RESOLUTION 90-20080 RESOLUTION NO. 90-20080
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE AN AMENDMENT TO
SOVEREIGNTY SUBMERGED LAND LEASE NO. 130765469
BETWEEN THE CITY OF MIAMI BEACH AND THE
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA FOR THE MIAMI BEACH
MARINA; DECLARING THE SUBMERGED LAND COMMONLY
REFERRED TO AS PELICAN ISLAND TO BE SURPLUS TO
THE NEEDS OF THE CITY OF MIAMI BEACH; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A SPECIAL WARRANTY DEED IN FAVOR OF THE BOARD
OF THE TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA FOR THE
SUBMERGED LAND COMMONLY REFERRED TO AS PELICAN
ISLAND.
WHEREAS, on January 21, 1986, the City of Miami Beach (the
"City") and the Trustees of the Internal Improvement Trust Fund of
the State of Florida (the "Trustees") entered into Sovereignty
Submerged Land Lease No. 130765469 as recorded in Official Record
Book 13020, Pages 2520 through 2526, of the Public Records of Dade
County, Florida, for the Miami Beach Marina (the "Submerged Land
Lease") ; and
WHEREAS, the City and the Department of Natural Resources of
the State of Florida have negotiated an Amendment to the Submerged
Land Lease whereby:
1) The City would convey to the Trustees by
Special Warranty Deed the submerged land
commonly referred to as Pelican Island.
2) The Trustees would waive percentage of wet slip
rentals for the remainder of the term of the
Submerged Land Lease and the City would pay
only the base rate; and
3) The Trustees would waive all Submerged Land
Lease fees in arrears through October 16, 1989 ;
and
WHEREAS, the Governor and Cabinet, sitting as the Board of
Trustees of the Internal Improvement Trust Fund of the State of
Florida, met on June 26, 1990 and approved the above described
amendment to the Submerged Land Lease; and
WHEREAS, the City of Miami Beach City Commission finds that
the submerged land commonly referred to as Pelican Island is no
longer necessary for public purposes and wishes to declare the
property surplus to the needs of the City of Miami Beach, Florida.
1
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH as follows:
1) The Mayor and City Clerk are hereby authorized
to execute the amendment to Sovereignty
Submerged Land Lease No. 130765469 between the
City of Miami Beach and the Trustees of the
Internal Improvement Trust Fund of the State
of Florida for the Miami Beach Marina, a copy
of which amendment is attached hereto.
2) The submerged land commonly referred to as
Pelican Island is hereby declared to be surplus
to the needs of the City of Miami Beach.
3) The Mayor and City Clerk are hereby authorized
to execute a Special Warranty Deed in favor of
the Board of the Trustees of the Internal
Improvement Trust Fund of the State of Florida
for the submerged land commonly referred to as
Pelican Island, a copy of which Special
Warranty Deed is attached hereto.
ADOPTED this 5th day of September 1990.
//////lriee:L- 7
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ATTEST:
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FORM APPROVED
CITY CLERK
LEGAL DEPT.
PNB: lm :-
By
Date
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 6737010
14 �
COMMISSION MEMORANDUM NO. OCI-90
0
July 25, 1990
DATE:
TO: Mayor Alex D.. •d and
City of e Commis '•n
low-
v'
PIP'
P OM: Rob W. Park gs - /.
R City Manager I' f14
SUBJECT:
AMENDMENT TO SOVEREIGNTY SUBMERGED LAND LEASE FOR MIAMI
SUBS BEACH MARINA AND AUTHORIZATION TO EXECUTE A SPECIAL
WARRANTY DEED FOR PELICAN ISLAND TO THE TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
Background (Pelican Island/102 . 2 acres) :
On June 20, 1944, the City of Miami Beach entered into an agreement
with Placer Development Corporation of Florida to purchase, for
the sum of $35, 000, approximately 102 .2 acres of submerged land
lying north of DiLido Island, known as "Pelican Island. " At that
time it was the intention of the City of Miami Beach to construct
a bulkhead around the perimeter of the submerged land and fill the
interior of the parcel by the use of dredging the adjacent bay
bottom. Additionally, the City of Miami Beach was to construct a
bridge connecting the parcel with an existing right-of-way easement
located on the north end of DiLido Island. Permits were granted
from the United States War Department to accomplish the proposed
construction. However, with the effects of the post-war economy
still present in South Florida, the project was never completed.
