated commercial concessions and the monies • yz received from the same. _'_d you haNTe further questions concerning the amended :- _cation, 11ease advise us of such. . - Sincerely, 4:t.../ -• . ----jej.,,t,,- ,c, --.:42---;-,./ Da). iel S. I4eisen Bureau of State Lands -.1_,c.�=e // ;(xD WW-- _ 1.1):.!IN T•RATIVF:S:-RVICES • LAW F::tiFt)1ICEMENT • >L\itISF: 1/LSO: !-:CES - P.cCKF.ATW:: As!)YA1tKS • 1RESOLRC•F."•!ANAGF-=•!F:NT (T''' ti'y'7 .T•7 ':% 7 Zl• C _ -_I.-=-•7„'1',:..,:-, %:‘•1•:.,-5/ `;'':.:;,..:_ftea ,,. � -S 'S+-x.y.} w�-?.•�. � •t'+.�' •. „ R..t „cr. tom.•, .;..", :i: ;.:%'-.;7'.A.. rI�1ii.M1•�:. .1' ,�. :✓�51. .9::�i,:J.. 'Sr" fS:ar.�2r.y:d�•.�.`.� :)_ - tYY: j -','::`.'�,y'•> -:: '.fY"i ri.::,%':'::::.": +7 n. .. .tr �k.l�i;l.'Z!' `iT't t.l �:;�-�" [CCr ! .c-1. L� c .L.,ri � .� . ^� zt s s?t ' f `t+y1,�•l� ;-sn�; fat o :-i /�Z r-. _ 1. '� ; !� -. ..2. 4-S__-:—.^- !r • 4.`.� .C.-:x ' L'..._:-i.w� ...�e .::nom a..:...�2..•� ti.>�-�'r:1.::.�<�._.. t -s::_-... • 257 C.71 C:=11 111111 1111111 NM MIN En =t RESOLUTION NO. 78-1536 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING APPLICATION TO BE MADE TO STATE OF FLORIDA FOR LEASE OF BAY BOTTOM LAND IN MELOY CHANNEL. Wh-REAS, the City Commission of the City of Miami Beach approves a policy whereby the Miami Beach Redevelopment Authority would acquire certain properties , along with the concomitant assets and liabilities 'and rights and responsibilities therefor, `in .order, to proceed with the redevelopment of South Miami Beach; and WHEREAS, the actual transfer of said properties with the rights and liabilities therefor will be worked out by the City Manager, the City Attorney and the Redevelopment Agency; and WHEREAS, the Marina will be the base and the first step in the said redevelopment project; and WHEREAS, the City of Miami Beach and the City Commission are not in any way entering into a contract with the Miami Beach Redevelopment Authority in making this policy resolution; and WHEREAS, it is necessary to apply to the State of Florida to lease the bottm bay land in Meloy Channel in order to start construction of Che Marina; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Miami Beach Redevelopment Authority he and is hereby authorized to apply to the State of Florida for a lease of the bay bottom land in Meloy Channel. PASSED and ADOPTED this 1st day of February , 1978. /' Mayor Attest: • )27 City Clerk STATE OF FLORIDA COUNTY OF DADE: 1, ELAINE MATTHEWS, 7 City Clerk of the City of Int;ami Beach, Florida, do hereby certify that the above and fc+e ;cine is a true and cor rect copy of the original thereof on file in this office. WITNESS, my hand the seal of said City this I.5`1• day ofad ' A.D. 19�� ELAINE MATTHEWS 1' 1 City Clerk o he City of Miami Seach,Florida By: Deputy. r3ES/rcp 25 • OFFICE OF THE CITY ATTORNEY• 17Cn CONVENTION CEt:TER DRIVE •MIAMI BEACH, FLORIDA 33139 rs )� STATE OF FLORIDA • I,OAL11 OF Tkt1STEES OF THE INTERNAL Ill'ROVEHENT TRUST Fll;U' STATE ll;.i?INA AND C01 LC1AL DO,A, LACii i : . 1 (,LNSL No . ML-13-39-1462 Expiration Date June 18 , 1975 THIS LICENSE issued to CITY OF MIPMI BEACH pursuant to action on June 18 , 1974 , by the State of Florida Board of Trustees of the Internal Improvement Trust Fund , hereinafter referred to as the Board and CIT( OF MIAMI BEACH hereinafter referred to as Licensee . " . WITNESSETH : That for and in consideration of payment of the annual fee hereinafter provided for , and the otrher terms and conditions stated herein , the Board does hereby license and permit said Licensee to construct , install and operate exclusively a marina and commercial dock facility upon sovereignty lands more particularly described as follows : A portion of land lying West of and adjacent- to Block 111 of OCEAN BEACH , FLA. ADDITION NO. 3 accroding to the Plat thereof as recorded in Plat Book 2 , at Page 81 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 1350 . 00 feet, more or less , to a point on the East line of Block 90 of -aforementioned Plat ; thence run S 00° 30 ' 00" E along the East line of Blocks 90 , 89 , 88 , 87 ," 86 , 85 , 84 , 83 , 82 , 81 , S0, 79 and a portion of Block 111 , and along their extensions for 5207 feet to the Southeast corner of Lot 1 , Block 111 of said Subdivision ; thence run S 89 °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 Tract of land hereinafter described; thence run N 32°00 ' 00" W, 300 feet west of and parallel to the Westerly Right of Way line of Alton Rdad for_ 2160 . 00 feet to a point , thence run N 25° 37 ' 26" W for 335 . 62 to the Northwesterly corner of a Lot designated 50-C on Sheet 8 of City of Miami Beach drawing of aforementioned Plat; - thence run S 58'00 ' 00" W at right angles to said Alton Road for 600 . 35 feet to a point; thence run S 32 ° 00 ' 00" E for 1254 . 00 feet to a point ; thence run S 58°00 ' 00 " W for 150 . 00 feet to a point; thence run S 32°00 ' 00" E for 500 . 00 feet to a point ; thence run N 58°00 ' 00" E for 150 . 00 feet to a point ; thence run S 32°00 ' 00" E for 772 . 00 feet to a point ; thence run S 67° 36 ' 06 " E for 400 . 33 feet to a point; thence run N 58° 00 ' 00" E for 330 feet. , mole or e:; ; to okher 'dna of the City of ni ,emi nt,,t 'h ; thence rein N 320 00 ' 00" W for 358 feet, more! or J e s , by of heir land of t 'it. City of Miami Beach to the Point of Beginning; containing 1 , 642 , 970 sq. ft. (37 . 72 acres) , more or less . EE CONSTRUCTION PERMIT FOR STIPULATIONS AND SECTION ONE OF LICENSE. 1/21/74 • EXHIBIT 1 r :�:9 cr1t I i 0 MORTGAGE THIS MORTGAGE INDENTURE, executed this day of A.D., 19 , by (Name and address): of the County of , State of ,hereinafter called the Mortgagor,which term as used in every instance shall include the Mortgagor's heirs, executors, administrators, successors, legal representatives and assigns,either voluntary by act of the parties or in- voluntary by operation of law and shall denote the singular and/or plural, and the masculine and/or feminine and natural and/or artificial persons, whenever and wherever the context so requires or admits, parties of the first party, and (Name and address): hereinafter called the Mortgagee, which term as-used in every instance shall include the Mortgagee's successors, legal representatives, and assigns, including all subsequent assignees, either voluntary or by act of the parties or involuntary by operation of law. WITNESSETH : THAT for divers good and valuable considerations, and to secure the payment of the aggregate sum of money named in the promissory note of even date here- with, hereinafter mentioned, together with interest thereon or so much thereof as may be advanced, and all other sums of money secured hereby as hereinafter pro- vided, the Mortgagor does