Resolution 93-20987 I ; t
RESOLUTION NO. 93-20987
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER AND THE CITY
ATTORNEY TO CONTINUE WITH NEGOTIATIONS FOR A
SECOND AMENDMENT TO MARINA LEASE AGREEMENT,
AND AUTHORIZING A SECOND EXTENSION TO THE
FIRST AMENDMENT TO MARINA LEASE AGREEMENT FOR
A PERIOD NOT TO EXCEED EIGHT (8) DAYS, SAID
PERIOD COMMENCING ON DECEMBER 7, 1993, AND
ENDING ON DECEMBER 15, 1993.
WHEREAS, on June 24, 1983, the City entered into a Lease
Agreement with Carner-Mason Associates ("Carner-Mason") , for the
purpose of leasing land for the construction and development of the
Miami Beach Marina (the "Marina Lease") ; and
WHEREAS, pursuant to a foreclosure of a mortgage on the Marina
Lease, Tallahassee Building Corporation ("Lessee") acquired the
interest in the Marina Lease previously owned by Carner-Mason; and
WHEREAS, on October 23 , 1991, the City and Lessee entered into
a First Amendment to Marina Lease Agreement (the "First
Amendment") , agreeing to modify certain terms and conditions of the
Marina Lease; and
WHEREAS, pursuant to the First Amendment, on or before the
date which is two years after the date of execution of the First
Amendment (or October 23, 1993) or within thirty days after receipt
of all necessary permits for the construction of the Dry Stack
Facility for the Miami Beach Marina, the Lessee must elect to
either terminate the Marina Lease or proceed with its plans, as
required by the First Amendment, to complete the final design and
permitting, as well as construction of, the Dry Stack Facility (the
"Second Election Date") ; and
WHEREAS, Lessee has been proceeding over the last year in
obtaining the necessary approvals to construct the aforestated Dry
Stack Facility; and
WHEREAS, Lessee's proposal for the Dry Stack Facility has been
met with great concerns on the part of the Miami Beach Housing
Authority which, when combined with other significant economic
factors, has prompted Lessee to explore with the City the
possibility of foregoing its right to build the Dry Stack Facility,
as currently required by the Marina Lease if the long term parking
•
1
needs of the Marina can be met on the Dry Stack site and the Max ina
uplands; and
WHEREAS, pursuant to the terms of the First Amendment, the
City is also required to provide up to 1, 000 parking spaces and a ,
pedestrian overpass for the Miami Beach Marina needs, upon the
development of the Marina uplands, and this requirement, while
previously negotiated as part of the First Amendment is, in light
of the currently critical parking situation within the City,
proving to be a burden and hardship for the City; and
WHEREAS, the Administration and City Attorney's office have
determined that the aforestated issue should be presently addressed
with the Lessee, and that a Second Amendment to the Marina Lease
Agreement be negotiated to adequately resolve same; and
WHEREAS, in order to provide the. Administration and City
Attorney's Office with sufficient time within which to meet with
the Lessee and negotiate mutually agreeable terms and conditions
for a second amendment to the Marina Lease Agreement, the Mayor and
City Commission approved Resolution No. 93-20945 providing for an
extension to the First Amendment to the Marina Lease up to and
including December 7, 1993 ; and
WHEREAS, in order to provide the Administration and City
Attorney's Office with additional time to continue negotiating a
Second Amendment to the Marina Lease Agreement, a second extension
would be necessary, such extension commencing on December 7, 1993
and continuing for a period not to exceed eight (8) days, and
ending on December 15, 1993 ; and
WHEREAS, during the aforestated additional eight (8) day
extension period, all terms and conditions of the Marina Lease and
First Amendment will remain in full force and effect, provided that
all parties thereto will be excused and released from any default,
either implied or expressed, under both agreements, as the result
of any delays in all matters related to the construction of the Dry
Stack facility during the aforestated negotiating period.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
2
f i t f
City Commission herein authorize the City Manager and the _City
Attorney to continue with negotiations for a Second Amendment to
Marina Lease Agreement, and further authorize a second extension to
the First Amendment to Marina Lease Agreement for a period not to
exceed eight (8) days, said period commencing on December 7, 1993,
and ending on December 15, 1993.
PASSED and ADOPTED this 1st day of December
1993 .