All that was accomplished was the placement of th'e wood pilings
around the perimeter of the parcel that were to be used to secure
the proposed bulkhead.
Background (Miami Beach Marina - 37 . 85 acres) :
The Miami Beach Marina occupies an area of approximately 37 . 85
acres of submerged land that lies to the west of City-owned land
bordered on the north by MacArthur Causeway (5th Street) , on the
east by Alton Road, and on the south by Biscayne Street. On
December 18, 1984, the State of Florida' s Board of Trustees of the
Internal Improvement Trust Fund, converted to a five-year lease,
aP reviously issued license for operation of a municipal public
marina on submerged lands.
On January 21, 1986, the State' s Internal Improvement Trust Fund
Board of Trustees extended the term of the lease to 25-years.
Current Status:
On June 26, 1990, the Governor and Cabinet, sitting as the Board
of Trustees of the Internal Improvement Trust Fund, met and
approved the following modifications to the Submerged Land Lease,
No. 130765469, for 25-years at the Miami Beach Marina whereby:
continued. .0,-,
Kir As
- a
AGENDA .
ITEM - ‘3 4' IS
DATE 91 - 5.-- 90
Submerged Land Lease/Miami Beach Marina July 25, 1990
and Pelican Island
1) The City would convey to the Board of Trustees, by
•
Special Warranty Deed, a 102 . 2 acre parcel of
municipally-owned submerged land commonly referred to as
Pelican Island.
•
2) The Trustees would waive percentage of wet slip rentals
for the remainder of the term of the Submerged Land Lease
and the City would pay only the base rate for the
remaining years of the lease set at $94 , 647 . 49 and shall
•
be adjusted, pursuant to provisions of Section 18-21. 011,
Florida Administrative Code.
•
3) The Trustees would waive all submerged land lease fees
in arrears, in the amount of $355,914 . 50, through October
{ 16, 1989 .
4) The City will pay $118, 673 .70 as the lease fees from
October 17 , 1989 through January 21, 1991.
Administration Recommendation:
The City Administration recommends that the modified Sovereignty
Submerged Land Lease No. 130765469, with the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida, be
approved as amended. Additionally, that the Mayor and City Clerk
be authorized to execute a Special Warranty Deed to the Board of
• Trustees of the Internal Improvement Trust Fund of the State of
Florida for Pelican Island.
WHH:DC:blb
Attachment
•
•
•
23
•
• . • •
• „
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made this day of
1990 , by the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal
corporation, hereinafter called "Grantor" and the BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,
whose post office address is c/o Florida Department of Natural
Resources, Division of State Lands, 3900 Commonwealth Boulevard,
Room 412 , Tallahassee, Florida 32399, hereinafter called "Grantee" :
WITNESSETH: That the Grantor, for and in consideration of
the sum of Ten and 00/100 ($10. 00) Dollars and other valuable
consideration, receipt whereof is hereby acknowledged, has granted,
bargained, and sold to the Grantee, its successors and assigns, all
of the following described property located in Miami Beach, Dade
County, Florida:
From the Northeast corner of Section 29,
Township 53 South, Range 42 East, run South 1
degree 37 minutes 08 seconds East, 778. 29 feet
along the Section line between Sections 28 and
29 to point of beginning; thence run South, 88
degrees 39 minutes 28 seconds West, 1000 feet;
thence run South, 1 degree 37 minutes 08
seconds East, 4200 feet; thence run North, 88
degrees 39 minutes 28 seconds East, 1060 feet;
thence run North, 1 degree 37 minutes 08
seconds West, 4200 feet; thence run South, 88
degrees 39 minutes 28 seconds West, 60 feet to
point of beginning; containing 102.2 acres,
more or less, lying and being in Sections 28
and 29, Township 53 South, Range 42 East.
