Loading...
Sovereignty Submerged Lands Fee Waived Renewal 2022- -32l ZS DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 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: I. 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 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 • 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 Ieast. 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 fmancial 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 Iease 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 Iand,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 DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 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-2"d 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 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 • 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 DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 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 ofpage intentionally left blank;Signature page follows] • • Page 5 of 13 Pages Sovereignty Submerged Lands Lease No. 130037916 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 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/rype 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: Notary Public,State of Florida 2/4/2022 EP Attorney Date Printed,Typed or Stamped Name My Commission Expires: Commission/Serial No. • Page 6 of 13 Pages Sovereignty Submerged Lands Lease No. 130037916 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 • • WITNESSES: City of Miami Beach,Florida (SEAL) ILA BY: • Original Signature • • Origi Signature of Executing Au ority , £aqn t 1 -1 Z Alina T. Hudak • Typed/Printed Name f Witness Typed/Printed Name of Executing Authority City Manager Original Signature Title of Executing Authority e. Glua t Typed/Printed Name of Witness ,4. j B� titi "LESSEE" MAY 1 2 2022 =3 VV''; ' ,, c% STATE OF fbbi'4 MAY 1 2 2021 NLORP ORATEDI • COUNTY OF/1 �,A Ackl • i3.)4 The foregoin i m ent was acknowledted befo�e}ne by can ofYphysical presence or_online notarization this /N day of ,20:/'r}by f and on behalf of City of Miami Beach,Florida. He is personally known to me r who has produced as ide 'fication. MyCam- ;�rt , �,y,;rR�• sank., CHARLES J.DAQOSTIN Sign e of Public ,�j� MY COMMISSION#HH 165705 s►/'� ���� ,�: EXPIRES 1 /`�� ��;r :December 14,2025 Notary�li ,State of Apt.sti • Bonded 11w Notary Public Underwriters Commission/Serial No. Printed,Typed or Stamped Name • • Page 7 of 13 Pages Sovereignty Submerged Lands Lease No. 130037916 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 41; 11 ' 1 la 4 ! k 699.STREET k 0 11 IPP • w b f�rll 1 . m '. LOCATIO N u MIk.t • OF SURVEY - .- * a r ►i @ • * lit LOCATION SKETCH l •i• ;%I m,-..src B.:,:►; scale:1'=100' ..u:.:): . LEGAL DESCRIPTION: .. as Portion of a submerged land located in Section 11,Township 53 South, Range 42 LI East,more particullarly described as follows: i is§ Commence at the southeast corner of Lot 6,Block M,CORRECTED PLAT OF 2 - ATLANTIC HEIGHTS, Plat Book 9,Page 14,Public Records of Miami-Dade . =g County,Florida;thence North 89°12'34"West,along the south line of said Lot 6 1 gg tg and its westerly extension for a distance of 269.13 feet to the POINT OF i gR BEGINNING of the submerged land herein described;thence continue North Z a 89°12'34"West along the westerly extension of said Lot 6 for a distance of 56.57 feet;thence North 6°52'36"West,for a distance 115.38 feet;thence North ii 57°59'10"East for a distance of 45.73 feet;thence South 34°41'2T'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. t .y t -II II 6 Attachment A Page 8 of 13 Pages • SSLL NO. 130037916 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 • • • LEGEND CB. CATCH BASIN L ARC LENGTH C.B.S. CONCRETE BLOCK STRUCTURE ra ELECTRIC BOX C.