RESOLUTION 93-20700 •
RESOLUTION NO. 93-20700
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1
TO THE EXISTING DEPARTMENT OF THE ARMY LEASE NO.
DACW17-1-77-2
WHEREAS, on or about August 9, 1976 the City of Miami Beach
and the Department of the Army entered into a 50-year Lease
Agreement, No. DAC W17-1-77-2 , which granted to the City of Miami
Beach the use of 1. 70 acres of United States Government-owned
upland beach area in South Pointe Park, and access to and use of
public fishing improvements constructed on approximately 6. 22
adjacent acres of jetty land and water areas in Government Cut; and
WHEREAS, on or about January 8, 1979, the U.S. Government
conveyed by quitclaim deed to the City of Miami Beach title to the
1. 70 acres of upland beach area which is a part of the 16. 52 acre
parcel known as South Pointe Park; and
WHEREAS, the Department of the Army has proposed amending the
50-year Lease Agreement to remove from the terms and conditions of
the Lease the 1.70 acres of upland beach area which was conveyed to
the City of Miami Beach along with the rest of South Pointe Park;
and
WHEREAS, the City Manager recommends execution of the attached
Supplemental Agrement No. 1 and the City Attorney has approved it
as to form.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized to execute the attached Supplemental Agreement
No. 1 to the existing Department of the Army Lease No. DACW17-1-77-
2 .
PASSED and ADOPTED this 20th day of January , 1992 .
ATTEST: 4
9
Lketty).,.21
City Clerk M• • •r
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C:\resoluti\armysup.Lea FORM APP�OVED
12/09/92 5:05pm
LEG' EPT1_. 400,
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-.. [-ACQUISITION -AUTHoRiZirir�
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Sec. of War t
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I
CITY OF MIAMLBEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 3313
TO: Mayor Seymour Gelber and DATE: Jan. 20, 1993
Members of the City Commission
FROM: Roger M. Caritod� 0,(62
City Manager•
SUBJECT: APPROVAL OF RESOLUTION AUTHORIZING SUPPLEMENTAL
AGREEMENT NUMBER 1, TO THE EXISTING DEPARTMENT OF THE ARMY
LEASE NO. DAC W 17-1-77-2, WITH THE CITY OF MIAMI BEACH
FOR THE RECREATIONAL FISHING FACILITIES IN GOVERNMENT CUT
AT SOUTH POINTE PARK
ADMINISTRATION RECOMMENDATION:
The Administration recommends approval of the resolution authorizing
the Mayor to execute Supplemental Agreement Number 1 to the existing
Department of the Army Lease No. DAC W17-1-77-2 with the City of Miami
Beach for the recreational fishing facilities in Government Cut at
South Pointe Park.
BACKGROUND:
On August 9, 1976, the City of Miami Beach and the Department of the
Army entered into a 50-year Lease Agreement, No. DAC W17-1-77-2 , which
granted to the City of Miami Beach the use of 1.70 acres of United
States Government-owned upland beach area in South Pointe Park, and
access to and use of public fishing improvements constructed on
approximately 6. 22 adjacent acres of jetty land and water areas in
Government Cut. On January 8, 1979, the U.S. Government conveyed to
the City of Miami Beach title to the 1. 70 acres of upland beach area
which is a part of the 16. 52 acre parcel known as South Pointe Park.
However, the Department of the Army lease for public fishing
improvements was not amended to reflect the reduction in acreage
covered under the lease. The Department of the Army, in reviewing
their files, has found this discrepancy and now wishes to properly
identify the property currently covered by the lease agreement between
the City of Miami Beach and the Department of the Army. The change in
acreage is reflected in Supplemental Agreement Number 1 to the
Department of the Army Lease No. DAC W17-1-77-2 , attached hereto.
ANALYSIS:
This supplemental Agreement Number 1 to the Department of the Army
Lease Number DAC W17-1-77-2 , now properly identifies the property
currently covered by the lease between the Department of the Army and
the City of Miami Beach. The 1.70 acres now owned by the City, and
part of the South Pointe Park conveyance, has been removed from the
lease. An affidavit from the City Surveyor confirming the legal
description is attached hereto.
CONCLUSION:
The City Commission should authorize the Resolution for the execution
of Supplemental Agreement Number 1, to the existing Department of the
Army Lease No. DAC W17-1-77-2 with the City of Miami Beach, for the
recreational fishing facilities in Government Cut at South Pointe67
Park.
RMC/RAG/DC/b AGENDA
Attachments ITEM
bis\CNA-Resor CM-Army
DATE /- 9S
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SURVEYOR'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF DADE
BEFORE ME, the undersigned authority, personally appeared J.A.
Vargas ("Affiant") , who after first being duly sworn deposes and
says:
1) Affiant is the City Surveyor for the City of Miami Beach,
and holds State of Florida Registered Land Surveyor' s
License No. 2916, and is thereby qualified to make this
affidavit.
2) Affiant has personal knowledge of the facts set forth
herein.
3) Affiant has reviewed the legal description of the 50 year
Lease Agreement between the City of Miami Beach and the
Department of the Army DAC W17-1-77-2 , dated August 7,
1976, attached hereto as Exhibit A.
4) Affiant has reviewed the legal description contained in
the quitclaim deed from the United States of America to
the City of Miami Beach, dated January 8, 1979, wherein
the United States government conveyed to the City of
Miami Beach South Pointe Park, copy of which quitclaim deed is
attached hereto as Exhibit B.