grant, bargain, sell, alien, remise, release, convey and confirm unto the Mortgagee, iw.Fesslaspke, the following described rermesisto.af which the Mortgagor is now seized and possessed, and in actual possession, situate in the County of State of legally described as follows: ,EASE/PC b sisaTe TOGETHER WITH the following property and rights (the Premises, together with such property and rights, being hereinafter collectively called "Mortgaged Property"or"Property"): (a) all right,title and interest of Mortgagor in and to the land tying in the bed of any street, road or avenue,opened or proposed, in front of or adjoining the Premises,and in and to the appurtenances thereto; and (b) all machinery, apparatus, equipment, fittings, fixtures and articles of personal property of every kind and nature whatsoever, now or hereafter located in said building or upon the Premises,or any part thereof, and used or usable in connection with any present or future occupancy of said building and now owned or hereafter acquired by Mortgagor (hereinafter called Building Equipment) including but without limiting the generalty of the foregoing, all heating, lighting, laundry, incinerating and power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, plumbing, lifting,cleaning,fire prevention,fire extinguishing, refrig- erating, ventilating, and communications apparatus, air cooling and air conditioning appartus, elevators, escalators, shades, awnings, screens, storm doors and win- dows,stoves, wall beds, refrigerators, attached cabinets, partitions, ducts and compressors; it being understood and agreed that all Building Equipment is part and parcel of the Premises and appropriated to the use thereof and, whether affixed or annexed to the Premises or not,shall for the purpose of this Mortgage be deemed conclusively to be real estate and mortgaged hereby; and Mortgagor agrees to execute and deliver,from time to time,such further instruments as may be requested by Mortgagee to confirm the paramount and superior first lien of this Mortgage on any Building Equipment; and (c) any and all awards or payments, including interest thereon, and the right to receive the same,which may be made with respect to the Premises as a re- sult of the exercise of the right of eminent domain,the alteration of the grade of any street,any other injury to or decrease in the value of the Premises,or proceeds of insurance awards,to the extent of all amounts which may be secured by this Mortgage at the date of receipt of any such award or payment by Mortgagee, and of the reasonable attorneys'fees, costs nd disbursements incurred by Mortgagee in connection with the collection of such award or payment, and Mortgagor agrees to execute and deliver,from time to time,such further instruments as may be requested by Mortgagee to confirm such assignment to Mortgagee of any such award or payment;and (d) all leases of the Premises now and hereafter entered into and all right title and interest of the Mortgagor thereunder, including, without limitation, cash or securities deposited thereunder to secure performance by the lessees of their obligations thereunder, whether such cash or securities are to be held until the expi- ration of the terms of such leases or applied to one or more of the installments of rent coming due immediately prior to the expiration of such terms, including,fur- ther,the right upon the happening of an Event of Default,to receive and collect the rents thereunder;and (e) all improvements now or hereafter situated on the mortgaged premises. TO HAVE AND TO HOLD the above described property unto the Mortgagee, its successors and assigns forever. The Mortgagor hereby covenants with the Mortgagee that the Mortgagor is indefeasibly seized with the absolute and fee simple title to said property,and has full power and lawful authority to sell, convey, transfer and mortgage the same, that it shall be lawful at any time hereafter for the Mortgagee to peaceably and quietly enter upon, have, hold, and enjoy said property, and every part thereof; that this mortgage is and will remain a valid and enforceable first lien on the mort- gaged property; that said property is free and discharged from all liens, encumbrances, and claims of any kind, including taxes and assessments, except for current ad valorem taxes not yet due and payable; and that the Mortgagor hereby fully warrants unto the Mortgagee the title to said property and will defend the same against the lawful claims and demands of all persons whomsoever. NOW,THEREFORE, the condition of this mortgage is such that if the Mortgagor shall well and truly pay unto the Mortgagee, the indebtedness evidenced by that certain promissory note (herein sometimes called "Note" or "Mortgagee Note"),of even date herewith, made by the Mortgagor and payable to the Mortgagee in the principal sum of $ together with interest as therein stated, and shall perform, comply with and abide by each and every of the stipulations, agreements, conditions and covenants contained and set forth in this mortgage and in the promissory note secured hereby then this mortgage and the estate hereby created shall cease and be null and void. AND the Mortgagor does hereby covenant and agree: 1. To perform, comply with and abide by each and every of the stipulations, agreements, conditions and covenants contained and set forth on said promis- sory note and this mortgage deed. 2. To permit, commit or suffer no waste and to maintain the improvements at all times in a state of good repair and condition; to comply with,or cause to be complied with, all statutes, ordinances and requirements of any governmental or other authority relating to the mortgaged property; and to do or permit to be done to said premises nothing that will alter or change the use and character of said property or in any way impair or weaken the security of this mortgage. And in case of the refusal, neglect or inability of the Mortgagor to repair and maintain said property,the Mortgagee may, at its option, make such repairs or cause the same to be made, and advance moneys in that behalf. 3. That no building or other property now or hereafter covered by the lien of this Mortgage shall be removed, demolished or materially altered, without the prior written consent of Mortgagee. 