SUBJECT TO:
1) Any right, title or interest in the above described
premises that Grantee has at the present or may have had
prior to the date of this conveyance.
2) Any and all navigational and other rights or interests
of the United States Government.
3) Restrictions, reservations and easements of record, if
any.
TO HAVE AND TO HOLD, the same in fee simple.
AND the Grantor hereby covenants with the Grantee except as
noted above that at the time of delivery of this deed the premises
were free from all encumbrances made by i t, and hereby warrants the
title to said land and will defend the same against the lawful
claims of all persons claiming by, through or under the Grantor,
but against none other.
1
IN WITNESS HEREOF, the Grantor has caused these presents to
be executed in its name and on its behalf this 14th day of
September , 1990.
CITY OF MIAMI BEACH, a Florida
WIATN SSES: municipal corpo ation
el/ o
gerh
1 E /64
• OR
FORM APPROVED ATTEST:
LEGAL DEPT. )?-1
CITY CLERK
Date l .PQ
STATE OF FLORIDA)
) ss
COUNTY OF DADE )
On this 4$( day of �� �� , 19_2(2) before me,
personally appeared Alex Daoud, / ayor of the City of Miami Beach,
a Florida municipal corporation, and Elaine Matthews Baker, City
Clerk of the City of Miami Beach, a Florida municipal corporation
and known to me to be the same persons described in and who
executed the foregoing instrument aforesaid, as the act and the
deed of the City of Miami Beach, duly designated, empowered and
authorized to do so and they acknowledged that they executed the
foregoing instrument for and on behalf of the City of Miami Beach,
for the purpose and uses herein described.
My Commission Expires:
1!�T^C1�/ ^+R t?�7 + SME
-T r•-- r; - , � \.J ��.��'G/L'2�
tt., �, s-{�.._�� a;r., t :�\i s A! NOTARY PUBLIC STATE OF FLORIDA
1'�1 4.r t:`:.i�fi.`n�3�se� f• �i�19 5 •9,,3
BONED i HRU GEURAL INS. J.:+.
Prepared by: Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7470
REF: 5\NORTHSH5.SWD
2
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
AMENDMENT TO SOVEREIGNTY SUBMERGED LAND LEASE NO. 130765469
THIS LEASE AMENDMENT, effective June 26, 1990, is entered into by and
between the BOARD OF TRESTLES OF THL INFERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA, hereinafter referred to as "LESSOR" , AND THE CITY OF MIAMI
BEACH, hereinafter referred to as "LESSEE" ;
WITNESSETH
WHEREAS. on January 21, 1986, LESSOR and LESSEE entered into Sovereignty
Submerged Land Lease No. 130765469 as recorded in Official Record Book 13020,
Pages 2520 through 2526. of the Public Records of Dade County, Florida;
WHEREAS, on June 26, 1990, LESSEE requested and LESSOR authorized an
amendment to subject lease;
NOW, THEREFORE, the parties hereto agree as follows:
1. Paragraph 2 of Lease No. 130765469 is amended to read in its
entirety as follows:
"The Lessor hereby agrees to waive all lease fees in arrears
through October 16, 1989, in exchange for the Lessee providing to
the Lessor a special warranty deed to a 102 .2 acre parcel of
submerged land owned by the Lessee, referred to as Pelican Island.