5) Affiant has reviewed the legal description contained in
Supplemental Agreement No. 1 to Lease,No. DAC W17-1-77-2 ,
copy of which Supplemental Agreement No. 1 is attached
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hereto as Exhibit C ' .f*
6) Affiant states that all of the property which is removed
by Exhibit C from the description contained in Exhibit A
is contained within Exhibit B.
FURTHER AFFIANT SAYETH NOT.
/�
J. ' . argas
Regi-tered Land Surveyor
License No. 2916
COUNTY OF DADE •
STATE OF FLORIDA :
The foregoin. 'nstrum-nt was acknowledged before me this
121*- dayof ,,j A (2' 19 byJ.A Vargas, who has
produced a & wth ` I p , . • as dentifict.a ion and who d; .
not take an oath. 4 \ )
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N TA PUBLI
STATEOF FLORIDA
PNB. lm IstAkal b. 5A-u-113y
NOTARY PUBLIC STATE OF FEO IDA
C:\agreemen\affsur.lea MY COMMISSION EXP MAY 21. 1994
BONDED THRU GENERAL INS.UND
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DEPARTMENT OF THE ARMY
LEASE
FOR PUBLIC PARK AND RECREATIONAL PURPOSES
NO. DACW17-1-77-2
MIAMI HARBOR PROJECT AREA
THE SECRETARY OF THE ARMY under authority of Section 4 of the Act
of PP
Congress approved 22 December 1944, as amended (16 USC 460d) , and
g
theProject Water Recreation Act, 79 Stat. 214 (16 USC 460L-13) ,
andP ursuant to a contract entered into on 9 August 1976
by and between the United States of America, and The City of Miami Beach,
Florida (hereinafter referred to as The Contract) , hereby grants to The
Cityof Miami Beach, Florida, a lease for a period of fifty (50) years
commencing on 1 December 1976 , and ending on 30 November 2026
to use and' occupy approximately 1.70 acres of Government-owned land
under theP rimary jurisdiction of the Department of the Army as shown in
red on attached Exhibit "H", and more fully described in attached
Exhibit "E", and subject to all terms and conditions of this lease.
The Secretary of the Army further grants to the City of Miami Beach use
ofP uolic fishing improvements constructed by the United States on the
North Jetty, Miami Harbor, Florida Project, with access to and use of the
area upon which said improvements are located, consisting of approximately
?.2 acres of land and water areas identified in blue on Exhibit "J"
6'
attached hereto and more fully described in Exhibit "F". The United
States acquired a perpetual interest in said jetty area to construct the
improvements hereby granted, from the City of Miami Beach, by easement,
dated 9 August 1976 , filed in the public records of Dade County, Florida.
(Exhibit "L")
THIS LEASE isg ranted subject to the following conditions:
1. The lessee shall conform to such regulations as the Secretary
Army of
the issue to govern the public use of the project area, and
may
shall comply with the provisions of the above-cited Acts of Congress.
The lessee shall protect the premises from fire and vandalism, and may •
make and enforce such regulations as are necessary and within its legal
authority, in exercising the privileges granted in this lease, provided
that such regulations are not inconsistent with those issued by the
Secretary of the Army or with provisions of the above-cited Acts of Congress.
2. The lessee agrees to administer the land and water areas
included in the lease for recreational purposes , and to bear the costs of
operation, maintenance and replacement of all facilities and improvements
on theP remises at the commencement of this lease or added during its term.
As used in this lease the term "replacement" shall be construed to mean
the replacement in whole or in part of any structure or improvement so
worndamagedany
or b y cause as to no longer adequately serve its designed
"EXHIBIT A"
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aup Iq panoaddu aq 3 saz3 'Tugs sasodand 2uzonpoad anuanaz ao3 aassaT aul
cq paluui2 sasuaT qns puu 'sasuao TT 's1 Tuu d go suoT3 Tpuoo puu smaal alp
'saaluu12 1aulo sl T J q ao luacauaano2 alp Iq palupaS sasu3T aapun palulado
axe suoz ssaouoo aaauj •asuaT sTul 3o suoz sTAozd loo Cgns paluea2
a.'•e haul luta altl s TTuus s3uu.12 eons TTy 'luamo2uuuN puu luauzdotanaa
uoiluaaoaj 3o uuTd au1 ul?M put @spat szgl 3o suompuoo puu srcua3
aql gppp lualszsuoo aau uotgt sasod.and .'03 Alaadoid pasuaT aqp 3o suoTpaod
.10 TTu asuaT qns pu 'sasuaoTT puu slzuuad luuaS Luui aassal au •S
•paxauuu ATTuuT2Tao
3z su asuaT sTgl 3o laud u amooaq uodnaaaup nulls puu olaaaq saTpaed
auq 3o saAT t? uasaada1 pazTaoqpnu Act 2uT4T1M uT panoaddu aq TTuus olaaatp
sluauipuamu TTu puu AaoauanuT pttS •asuaT sTgl 3o uoTTeuTmaal ao uoTquaTdxo
agq uo ao ui2a1 auk 2utanp pa1Tnbaa 3T maul @outdo.' 03 puu 'uompuoo
puu uotltotJtluapT .'Tagg 1Tmaad luatot33ns s2uTmuap puu suoTpdtaosap
apnTout TTugs squauianoaduiT 3o AaoquanuT au •Aaoluanut sigl o3 pappu
aq fou TTuus loualuop au 3o £ atoTgay 3o AgTaomnu au. aapun palona4suoo
sat3TTzou3 2uzonpoad anuanaa auITmzs eons puu 'serous apiou4 pus �TEq