&G. CURB AND GUTTER in MONITORING WELL CENTER LINE CL CLEAR • STREET LIGHT C,LF CHAIN LINK FENCE * TRAFFIC LT.POLE C.M. CONCRETE MONUMENT WOOD FENCE t CAL CALCULATED CAL CALCULATED CONC. CONCRETE F.F. FINISH FLOOR ELEVATION ri 111 ll D.H. DRILL HOLE M.D.C.R. MIAMI-DADE COUNTY RECORDS 71-7 ENC. ENCROACHMENT GRASS AREA F.F. FINISH FLOOR ELEVATION e _ I.P. IRON PIPE DENOTES EXISTING ELEVATION l!r M.H. MANHOLE REC. RECORD DISTANCE OR ANGLE !Ma IE PROPERTY LINE MEAS. MEASURED DISTANCE OR ANGLE P.O.B. POINT OF BEGINNING Q PL P.Q.C. POINT OF COMMENCE ® TRAFFIC LIGTH LL BOX BOX P.P. POWER POLE IT TELEPHONE PULL BOX Rf W RIGHT-OF-WAY OE ELECTRIC MANHOLE III SINK. SIDEWALK ® CATCH BASIN TYPE F t f 6 ® WATER METER ® STORM MANHOLE • W.V. WATER VALVE La CENTRAL ANGLE SUL SAFE UPLAND LINE SURVEYOR NOTES: THE SPECIFIC PURPOSE.OF THIS SURVEY IS TO SHOW THE BOUNDARIES OF THE SUBMERGED LAND LEASE DESCRIPTION FOR THE MIAMI BEACH POLICE STATION ' .i DOCK. E " THIS IS A FIELD SURVEY. I N COORDINATES SHOWN REFER TO WAD 1983 FROM MIAMI BEACH GIS MAP L ,41 BEARINGS REFER TO THE ORIGINAL WEST RIGHT-OF-WAY OF I E INDIAN CREEK DRIVE(S29'06'00'E)AS SHOWN IN P.8.28,P,28,M.D.C.R. I 9t ELEVATIONS SHOWN REFER TO N.G.V.D.,1929. 1.. BENCH MARK G-313 3g ELEVATION 8.24 15 LOCATION:U.S.COAST GUARD AND GEODETIC BRASS DISC,SET IN N.E.CORNER OF l II F SEWER PUMP STATION.CENTER OF PARKING LOT AT 72 ST&HAR�S�S►'r.-i. SHORELINE CONDITION ALONG LEASE SHORELINE PLUS 1,000 FEET allACH SIDE IS 100%SEAWALL JAN 3?),•,;, li DEPT or E:1::•AiirECi'ty - I HEREBY CERTIFY:Thal thls'SPECIFIC PURPOSE SURVEY"is cone attrdidietie`(tie Minimum techinical Standards for Land Surveying in the State Florida as set forth in Chapter 472.027(F.S.) ' and Chapter 61G174 of the Florida Administrative Code.Not valid without the signature and raised seat of a Florida Licensed Surveyor and Mapper. CERTIFIED TO THE BOARD OF TRUSTEES OF THE IP[TE iftr.4 1PI: OF THE STATE OF FLORIDA M1=NT TRUST FUND •_ .1 J 29. ! • o : I .,. ,.:II 1124108 It 5a I V �i@i' '.I( DATE y,/': . ?U . 4"; %'II P.S.A:.H ,,' 19 IyrATt:0 FLORIDA r! Attachment A Page 9 of 13 Pages SSLL NO. 130037916 • is ; t 9 ,,. <.• ,, A•� Nr i e.tll �. r I` 1 1II ,3Ri: <f`'N �lila 1. to , ill S 1 IPI B 1 [y b #L .I +�, I II !,1 -1 H ! �� N RIPARIAN ONE _ . I I ;.�;i:1 r r aA.o I A.0 �' N , - -ow.-- 2. 1 1 i. 'I . NI , I , II , ,,,, . . „. .w. cp.\ „„.. k iici 1 ii � liIamy Il k. pfI a �• h• , I ,'. . CO • CD w ./ I , o "' O�,roO�-, Dcm IY I I a _ co rn ft.,,,,�03 �l �i�FI yo n U w I 1 ® 1 o o • pI p • - co E. Nh m o Attachment A Page]0 of 13 Pages s D. SSLL NO. 130037916 N c w c rn to c U O ❑ DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 lidw • •> `! I z F• I f I 1 . I 0,z_ 1 I Q z I S cr N F k/ •— tu al J / dF1 z Ge RIPARIAN LINE N575990'E 45.73 I I iii zu k. o ONE )BOAT r 1 I Q/ $I I15: fe.Q I r„ , ONE U�BO Q. 39.OB T . 12A5•I 11 4. r d ;4 �Cq C 4h' a HQ i 4 z . �ip�R/q I I x.e, g 5. •• IP, ' g `I q . CGy�, ,?� <o,B •. RI °"4*b)e0,,r I s y � fi� 97 rut,K �,r Icfr � C 1pr� N2k' Aym ° GI� �lfir o j/ ! 1111� °I �� s7.2r„ eAkx, B "arce v 41.7 oltiS1 . djle • w44'. I4 i 41 015, ,,,,,,,,4 :gi . gi.44 ,4....,, . E Attachment A Page 11 of 13 Pages SSLL NO. 130037916 DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 Resolutions-R7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor 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), 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. SUPPO TING SURVEY DATA n/a FINANCIAL INFORMATION N/a Applicable Area North Beach Is this a" esidents Right Does this item utilize G.Q. to Know"item.pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Facilities and Fleet Management Page 1442 of 1735 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 