MAYOR
?7ST:
' AI.A, NA
CITY CLERK
c:\wp51\1d\mar2amdex.res
FORM APPROVED
LEGAL DEPT.
By • '-
Date ' ' 2-“3
3
•
•
OFFICE OF THE CITY ATTORNEY
•
674 ifyi Am. wear%
F L O R I D A
0*kINCOGP rzD
LAURENCE FEINGOLD \ P.O.BOX O
�7 '� MIAMI BEACH,FLORIDA 33119-2032
CITY ATTORNEY
H26
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMO NO. 1.C3� -q
DECEMBER 1, 1993
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
ROGER M. CARLTON, CITY MANAGER
/
FROM: LAURENCE FEINGOL
•
CITY ATTORNEY
RE: MIAMI BEACH MARINA DRY-STACK ELECTION DATE
As the Commission is aware, on October 20, 1993 the City
Commission and the Redevelopment Agency extended from October 23,
1993, for a period of, 45 days, the "Election Date" under which the
Marina Lessee had to decide whether or not to commit to the
construction of the Dry Stack Facility. The attached resolution
extends up through and including the date of December 15, 1993 for
this Election to occur due to our on-going negotiations with the
Marina Lessee regarding the construction of the Dry Stack and the
provision of parking spaces required to be furnished under the
Lease.
It is recommended that the extension up through and including
December 15, 1993 be approved.
LF:jm
Attachment
c:\wp51\jd\mbmelec.mem
228
AGENDA
ITEM
DATE - I '13
700 CONVENTION CENTER DRIVE - FOURTH FLOOR- MIAMI BEACH. FLORIDA 33139
I
4 OFF: I650913694
;This Instrument Prepared By:
Diane C. Rogowski
Bureau of Land Management Services 5'4 R 6 24- £7 4 SEr 13 14:30
3900 Commonwealth Boulevard
Mail Station No. 130
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
MODIFIED SOVEREIGNTY SUBMERGED LAND LEASE
•
NO. 130765469
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 THE CITY OF MIAMI BEACH AND THE CITY OF MIAMI BEACH REDEVELOPMENT
AGENCY , hereinafter referred to as the Lessee, the sovereign lands described as
follows:
A parcel of sovereign submerged land in Section(s) 03 , Township
54 South , Range 42 East , in Biscayne Bay
Dade County, containing 1,648,911 square feet, more or less,
as is more particularly described and shown on Attachment A, dated
February 11, 1994.
TO HAVE THE USE OF the hereinabove described premises for a period of 25
years from January 21, 1986, the effective date of this lease. The terms and
conditions of and for which this lease is granted are as follows:
1. The Lessee is hereby authorized to operate exclusively a commercial
marina facility, with fueling facilities with sewage pumpout facilities, and with
liveaboards, as shown and conditioned on Attachment A, and the Department of
Environmental Protection Permit No. 132315546, dated November 18, 1993; modified
February 4, 1994, Attachment B. .
2. The Lessor hereby agrees to waive all lease fees in arrears through
October 16, 1989, in exchange for the Lessee providing to the Lessor a special
warranty deed to a 102.2 acre parcel of submerged land owned by the Lessee,
referred to as Pelican Island. The Lessor hereby agrees, throughout the term of
this lease, to waive the percentage of wet 'slip rental fee provisions of Section
18-21.011, F.A.C. , and to allow the Lessee to pay the base rate per square foot
of the lease area as established by Chapter 18-21, F.A.C. The Lessee hereby
agrees to pay an initial lease fee of $118,673.70 the base rate per square foot
of the leased area assessed from October 17, 1989 to January 21, 1991, the
anniversary date of this lease. The Lessee agrees to pay an annual fee for the
remaining years of this lease at the base rate per square foot for the leased
area as established by Chapter 18-21, F.A.C. The Lessee will be notified in
writing, in advance, of the amount and due date of the annual payment. The lease
fees shall be remitted annually to the Division of State Lands as the agent for
the Lessor, on the due date each year until the term of this lease terminates or
expires.
3. The Lessee shall pay a late charge equal to interest at the rate of
twelve percent (12%) per annum from the due date until paid on any lease fees °or
other charges due hereunder which are not paid within 30 days of their due dates..
4. The Lessee agrees and shall provide upon request by the Lessor any and
all information required from the previous year, certified true and correct,
needed to calculate the lease fee specified in paragraph two (2) above.
