2017-29999 ResolutionRESOLUTION NO. 2017 -29999
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE, IN THE FORM ATTACHED TO THIS RESOLUTION
AS EXHIBIT A, THE SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE
RENEWAL (BOT FILE NO. 130037916), FOR A FOUR (4) SLIP DOCKING
FACILITY AT THE NORTH SHORE POLICE SUBSTATION, LOCATED AT 6860
INDIAN CREEK DRIVE, BY AND BETWEEN THE CITY (LESSEE) AND THE
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF
THE STATE OF FLORIDA (LESSOR); SAID LEASE RENEWAL HAVING A TERM
OF FIVE (5) YEARS, COMMENCING RETROACTIVELY ON MAY 17, 2017 AND
ENDING ON MAY 17, 2022.
WHEREAS, on July 10, 2002, the City, as Lessee, executed a Sovereignty Submerged
Lands Lease (BOT No. 130037916) (the "Lease ") with the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, as Lessor, as recorded in Official Records Book
21098, at Pages 2876 through 2885, of the Public Records of Miami -Dade County, Florida, for a
parcel of submerged sovereignty land, located at 6860 Indian Creek Drive (the "Leased
Premises "), adjacent to an upland police station; and
WHEREAS, the Lease was for a term of five (5) years, which commenced retroactively on
May 17, 2002 and ended on May 16, 2007, with future renewal(s) of said Lease, if any, being at
the sole option of Lessor; and
WHREREAS, the Lease authorizes the City to operate an existing four (4) slip docking
facility to be used for mooring of municipal City -owned vessels by the Police Department, Fire
Department and Marine Patrol; and
WHEREAS, on April 22, 2008, the City and Lessor executed a renewal the Lease, as
modified, to reflect a reduction in the leased premises from 17,120 square feet to 10,515, for a
term of five (5) years, retroactively commencing on May 17, 2007 and ending on May 17, 2012,
with future renewal(s) of said Lease, if any, being at the sole option of Lessor; and
WHEREAS, on December 3, 2012, the City and Lessor executed a renewal of the Lease,
for a term of five (5) years, retroactively commencing on May 17, 2012 and ending on May 17,
2017, with future renewal(s) of said Lease, if any, being at the sole option of Lessor; and
WHEREAS, except for a $648.00 processing fee due at the time of the renewal, there is no
annual rent due for the use of the Leased Premises; and
WHEREAS, the Administration recommends the renewal of the Lease for a term of five (5)
years, commencing retroactively on May 17, 2017 and ending on May 17, 2022, with future
renewal(s) of said Lease, if any, being at the sole option of Lessor.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby approve and authorize the City Manager to execute, in the form attached to this Resolution
as Exhibit A, the Sovereignty Submerged Lands Fee Waived Lease Renewal (BOT File No.
130037916), for a four (4) slip docking facility at the North Shore Police Substation, located at
6860 Indian Creek Drive, by and between the City (Lessee) and the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida (Lessor); said Lease renewal having a
term of five (5) years, commencing retroactively on May 17, 2017 and ending on May 17, 2022.
PASSED and ADOPTED this a?S day of .Ceflemie✓ 2017.
ATTEST:
RAF EL E. GRANAD CITY LE it MAYOR
T:\AGENDA \2017 \9 - September \TCED \Sub riled °1141I e
ease Renewal RESO (08- 04- 17):docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EX °CUTION
City Attorney
Date
MIAM
BEAC I
Resolutions - C7 Y
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE, IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT A,
THE SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL
(BOT FILE NO. 130037916), FOR A FOUR (4) SLIP DOCKING FACILITY AT THE
NORTH SHORE POLICE SUBSTATION, LOCATED AT 6860 INDIAN CREEK
DRIVE, BY AND BETWEEN THE CITY (LESSEE) AND THE BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA (LESSOR); SAID LEASE RENEWAL HAVING A TERM OF FIVE (5)
YEARS, COMMENCING RETROACTIVELY ON MAY 17, 2017 AND ENDING ON
MAY 17, 2022.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On July 10, 2002, the City, as Lessee, executed a Sovereignty Submerged Lands Lease (BOT No.