ATTACHMENTS: Description D Memo D Resolution • Page 1443 of 1735 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 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 DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 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. I 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 DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 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. [02/29 DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 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 I8-21.004(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 • DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 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-2"d 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 DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 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 I 0 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 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BEO6CBB7 23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USAGE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign,submerged lands. 24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises,the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 25. LIVEABOARDS: The term"liveaboard"is defined as a vessel docked at the facility and inhabited by a person or persons • for any five(5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one(1)of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve(12) month period,nor shall any such vessel constitute a legal or primary residence. 26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling,when these vessels are engaged in"cruises to nowhere,"where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. [Remainder of page intentionally left blank;Signature page follows] Page 5 of 13 Pages Sovereignty Submerged Lands Lease No. 130037916 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 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: ,e9e /Za.Ci 5/3/2022 Notary Public,State of Florida P Attorney Date Printed,Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 6 of 13 Pages Sovereignty Submerged Lands Lease No. 1300379I 6 , DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 WITNESSES: City of Miami Beach,Florida (SEAL) BY: Original Signature Original Signature of Executing Authority Alina 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 Alina T.Hudak as City Manager,for and on behalf of City of Miami Beach,Florida.She 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 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION f4,�,'(,, LISA e City Attorney ate DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 • AI { i1� a • k 60th STREET k • " awes :II I 6• ,'%tI ..... . isiOtii4ii c7, . . LOCATION \-1116‘111kla. ill OF SURVEY , t 1 LOCATION SKETCH • ;. .,, B. scale:1'=100' • LEGAL DESCRIPTION: o Portion of a submerged land located in Section 11,Township 53 South, Range 42 East,more particullarly described as follows: 8 s Commence at the southeast corner of Lot 6,Block M,CORRECTED PLAT OF g ATLANTIC HEIGHTS, Plat Book 9,Page 14,Public Records of Miami-Dade ' o County,Florida;thence North 89°12'34"West,along the south line of said Lot 6 and its westerly extension for a distance of 269.13 feet to the POINT OF g s BEGINNING of the submerged land herein described;thence continue North 2a 89°12'34"West along the westerly extension of said Lot 6 for a distance of 56.57 g feet;thence North 6°52'36"West,for a distance 115.38 feet;thence North b 57°59'10"East for a distance of 45.73 feet; thence South 34°41'27"East for a §1 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. 