Return recorded document to: Carter N. McDowell, Esq.
Eckert Seamans Cherin & Mellott
LM-5 02/15/94 [01] 701 Brickell Ave., 18th Flr.
Miami, FL 33131
,
1
•
• ; A SEE I6509P13695
5. 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.
6. 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 payment verification purposes by the Lessor.
7. This lease is given to the Lessee to use or occupy the leased premises
for those purposes specified herein. The Lessee shall, within ten days prior to
any change in the approved use of the sovereignty lands or the associated upland
activity, notify the Lessor in writing of the proposed changes whereupon the
Lessor shall be authorized to adjust and prorate fees pursuant to Chapter 18-21,
if applicable.
8. 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.
9. This lease shall not be assigned or otherwise transferred without prior
written consent of the Lessor or its duly authorized agent. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void
and without legal effect. The Lessor acknowledges that the leased area is part
of the area addressed in an agreement between the Lessee and Tallahassee Building
Corporation. The Lessee acknowledges that the Lessor is not a party or bound by
the terms of the agreement between Lessee and Tallahassee Building Corporation.
10. During the term of this lease, the Lessee shall maintain a leasehold or
fee simple title interest in at least that portion of the upland property
adjacent to the fuel dock, and a perpetual easement and riparian rights to the
remaining adjacent upland property, and if such interest is terminated, the lease
may be terminated at the option of the Lessor. Prior to sale and/or termination
of the Lessee's leasehold or fee simple title interest in such upland property,
Lessee shall inform any potential buyer or transferee of the Lessee's upland
property interest of 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.
11. The Lessee shall investigate all claims of every nature at its expense,
and shall indemnify, defend and save and hold harmless the Lessor and the State
of Florida from all claims, actions, lawsuits, and demands arising out of this
lease.
12. Lessee waives venue as to any litigation arising from matters relating
to this lease and any such litigation between Lessor and Lessee shall be
initiated and maintained only in Leon County, Florida.
13. 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 made 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, this lease may be terminated by the Lessor upon thirty (30)
days written notice to Lessee. If cancelled, all of the above-described parcel
of land shall revert to the Lessor. All costs and attorneys' fees incurred by
the Lessor to enforce this provision shall be paid by the Lessee. All notices
required to be given to Lessee by this lease or applicable law or administrative
rules shall be sufficient if sent by U.S. Mail to the following addresses:
City of Miami Beach The City of Miami Beach
1700 Convention Center Drive Redevelopment Agency
Miami, Florida 33139 1700 Convention Center Drive
Miami, Florida 33139
The Lessee shall notify the Lessor by certified mail of any change to this
address at least ten (10) days before the change is effective.
14. 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.
15. 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
Page 2 of 30 Pages
Sovereignty Submerged Lands Lease No. 130765469
0". f 6509PG.3696
•
REC.
lease is modified accordingly, nor shall Lessee knowingly permit or suffer any
nuisances or illegal operations of any kind on the leased premises.
16. 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.
17. The Lessee shall not knowingly permit any vessel required to be
registered or titled under Florida law to moor or dock within or otherwise use
the leased area unless such vessel is registered or titled in accordance with
Chapter 327 and 328, Florida Statutes.
18. 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 use as an adjunct of the leased area.
During the lease term, the Lessee shall post and maintain the placard furnished
to the Lessee by the Lessor, in the form eatforth in Attachment C , in a
prominent and visible location on the leased premises or adjacent business office
to post the placard in a manner which will provide protection from the elements,
and, in the event that said placard becomes illegible at any time during the term
of this lease (including any extensions thereof) , to notify the Lessor in
writing, so that a replacement may be provided.
19. 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.
20. Upon expiration or cancellation of this lease all permission granted
hereunder shall cease and terminate.
•
21. Renewal of this lease shall beat the sole option of the Lessor. Such
renewal will 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 Lessee is in full compliance with -the terms of this lease, the
Lessee shall be allowed a 30-day grace period after expiration of this lease to
apply in writing for a renewal. Such application for renewal must be received by
Lessor no sooner than 120 days and no later than 30 days prior to the expiration
date of the original or current term hereof. The term of any renewal granted by
the Lessor shall commence on the last day of the previous lease term. If the
• . Lessee fails to timely apply for a renewal, or 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.