'squuanul saa 03 palTmTT Sou 3nq 2utpntouT `usaT3TTzou3 TuuoT3TPPV11 JO
sad/CI uTugaap •3oualuoo ptusaaoJt aul quunsand palonalsuoo aq Xacu ss
sluauzanoadmT TuuoTI.tppu eons £Io2uanuT p cus oq pappu aq 'Tugs aaaul amT4
01. amT1 woad •;ateaquop au 3o suual. agq. aapun spun; Tuaapaa glTm gaud uT
ao @Toum lit palon. lsuob sluomanoadmT TTt 3o Xaoluanut uu dpum aq of asnto
TTuus olaiaq saTpaud alp asuaT stgp 3o quamaouaumaoo aqj uodn i ui
•3ot1lu03
au go c aToTgay go adoas alp urillTm axe se S T TAT3ou 2utonpoad anuaAa.z
eons lonpuoo /cum saassaTgns stq puu aassaT auq 'loualuop auj 3o 17 atonal/ 3o
suoz sTnoad alp aapun .paztaoupnu sa2augo puu saa3 auk of uoT3Tppt uI •E
• (uuTa agl 3o luauipuamu Jq pagstTdtuoozu aq oq suoT1uozJ-rpom ao Cum) Iuazuageuem
puu luamdotanaG uOTquaaoaj 3o uutd aqp o1 suoz3uo-r;tpoui aonIN •p
•paTTddu aq oa aau ao padoianap
anuli goTgm saanpaooad ao satoTTod 3o suoTluoT3tpom 3utZT3TU2TS •O
.auaA 2utpaoaad aql ao3 aassaT aul 3o s3u9m
-gSTTdm000u luamdoTanap puu aoutualuTEm '3uaalaSeuuui aqi 3o 3aodaj •q
•1oualuop auk 4 TM aouupa000s
uT uoaaagp pa4onalsuoo aq of saT2TTTZt3 aaupo puu s3uamano.'dart 2uTpnTouT
aassaT aqp Act uajulaapun aq of saT3TnT4ou 3uama2uuum ao3 suWTd •E
:2UTr1OTTo3 aq3 03 PalTmTT fou sT lnq apnTouT 'Tugs goTgm unu uuT d T uv
aul uo aaa2t TTuus saTlatd agl '1ua1c goua asuaT aq3 3o alvp AaesaaATuue
aql aao;aq 10 uo •3oaaaq 3atd u apem aouaaaJa1 sTg3 Aq put lota3uoD au
3o (q)T aToTlav of 3utnsand paldopt luama2uuuN put 3uamdoTanaG uoTgtaaoall
3o UPI(' aql 3o aouuiaglani uT aoutuaquTEJT puu uoT3uaadO 3o ut1u TtnuuV
uu Aq papTn2 aq TTuus aassaT atm •aouu:Ua;urem Tua aou 1.12Tm uoT3ounJ
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District Engineer in writing. In order to protect the investments of
sublessees, the District Engineer is authorized to approve subleases
which require the government to continue to honor such parts of the
subleases which may be necessary to assume the continuation of the sub-
leased activities upon a default which would result in a revocation of the
prime lease under condition 14 hereof.
6. The lessee shall establish and maintain adequate records and
accounts and render annual statements of receipts and expenditures to the
District Engineer, except for annual or weekly entrance fees which also
are honored at other recreational areas operated by the lessee. The
District Engineer shall have the right to perform audits of the lessee's
records and accounts, and to require the lessee to audit the records and
accounts of sublessees, and furnish the District Engineer a copy of the
results of such an audit.
7. Th rates and prices charged by the lessee or its grantees for
revenue producing activities shall be reasonable and comparable to rates -
charged for similar goods and services by others in the community. The
Government shall have the right to review such rates and prices and
require an increase or reduction where it finds the objective of this
paragraph has been violated.
8. The right is reserved to the United States, its officers, agents ,
and employees, to enter upon the premises at any time to make inspections
concerning the operation and maintenance of the lands and facilities pro-
vided hereunder, and for any purpose necessary or convenient in connection
with river and harbor and- flood control work, and to make any use of the
land as may be necessary in connection with public navigation and flood
control, and the lessee shall have no claim for damages of any character
on account thereof against the United States or any agent, officer or
employee thereof.
9. The United States shall not be responsible for damages to property
or injuries to persons which may arise from or be incident to the exercise
of the privileges herein granted, or for damages to the property of the
lessee, or for damages to the property or injuries to the person of the
lessee's officers , agents, servants, or employees or others who may be on
the premises at their invitation or the invitation of any one of them,
arising from or incident to the flooding of the premises by the Government
or flooding from any other cause, or arising from or incident to any other
governmental activities, and the lessee shall hold the United States
harmless from any and all such claims.
10. That 'at the time of the commencement of this lease, the lessee
will obtain from a reputable insurance company, acceptable to the Govern-
ment, liability or indemnity insurance providing for minimum limits of
$50,000 per person in any one claim, and an aggregate limit of $100,000
for any number of persons or claims arising from any one incident with
3
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respect to bodily injuries or death resulting therefrom, and $10,000
for damage to property suffered or alleged to have been suffered by any person or
persons resulting from the operations of the lessee under the terms of this
lease.