4. That Mortgagor will promptly pay and discharge any and all license fees or similar charges, together with any penalties and interest thereon, which may be imposed by the jurisdiction in which the Premises are situated for the use of vaults, chutes, areas and other space beyond the lot line and under or abutting the public sidewalks in front of or adjoining the Premises; that Mortgagor will promptly cure any violation of law and comply with any order of said jurisdiction in respect of the repair, replacement or condition of the sidewalks or curbs in front of or adjoining the Premises; that, if Mortgagor shall default in making such payment and obtaining such discharge or in curing any such violation, Mortgagee may make such payment,together with penalties and interest thereon,and obtain such discharge, and cure any such violation, and the amount of such payment and the expenses incurred by Mortgagee in obtaining such discharge and curing any such violation shall thereupon be secured by this Mortgage and become a lien on the Mortgaged Property;and that Mortgagor will repay the amount of such payment and such ex- penses to Mortgagee,together with interest thereon at the delinquent mortgage note rate,within fifteen (I5)days after demand for said payment is made by Mortga- gee to Mortgagor. aJfIE124✓rR /SBL' N¢KE/11, °FeeS1M? ' SHL. H&-RW " LEHSHctb Cfpy e' • — 1 — 5. The Mortgagor, immediately upon obtaining knowledge of the institution of any proceedings for the condemnation of the Premises or any portion thereof, witi notify the Mortgagee of the pendency of such proceedings. The Mortgagee may participate in any such proceedings, and the Mortgagor from time to time will deliver to the Mortgagee all instruments requested by it to permit such participation. 6. That, notwithstanding any taking by eminent domain, alteration of the grade of any street or other injury to or decrease in value of the Mortgaged Prop- erty by any public or quasi-public authority or corporation, Mortgagor shall continue to pay interest as provided in the mortgage note until any such award or payment shall have been actually received by Mortgagee and any reduction in the principal sum resulting from the application by Mortgagee of such award or payment as hereinafter set forth shall be deemed to take effect only on the date of such receipt; that said award or payment may be applied, in such proportions and priority as Mortgagee in Mortgagee's sole discretion may elect, to the payment of principal whether or not then due and payable,or any sums secured by this Mortgage and/or to payment to Mortgagor,on such terms as Mortgagee may specify, to be used for the sole purpose of altering, restoring or rebuilding any part of the Mortgaged Prop- erty which may have been altered, damaged or destroyed as a result of any such taking, alteration of grade, or other injury to the Mortgaged Property; and that, if prior to the receipt by Mortgagee of such award or payment, the Mortgaged Property shall have been sold on foreclosure of this Mortgage, Mortgagee shall have the right to receive said award or payment to the extent of the Mortgage debt remaining unsatisfied after such sale of the Mortgaged Property, with legal interest there- on, whether or not a deficiency judgment on this Mortgage shall have been sought or recovered or denied, and of the reasonable counsel ;ees, costs and disburse- ments incurred by Mortgagee in connection with the collection of such award or payment. 7. The Mortgagor shall furnish to the Mortgagee,within thirty (30) days after a request by the Mortgagee to do so, a written statement containing the names of all lessees of the Premises,the terms of their respective leases, the spaces occupied and the rentals paid. 8. That Mortgagor hereby assigns to Mortgagee the rents, issues and profits of the Mortgaged Property as further security for the payment of the indebted- ness secured hereby and Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property,or any part thereof, and to apply said rents, issues and profits, after payment of all necessary charges and expenses, on account of said indebtedness; that this assignment and grant shall continue in effect until the indebtedness secured by this Mortgage is paid, but Mortgagee hereby waives the right to enter the Mort- gaged Property for the purpose of collecting said rents, issues and profits, and Mortgagor shall be entitled to collect and receive said rents, issues and profits, until the occurrence of a default by Mortgagor under the terms and provisions hereof, that Mortgagor agrees to use said rents, issues and profits in payment of Principal and/or interest payable pursuant to the Note, and in payment of all taxes, assessments, water rates, sewer rents and other charges on or against the Mortgaged Property; that such right of Mortgagor to collect and receive said rents, issues and profits may be revoked by Mortgagee upon any default by Mortgagor under the terms and provisions of this Mortgage by giving not less than five (5) days written notice of such revocation to Mortgagor; that Mortgagor shall not have the right or power, as against the holder of this Mortgage without its consent, to cancel, abridge or otherwise modify tenancies or leases of the Mortgaged Property, or any part thereof, in existence on the date of this Mortgage, or to accept pre-payments of installments of rent to become due thereunder for a period of more than one month in advance;that, in respect of any such lease which now or at any time is covered by such restriction, Mortgagor will (a) fulfill or perform each and every term, cov- enant and provision of any such lease to be fulfilled or performed by the lessor thereunder; (b) give prompt notice to Mortgagee of any notice received by Mortgagor of default by the lessor thereunder,togther with a complete copy of any such notice, and (c) enforce, short of termination thereof, the performance or observance of each and every term,covenant and provision of any such lease by the lessee thereunder to be performed or observed; and that, in the event of any default under this Mortgage, Mortgagor will pay monthly in advance to Mortgagee, or to any receiver appointed to collect said rents, issues and profits, the fair and reasonable rental value for the use and occupation of such part of the Mortgaged Property as may be in possession of Mortgagor, and upon default in any such payment, will vacate and surrender possession of such part of the Mortgaged Property to Mortgagee or to such receiver and,in default thereof, Mortgagor may be evicted by summary pro ceedings or otherwise. 9. The Mortgagor will,at the cost of the Mortgagor, and without expense to the Mortgagee, do, execute, acknowledge and deliver all and every such further acts, deeds, conveyances, mortgages, assignments, notices of assignments, transfers and assurances as the Mortgagee shall from time to time require, for the better assuring,conveying, assigning,transferring and confirming unto the Mortgagee the property and rights hereby conveyed or assigned or intended now or hereafter so to be,or which the Mortgagor may be or may hereafter become bound to convey or assign to the Mortgagee, or for carrying out the intention or facilitating the per- formance of the terms of this Mortgage and/or the Loan Agreement,or for filing, registering or recording this Mortgage and/or the Loan Agreement and,on demand, will execute and deliver, and hereby authorizes the Mortgagee to execute in the name of the Mortgagor to the extent it may lawfully do so, one or more financial statements,chattel mortgages or comparable security instruments,to evidence more effectively the lien hereof upon the mixed or personal property. 