130037916) ( "Lease ") with the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida, as Lessor, for a parcel of sovereignty submerged land located adjacent to the North
Shore Police Substation at 6860 Indian Creek Drive. The Lease was for a term of five (5) years
which retroactively commenced on May 17, 2002, and ended on May 16, 2007; with future
renewal(s) of said Lease, if any, being at the sole option of Lessor.
On April 22, 2008, the City and the Lessor agreed to renew the Lease, as modified to reflect a
reduction in the leased premises, for a term of five (5) years, retroactively commencing on May 17,
2007 and ending on May 17, 2012; with future renewal(s) of said Lease, if any, being at the sole
option of Lessor. The original area of 17,120 square feet was reduced to 10,515 square feet due to
a change in the number of docks verified by a current survey. The reduction in the number of docks
was an outcome of property destruction from past hurricanes and extreme weather conditions. It was
determined that the remaining docks were sufficient for the intended and exclusive use of the City.
On Septmber 12, 2012, the City and the Lessor agreed to renew the Lease, for a term of five (5)
years, retroactively commencing on May 17, 2012 and ending on May 17, 2017; with future
renewal(s) of said Lease, if any, being at the sole option of Lessor.
Page 624 of 2353
The City and Lessor have agreed to renew the Lease, attached hereto as Exhibit A (Lease), for a
term retroactively commencing on May 17, 2017 and ending on May 17, 2022; with future renewal(s)
of said Lease, if any, being at the sole option of Lessor.
The Lease authorizes the City to operate an existing four (4) -slip docking facility exclusively to be
used for mooring of police and municipal City -owned vessels in conjunction with the upland police
station. The Fire Department utilizes one of the docks for its new fire boat. Marine Patrol also
utilizes the remaining docks on an ongoing basis. The docking facility serves as a valuable asset to
the City in its efforts to serve the North Shore area.
There is no annual rent or lease fee payments required under the Lease. There is a $648.00
processing fee due at the time of renewal.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution
authorizing the City Manager to execute the Sovereignty Submerged Land Lease Renewal for a four
(4) -slip docking facility at the North Shore Police Substation retroactively commencing on May 17,
2017 and ending on May 17, 2022.
Legislative Tracking
Tourism, Culture, and Economic Development
ATTACHMENTS:
Description
o Resolution and Attachment
Page 625 of 2353
This Instrument Prepared By:
Karen Lee Reecv,
Action No, 34648
13ureau of Public Land Administration
3900 Commonwealth 'Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS F13E WAIVED LEASE RENEWAL
BOT FILE NO, 130037916
THIS LEASE is hereby issued by the i3oitrd of Trustees of the internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor,
WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with
all terms and 0011(1160118 Stated herein, the Lessor does hereby lease to City nfMianij BOOQh 1ok p, hereinafter
referred to as the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Sectionli,
Township 53 South, Range s , in Indian Creek,
Miami-Dade County, Florida, containing 1.0,515 square feet,
more or less, as is more particularly described and shown
on Attachment A, dated Jemmy 24, 2008„
TO IIAVE THE USE OF the hereinabove described premises from May ,17 2011, the effective date of this
lease renewal, through IV ay 17, 2022, the expiration date of this lease renewal, The terms and conditions on and for
which this teasels granted aro as follows.:
1, LISE Q1?1kOPERTY: The Lessee, is hereby authorized to operate an existing 4-sip sipeking facility to be
used exclusively Inc megrim ofjaoll e 00 tin i i 1 it owned vessels in conjunction with an upland ilolice_stltion,
Withal' Meting facilities, wilt a sewage pumpout facility if it meets the regulatory requirements of the State of Florida
DePariment of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction,
and withoul liveaboards BS defined in paragraph 25, as shown and conditioned in Attachment A, All of the foregoing
subject to the remaining conditions of this lease,
(021291
2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises
only for those activities specified herein. The Lessee shall not (i) change or add to the approved use of the leased premises
as defined herein (e.g., from commercial to multi - family residential, from temporary mooring to rental of wet slips, from
rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure
craft to rental or temporary mooring of charter /tour boats, from loading/offloading commercial to rental of wet slips, etc.);
(ii) change activities in any manner that may have an environmental impact that was not considered in the original
authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's
interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a
regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the
payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify
for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the
requirements of subparagraph 18- 21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be
required to pay an annual lease fee in accordance with Rule 18-21,011, Florida Administrative Code, and if applicable,
remove any structures which may no longer qualify for authorization under this lease.