22. 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 item 14 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 Lessor under applicable laws, rules and -
regulations including the right to compel removal of all structures and the right
to impose administrative fines.
23. 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 interest of the
Lessee in its uplands enforceable in summary proceedings as provided by law.
24.- The Lessee, at its own expense, shall record this lease and any .
subsequent approved renewal and/or modified leases in the official records of the
county within which the leased site is located within ten (10) days after receipt
of a fully executed copy of this lease, and shall provide the Lessor with a copy
of the recorded lease indicating the book and page at which the lease is
recorded.
25: 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 Lessor.
Page 3 of 30 Pages
Sovereignty Submerged Lands Lease No. 130765469
6
• al: 16509PC3697
DEC.
C
26. 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, the Lessee may install boatlifts within the leased premises
without formal modification of the lease provided that (a) Lessee provides to
Lessor an acceptable engineering drawing of the proposed lift; (b) the location
or size of the lift does not increase the mooring capacity of the facility; and
(c) written approval of Lessor is obtained prior to the installation or
construction of the lift. A copy of such authorization shall be attached to the
lease.
27. Lessee shall place and maintain covered, secured trash receptacles,
preferably of 50 gallon capacity, of a sufficient number and at appropriate
locations on the overwater structures within the leased area to encourage
facility users to discard litter in an acceptable manner and prevent litter from
being discarded into the waters of the State. Immediately adjacent to the trash
receptacles, Lessee shall post signs the size of which shall be at least as large
as 18" x 24" with white lettering on green background to carry an appropriate
message such as DON'T BE A LITTER BUG; PLEASE PLACE TRASH IN RECEPTACLE; or TRASH
RECEPTACLE.
28. No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the
leased area. No restaurant or dining activities are to occur within the leased
area. The Lessee shall ensure that no permanent, temporary or floating
structures whose use is not water-dependent shall be erected or conducted over
sovereignty submerged lands without prior written consent from the Lessor. In
addition, the Lessee shall not undertake any repair or renovation activities
within the leased premises without first obtaining the written, consent of 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 Rule
18-14, Florida Administrative Code.
29. SPECIAL LEASE CONDITIONS:
(a) The terms and conditions herein shall be reviewed every five years
from the effective date of this lease as deemed necessary by the Department to
ensure that all reporting requirements are appropriately incorporated.
(b) Provided that if at the end of the term of this lease or any
renewal thereof, Lessee is in compliance with the terms and conditions of this
lease, including payment of all lease fees which have not been duly waived, then
this lease is renewable at the option of the Board for an additional five-year
term in accordance with rules and policies then in effect. (as modified)
(c) The Lessee shall ensure that retail sales, except oil and gas,
such as the sale of food, beverages, bait, tackle, sporting goods, and other
marina/boat supplies, shall be prohibited on all structures within the lease area
including the harbormasters quarters, without the prior written consent of
Lessor.
(d) The Lessee agrees to remove, at its expense, the pilings located
around the parcel of submerged land previously deeded to the Lessor should those
pilings ever deteriorate to the point of becoming a hazard to public safety or
navigation as determined by the Division of State Lands within five years from
June 26, 1990.
•
Page 4 of 30 Pages
Sovereignty Submerged Lands Lease No. 130765469
• ♦ I
•
i `
°`Lf fi09PG3698
44y�. g. Pp,ay
WITNESSES: - BOARD OF TRUSTEES OF THE hNTE �,r7s-m* e, ',..
�� IMPROVEMENT TRUST FUND O) T,H°F$bgTA'TE.OF'.•` 1.'
j,/>VP4*. - rye to _tt_,_. FLORIDA : :` IL .®', ':" •
Original Signature „,•: (SEAL) `.
Typed/Printed Name o�itness BY he, •- 7..• tea 0' .. : r .�'`
hn R. Peterson, Plarin a4ager ,y .. • "
l Oie. ureau of Land Managemer}t*Ileum ides, , 0
Division of State Lands,',Age�nt fo .' he'
Original Signatu Board of Trustees of, the •InternahW.a*"
Improvement Trust Fund • 2i "�1E•r"t° ''`
.7)1 A'lu6- POG—O&< SE / "LESSOR"'
Typed/Printed Name of Witness •
STATE OF FLORIDA '
COUNT OF LEON
•
T going inst nt was acknowledged before me this 2�' day of
, 19 hr ,, by John R. Peterson, '•lannina Manager who s pe sot.ally
kno to me and /.