10. (a) The Mortgagor forthwith upon the execution and delivery of this Mortgage and thereafter from time to time, will cause this Mortgage, the Loan Agreement and any security instrument creating a lien or evidencing the lien hereof upon the mixed or personal property and each instrument of further assurance to be filed, registered or recorded in such manner and in such places as may be required by any present or future law in order to publish notice of and fully to pro- tect the lien hereof upon,and the interest of the Mortgagee in,the Mortgaged Property. (b) The Mortgagor will pay all filing, registration or recording fees, and all expenses incident to the preparation,execution and acknowledgment of this Mortgage, any mortgage supplemental hereto, any security instrument with respect to the Chattels, and any instrument of further assurance, and all federal, state, county and municipal stamp taxes and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution and delivery of the Note, this Mortgage, any mortgage supplemental hereto, any security instrument with respect to the Chattels or any instrument of further assurance. 11. That if Mortgagor purports to be a corporation, (i) it is a corporation duly organized,existing and in good standing under the laws of the state in which it is incorporated, (ii) it is duly qualified, if a foreign corporation, and in good standing in the state in which the Premises are located, (iii) it has the corporate power,authority and legal right to carry on the business now being conducted by it and to engage in the transactions contemplated by this Mortgage, the Note and the Loan Agreement,and (iv)the execution and delivery of and the carrying out of the transaction contemplated by this Mortgage, the execution and delivery of the Note and the Mortgage, and the performance and observance of the provisions of all of the foregoing, have been duly authorized by all necessary corporate and stockholder actions of Mortgagor and will not conflict with or result in a breach of the terms or provisions of any existing law or any existing rule, regulation or order of any court or governmental body or of the Certificate of Incorporation or the By-laws of Mortgagor. 12. If the proceeds of the loan for which this Mortgage is given as security are to be utilized for construction and/or development,then: (a) The Mortgagor from time to time when the same shall become due, and, during the Construction or Development Period as soon as the same be- come liens whether or not then due and payable,will pay and discharge all taxes of every kind and nature (including real and personal property taxes and income, franchise, withholding, profits and gross receipts taxes), all general and special assessments, levies, permits, inspection and license fees, all water and sewer rents and charges, and all other public charges whether of a like or different nature, imposed upon or assessed against it or the Mortgaged Property or any part thereof or upon the revenues, rents,issues,income and profits of the Mortgaged Property or arising in respect of the occupancy, use or possession thereof.The Mortgagor will, upon the request of the Mortgagee, deliver to the Mortgagee receipts evidencing the payment of all such taxes, assessments, levies, fees, rents and other public charges imposed upon or assessed against it or the Mortgaged Property or the revenues, rents, issues, income or profits thereof. (b) The Mortgagor will pay, from time to time when the same shall become due, all claims and demands of mechanics, materialmen, laborers, and others which, if unpaid,might result in, or permit the creation of, a lien on the Mortgaged Property,whether paramount or subordinate to this Mortgage,or any part thereof,or on the revenues,rents, issues, income and profits arising therefrom and in general will do or cause to be done everything necessary so that the first lien of this Mortgage shall be fully preserved, at the cost of the Mortgagor,without expense to the Mortgagee. 13. The Mortgagor will keep adequate records and books of account in accordance with generally accepted accounting principles, will permit the Mortgagee, by its agents,accountants and attorneys,to visit and inspect the Premises and examine its records and books of account and to discuss its affairs, finances and ac- counts with the officers of the Mortgagor, at such reasonable times as may be requested by the Mortgagee and will furnish the Mortgagee, as often as requested, (i) current corporate and personal financial statements signed and verified by the parties in such form and manner as may be required by the Lender, (ii) details relating in any manner to the financial condition of the Mortgagor, and if Loan is for construction and/or development, (iii) budgets and revisions of budgets of Mortgagor showing the estimated cost of construction and/or development of the project and the amount of funds required at any given time to complete and pay for such con- struction and/or development. 14. That the Mortgagor will keep all real, mixed and personal property now or hereafter encumbered by the lien of this Mortgage fully insured as may be re- quired from time to time by the Mortgagee, against loss by fire, windstorm and other hazards, casualties and contingencies and war risks, if available, including, during the course of any construction and/or development work, builders' all-risk completed value, non-reporting form insurance, for such periods and for not less than their full insurable value or such amounts as may be required by the Mortgagee and to pay promptly when due all premiums for such insurance.The amounts of insurance required by the Mortgagee shall be the minimum amounts for which said insurance shall be written and it shall be incumbent upon the Mortgagor to main- tain such additional insurance as may be necessary to meet and comply fully with all co-insurance requirements contained in said policies to the end that said Mort- gagor is not a co-insuror thereunder. Insurance shall be written by a company or companies approved by the Mortgagee and all policies and renewals thereof shall be held by the Mortgagee.All detailed designations by the Mortgagor which are accepted by the Mortgagee and all agreements between Mortgagor and