11. The lessee or its grantees shall not discriminate against any
person or persons because of race, creed, color, sex, or national origin
in the conduct of its operations hereunder. The lessee has furnished
as part of The Contract an assurance that it will comply with Title VI
of the Civil Rights. Act of 1964 (78 Stat. 241) and Department of Defense
Directive 5500.11 issued pursuant thereto and published in Part 300 of
Title 32, Code of Federal Regulations, and all grantees shall supply like
assurances (Exhibit "G")
12. This lease is subject to all existing easements, and easements
subsequently granted, for roadways , and utilities and for other purposes
located or to be located on the premises, provided that the proposed grant
of any easement will be coordinated with the lessee and easements will not
be granted which will, in the opinion of the District Engineer, interfere
with developments, present or proposed, by the lessee.
13. The lessee shall comply promptly with any regulations, conditions
or instructions affecting the activity hereby authorized if and when
issued by the Environmental Protection Agency and/or a State Water
Pollution Control Agency having jurisdiction to abate or prevent water
pollution. Such regulations, conditions or instructions in effect or
prescribed by the Environmental Protection Agency or State Agency are
hereby made a condition of this lease.
14. This lease may be revoked by the Secretary of the Army in the
event the lessee violates any of the terms and conditions of this lease
and continues and persists therein for thirty (30) days after notice
thereof, in writing, by the District Engineer. Such a termination shall
not derogate or diminish such other remedies in law as may be available to
the Government and in no way shall it act to relieve the lessee of his
responsibilities and obligations under The Contract. In lieu of
revocation, the District Engineer, in his discretion, upon a finding tfiat
a violation constitutes a health or safety hazard may suspend the use of
that operation or facility until such deficiency is rectified.
15. On or before the date of expiration of this lease, the lessee
shall vacate the premises, remove its property therefrom, and restore
the premises to a condition satisfactory to the District Engineer. If,
however, this lease is revoked the lessee shall vacate the premises, remove
its property therefrom, and restore the premises as aforesaid within such
time as the Secretary of the Army may designate. In either event, if the
lessee shall fail or neglect to remove its property and so restore the
premises, then its property shall become the property of the United States
without compensation therefor, and no claim for damages against the United
States, or its officers or agents shall be created by or made on account
thereof.
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16. All. notices to be given pursuant to this lease shall be
addressed, if to the lessee, to The City of Miami Breash., Florida,
-if to the Government, to The District Engineer, U. S. Army Engineer
District, P. 0. Box 4970, Jacksonville, Florida 32201, or as may from
time to time be directed by the parties . Notice shall be deemed to have
been duly given if and when inclosed in a properly sealed envelope or
wrapper, addressed as aforesaid and deposited postage prepaid (or, if
mailed by the Government, deposited under its franking privilege) in a
post office or branch post office regularly maintained by the United
States Government.
IN WITNESS WHEREOF I have hereunto set my hand by authority of the
Secretary pf the Army this 17th day of May , 1977
1:12ez_ lc; 4A 0,4_,
CHARLES B. HOOPER, Chief, R l Estate Div.
U. S. Army Corps of Engineers
• Jacksonville, Florida District
THIS LEASE is also executed by the lessee this
day of ,�� �, ► y-- , 19 .7/ :, .
THE CITY OF MIAMI BEACH,
a body corporate
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BY •,/
(Title)
ATTEST: HAROLD ROSEN
BY )2,?•44/7.4.4_,
C&14,
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A parcel of land lying in Section 10, Township 54 South, Range
42 East , Dade County, Florida, being a portion of the Corps of Engineers
Reservation, niaiui Beach, Florida, being :,ore particularly described as
follows:
For a point of reference, commence at a point marked Monument A on the
- north boundary of said reservation; thence S 65°13' E a distance of
302 feet more or less to the point of beginning.
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From point of beginning run S 24°47' W a distance of 55 feet more or
less, thence. N 65°l3' W a distance of 170 feet more or less , thence
S 27°13' E a distance of 35 feet more or less , thence -S 65°13' E a
distance 170 feet more or less , thence S 01010' E a distance of 350 feet
more or less to the south boundary of said reservation, thence S 65°13' E
a distance of 150 feet more or less to the shore line of the Atlantic
• Ocean, thence northerly following the meanders of said shore line a
distance of 425 feet more or less to a point which. bears S 65°13' E,
200 feet more. or less from the point of beginning, thence N 65°13' W
200 feet more or less to the point of beginning, containing 1.70 acres,
more or less. •
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EXHIBIT "E" •
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BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
PERPETUAL EASEMENT
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No. 25637 (2679-13)
WHEREAS, pursuant to application made by the City of Miami
Beach, for a perpetual easement in and to certain lands held by the Board
of Trustees of the Internal Improvement Trust Fund of the State of Florida,
being lands required for the construction and maintenance of recreation
facilities, fishing walkway, Miami Beach, Florida, and pursuant to approval
of said application by the said Board of Trustees of the Internal Improvement .
Trust Fund on March 9, 1976; •
NOW, THEREFORE, THIS INDENTURE, made this 1st day of April, A.D.
1976, between the Board of Trustees of the Internal Improvement Trust Fund,
as grantor, and the City of Miami Beach, as grantee;
WITtIESSETH: That the Board of Trustees of the Internal Improvement
Trust Fund, for and in consideration of the sum of One and 00/100 Dollar
($T.00), receipt of which is hereby acknowledged, does hereby grant unto the
said City of Miami Beach a perpetual easement, assignable to the United States
of America, for the construction of a fishing walkway approximately 1325 feet
long and 12 feet wide, with 40-foot platforms every 150 feet cantilevered over
the jetty. A sewered comfort station will also be provided for the convenience
of the public using the pier, subject to the conditions hereinafter set forth,
in and to the follo:ring described land in Dade County, Florida, to-wit:
A parcel of land being a portion of Miami Harbor, Dade County,
• Florida, more particularly described as follows:
For a point of reference, commence at Monument 1511-1 having
coordinates of X=735,353.23, 1=521,057.01, thence proceed
North 65°35'40" West, 44 feet to the Point of Beginning;
from the Point of Beginning, proceed South 65°35'40" East,
196 feet, more or loss, to a point on the North Jetty; thence
North 12°32'45" East, 102.18 feet to a point on a line which
is 100.37 feet northerly of and parallel with the North Jetty;
thence along said parallel line South 65°35'40" East, 1270
feet, more or less; thence South 24°24'20" Vest, 200 feet to
a point; thence North 65°35'40" West, 1412 feet, more or less,
to a point; thence North 6°08'18" East, 105.30 feet to the Point
• of Beginning; containing 6.22 acres, more or less.