2 II j e Et Attachment A Page 8 of 13 Pages SSLL NO. 130037916 DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 . LEGEND 1� C.B. CATCH BASIN L ARC LENGTH C.B.S. CONCRETE BLOCK STRUCTURE ca ELECTRIC BOX C.&G. CURB AND GUTTER ire MONITORING WELL • Q CENTER LINE CL. CLEAR e STREET LIGHT :11 C.L.F. CHAIN LINK FENCE $ TRAFFIC LT.POLE C.M. CONCRETE MONUMENT WOOD FENCE CAL. CALCULATED CAL. CALCULATED CONC. CONCRETE F.F. FINISH FLOOR ELEVATION 1!! D.H. DRILL HOLEI� ENC. ENCROACHMENT M.D.C.R. MIAMI-0ADE COUNTY RECORDS F.F. FINISH FLOOR ELEVATION GRASS AREA s LP. IRON PIPE DENOTES EXISTING ELEVATION 11 M.H. MANHOLE REC. RECORD DISTANCE OR ANGLE 111111i1i IC PROPERTY LINE MEAS. MEASURED DISTANCE OR ANGLE P.O.B. POINT OF BEGINNING 2' P.O.C. POINT OF COMMENCE ® TRAFFIC LIGTH PULL BOX 1 P.P. POWER POLE ® TELEPHONE PULL BOX QQ R/W RIGHT-OF-WAY O ELECTRIC MANHOLE I!! SWK. SIDEWALK ® CATCH BASIN TYPE F NiN WATER METER ® STORM MANHOLE 11 W.V. WATER VALVE CENTRAL ANGLE • SUL SAFE UPLAND LINE { SURVEYOR NOTES: THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE BOUNDARIES OF THE .d SUBMERGED LAND LEASE DESCRIPTION FOR THE MIAMI BEACH POLICE STATION P ga DOCK. THIS IS A FIELD SURVEY. l` COORDINATES SHOWN REFER TO NAD 1983 FROM MIAMI BEACH GIS MAP �ry gi BEARINGS REFER TO THE ORIGINAL WEST RIGHT-OF-WAY OF li L:E INDIAN CREEK DRIVE(S29'08'00"E)AS SHOWN IN P.B.28,P,28,M.D.C.R. I �p ELEVATIONS SHOWN REFER TO N.G.V.D.,1929. BENCH MARKG-313 II gi ELEVATION 8.24 i LOCATION:U.S.COAST GUARD AND GEODETIC BRASS DISC,SET IN N.E.CORNER OF a SEWER PUMP STATION,CENTER OF PARKING LOT AT 72 ST&HA $;'''- : 2 I SHORELINE CONDITION ALONG LEASE SHORELINE PLUS 1,000 FEET ON'ACH SIDE'IS li 100%SEAWALL. DU':of CP;:'ACi cC'Iv n I HEREBY CERTIFY:Thal this"SPECIFIC PURPOSE SURVEY'is coneCi andineetii Gie Minimum Techinical Standards for Land Surveying in the Slate Florida as set forth in Chapter 472.027(F.S.) and Chapter 61G17-6 of the Florida Administrative Code.Not va(Id without the signature and raised seal of a Florida Liicensed,Surveyor and Mapper. .i 'C. .*. V.,..�'i',.',,r. CERTIFIED TO THE BOARD OF TRUSTEES OF THE INTEg}jAL1Ii4PRf)V,EMENT TRUST FUND OF THE STATE OF FLORIDA :e.` !9;•. j d . 29' • Y; 1 . 1/24108 -t V„ .1I DATE J'.'!•,.' TY SOU a-: 11P.S.h4i.N ,,1�,gtATE`a FLORIDA I Attachment A Page 9 of 13 Pages SSLL NO. 130037916 DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 it. W Ei 1.� ., Q 'I t l `�� � -J ' ' \ =► 'i 2 J , `• °�:: .a 1 P �. e i t 1`��. B ED 111 gil 1WL `• ",;a r- r -• e �1 111 1.f I ' 111 I I3l ' iRtsTqr\ t Ii it ti t i 4 Ir / QivAWtN IINE rw�- 1 ^©• al I i. I ii ` c�7 to • a 1 y �1 i 1iTi . z� Ia jirA 1 Rom, 4 �: I• 1.21 rr I 9 u ti� W 1 / n � G ' �)LI I '' l i.I i1 l.: --J / ,I 1 a Ij-i' e� I' 1�%dy1 , P �r ` I i p ii 1 i El Attachment A Page 10 of 13 Pages SSLL NO. 130037916 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 i I W 11 > 1j z J d T I kr ce • 4-I y 1 1Ji A •4 N e 4. 0 / 2� I f I i6� / ill 7 ill 6,6 RIPARIAN UNE 1 >— Y ON BOAT I . sr ONE(1)BOAT Q 39.0W Q • y! ,2.05• Q ' ,m o$ kb / _4' rm I; / 1 Z l g 44 /NO/'4ti C , . N f•.i g1 q m 14e R/A 1 g W: 46'/1 I o el F C/�F ,2,0 IQ,. )tiNa,..,m Il w ----1 Q� � �bY 2. • - G fpBMr Y., a .1,a N s'erg< tr P W 41'7,No X a,n,l _ u; P IA Jt a 3�$3� o. '�ate / gttt� 0 Attachment A Page I I of 13 Pages SSLL NO. 130037916 1 DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 ,r WARRANTY GEED PAPCO PUaL16HING CORPORATION I ,,ROM CONMRATioM TO COR.ORATIOMI ►ARDO'S FWD*R.O.SSSS MIAMI 32.FLORIDA II..1.., . C61.1b3 :Inbentllrt'. Made this 3rd. day of dlsla9' A. D. 19 BLUE OCEAN VILLAS INC, a Florida corporation b ;1BETWEEN ( 1 ,, -- ,a corporation .