The Lessor hereby agrees, throughout the term of this lease, to
waive the percentage of wet slip rental fee provisions of Section
18-21.011, F.A.C. , and to allow the Lessee to pay the base rate
per square foot of the leased area as established by Chapter 18-
21, F.A.C. The Lessee hereby agrees to pay an initial lease fee
of $118,673.70, the base rate per square foot of the leased area
assessed from October 17, 1989 to January 21, 1991. the
anniversary date of this lease. The Lessee agrees to pay an
annual fee for the remaining years of this lease at the base rate
per square foot for the leased area as established by Chapter 18-
21, F.A.C. The Lessee will be notified in writing, in advance, of
the amount and due date of the annual payment. The lease fee
shall be remitted annually to the Department of Natural Resources
as the ager:. for the Lessor, on the due date each year until the
term of this lease terminates or expires. "
2. Paragraph 5 of Lease No. 130765469 is amended to read in its
entirety as follows:
"The Lessee agrees and shall provide upon request by the Lessor
any and all information required from the previous year, certified
true and correct, needed to calculate the lease fee specified in
paragraph two (2) above. "
3. Lease No. 130765469 is amended to add the following special
condition:
"The Lessee agrees to remove, at its expense, the pilings located
around the parcel of submerged land to be deeded to the Lessor
should thos=- pilings ever deteriorate to the point of becoming a
hazard to public safety or navigation as determined by the
Division of State Lands within five years from June 26. 1990, the
effective i_.te of this lease amendment. "
4 . It is understood and agreed by LESSOR and LESSEE that in each and
every respect the terms of Sovereignty Submerged Land Lease No.
130765469, except as amended hereby, shall remain unchanged and in full
force and effect and the same are hereby ratified, approved and
confirmed by LESSOR and LESSEE.
Page 1 of 2 Pages •
Amendment to Sovereignty Submerged Land Lease No. 130765469
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
WITNESSES: (SEAL)
BY
Director, Division of State Lands.
Agent for the Board of Trustees of
the Internal Improvement Trust Fund
STATE OF FLORIDA "LESSOR"
COUNTY OF LEON
Before me personally appeared Percy W. Mallison, Jr. , to me well known and
known to me to be the person who executed the foregoing Sovereignty Submerged Land
Lease Amendment, and acknowledged to and before me that he executed said
instrument for the purposes therein expressed.
WITNESS my hand and official seal, this day of
A.D. , 19
APPROVED AS TO FORM AND LEGA ITY:
Notary Public (SEAL)
State of Florida at Large
1t.
My Commission Expires:
City of ' _ 'i B=.• (SEAL)
ATTEST:
Lessee /,
-/elet&„i b) BY
Or nal Authori ed Signature
dtth W,W9D
a yor
Title of Executing Authority
"LESSEE"
STATE OF Florida
COUNTY OF Dade
Before me personally appeared �4 ��
/JLe-.- ' S4D "D to me well
known and known to me to be the person who executed the foregoing Sovereignty
Submerged Land Lease Amendment, and acknowledged to and before me that 4e..
executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this /4/ day of CV/lMeNoir ,
A.D. , 19 90 .
My Commission Expires: )0ZI;AerkAr___.z
r
Notary Public (SEAL)
ND-7;7Y PraTC STATE OF FLO^I DA
Mi rOM,,!ISS1Oiti EP. MAY 20,:933
BONDED THRU GENERAL INS. UND. State of Fla.,- r d at Large
FORM APPROVED
LEGAL DEPT.
Date V/d/Po
Page 2 of 2 Pages •
Amendment to Sovereignty Submerged Land Lease No. 130765469
A4ae
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
September 18, 1990 FAX: (305) 673-7782
Mr. Martin Dix
Katz, Kutter, Haigler, Alderman,
Davis, Marks & Rutledge
Professional Association - Suite #400
First Florida Bank Building
215 So. Monroe Street
Tallahassee, FL 32301
RE: MIAMI BEACH MARINA
Dear Mr. Dix:
Enclosed, please find the following items relating to the City
Commission action of September 5, 1990:
1) A check payable to the State of Florida, Department of
Natural Resources (DNR) , in the amount of $118, 673 .70 for
the Submerged Lease Fees at the Miami Beach Marina; with
DNR Statement.
2) Executed Amendment to Sovereignty Submerged Land Lease
No. 130765469.
3) Executed Resolution No. 90-20080
4) City Commission Memorandum No. 409-90.
5) Executed Warranty Deed for Pelican Island.