•
TFIIS tr15TnW.irNT WAS PREPARED pi
Cov10 rrt(1
EMU(
0111101,10
7ALlq}{aSr.EE,FLOr10.\ 32304
•
EXHIBIT "F" . .
•
This easement is granted subject to the following conditions, viz:
(1) The rights hereby conferred shall be subject to any and all
prior rights of the United States.
(2) That no title to said land is conferred by this instrument.
(3) That the grantee herein will not, in the construction and
maintenance of said recreation facility, fishing walkway, damage or unduly
interfere with public or private rights therein.
(4) That the City of Miami Beach, in accepting this easement,
covenants and agrees to comply with and abide bythe
9 P Y provisions and conditions
. Z _
herein and assumes all responsibility and liability and agrees to save the
State of Florida and the Board of Trustees of.the Internal Improvement Trust
Fund harmless from all claims of djmaws arising out of this easement.
j -
In the event the land herein described shall cease to be used for
the herein stated purposes, then the easement over said land herein granted
shall become subject to revocation at the option of the Board of Trustees of
the Internal Improvement Trust Fund.
TO HAVE AND TO HOLD said easement unto said grantee, its
successors and assigns, for the purpose herein set forth.
Ill TESTIMONY ►•,'HEREOF, 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 said Board of Trustees of the Internal Improvement
• Trust Fund to be hereunto affixed, in the City of Tallahassee, Florida, on
this '26th day of April . , A.D. 1916.
1
/%/7////?:
Governor
, Zi/LL
S• ary of- State J
•
(SEAL)
Board of Trustees
of the Internal Aga- oz.4?„L.
Improvement Trust Attorney General
Fund
4tcoier
Page 2 of
Easement No. 25637 (2679-13)
EXHIBIT "F"
- •
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T reasurer r
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n.y-ssoner of Education
li .
4 . /
-4 . _Oz./ '
a;mis5ion"er of Agri cu i cure
/
g As and Constituting the Board of Trustees
•
of the Internal Improvement Trust Fund of
the State of Florida.
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1
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Page 3 of
Easement No. 25637 (2679-13) -
EXHIBIT "F"
102/1 i n Dd
REC PG
1979 JAN 16 AM 10: 29
QUITCLAIM DEED
79R 15150
The UNITED STATES OF AMERICA, acting by and through the Secretary
of the Interior, acting by and through the Southeast Regional Director,
Heritage Conservation and Recreation Service, under and pursuant to the
power and authority contained in the provisions of the Federal Property
and Administrative Services Act of 1949 (63 Stat. 377) , as amended, and
particularly as amended by Public Law 485, 91st Congress, and regulations
and orders promulgated thereunder (hereinafter designated "Grantor") ,
for and in consideration of the perpetual use of the hereinafter described
premises for public park and public recreation area purposes, by the
City of Miami Beach, Florida (hereinafter designated "Grantee") , does
hereby release and quitclaim to Grantee, and to its successors and
assigns, subject to the reservations, exceptions, restrictions, condi-
tions and covenants hereinafter expressed and set forth, all Grantor's
right, title and interest in and to the following described property,
consisting of approximately 16.87 acres, located in Section 10, Township
54 South, Range 42 East, ]fade County, Florida:
PARCEL ONE
For the Point of Beginning commence at a 10" square concrete monument
located on the northerly boundary of the U. S. -Corps of Engineers Reserva-
tion, being the westernmost corner of Lot 6, Block 4 of South Beach Park
Subdivision as shown in Plat Book 6, Page 77, of the public records of
Dade County, said monument designated "C" having coordinates of X-
784,440.39,
-
784,440.39, and Y-521, 912.47. Said monument also lies approximately
South 24°27'26" West, a distance of 592.30 feet South of, and North
65°36' 16" East, a distance of 554.97 feet west of the northeast corner
of the northwest 1/4 of Section 10, Township 54 South, Range 42 East.
From said Point of Beginning, thence run along the northerly boundary of
said land South 65°36' 16" East, passing through a monument designated
"A", at a distance of 713.87' , a total distance of 1,476.52 feet, mor.e
or less, to its intersection with the erosion control line established
for the Miami Beach renourishment project as shown on Dade County Plat
File Number 24-5";42--12, Sheet 1 of 14, dated 25 July 1977; run thence
South 23°41' 12" East, along said erosion control line and its extension,
a distance of 630. 14 feet, more or less, to the Mean High Water line of
the northerly shoreline of the "Government Cut" for the Entrance Channel
of Miami Harbor; run thence northwesterly along said Mean High Water
line on an approximate bearing of North 65°35' 19" West, a distance of
1,9/6.66 feet, more or less, to a point on the Mean High Water line
which lies South 24°25'50" West, a distance of 50 feet, more or less ,
from U. S. Corps of Engineers monument "Wiggins"; thence run North
24°25'50" East, a distance of 50 feet, uore or less, to monument "Viggins";
24°25'50" Ease, 370) 43 feet to monument "C" , and
thence continue North
the Point of Beginning.