3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of
the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the
State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration,
3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18- 21.003(31), Florida
Administrative Code. The submitted financial records shall be certified by a certified public accountant.
4. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered
to examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the
books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments
as specified in paragraph two (2) above.
5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for:
(i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the
use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland
property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3)
additional years. This period shall be extended for an additional two (2) years upon request for examination of all records
and accounts for lease verification purposes by the Lessor.
6. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described
by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the
Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or
the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of
condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any
advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold.
7, INTEREST 114 RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain
satisfactory evidence of sufficient upland interest as required by paragraph 18- 21.004(3)(b), Florida Administrative Code, in
the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof
together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest
did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor
terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to
sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or
transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and
conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if
consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the
terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments
incurred prior to such act.
Page 2 of 14 Pages
Sovereignty Submerged Lands Lease No. 130037916
Page 629 of 2353
8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,
conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any
assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
9. LIABILITY /INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature
at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity
or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as
amended from time to time, or any other law providing limitations on claims.
10. NOTICES /COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide
by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the
Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions
herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee
fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's
notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled,
all of the above- described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this
lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address:
City of Miami Beach, Florida
Attn: Mark Milisits, Asset Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change
is effective.
11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every
kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during
the effective period of this lease.
12. NUISANCES OR ILLEGAL OPERATIONS :_ The Lessee shall not permit the leased premises or any part
thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and
occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or
suffer any nuisances or illegal operations of any kind on the leased premises.
13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in
good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public
health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The
leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time.
14. NON - DISCRIMINATION: The Lessee shall not discriminate against any individual because of that
individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring
within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area.
15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce
any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof
or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the
event of subsequent breach or breaches.
16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder
shall cease and terminate.
Page 3 of 14 Pages
Sovereignty Submerged Lands Lease No. 130037916
Page 630 of 2353
17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall
be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in
effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the
renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term.
In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and
equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon
termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property
more particularly described in Attachment B, which shall run with the title to the Lessee's interest in said riparian upland
property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest.
18. REMOVAL OF STRUCTURES /ADMINISTRATIVE FINES: If the Lessee does not remove said structures
and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such
structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such
forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address
specified in Paragraph 10 or at such address on record as provided to the Lessor by the Lessee. However, such remedy
shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the
right to compel removal of all structures and the right to impose administrative fines.
19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or
maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the
Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the
Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law.
20. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized
hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere
with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected
riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure
to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate
termination of this lease agreement at the option of the Lessor.
21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted,
acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the
time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring
is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the
lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location
or size of the lift does not increase the mooring capacity of the facility.
22. ADVERTISEMENT /SIGNS NON -WATER DEPENDENT ACTIVITIES /ADDITIONAL ACTIVITIES/
MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale
of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to
occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences,
docks, pilings or any structures whose use is not water - dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures and /or activities including
dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted
on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in
writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida
Statutes, and shall subject the Lessee to administrative fines under Chapter 18 -14, Florida Administrative Code. This
condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair
in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities
authorized by this agreement.
Page 4 of 14 Pages
Sovereignty Submerged Lands Lease No, 130037916
Page 631 of 2353
23. USACE AUTHORIZATION: Prior to commencement of construction and /or activities authorized herein,
the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USAGE. Any
modifications to the construction and/or activities authorized herein that may be required by the USACE shall require
consideration by and the prior written approval of the Lessor prior to the commencement of construction and /or any
activities on sovereign, submerged lands.
24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the
Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any
unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be
grounds for the termination of this lease by the Lessor.
25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a
person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards
are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within
any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence.
26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere,"
where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country
or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and
from such gambling cruise ships.
Page 5 of 14 Pages
Sovereignty Submerged Lands Lease No. 130037916
Page 632 of 2353
IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written.
WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature (SEAL)
BY:
Print/Type Name of Witness
Original Signature
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
Cheryl C. McCall, Chief, Bureau of Public Land Administration,
Division of State Lands, State of Florida Department of
Environmental Protection, as agent for and on behalf of the
Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida
"LESSOR"
The foregoing instrument was acknowledged before me this day of , 20 , by
Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of
Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State
of Florida. She is personally known to me.
APPROVED SUBJECT TO PROPER EXECUTION:
...%
!�^" " c .w.. i ` 7/25/2017
DEP Attorney Date
Page 6 of 14 Pages
Sovereignty Submerged Lands Lease No. 130037916
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
Page 633 of 2353
WITNESSES:
Original Signalur
Typed/Printed Name of Witness
Original Signature
Typed/Printed NOM) of Witness
STATE OE
COUNTY OF
City of Miaintheach,, Florida
BY:
Original Signature of Executing Authority
i111 my,1„., -Morales
Typed/Printed Name of Executing Authority
city Manager
Title of Executing Authority
"LESSEE"
The Ibregoing instrument WaS acknowledged before me this day of , 20.
by Jimmy 1...1 1, as City,Menager, for and on behalf of City of Min ni Beach, Florida, Ho is personally known to me or who
has produced as identification,
My Commission Expire
Commission/Serial No,
Page 7 of 14 Pages
Sovereignty Submerged Lands Lease No, 130037916
Signature of Notary Public.
Notmy Public, State of
Pruned, Typed or Stamped Name
Page 634 of 2353
APPROVED AS TO
FORM eA LANGUAGE
FOR E ECUTION
Aft
City Attorn
Tar
Rte!) I Oa m Action yG8
s : y2:
tmAtfanttod £\
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6860 dhm reek Dr
t!c me A.
1:41?Ages
g
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Page 635 of 2353
� !
9
+4:
f�»
LOCATIO
OF SURVEY
LOCATION SKETCH
state ; 1" =100'
I t „.,:)t ;? h
LEGAL DESCRIPTION:
Portion of a submerged land located in Section 11, Township 53 South, Range 42
East, more particullarly described as follows:
Commence at the southeast comer of Lot 6, Block M, CORRECTED PLAT OF
ATLANTIC HEIGHTS, Plat Book 9, Page 14,Public Records of Miami -Dade
County, Florida; thence North 89 °12'34” West, along the south line of said Lot 6
and Its westerly extension for a distance of 269.13 feet to the POINT OF
BEGINNING of the submerged land herein described; thence continue North
89 °12'34" West along the westerly extension of said Lot 6 for a distance of 56.57
feet; thence North 6° 52' 36" West, for a distance 115.38 feet; thence North
57 °59'10" East for a distance of 45.73 feet; thence South 34° 41' 27" East for a
distance of 85.27 feet; thence South 37 °21'51" East for a distance of 24.36 feet;
thence South 39 °27'43" East for a distance of 37.62 feet; thence South 53 °12'39"
West for a distance 18.80 feet thence South 76 °27'54" West for a distance of
41.71 feet to the POINT OF BEGINNING. Said submerged lands located, Tying
and being in the CITY OF MIAMI BEACH, MIAMI -DADE COUNTY, FLORIDA
containing 10515 square feet or 0.2414 acres more or less.
Attachment A
Page 9 of 14 Pages
Sovereignty Submerged Lands Lease No. 130037916
Page 636 of 2353
LEGEND
C.B.
C.B.S.
C. &G.
CL.
C.L.F.
C.M.
CAL.
CONC.
O.H.
ENC.
F.F.
I.P.
M.H.
P.O.B.
P.O.C.
P.P.
R/W
SWK.
W.V.
SUL
CATCH BASIN
CONCRETE BLOCK STRUCTURE
CURB AND GUTTER
CENTER LINE
CLEAR
CHAIN LINK FENCE
CONCRETE MONUMENT
CALCULATED
CONCRETE
DRILL HOLE
ENCROACHMENT
FINISH FLOOR ELEVATION
IRON PIPE
MANHOLE
PROPERTY LINE
POINT OF BEGINNING
POINT OF COMMENCE
POWER POLE
RIGHT -OF -WAY
SIDEWALK
WATER Mr I ER
WATER VALVE
CENTRAL ANGLE
SAFE UPLAND LINE
SURVEYOR NOTES:
CAL.