‘I' / existing under the laws of the State of Florida having its principal place of t't business in the County of Dade _ and State of Florida t-f ,(, and lawfully authorized to transact business in the State of Florida, party of the first part. and 4,. -, CITY OF MIAMI HEWN `i:f 1'•Er - X "s a corporation elnsitin under the laws of the State of Florida rp g having ire , t:f 1} y� principal place of business in the County of Dade —and State of Florida , :' OCT -UOand lawfully authorized to transact business in the State of Florida,party of the second part, /5-t' 00 pf L r.. , )'t (' WITNESSETH: That the said party of the first part, for and in consideration of the sum of ,, ��SrPALM 't1i-itlyy f=t Ten Dollars and other good and valuable consideration xA tIACN, +� to it in hand paid by the said patty of the second part,the receipt whereof is hereby aclmowledged, •: ,`: has granted, bargained and sold to the said party of the second part,its successors and assigns forever, ,2e.. t-t the following decribed land situate,lying and being in the County of Dade X t. and State of Florida,to wit: 1_I That portion of Lot One (1) through Lot Six:(6) in Block "N" of ',1 ATLANTIC HEIGHTS as shown on the corrected Plat thereof, recorded in fi Plat Book 9, Page 14, of the public records of Dade County, Florida, said portion being more fully described is follows: ;: •,i Begin at the northeasterly corner of Lot Onne•(1) in Block "N" of }` ATLANTIC HEIGHTS; thence run southeasterly along the northeasterly r. K line of said Block 'IN" a distance of Three Hundred Eleven and Fifty- 1. 4 nine one=hundredths (311.59) feet to the point of curvature of a :' 7curve having a radius of Twenty (20) feet, said curve being et the .,i ' southeasterly corner of Lot Six (6) in said Block "N"; thence run along said curve deflecting to the right to 'a point, said point being iC Nine (9) feet southwesterly of the northeasterly line of said Block, ;;+. "N" produced southeasterly, said Nine (9) feet being measured at righ '•�' angles to the northeasterly line of said Block "N", produced south- easterly; thence run northwesterly along a straight line parallel to . t and Nine (9) feet southwesterly of.the.northeasterly line,of said •II) i Block "N" to a point on the northwesterly line of said Lot Six (6), "I a t, said Nine (9) feet being measured at right angles to the northeaster- ly line of said Block "N"; thence run northwesterly along a straight )} i line to a point on the southeasterly line.of Lot Two (2) or Said Block "N", said point being Ten (10) feet southwesterly of the north- (. easterly line of said Block "N" and measured at right angles to the i. northeasterly line of said Block "N"; thence run northwesterly along I II a line parallel to and tan (10) feet southwesterly of the northeaster ly line of said Block "N" to a point on the northerly line of Lot One (1) of said Block "N"; thence run easterly along the northerly line o seid,Lot One (1) to the northeasterly line of said Block "N". Attachment B Page 12 of 13 Pages SSLL NO. 130037916 And the said party of the first part does hereby fully warrant the title to said land,and will defend the same against the lawful claims of all persons whomsoever. DocuSign Envelope ID:B613D1DF-D20E-4DC7-924C-3287BE06CBB7 Ei ll,u±U.L F:,'uc:J -may • P. I IN WITNESS WHEREOF,the said party of the first part has caused these presents be signed t• its name by its proper officers,and its corporate seal to be affixed,attested by its Secretary,the day and year above written. f . BLUE C I r1 Attest: 1� bi Secretary. esidenk 'fit• • • 1U •a' Signed;.sealed a delivered in the pre-mice of us, / " ,til r �/W�nt t • S;it ii; • _� G TJ ITE) STATLS ,FT ii3,t3 Y ) . ?,- a, +1 .) - CITY AND PROVINCE 1' ) .V 41 m 4 f III;Ci �~ }:�:aJi;:i u o i, a'o ' i I HEREBY CERTIFY,that on this. Ord- da of ••• :,Tni B i�` 9 before me personally appeared wiliV.. a'i96c �T —.2—.BENITOA