The above-described tract or parcel of land contains 16.52 acres, more
or less. The bearings and distances stated herein are based on the
Mercator Grid System of the East Zone of Florida.
"EXHIBIT B"
•
PG 9
PARCEL TWO
For a Point of Reference commence at monument "C" as described in Parcel
One above, run thence along the northeasterly line of the U. S. Corps of
Engineers Reservation, North 65°35' 12" West, a distance of 151.63 feet,
more or less, to a steel pin set in concrete, designated monument "G";
thence run South 87'38'37" West a distance of 208.58 feet along the
northwesterly boundary of the U. S. Corps of Engineers Reservation to
monument "West", having coordinates of X-784,093.91 and Y-521,966.52,
said point being the Point of Beginning of the tract being described
herein.
From said Point of Beginning, run thence South 57°41'41" West, a distance
of 226.20 feet to U. S. Corps of Engineers monument "Virgil", having
coordinates of X-783, 902. 72 and Y-521,845.63; thence continue South
57'41 '41" West a distance of 4.0 feet, more or less, to the face of an
existing steel bulkhead and the approximate north shore of the Entrance
Channel to Miami Harbor; thence run Northwesterly along the north shore
of Miami Harbor on an approximate bearing of North 32°05'08" West, a
distance of 132.34' more or less, to a point which lies South 87°38'37"
West, a distance of 265.09 feet from monument "West"; thence run North
87°38' 37" East along the northwesterly boundary of the U. S. Corps of
Engineers Reservation passing thru a concrete monument designated "F" at
a distance of 121 feet, more or less, for a total distance of 265.09
feet to monument "West", and the Point of Beginning.
The above-described tract or parcel of land contains 0.35 acr e, more or
less. The bearings and distances stated herein are based on the Mercator
Grid Systems of the East Zone of Florida.
There are excepted from this conveyance and reserved to the Grantor,
and its assigns, all oil, gas, and other minerals in, under and
upon the lands herein conveyed, together with the rights to enter
upon the land for the purpose of mining and removing the same.
This conveyance is made subject to any and all existing rights-of-
way, easements and covenants and agreements affecting the above
described premises, whether or not the same now appear of record.
To Have and to Hold the hereinbefore described property, subject to
the reservations, exceptions, restrictions, conditions and covenants
herein expressed and set forth unto the Grantee, its successors and
assigns, forever.
Pursuant to authority contained in the Federal Property and Adminis-
trative Services Act of 1949, as amended, and applicable rules, regulations
and orders promulgated thereunder, the General Services Administration
determined the property to be surplus to the needs of the United States
of America and assigned the property to the Department of the Interior
for further conveyance to the City of Miami Beach, Florida.
It is agreed and understood by and between the Grantor and Grantee,
and the Grantee by its acceptance of this deed, does acknowledge its
understanding of the agreement, and does covenant and agree for itself,
and its successors and assigns, forever, as follows:
_2_
PG 1070
1. This property shall be used and maintained for the public
purposes for which it was conveyed in perpetuity as set forth in the
program of utilization and plan contained in the application, submitted
by the Grantee on December 6, 1978, which program and plan may be amended
from time to time at the request of either the Grantor or Grantee, with
the written concurrence of the other party, and such amendments shall be
added to and become a part of the original application.
2. There is reserved to the U. S. Army Corps of Engineers the
right of continued use and occupancy and right of removal of any or all
buildings located on the premises for one hundred eighty (180) days
following Grantee's conveyance of the property.
3. There is further reserved to the U. S. Army Corps of Engineers,
in a 50' wide strip extending from the mean high water line landward
along the North bank of the Miami Cut, a perpetual and assignable right
and easement to construct, operate and maintain channel improvement
works on, over and across the Land described, for the purposes as autho--
rized by the Act of Congress approved 13 June 1902, including the right
to clear, cut, fell, remove and dispose of any and all timber, trees,
underbrush, buildings, improvements and/or other obstructions therefrom;
to excavate, dredge, cut away, and remove any or all of said land; and
for such other purposes as may be required in connection with said work
of improvement.
4. There is reserved to the Grantor all those contractual rights
and benefits accruing to the United States from that certain document
entitled "Contract Between the United States of America and the City of .
Miami Beach for Recreational Development at the Existing North Jetty,
Miami Harbor, Florida, Project" executed on behalf of the United States
on 13 August 1976 and approved on behalf of the Secretary of the Army on
ti
30 November 1976, as implemented by that certain lease from the Secretary
of the Army to the City of Miami Beach, FL, numbered DAM 1.7-1-77--2,
dated 17 May 1977, for a 50-year term commencing on 1 December 1976 and
ending on 30 November 2026, covering 1.7 Acres of Government-owned fee
land and certain easement interests and improvements thereon. Such
rights and benefits include, but are not limited to, the enforcement of
_3_
PG ' ,1
allP rovisions of said contract relative to obligations assumed by the
4-/C;
City of Miami Beach for operation, maintenance and replacement of the 3 At
improvements constructed under said contract for the 50-year term of
said lease.
5. This conveyance is made subject to Lease DACW17-1-67-5 granted
to Board of Pilot Commissioners and Port Wardens for use of 0.02 acre
land together with Warehouse Building 7 and Garage Building 29 for
observation tower for term of 10 years ending 14 April 1982 for $1500
rental per annum.