F.F.
M.D.C.R.
REC.
MEAS.
0
STORM MANHOLE
ARC LENGTH
ELECTRIC BOX
MONITORING WELL
STREET LIGHT
TRAFFIC LT. POLE
WOOD FENCE
CALCULATED
FINISH FLOOR ELEVATION
MIAMI -DADE COUNTY RECORDS
GRASS AREA
DENOTES EXISTING ELEVATION
RECORD DISTANCE OR ANGLE
MEASURED DISTANCE OR ANGLE
TRAFFIC LIGTH PULL BOX
TELEPHONE PULL BOX
ELECTRIC MANHOLE
CATCH BASIN TYPE F
THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE BOUNDARIES OF THE
SUBMERGED LAND LEASE DESCRIPTION FOR THE MIAMI BEACH POLICE STATION
DOCK..
THIS IS A FIELD SURVEY.
COORDINATES SHOWN REFER TO NAD 1983 FROM MIAMI BEACH GIS MAP
BEARINGS REFER TO THE ORIGINAL WEST RIGHT -OF -WAY OF
INDIAN CREEK DRIVE (829 °06'00 "E) AS SHOWN IN P.B, 28, P, 28, M.D.C.R.
ELEVATIONS SHOWN REFER TO N.G.V.D., 1929.
BENCH MARK 0 -313
ELEVATION 824
LOCATION: U.S. COAST GUARD AND GEODETIC BRASS DISC, SET IN N.E. CORNER OF
SEWER PUMP STATION, CENTER OF PARKING LOT AT 72 ST & HA �I . `'
t . r 5 i
SHORELINE CONDITION ALONG LEASE SHORELINE PLUS 1,000 FE ON'ACH SIDE 1S
100% SEAWALL.
JAN 3 !I no,r
DEPT of em wiDTECTIu: .
I HEREBY CERTIFY: That this "SPECIFIC PURPOSE SURVEY" is correnicf'mae {he Minimum
Techinlcal Standards for Land Surveying in the State Florida as set forth in Chapter 472.027 (F.S.)
and Chapter 61017 -6 of the Florida Administrative Code. Not valid without the signature and raised
seal of a Florida Licensed Surveyor and Mapper.
CERTIFIED TO THE BOARD OF TRUSTEES OF THE IN.TE VAt MP1'i;, V MENT TRUST FUND
OF THE STATE OF FLORIDA ,�` •'�`✓
:L
2 C, •
-� „l.✓
1/24/08
DATE
• -s..
ed .•Ty'UR , gbt' •
I. 16, STATli Z F FLORIDA
114'41
nib
1
Attachment A
Page 10 of 14 Pages
Sovereignty Submerged Lands Lease No. 130037916
Page 637 of 2353
PLAN VIEW
1
1
Attachment A
Page 11 of 14 Pages
Sovereignty Submerged Lands Lease No. 130037916
Page 638 of 2353
'
C)
z
J
0
RIPARIAN LINE
Attachment A
Page 12 of 14 Pages
Sovereignty Submerged Lands Lease No. 130037916
Page 639 of 2353
`sue •• &mug DA cr 41R
:
Of
irl
WA"RANTY OLEO
trAow CO POUTIO$ TO OOM'OAATIONI
PAPCO U l.I 011 /LOni /NATION DA
alto Itlilrridttr,, Made tIA, 3rct. play of iT%Y13* , n D. 19#
BETWEEN BLUE CC1AN VILLAS INC.. a Florida corporation
a corporation
existing under the laws of the State of Florida having its principal place of
business in the County of Dado cad States of Florida
and Lawfully authorized to transact buslncss In the State of Florida, party of this first part, and
CITY[ 0P MIAMI BEACH
a corporation esdsiting under the laws of the State of Florida , having its
principal piace.of business in the County of Dade and State of Ploride
and lawfully authorized to tt nsact business to the State of Florida, party of the second part
WIrNESSEru: That this Said party of tho first part, for and in consideration of this sum of
Ten Dollars and other good and 'valuable conaidoration _Alma
to it in hand paid by this raid party of tho second part, this receipt whereof is hereby acknowledged,
has grouted, bargained and sold to tho said party of the second part its memos and eulgns forayer,
the fo1owing deeribed land situate, lying and being to the County of pade
\. and Stato of Slorlda, to•wlts
That portion of Lot One (1) through Lot Si,,* :(6) in Block "N" of
ATLANTIC HEIGHTS as shown on the oorreotod Plat thereof, recorded 1n