Mortgagee relat- ing to insurance,now existing or hereafter made,shall be in writing and shall be a part of this Mortgage Agreement as fully as though set forth verbatim herein and shall govern both parties hereto and their successors and assigns. No lien upon any of said policies of insurance or upon any refund or return premium which may be payable on the cancellation or termination thereof,shall be given to other than the Mortgagee, except by proper endorsement affixed to such policy and approved by Mortgagee. Each policy of insurance shall have affixed thereto a Standard New York Mortgage Clause without Contribution,making all loss or losses under such policy payable to the Mortgagee as its interest may appear. In the event any sum or sums of money become payable thereunder the Mortgagee shall have the option to re- ceive and apply the same on account of the indebtedness hereby secured, or to permit the Mortgagor to receive it and use it, or any part thereof, without thereby waiving or impairing any equity,lien or right under and by virtue of this Mortgage. In event of loss or physical damage to the Mortgaged Property the Mortgagor shall give immediate notice thereof by mail to the Mortgagee and the Mortgagee may make proof of loss if the same is not made promptly by the Mortgagor. In event of foreclosure of this Mortgage or other transfer of title to the Mortgaged Property in extinguishment of the indebtedness secured hereby, all right, title and interest of the Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. 15. No conveyance shall be made by the Mortgagor of the premises herein described,or any part thereof,without first obtaining the prior written consent of the Mortgagee,and any such conveyance shall constitute a.default of this Mortgage. The grantee named in such conveyance shall agree to assume the payment of the obligation evidenced by said promissory note and contained in this Mortgage and the Loan Agreement in accordance with their respective terms. If Mortgagee consents to a conveyance and Mortgagor conveys the Premises taking back a purchase money mortgage,then Mortgagor shall assign said purchase money mortgage and promissory note to Mortgagee as additional collateral security to insure repayment of the Loan. 16. The Mortgagee may,at its option, and without waiving its right to accelerate the indebtedness hereby secured and to foreclose the same, pay either be- fore or after delinquency any or all of those certain obligations required by the terms hereof to be paid by the Mortgagor for the protection of the mortgage security or for the collection of the indebtedness hereby secured.All sums so advanced or paid by the Mortgagee shall be charged into the mortgage account,and every pay- ment so made shall bear interest from the date thereof at the delinquent rate specified in said mortgage note, and become an integral part thereof, subject in all respcts to the terms,conditions,and covenants of the aforesaid promissory note, and this Mortgage, as fully and to the same extent as though a part of the original indebtedness evidenced by said note and secured by this Mortgage, excepting, however,that said sums shall be repaid to the Mortgagee within fifteen (15) days after demand by Mortgagee to Mortgagor for said payment. - 17. That the abstract or abstracts of title covering the Mortgaged Property shall at all times, during the life of this Mortgage, remain in the possession of the Mortgagee and in event of the foreclosure of this Mortgage or other transfer of title to the Mortgaged Property in exinguishment of the indebtedness secured hereby,all right,title and interest of the Mortgagor in and to any such abstracts of title shall pass to the purchaser or grantee. • 18. To pay all and singular the costs, charges and expenses, including attorney's fees and abstract costs, reasonably incurred or paid at any time by the Mortgagee because of the failure of the Mortgagor to perform, comply with, and abide by each and every the stipulations, agreements, conditions, and covenants of said promissory note and of this Mortgage, or either. 19. That in order to accelerate the maturity of the indebtedness hereby secured because of the failure of the Mortgagor to pay any tax assessment, liability, obligation or encumbrance upon said property as herein provided, it shall not be necessary nor requisite that the Mortgagee shall first pay the same. 20. That any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions hereof shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict perform- ance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor; that neither Mortgagor nor any other person now or hereafter obligated for the payment of the whole or any part of the sums now or hereafter secured by this Mortgage shall be relieved of such obligation by reason of the failure of Mortgagee to comply with any request of Mortgagor, or of any other person so obligated,to take action to foreclose this Mortgage or otherwise enforce any of the provisions of this Mortgage or of any obligations secured by this Mortgage, or by reason of the release, regardless of consideration, of the whole or any part of the security held for the indebtedness secured by this Mortgage, or by reason of any agreement or stipulation between any subsequent owner or owners of the Mortgaged Property and Mortgagee extending the time of payment or modifying the terms of the Note or this Mortgage, without first having obtained the written consent of Mortgagor or such other person and, in the last mentioned event, Mortgagor and all such other persons shall continue liable to make such payments ac- cording to the terms of any such agreement of extension or modification unless expressly released and discharged in writing by Mortgagee; that Mortgagee may re- lease, regardless of consideration, any party liable upon or in respect of the mortgage note, or any part of the security held for the indebtedness secured by this Mortgage without, as to any other party or as to the remainder of the security, in anywise, impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien; and that Mortgagee may resort for the payment of the indebtedness secured by this Mortgage to any other security therefor held by Mortgagee in such order and manner as Mortgagee may elect. 