Please ensure that the check for the Submerged Lease Fee is
delivered to the Office of the Deputy Director, prior to the due
date of September 24, 1990; to avoid the late charge of 12% per
anum.
We ask that the Special Warranty Deed not be recorded by the State
until the enclosed Amendment to the Sovereignty Submerged Land
Lease has been executed and returned to the City of Miami Beach
City Clerk' s Office, as noted on their copy.
Should you have any questions, please do not hesitate to contact my
office.
Sincer-l ' •� s,
r
t
Willia H. Harrison
Executive Assistant to the City Manager
WHH:blb
Enclosures
cc: Rob W. Parkins, City Manager
MIAMI BEACH REDEVELOPMENT AGENCY �_�---
3 9 4 4
. INTERCONTINENTAL BANK
i.i OPERATING ACCOUNT
MIAMI BEACH, FLORIDA 33139 --�= 1395 sRICKEIL AVENUE r
I-1 MIAMI,FLORIDA 33131 Ir
63-606
U
670
September 1d9-4.0
ONE HUNDRED EIGHTEEN THOUSAND, SIX HUNDRED SEVENTY THREE and 70/100 118, 673 .7
PAY. D O L L A S $
r � -1
TO
THE DEPARTMENT OF NATURAL RESOURCES
�! ORDER
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II'00391,t,II' 0i:0 6 ?00 60 6 3i: II'900 2 0000 230
DE LUXE CHECK PRINTERS
MIAMI BCH. REDEVELOPMENT AGENCYCANM
THE ATTACHEDDETACHECKH D IS NR
PAYMENT
THIS OF ITEMSSTATEDESCERIBNT
ED BELOW.
OPERATING ACCOUNT IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED.
DELUXE - FORM WVC-3 V-3
INVOICE DEDUCTIONS
DATE NUMBER DESCRIPTION AMOUNT - NET AMOUNT
PARTICULARS AMOUNT
9/10/90 211-Submerged Land $118,673 . 70
Lease fees at the
Miami Beach Marina
through fiscal year
1990/91, ending 1/21/91
• pursuant to Commission
Memo 409-90--9/5/90
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•
CITY OF MIAMI BEACH
TO: William Harrison DATE: 9/14/90
City Manager's Office
FROM: Elaine M. Baker
City Clerk
SUBJECT: Authorizing the Mayor and the City Clerk to execute
an amendment to Sovereignty Submerged Land Lease
No. 130765469 between the City of Miami Beach and
the Trustees of the Internal Improvement Trust Fund
of the State of Florida for the Miami Beach Marina;
declaring the submerged land commonly referred to
as Pelican Island to be surplus to the needs of the
City of Miami Beach; and authorizing the Mayor and
City Clerk to execute a Special Warranty Deed in
favor of the Board of the Trustees of the Internal
Improvement Trust Fund of the State of Florida for
the submerged land commonly referred to as Pelican
Island.
Enclosed are 3 copies of the above-noted lease and
deed together with a copy of the authorizing
Resoultion No. 90-20080, which have been executed
by the City.
Please forward all copies to the appropriate
official for signature, with the request that
the blue-backed copy be returned to the attention
of Mercy Williams in this office. Would you please
copy her on your letter of transmittal.
She will subsequently forward a fully executed set
to you for your files.
Thank you.
ORIGINAL
RESOLUTION NO. 90-20080
Authorizing the Mayor and the C
to execute an amendment to Sovereignty Clerkovereignty
Submerged Land Lease No. 130765469 between
the City of Miami Beach and the
Trustees
of the Internal Improvement Trust Fund of
the State of Florida for the Miami Beach
Marina; declaring the submerged land
commonly referred to as Pelican Island to
be surplus to the needs of the City of
Miami Beach; and authorizinga
the Mayor and
City Clerk to execute a special warrant
deed in favor of the Board of Trustees
of the Internal Improvement Trust Fund of
the State of Florida for the submerged
as Pelican
commonly referred to g
n
Island.
ir ..._