Resolution 2022-32126 RESOLUTION NO. 2022-32126
A RESOLUTION OF THE MAYOR AND 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), BY AND BETWEEN THE CITY
(LESSEE) AND THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (LESSOR), FOR
USE OF THE LEASED PREMISES TO OPERATE A FOUR(4) SLIP DOCKING
FACILITY, ADJACENT TO THE NORTH SHORE POLICE SUBSTATION,
LOCATED AT 6860 INDIAN CREEK DRIVE; SAID LEASE RENEWAL HAVING
A TERMOF FIVE (5) YEARS, COMMENCING ON MAY 17, 2022 AND ENDING
ON MAY 17, 2027; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE FUTURE LEASE RENEWALS OFFERED BY LESSOR IN ORDER
TO ENSURE THE CONTINUOUS USE OF THE LEASED PREMISES FOR
MOORING OF POLICE AND OTHER MUNICIPAL CITY OWNED VESSELS.
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 of 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 September 12, 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, on October 17, 2017, the City and the Lessor agreed to renew the Lease, for a term
of five (5) years, 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; and
WHEREAS, the City and Lessor desire to execute another five (5) year renewal,
commencing on May 17, 2022 and ending on May 17, 2027; and
WHEREAS, there is no annual rent due for the use of the Leased Premises; and
WHEREAS, the City Manager recommends executing the Sovereignty Submerged Lands
Fee Waived Lease Renewal (BOT File No. 130037916), attached to this Resolution as Exhibit A,
for a term of five (5) years, commencing on May 17, 2012 and ending on May 17, 2027, with future
renewal(s) of said Lease, if any, being at the sole option of Lessor; and further recommends
executing future Lease renewals offered by Lessor, in order to ensure the continuous operation of
the docking facility for mooring of police and municipal City owned vessels.
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), by and between the City (Lessee) and the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida (Lessor), for use of the leased premises to
operate a four (4) slip docking facility, adjacent to the North Shore Police Substation, located at
6860 Indian Creek Drive; said Lease renewal having a termof five (5) years, commencing on
May 17, 2022 and ending on May 17, 2027; and further authorize the City Manager to execute
future Lease renewals offered by Lessor in order to ensure the continuous operation of the
leased premises for mooring of police and other municipal City owned vessels.
PASSED and ADOPTED THIS 6 day of 4ri I 2022.
ATTEST:
APR 1 2 -�02� Dan Gelber, Mayor
Rafael . 4 Granado, City Clerk ,,8„,,,,
% °INCORP�ORATED
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
3
City Attorney2A— Date
This Instrument Prepared By:
Sue Jones
Action No.44873
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee,Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL
BOT FILE NO. 130037916
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,
hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the
faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to
City of Miami Beach, Florida, hereinafter referred to as the Lessee, the sovereignty lands as defined in 18-21.003,Florida
Administrative Code,contained within the following legal description:
A parcel of sovereignty submerged land in Section 11,
Township 53 South,Range 42 East,in Indian Creek,
Miami-Dade County,Florida,containing 10,515 square feet,more or less,
as is more particularly described and shown on Attachment A,dated January 24,2008.
TO HAVE THE USE OF the hereinabove described premises from May 17, 2022, the effective date of this lease
renewal,through May 17,2027,the expiration date of this lease renewal. The terms and conditions on and for which this lease
renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 4-slip docking facility to be used exclusively for
mooring of police and municipal city owned vessels in conjunction with an upland police station,without fueling facilities,with
a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection
or State of Florida Department of Health,whichever agency has jurisdiction,and without liveaboards as defined in paragraph
25,as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease.
EXHIBIT A
[02/29
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(32), Florida
Administrative Code. The submitted financial records shall be certified by a certified public accountant.
4. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease,the Lessor is hereby specifically authorized
and empowered to examine, for the term of this lease including any extensions thereto 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)the 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 entire term of this lease 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 IN 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 13 Pages
Sovereignty Submerged Lands Lease No. 130037916
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 this lease,current 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
1833 Bay Road-2nd Floor
Miami Beach, FL 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 13 Pages
Sovereignty Submerged Lands Lease No. 130037916
•
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 docking
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 lease.
Page 4 of 13 Pages
Sovereignty Submerged Lands Lease No. 130037916
23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee
shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the
construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign,submerged lands.
24. COMPLIANCE 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.
[Remainder of page intentionally left blank;Signature page follows]
•
Page 5 of 13 Pages
Sovereignty Submerged Lands Lease No. 130037916
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 Brad Richardson,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.