President aile:stfduktf+Xjd?tYI eeIIXIdg of ��1 !MITE OCEAN VfI,�Si NC_ a corporation under the laws of /��, r r i; :UL_A ._. personssignedt • `v;� the State of F 1 ry^ �' to me brown to be the who the fore- ttiw }t • .in instrument as snob icger apd--se y, acknowledged the execution thereof to be their free act 14 d decd as such officeIrk.fge't 1e.usgt ati4 ips uses therein mentioned and that they affixed thereto the i 11 �;'� \fficiai seal of said ca U atiQni,and dim had instrum Is the et and deed of said corporation. `, ii,,q i ,',I• 10%,, l: WITNESS my si re•and'dfftciai's at_ +' i' :. the C i,tpgi,it_Rs vle}, c oluCy> C'• '.1.e day and year last aforesaid„—'-` rr ff .i- it„...b.i.•dl Ja PX1.14...rr 1TM , . ) P c.c.....ray is' S 51Ai et Ash 3664" y wy I` 1 N9 R r+ 3 tS'R� O O r. If, t �i7,i• ari 15. g2 a, 63 0 , W �% 1 . ri o + fig to m" II . p V a ' ' 51 o a 2 a w '�1 p 8 9 �Tt1 � w` p,to tl E G:� 0 2 g a \\�`_�ja{ n to M[t........... n m I,t. hr, 1i") 1 \ tl• �• ~. C Oi elX F. A... cam,^o- n p H iY .�", 1 C a v�• G'�F, E.o.m. �O o • +;I . Fs ottb L *,�;To2 UA r47ORLDA fPi( 44tDa j7-.0913.7. , ci '� ! a .��.•1 tt'WOE `_ a�� El. iff o 7: C` yi 9 rn p. < • F''i•tr' rt ten• . iU 'tit.. r V 11 At in i ' .•fit 'm ?.c m rJ c+-- C� I /j Cr" Co roLi • 1 * $ /J� - N "' �`' { rl I / „, S Attachment B rfrk " ��� It4. Page 13 of 13 Pages h . , rlo ,. U ,t' r-..E-r ' SSLL NO. 130037916 ' '.tin _ '-' "`'- � ' DocuSign Envelope ID:B613D1 DF-D20E-4DC7-924C-3287BE06CBB7 MI AM I B E :2 H Contract/Document Routing Form Contract No. Title Submerged Lands Lease Contractor Re•uestin: De.a"rtment Facilities and Fleet Management ��Dn.•sIs=--hv. .�wr,gignEd bv. De artment Di e . am S' nature ACM Name •rmna ur. i I, �� Adrian Morales Lester Sola v N`546a6Fr 2 I BB40F... `18D5z3bD 109o4Ee... Document T'..e Select One Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation. Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) X Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement Type 5—Grant agreements with the City as the grantor Other: 'Brief Summa:.'&Pur a ose attach,memo'iffaclaitional s.ace is necessa Attached please find for your signature:the Submerged Lands Lease Agreement between the City and the State of Florida, for the use of a 4 Slip Dock located at 6880 Indian Creek.These docks are used for the mooring of Police and other municipal vessels. This agreement was approved Pursuant to Reso.No.2022-32126 at the April 6,2022 Commission Meeting. On:inalTerrn Renewal Periods Total Term On:final'+Renewals 5 Years 5 Years 10 Years • • Fundin:Information Grant Funded: Yes x No State Federal Other: Cost&Fundin:Source • Year Annual-Cost = Account Re.uire Enhancement 1 Yes No 2 Yes No 3 Yes No 4 Yes No 5 Yes No 1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed. 3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. . Author toS:n City Commission Approved: x Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2022-32126 R7N 04/06/2022 If no,explain why CC approval is not required: Legal Form Approved: x Yes No If no,explain below why form approval is not necessary: yR7r z f. '°?a* .-1;;pru* .c ':Corn hanc2l4'o r,Ovals see attaChefl L hi: `.:±: Procurement: Grants: Budget: Information Technology: t—DocuSianed by: Risk Management: Fleet&Facilities: Ozzie Dominguez 61/5/5lL 96E04610E670417... Human Resources: Other: f• 5, Office of Real Estate DATE: May 12, 2022 TO: Rafael Granado, City Clerk FROM: Ozzie Dominguez, Division Director SUBJECT: Submerged Lands Lease Agreement For: Information Only Review and approval City Manager's Signature x City Clerk's Signature Other Comments: New Submerged Land Lease Agreement to be witnessed and sealed pursuant to Resolution No. 2022-32126 Return to: Kevin Sanchez Date Needed: 5/12/2022