21. That if the Mortgagor shall fail, neglect or refuse for a period of fifteen (15) days fully and promptly to pay the amounts required to be paid by the note hereby secured or the interest therein specified or any of the sums of money herein referred to or hereby secured,or otherwise duly,fully and promptly to per- form,execute,comply with and abide by each,every or any of the covenants,conditions or stipulations of this Mortgage,the Promissory Note hereby secured and/or the Loan Agreement,then, and in either or in any of such events, without notice or demand,the said aggregate sum mentiond in said Promissory Note, less previous payments, if any, and any and all sums mentioned herein or secured hereby shall become due and payable forthwith or thereafter at the continuing option of the Mortgagee as fully and completely as if said aggregate sums were originally stipulated to be paid at such time, anything in said Promissory Note or herein to the contrary notwithstanding, and the Mortgagee shall be entitled thereupon or thereafter without notice or demand to institute suit at law or in equity to enforce the rights of the Mortgagee hereunder or under said Promissory Note. In the event of any default or breach on the part of the Mortgagor hereunder or under said Prom- issory Note,or the Loan Agreement, the Mortgagee shall have the continuing option to enforce payment of all sums secured hereby by action at law or by suit in equity to foreclose this Mortgage, either or both, concurrently or otherwise, and one action or suit shall not abate or be a bar to or waiver of the Mortgagee's right to institute or maintain the other, provided said Mortgagee shall have only one payment and satisfaction of said indebtedness. 22. That in the event that Mortgagor shall (1) consent to the appointment of a receiver, trustee or liquidator of all or a substantial part of Mortgagor's as- sets, or (2) be adjudicated a bankrupt or insolvent, or file a voluntary petition in bankruptcy, or admit in writing its inability to pay its debts as they become due, or(3) make a general assignment for the benefit of creditors,or (4) file a petition or answer seeking reorganization or arrangement with creditors, or to take advan- tage of any insolvency law, or (5) file an answer admitting the material allegations of a petition filed against the Mortgagor in any bankruptcy, reorganization or in- solvency proceeding, or(6) action shall be taken by the Mortgagor for the purpose of effecting any of the foregoing, or (7) any order, judgment or decree shall be entered upon an application of a creditor or Mortgagor by a court of competent jurisdiction approving a petition seeking appointment of a receiver or trustee of all or a substantial part of the Mortgagor's assets and such order, judgment or decree shall continue unstayed and in effect for any period of thirty (30) consecutive days, the Mortgagee may declare the note hereby secured forthwith due and payable, whereupon the principal of and the interest accrued on the note and all other sums hereby secured shall become forthwith due and payable as if all of the said sums of money were originally stipulated to be paid on such day; and thereupon the Mortgagee without notice or demand may prosecute a suit at law and/or in equity as if all monies secured hereby had matured prior to its institution. 23. If foreclosure proceedings should be instituted against the property covered by this Mortgage upon any other lien or claim whether alleged to be superior or junior to the lien of this Mortgage,the Mortgagee may at its option immediatey upon institution of such suit or during the pendency thereof declare this Mortgage and the indebtedness secured hereby due and payable forthwith and may at its option proceed to foreclose this Mortgage. 24. It is further covenanted and agreed by said parties that in the event of a suit being instituted to foreclose this Mortgage, the Mortgagee shall be en- titled to apply at any time pending such foreclosure suit to the court having jurisdiction thereof for the appointment of a receiver of all and singular the Mortgaged Property, and of all rents, incomes, profits, issues and revenues thereof, from whatsoever source derived; and thereupon it is hereby expressly covenanted and agreed that the court shall forthwith appoint such receiver with the usual powers and duties of receivers in like cases; and said appointment shall be made by the court as a matter of strict right to the Mortgagee, and without reference to the adequacy or inadequacy of the value of the property hereby mortgaged, or to the solvency or insolvency of the Mortgagors or any other party defendant to such suit. The Mortgagor hereby specifically waives the right to object to the appointment of a receiver as aforesaid and hereby expressly consents that such appointment shall be made as an admitted equity and as a matter of absolute right to the Mortgagee and that the same may be done without notice to the Mortgagor. 25. During the continuance of any such Event of Default,the Mortgagee personally,or by its agents or attorneys, may enter into and upon all or any part of the Premises, and each and every part thereof, and may exclude the Mortgagor, its agents and servants wholly therefrom; and having and holding the same, may use, operate, manage and control the Premises and conduct the business thereof, either personally or by its superintendents, managers, agents, servants, attorneys or receivers; and upon every such entry, the Mortgagee at the expense of the Mortgaged Property or the Mortgagor,from time to time, either by purchase, repairs or construction, may maintain and restore the Mortgaged Property, whereof it shall become possessed as aforesaid, may complete the construction or development of the improvements and in the course of such completion may make such changes in the contemplated improvements as it may deem desirable and may insure the same; and likewise, from time to time, at the expense of the Mortgaged Property or the Mortgagor, the Mortgagee may make all necessary or proper repairs, renewals and replacements and such useful alterations, additions, betterments and improvements thereto and thereon as to it may seem advisable; and in every such case the Mortgagee shall have the right to manage and operate the Mortgaged Property and to carry on the business thereof and exercise all rights and powers of the Mortgagor with respect thereto either in the name of the Mortgagor or otherwise as it shall deem best; and the Mortgagee shall be entitled to collect and receive all earnings, revenues, rents, issues, profits and income of the Mortgaged Property and every part thereof, all of which shall for all purposes constitute property of the Mortgagor; and after deducting the expenses of conducting the business thereof and of all maintenance, repairs, renewals, replacements, alterations, additions, betterments and improvements and amounts necessary to pay for taxes, assessments, insurance and prior or other proper charges upon the Mortgaged Property or any part thereof, as well as just and reasonable compensation for the services of the Mortgagee and for all Attorneys, counsel, agents, clerks, servants and other employees by it properly engaged and employed, the Mortgagee shall apply the monies arising as aforesaid, first, to the payment of the principal of the Note and the interest thereon,when and as the same shall become payable and second,to the payment of any other sums required to be paid by the Mortgagor un- der this Mortgage. 