Original Signature
Print/Type Name of Witness
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me by means of physical presence this day of
20_,by Brad Richardson,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. He is personally known to me.
APPROVED SUBJECT TO PROPER EXECUTION:
n_ Notary Public,State of Florida
' /� i 2/4/2022
%CEP Attorney Date
Printed,Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
Page 6 of 13 Pages
Sovereignty Submerged Lands Lease No. 130037916
WITNESSES: City of Miami Beach,Florida (SEAL)
BY:
Original Signature • •
• Original Signature of Executing Authority
A11.4a T. Hudak
Typed/Printed Name of Witness Typed/Printed Name of Executing Authority
City Manager
Original Signature Title of Executing Authority
Typed/Printed Name of Witness "LESSEE"
STATE OF •
COUNTY OF •
The foregoing instrument was acknowledged before me by means of_physical presence or_online notarization this
day of ,20 ,by_ _as for and on behalf of City of Miami Beach,Florida.
He is personally known to me or who has produced ,as identification.
My Commission Expires:
Signature of Notary Public
Notary Public,State of
Commission/Serial No. Printed,Typed or Stamped Name •
Page 7 of 13 Pages
Sovereignty Submerged Lands Lease No. 130037916
_.j
il
' 'dik
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k 69th SWEET k
"0011 11111111M1 C -ii,
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7 e.it1
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---..........„ 14111k It . • Ai
:::-....... 114.1q
LOCATIO I o�� ,i,:
OF SURVEY -.- 111
_ a
LOCATION SKETCH I,.:,•:l;
scale:1'=100' -. :). . ,
LEGAL DESCRIPTION: 95
Portion of a submerged land located in Section 11,Township 53 South, Range 42 ;.1
East,more particullarly described as follows: § m
Commence at the southeast corner of Lot 6,Block M,CORRECTED PLAT OF 8g
•
ATLANTIC HEIGHTS, Plat Book 9, Page 14,Public Records of Miami-Dade „ g6
County, Florida;thence North 89°12'34"West,along the south line of said Lot 6 g
and its westerly extension for a distance of 269.13 feet to the POINT OF i e2
BEGINNING of the submerged land herein described;thence continue North . <i .
89°12'34"West along the westerly extension of said Lot 6 for a distance of 56.57 0<
feet; thence North 6° 52'36"West,for a distance 115.38 feet;thence North RI
57°59'10"East for a distance of 45.73 feet; thence South 34°41'27"East for a 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,lying
and being in the CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA
containing 10515 square feet or 0.2414 acres more or less. f 3. t
�i
Attachment A
Page 8 of 13 Pages
SSLL NO. 130037916
•LEGEND 1
C.B. CATCH BASIN 1 1
C.B.S. CONCRETE BLOCK STRUCTURE L ARCLENGTH
C.&G. CURB AND GUTTER vs g
ELECTRIC BOX
CENTER LINE MONITORING WELL
CL. CLEAR • STREET LIGHT :II
C.L.F. CHAIN LINK FENCE Q TRAFFIC LT.POLE
C.M. CONCRETE MONUMENT WOOD FENCE f
CAL CALCULATED CAL CALCULATED
CONC. CONCRETE F.F. FINISH FLOOR ELEVATION )!
D.H. DRILL HOLE �i.!!
ENC. ENCROACHMENT M.O.C.R. RASS MIAMI-DADE COUNTY RECORDS 9 i
F.F. FINISH FLOOR ELEVATION GRASS
AREA ' s
I.P. IRON PIPE DENOTES EXISTING ELEVATION [!�"li
M.H. MANHOLE REC. RECORD DISTANCE OR ANGLE !!i!a
IE PROPERTY UNE MEAS. MEASURED DISTANCE OR ANGLE
P.O.B. POINT OF BEGINNING 11 i P.O.C. POINT OF COMMENCE ® TRAFFIC LIGTH LL BOX X
P.P. POWER POLE El TELEPHONE PULL BOX "9
R/W RIGHT-OF-WAY EO ELECTRIC MANHOLE ��`
SWK. SIDEWALK ® CATCH BASIN TYPE F ! !
(YAM WATER METER ® STORM MANHOLE III •
•
W.V. WATER VALVE
6, CENTRAL ANGLE
SUL SAFE UPLAND LINE
SURVEYOR NOTES:
THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE BOUNDARIES OF THE I
SUBMERGED LAND LEASE DESCRIPTION FOR THE MIAMI BEACH POLICE STATION i• "te
DOCK.