6. This conveyance is made subject to Lease DACW17-1-69-3 granted
to the University of Miami for use of approximately 7,840 square feet of
land and a boat landing dock (Structure No. 30) for a term ending March
31, 1979.
7. This conveyance is made subject to continued use and occupancy
by the U. S. Coast Guard of a suitable land area and building, comparable
to that presently covered by Permit DACW17-4-68-2 (a copy of which is
attached as Exhibit A) , for so long as the Coast Guard shall need the
use and occupancy of said land area and building for its radio D.F.
calibration station.
8. The Grantee shall, within 6 months of the date of the deed of
conveyance, erect and maintain aermanent sign or marker near the point
of principal access to the conveyed area indicating that the property is
a park or recreation area and has been acquired from the Federal Government
for use by the general public.
9. The property shall not be sold, leased, assigned, or otherwise
disposed of except to another eligible governmental agency that the
Secretary of the Interior agrees in writing can assure the continued use
and maintenance of the property for public park or public recreational
purposes subject to the same terms and conditions in the original instru-
ment of conveyance. However, nothing in this provision shall preclude
the Grantee from providing related recreational facilities and services
compatible with the approved application, through concession agreements
-4-
wM
PG ' 7
•
entered into with third parties, provided prior concurrence to such
agreements is obtained in writing from the Secretary of the Interior.
10. From the date of this conveyance, the Grantee, its successors
and assigns, shall submit biennial reports to the Secretary of the
Interior, setting forth the use made of the property during the preceding
two-year period, and other pertinent data establishing its continuous
use for the purposes set forth above, for ten consecutive reports and as
further determined by the Secretary of the Interior.
11. If at any time the United States of America shall determine
that the premises herein conveyed, or any part thereof, are needed for
the national defense, all right, title and interest in and to said
premises, or part thereof determined to be necessary to such national
defense, shall revert to and become the property of the United States of
America.
12. As part of the consideration for this Deed, the Grantee covenants
and agrees for itself, its successors and assigns, that (1) the program
for or in connection with which this Deed is made will be conducted in
compliance with, and the Grantee, its successors and assigns, will
comply with all requirements imposed by or pursuant to the regulations
of the Department of the Interior in effect on the date of this Deed (43
C.F.R. Part 17) issued under the provisions of Title VI of the Civil
Rights Act of 1964; (2) this covenant shall be subject in all respects
to the provisions of said regulations; (3) the Grantee, its successors
and assigns, will promptly take and continue to take such action as may
be necessary to effectuate this covenant; (4) the United States shall
have the right to seek judicial enforcement of this covenant, and (5)
the Grantee, its successors and assigns, will (a) obtain from each other
person (any legal entity) who, through contractual or other arrangements
with the Grantee, its successors or assigns, is authorized to provide
services or benefits under said program, a written agreement pursuant to
which such other person shall, with respect to the services or benefits
which he is authorized to provide, undertake for himself the same obliga
tions as those imposed upon the Grantee, its successors and assigns, by
this covenant, and (b) furnish a copy of such agreement to the Secretary
•
-5-
PG 1073
of the Interior, or his successor; and that this covenant shall run with
the land hereby conveyed, and shall in any event, without regard to •
technical classification or designation, legal or otherwise, be binding
to the fullest extent permitted by law and equity for the benefit of, .
and in favor of the Grantor and enforceable by the Grantor against the
Grantee, its successors and assigns.
13. The Grantee agrees to comply with the requirements of Public
Law 90-480 (82 Stat. 718) , the Architectural Barriers Act of 1968, as
amended by Public Law 91-205 of 1970 (84 Stat. 49), to assure that
development of facilities on conveyed surplus properties for public park
and recreation purposes are accessible to the physically handicapped;
and, further assure in accordance with Public Law 93-112, the Rehabili-
tation Act of 1973 (87 Stat. 394) , that no otherwise qualified handi-
capped individual shall solely by reasons of his handicap be excluded
from the participation in, be denied benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial
assistance.
14. Grantee shall be on the lookout for archaeological artifacts
during its construction activities and shall take appropriate action
should any artifacts be discovered.
15. In the event there is.r a breach of any of the conditions and
covenants herein contained by the Grantee, its successors and assigns,
whether caused by the legal or other inability of the Grantee, its
successors and assigns, to perform said conditions and covenants, or
otherwise, all right, title and interest in and to the said premises
shall revert to and become the property of the Grantor at its option,
which in addition to all other remedies for such breach shall have the
right of entry upon said premises, and the Grantee, its successors and
assigns, shall forfeit all right, title and interest in said premises
and in any and all of the tenements, hereditaments and appurtenances
thereunto belonging; provided, however, that the failure of the Secretary
of the Department of the Interior to require in any one or more instances
complete performance of any of the conditions or covenants shall not be
-6-
•• PG
•
construed as a waiver or relinquishment of such future performance, but
the obligation of the Grantee, its successors and assigns, with respect
to such future performance shall continue in full force and effect.
IN WITNESS WHEREOF, the Grantor has caused these presents to be •
executed in its name and on its behalf this the g day of CrPAiii,
19 'x(/
UNITED STATES OF AMERICA
acting by and through the
Secretary of the Interior
Through:
Robert M. Baker
Southeast Regional Director
Heritag Conse vation and Re ation Service
By Ai
WITNESSES: Ai
LflL _
' /2/2 f •
•
'/ •.- fit•rr L �...-(_ .