26. In case of proceedings by or against the Mortgagor in insolvency or bankruptcy or any proceedings for its reorganization or involving the liquidation of its assets, then,and in such case,the Mortgagee shall be entitled to prove the whole amount of principal and interest due upon the Note to the full amount thereof, and all other payments,charges and costs due under this Mortgage, without deducting therefrom any proceeds obtained from the sale of the whole or any part of the Mortgaged Property, providing, however, that in no case shall the Mortgagee receive a greater amount than such principal and interest and such other payments, charges and costs from the aggregate amount of the proceeds of the sale of the Mortgaged Property and the distribution from the estate of the Mortgagor. 27. That Mortgagee shall have the right from time to time to take action to recover any sums, whether interest, principal, or any installment of either, or any other sums required to be paid under the terms of this Mortgage, as the same become due, without regard to whether or not the principal sum secured, or any other sums secured, by the Note and Mortgage shall be due, and without prejudice to the right of Mortgagee thereafter to bring an action of foreclosure,or any other action,for a default or defaults by Mortgagor existing at the time such earlier action was commenced. No remedy conferred upon or reserved to the Mortgagee here- in,or in the Mortgage Note or the Loan Agreement is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumula- tive, and shall be in addition to every other remedy given to the Mortgagee now or hereafter existing at law or in equity or by statute. No delay or omission of the Mortgagee to exercise any right or power accruing upon any Event of Default herein, or in the Mortgage Note, or the Loan Agreement, shall impair any such right or power,or shall be construed to be a waiver of any such Event of Default or an acquiescence therein; and every power and remedy given by the mortgage herein, or in the Mortgage Note or the Loan Agreement, to the Mortgagee may be exercised from time to time as often as may be deemed expedient by the Mortgagee. Noth- ing in this Mortgage or in the Note or in the Loan Agreement shall affect the obligation of the Mortgagor to pay the principal of, and interest on, the Note in the manner and at the time and place therein respectively expressed. 28. The Mortgagor will not at any time insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of, any stay or extension or moratorium law, any exemption from execution or sale of the Mortgaged Property or any part therof,whenever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this Mortgage, nor claim, take or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisal of the Mortgaged Property, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provi- sion herein,or pursuant to the decree, judgment or order of any court of competent jurisdiction; nor, after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted, by any Governmental Authority or otherwise,to redeem the property so sold or any part thereof; and the Mortgagor here- by expressly waives all benefit or advantage of any such law or laws, and covenants not to hinder, delay or impede the execution of any power herein granted or delegated to the Mortgagee, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted. The Mortgagor, for it- self and all who claim under it,waives,to the extent that it lawfully may, all right to have the Mortgaged Property marshaled upon any foreclosure hereof. 29. To the extent of the indebtedness of the Mortgagor to the Mortgagee described herein or secured hereby, the Mortgagee is hereby subrogated to the lien or liens and to the rights of the owners and holders thereof of each and every mortgage, lien or other encumbrance on the land described herein which is paid and/or satisfied, in whole or in part, out of the proceeds of the loan described herein or secured hereby, and the respective liens of said mortgages, liens or other encumbrances, shall be and the same and each of them hereby is preserved and shall pass to and be held by the Mortgagee herein as security for the indebtedness to the Mortgagee herein described or hereby secured,to the same extent that it would have been preserved and would have been passed to and been held by the Mortgagee had it been duly and regularly assigned, transferred, set over, and delivered unto the Mortgagee by separate deed of assignment, notwithstanding the fact that the same may be satisfied and cancelled of record, it being the intention of the parties hereto that the same will be satisfied and cancelled of record by the holders thereof at or about the time of the recording of this Mortgage. 30. In the event any one or more of the provisions contained in this Mortgage or in the Mortgage Note or in the Loan Agreement shall for any reason be held to be inapplicable, invalid, illegal or unenforceable in any respect,such inapplicability, invalidity, illegality or unenforceability shall, at the option of the Mort- gagee, not affect any other provision of this Mortgage, but this Mortgage shall be construed as if such inapplicable, invalid, illegal or unenforceable provision had never been contained herein or therein. -3 -- 31. All notices hereunder shalt be In writing and shall be deemed to have been sufficiently given or served for all purposes when presented personally or sent by-telegraph or by registered or certified mail with return receipt requested to any party hereto at its address above stated or at such other address of which written notification has been given to the other party. 32. All of the grants, covenants, terms, provisions and conditions herein shall run with the land and shall apply to, bind and inure to the benefit of,the suc- cessors and assigns of the Mortgagor and the successors and assigns of the Mortgagee. 33. That, if required by Mortgagee, the said Mortgagor will pay unto the Mortgagee, on the first day of each and every consecutive month, a sum equal to one-twelfth of the annual amount necessary to pay all taxes and assessments against the said mortgaged premises,said monthly sum to be estimated solely by Mort- gagee and calculated to be an amount not less than the amount of taxes assessed against said mortgaged premises for the previous year, and if further required by Mortgagee to pay all insurance premiums in manner and form as provided herein for the payment of taxes and assessments. 