Plat Book 9, Page 14, of the public records of Dado County, Florida,
said portion'boing more fully described as followos
aagin at the northeasterly corner of Lot Ono.(1) in Block 'TN" of
ATLANTIC HEIGHTS; thence run southeasterly along the northeasterly
line of said Blook "N" it d%atance of Three Hundred Eleven and Fifty -
nine ono = hundredths (311.59) teot•to the point of curvature of a
curve having a radius of Twenty (20) feet, said curve being at the
southeasterly corner of Lot Six (6) in said Blook "N "; thenoe run
along said curve deflecting to the right to n point, oaid point being
Nino (9) feet southeasterly of the northeastorly line of said Block,
"N" produced southeasterly, said Nine (9) feet being'meaaurod 'at righ
angles to the northeasterly line of said Blook "N", produced aquth-
eastorly; thence run northwesterly along a straight line parallel to
and Nine (9) feet southwesterly of..the.northeaaterly.lino of aaid
Block "N" to a point on the northwesterly line of said Lot six (6),
said Nine (9) foot being measured at right angles to the northeaster-
1y lino of said Block "N "; thence run northwesterly along a straight
lino to a point an the southeasterly line,of Lot Two (2) or paid
Block "N ", said point being Ten (10) feet ,southwesterly of the north-
easterly line of said Block "N" and measured at right angles to the
northeasterly line Of eaid Blook "N"; thence run northwesterly along
a line parallel to and ten (10) feet southwesterly of the northoaster
ly line of said Block "N" to a point on the northerly lino of Lot One
(1) of said Block "N "; thence run easterly along the northerly lino o
aaid.Lot One (1) to the northeasterly lino of said Block "N ".
And the said party of tho first part does hereby fully warrant the title to said land, and will defen4
the saran against the lawful cloFn v of all persona whomsoever.
Attachment B
Page 13 of 14 Pages
Sovereignty Submerged Lands Lease No. 130037916
Page 640 of 2353
'N rS>
+�'!aj'a fSr,
OW
4164011 N
&al: 3481 PAR 419'
IN WITNESS WITEREOF, the mild party of the rust pat has caused these presents .to bo.signeci.in
Its name by Ibt proper officers, and Its corporate seal to be affixed, attested by its Secretary, the day and
year above written.
Attest:
e(I,,tiealed 04. delivered i thq
of tist
uutcgo vrA:T.OS
CITY ANP PROVIUOB OV 11./OktA
CgrAKMAY4O434 4 "
Sf1:
,
e
"
et: 7 Cif'r
14V,BEBY CERTIFY, tlit dn this' day et “ Zavtilr A,
berme me personally appeared.
Pratildent Aliar,SIESUW$IX100.0HY of,
Ltra`, ORBARX41,,Ac4_,D,Jp,,,,„
the State of --E1
oing Instrument ati snob •
nd deed as tineh ef,11,10.41 .1z-S
Mob.] seal or ardcl
WITNESS ay t ii r_ z ni. i
,
'CA f5X-14tt.....114114.13.44)t-PA.,-.0.1driir,,0084
t•'>r .44 t r
"4Y flL Ye'r a°1t4fda./1,,,' ,,,t7yea.nc;;Ly..d4 otel a. eAt
t,e Nvotiolkfro'
cox'
rclio:n4
%hi
etooratien under the laws of
to roe known to be the persons Who taped the fore-
aulsoowletlited tba execution thereof to be their fm of
ttrposes therein mentioned and that 117 affixed thereto the
stild instnon is the et and deed said corporation,
'Wan" 'Aka
4?,,,p495,1
Attachment 13
Page 14 of 14 Pages
Sovereignty Submerged Lands Lease No. 130037916
r
P
r4c5
Page 641 of 2353