STATE OF
ss
COUNTY OF 7----uL.-1--CA/
)
On this day of ,ice^'1 4k7 , 19 .-4, before me, the
subscriber, personally appeared J. -- -- 4--�-ittp> :FZ ul•
Heritage Conservation and Recreation Service, or the United States
Department of the Interior, a governmental agency of the United States
of America, and known to me to be the same person described in and who
executed the foregoing instrument aforesaid, as the act and deed of the
United States of America, for and on behalf of the Secretary of the
Interior, duly designated, empowered and authorized so to do by said
Secretary, and he acknowledged that he executed the foregoing instu:nent
for and on behalf of the United States of America, for the purposes and .
uses therein described. •
/,1
, /. , •
41
y ,
e
My commission expires:
N,.tary C. C' 1_207,c
ia`l. :� l.,_7
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•
_7_
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t ,
The foregoing conveyance is hereby accepted and the undersigned
agrees, by this acceptance, to assume and be bound by all the obligations,
conditions, covenants and agreements therein contained.
r
00°'
c
STATE OF FLORIDA )
ss
COUNTY OF DADE )
tL
On this /0 day of CI Ci, , 1979 , before me,
the undersigned Officer, personal appeare Gavin W. O'Brien to me
known and known to me to be the -Ame person whose name is subscribed to
the foregoing acceptance, who being by me duly sworn, did depose and say
that he is the City Manager of the City of Miami Beach, Florida, that he
is duly designated, empowered and authorized by Resolution No. 78-15789
of the City Commission of the City of Miami Beach, Florida dated December
6, 1978 to execute the foregoing acceptance and sign his name thereto;
and that he signed his name thereto and acknowledges that he executed
the foregoing instr_ument for and on behalf of the City of Miami Beach,
Florida for the purposes and uses therein described.
:7-)7/ 0,-KatGet -),_ 0.-Aitt-fue6-
NOTAR D CLIC
My Commission expires: �.'
. ►
NOT A rY pt 1TO l' STA IF OF rl r-v ?( V
h., CQrvm.t S1 ON EXPIRES OCT .16 1981 •
— Ili)rj:l::r :1 tic;r;,f•-•.D,At 1N', uNr,ER vvR(Tt
RECORDED IN OFFICIAL RECORDS BOOK
OF DADE COUNTY, FLORIDA.
RECORD VERIFIED
RICHARD P. BRINKER,
Clerk Circuit Court
-8-
Supplemental Agreement No. 1
Department of the Army
Lease No. DACW17-1-77-2
Miami Harbor, Florida Project
THIS SUPPLEMENTAL AGREEMENT, made and entered into by and
between the Secretary of the Army, party of the first part, and
the City of Miami Beach, Florida, party of the .second part.
WITNESSETH:
WHEREAS, on the 17th day of May 1977 , by Lease No. DACW17-1-
77-2 , the Secretary of the Army leased to the City of Miami
Beach, Florida, for a term of fifty (50) years, commencing on
1 December 1976, and ending on 30 November 2026, the use of
approximately 1. 70 acres of Government-owned land, together with
use of public fishing improvements constructed by the United
States on the North Jetty, Miami Harbor, Florida Project,
consisting of approximately 6. 22 acres of land and water areas;
and
WHEREAS, the 1. 70 acres of Government-owned land has been
conveyed to the City of Miami Beach, Florida; and
WHEREAS, it is now desired to amend the lease to provide for
the reduction of acreage.
NOW, THEREFORE, Department of the Army Lease No. DACW17-1-
77-2 , is hereby amended as follows:
The granting clause is deleted in its entirety and the
following substituted therefore:
"THE SECRETARY OF THE ARMY under authority of Section 4 of
the Act of Congress approved 22 December 1944 , as amended (16 USC
460d) , and the Federal Water Project Recreation Act, 79 Stat. 214
(16 USC 460L-13) , and pursuant to a contract entered into on
6 August 1976 , by and between the United States of America, and
The City of Miami Beach, Florida (hereinafter referred to as The
Contract) , hereby grants to The City of Miami Beach, Florida, a
lease for a period of fifty (50) years commencing on 1 December
1976 and ending on 30 November 2026 for the use of public fishing
improvements constructed by the United States on the North Jetty,
Miami Harbor, Florida Project, with access to and use of the area
upon which said improvements are located, consisting of
approximately 6. 22 acres of land and water areas identified in
blue on Exhibit "J" attached hereto and more fully described in
Exhibit "F" , and subject to all terms and conditions of this
lease. The United States acquired a perpetual interest in said
jetty area to construct the improvements hereby granted; from the
City of Miami Beach, by easement, dated 9 August 19Th, filed in
the public records of Dade County, Florida. "
"EXHIBIT C"
Except as provided herein, all other terms and conditions of
said lease shall remain unchanged.
IN WITNESS WHEREOF, I have hereunto set my hand by authority
of the Secretary of the Army this L day of A / '/L 1993 .
atab:9'- altit)11-‘
• MARSHA F. CHIVINGTON, Acting
Chief, Real Estate Division
U. S . Army Engineer District
Jacksonville
THIS SUPPLEMENTAL AGREEMENT is also executed by the lessee
this 22nd day of February 199 3
THE • TY OF MI • ' BEA
ATTEST: B •' `
gy; S y o r Gelber, Mayor
Richard E. Brown (Ty•e: Name and Title)
City Clerk
FORM APPROVED
LEG DEPT.
6y 92
Date 92--
/2"
Off?T r i m
RESOLUTION NO. 93-20700 •
Authorizing the Mayor and City Clerk to
execute supplemental agreement No. 1 to
f
the existing Department of the Army lease
No. DACW17-1-77-2.
_ t
•