THIS IS A FIELD SURVEY. IN 11
COORDINATES SHOWN REFER TO NAD 1983 FROM MIAMI BEACH GIS MAP
BEARINGS REFER TO THE ORIGINAL WEST RIGHT-OF-WAY OF E
INDIAN CREEK DRIVE(S29"06'00"E)AS SHOWN IN P.B.28,P,28,M.D.C.R. 1 RV
ELEVATIONS SHOWN REFER TO N.G.V.D.,1929. i
BENCH MARK G-313
ELEVATION 8.24 0i
LOCATION:U.S.COAST GUARD AND GEODETIC BRASS DISC,SET IN N.E.CORNER OF s
SEWER PUMP STATION.CENTER OF PARKING LOT AT 72 ST&HA f'".-).$ i
SHORELINE CONDITION ALONG LEASE SHORELINE PLUS 1,000 FEET ONACH SIDE IS
100%SEAWALL g
JAN 3 11
DIED:of E:•1•:•; .ciui'E fv -- s
I HEREBY CERTIFY;Thal this"SPECIFIC PURPOSE SURVEY"is correa`Stidmeetsttie Minimum
Techiniical Standards for Land Surveying in the State Florida as set forth in Chapter 472.027(F.S.)
and Chapter 61G17.6 of the Florida Administrative Code.Not valid without the signature and raised
seat of a Florida Licensed Surveyor and Mapper.
....p„
CERTIFIED TO THE BOARD OF TRUSTEES OF THE IN1TE 3hifPfi l4ENT TRUST FUND '77-
OF THE STATE OF FLORIDA 1 ;L"?' F;S o • c 3 ,
I .
:?!I :�-;+f
1Azaroa ". 1 I a • 0
I
DATE "'•'11,' . �7iJ . : ': .-ii .
P.S.t�:.N ,,�B,atATE`f FLORIDA s
Attachment A
Page 9 of 13 Pages
SSLL NO. 130037916
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Attachment A
Page 11 of 13 Pages
SSLL NO. 130037916
Resolutions-R7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 6,2022
SUBJECT:A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MAAAGER TO EXECUTE, IN THE FORM ATTACHED TO THIS
RESOLUTION AS EXHIBIT A, THE SOVEREIGNTY SUBMERGED LANDS
FEE WAIVED LEASE RENEWAL (BOT FILE NO. 130037916), BY AND
BETWEEN THE CITY(LESSEE)AND THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
(LESSOR), FOR USE OF THE LEASED PREMISES TO OPERATE A FOUR
(4) SLIP DOCKING FACILITY, ADJACENT TO THE NORTH SHORE
POLICE SUBSTATION, LOCATED AT 6860 INDIAN CREEK DRIVE; SAID
LEASE RENEWAL HAVING A TERM OF FIVE (5) YEARS, COMMENCING
ON MAY 17, 2022 AND ENDING ON MAY 17, 2027; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE FUTURE LEASE
RENEWALS OFFERED BY LESSOR IN ORDER TO ENSURE THE
CONTINUOUS USE OF THE LEASED PREMISES FOR MOORING OF
POLICE AND OTHER MUNICIPAL CITY OWNED VESSELS.
SUPPORTING SURVEY DATA
n/a
FINANCIAL INFORMATION
N/a
Applicable Area
North Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Trackina
Facilities and Fleet Management
Page 1442 of 1735
ATTACHMENTS:
Description
a Memo
a Resolution
Page 1443 of 1735
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Dan Gelber and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: April 6, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND 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 ON MAY 17,2022 AND ENDING ON
MAY 17, 2027.
BACKGROUND
On July 10, 2002, the City, as Lessee, executed a Sovereignty Submerged Lands Lease (BOT No.
130037916) ("Lease")with the Board of Trustees of the Internal Improvement Trust Fund of the State
of Florida, as Lessor, for a parcel of 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 September 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 1444 of 1735
On October 17, 2017, the City and the Lessor agreed to renew the Lease, for a term of five (5) years,
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.
ANALYSIS
The Lease authorizes the City to operate an existing four(4)-slip docking facility exclusively to be used
for mooring of police and municipal City-owned vessels in conjunction with the upland police station.
The 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.
The City and Lessor have agreed to renew the Lease, attached hereto as Exhibit A(Lease), for a term
commencing on May 17, 2022 and ending on May 17, 2027; with future renewal(s) of said Lease, if
any, being at the sole option of Lessor.
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 commencing on May 17, 2022 and ending on May
17, 2027.
Attachments:
1) Resolution
2) Exhibit A—Lease
Page 1445 of 1735