34. That the Mortgagor will on the request of the Mortgagee furnish a written statement of the amount owing on the obligation which this Mortgage secures and therein state whether or not Mortgagor claims any defenses or offsets thereto. 35. The Mortgagor covenants,that in the event the ownership of said property or any part thereof becomes vested in a person other than the Mortgagor, the Mortgagee may, without notice to the Mortgagor, deal with such successor or successors in interest with refrence to this Mortgage and the debt hereby secured in the same manner as with the Mortgagor, and may forbear to sue or may extend time for payment of the debt, secured thereby, without discharging or in any way affecting the liability of the Mortgagor hereunder or upon the debt hereby secured. 36. That this Mortgage cannot be changed orally. 37. Mortgagor acknowledges that any payments made by it in partial or complete discharge of the loan to any Agent other than the owner and holder of the Mortgage and Note of record, as recorded among the Public Records of the jurisdiction in which the Mortgaged Property is situated, shall constitute a payment to the Mortgagor's Agent and not to the owner and holder of said Note or its agent. In this regard it is understood that until said payment is actually in the possession of the Mortgagee or its assigns, as the case may be,who at that time is the owner and holder of record of said Mortgage and Note, said payment shall be deemed not to have been properly made, and Mortgagee shall not be required to release or discharge the Mortgage in satisfaction of the obligation pursuant to the provi- sions of said Mortgage and Note. 38. It is further covenanted and agreed by the parties hereto that this Mortgage also secures the payment of and includes all future, or further advances as may be made by the Mortgagee herein or its successors or assigns,to and for the benefit of the Mortgagor, its heirs,personal representatives,or assigns,within twenty years from the date hereof or the maximum period of time permitted by the laws of the state in which the Mortgaged Property is located, whichever is the lesser, to the same extent as if such future advances were made on the date of the execution of this Mortgage. The total amount of indebtedness that may be secured by this Mortgage may decrease or increase from time to time, but the total unpaid balance so secured at any one time shall not exceed the maximum principal sum per- mitted by the laws of the state in which the Mortgaged Property is located or$__ _,(whichever is the lesser if a specified amount is spe- cified),together with interest thereon and any and all disbursements made by the Mortgagee for the payment of taxes, levies, or insurance on the property covered by the lien of this Mortgage with interest on such disbursements at the rate specified in the Note referred to in this Mortgage, and for reasonable attorney's fees and court costs incurred in the collection of any or all of such sums of money. Such further or future advances shall be wholly optional with the Mortgagee, and the same shall bear interest at the same rate as specified in the Note referred to herein, unless said interest rate shall be modified by subsequent agreement. 39. Loan Interest. Mortgagor agrees that Mortgagee may disburse automatically from the Loan proceeds the monthly interest payments on the first of each month or at such other time as Mortgagee may designate. Mortgagee will notify Borrower each time interest is disbursed from the proceeds of the Loan. 40. In addition to the obligation described above as evidenced by the promissory note this Mortgage is given to secure any and all obligations from Mort- gagor, any officer, stockholder or director of the Mortgagor, if Mortgagor is a corporation, and any guarantor to Mortgagee arising by virtue of any Security Agree- ment, Promissory Note, Guaranty or other Agreement between Mortgagor, any officer, stockholder or director of the Mortgagor, if Mortgagor is a corporation, any guarantor, and the Mortgagee and for all obligations of Mortgagor, any officer, stockholder or director of the Mortgagor, if Mortgagor is a corporation,and any guar- antor to the Mortgagee contingent or absolute,direct or indirect, regardless of however or whenever created. 41. Without the prior written consent of the Mortgagee, any of the following, among others,shall constitute a default under this Mortgage: (a) the further encumbrance by the Mortgagor of, or the imposition of any lien against,the property given as security for the Note; (b) the breach of any covenant contained in the Loan Commitment issued to Mortgagor on by Mortgagee, which commitment is incorporated herein by reference and in the event of a conflict between the terms and conditions of the commitment and this Mortgage, the terms and conditions of the commitment shall prevail; (c) the transfer of any outstanding shares of capital stock in the Mortgagor; (d) any amendment to the Certificate of Incorporation of the Mortgagor; (e) a sale out of the ordinary course of business of all, or substantially all, of the assets of the Mortgagor, or a statutory merger of the Mortgagor with any other corporation. 42. The Promissory Note given as security for this Mortgage and this Mortgage may not be prepaid unless prepayment is specifically provided for herein or in said promissory note. NOTE: THIS MORTGAGE CONTAINS A PROVISION PROHIBITING THE FURTHER ENCUMBRANCING BY MORTGAGOR OF, OR THE IMPOSITION OF ANY LIEN AGAINST, THE PROPERTY SET FORTH IN THIS MORTGAGE. IN WITNESS WF'EREOF,the Mortgagor has executed these presents under seal the day and year first above written. Signed,sealed and delivered in the presence of: Mortgagor. (if corporation) By (LS) Attest: (LS) Mortgagor: (if Individuals) (LS) (LS) STATE OF ss CORPORATE ACKNOWLEDGMENT COUNTY OF I HEREBY CERTIFY,that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, and respectively as President and Secretary of • a corporation,to me well known to be the persons described in and who executed the foregoing instrument and they duly acknowledged before me that acting under due corporate authority they executed the same and impressed the corporate seal for the purposes therein expressed as the act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at ,said County and State,this day of , 19 Notary Public STATE OF ss INDIVIDUAL ACKNOWLEDGMENT COUNTY OF I HEREBY CERTIFY,that on this day personally appeared before me,an officer duty authorized to administer oaths and take acknowledgments, and ,to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at ,said County and State,this day of , 19 Notary Public A.__._