•
RO AS TO FORM AND GALITY: • ►��
NotarA ublic (SEAL)
S -. ,Mbf Florida t L ge
�DEP AtVorney\ w a / / c, �D
Ty d/Printed a e of Notary Public
411E1t* SYLVIA Y.SCOTT
_., ft 11 MY COMMISSION N CC295550 EXPIRES My Commission Expires:
.,-�:o July 25,1997 j 2. ) /99�
%'of 1;d:'- BONDED THRU TROY FAIN INSURANCE,INC.
�nN
Commission No. e 2/...c ,5 U
•
Air
li
4fr
WITNESSES: TH tt •F MIAMI BEAC / /SEAL)
Le=4.-
� ,L ,.� BY
O ginal Signature/ origin- '.ignature of Executing Authority
-Qvl the M,l\ ( YlS k— o_ ,or
Typed Printed Tame of Witness Typed/:• inted Name of Executing Authority
/�, ►� "LESSEE"
Original Sig ture
Typed/Printed Ntsneof Witness
STATE OF F Lo6�p-1N}
COUNTY OF 1�A C.
The foregoing inst,cgment was acknowledged before me this 34 day.of
d`\Ne_C}1. , 19 'Ili by MRIbc JfG�*1V)LSz /aEL. MR. , so is/fare .,',
personally known to me. •
I .129iil,4f;1.,1
My Co ssio Expires• OVA— \>C3.
NARY FUBnlR:51A1E OF FLORIDA Nota y Public •';`.4.e, C'''r§t�3;,o' '1':. •
MY COMMISSION EXP MAY 21,1994
BONDCD TIIRU GENERAL INS.UND. k)(��1.i , 'j(yu(8 ;q'AY
m LC�,r
tl'6ti 1
Commission No. Typed/Printed Name of Not ry fIAl : ' o" +1 n.ems
State of FLORINPr at Lame. 0-4.,as-
f- n00 t�a0jOO��*6: •y°a.
,1.2lri�tet21"to,' '
Page 5 of 30 Pages
Sovereignty Submerged Lands Lease No. 130765469
•
•
•
PE
�°,C.F• 1650913699
THE, f Y OF MIAMI B14
H
WITNESSES: RED 4i LOPMENT AGENCY / SEAL
Le �/ _ _
BY� /_ � .l / ILL
O 'ginal Signature •. igi' al S nat-mwe of Executing Authority
GZXI l w(_ Nl( I I v Nl Chairman
Type Printed Name of Witness Typ-d/Printed Name of Executing Authority
"LESSEE"
Original Sign ture
OHS )$ M
Typed/Printe Name of Witness
STATE OF F LOQA 1�A
COUNTY OF b
The foregoing ins ment was acknowle ged before me is - day. of
Av- , 19 , by Scy MOU (50-8 , who is/ar-e
personally known to me.
�,�
. aata 'isra
My Commission Expires: y, o
Nota y Public .,q/4)1,,s �SE. SEA ) ''NOTARY PUBLIC STATE OF FLORIDA "� ...
MY COMMISSION EXP MAY 21.19.g4 • ;p Sa . , ; '
UUNDED*MU GENERAL INS.UND. r -A •
.�
Commission No. Typed/Printed Name of Notary. , Rpli=c
�LO I IA ,
State of' 9 CW: ,
1•Vit
11/11):6rF1{ 00'
•
•
Page 6 of 30 Pages
Sovereignty Submerged Lands Lease No. 130765469
•
I .
(
r-1 tt i H -
z 0 BOUNDARY SURVEY
MIAMI BEACH MARINA GRAPHIC SCALE
W W 1-3 -
0 a INTERNATIONAL YACHT HARBOR ,;.MR)a
ca. r=i
•
ALTON ROAD(IOWR/MI)
.I. ——— — -,� NON.Yp. NA►AAa O
r l\ _
.-- .
- J • I. : g: 0. '' •1- a ' • • III , b ' �$ : o 1111111..
Illm ; = '• . -
Li
a I(l� El f 1 ..
? • IJ 1. �' 1' 'O 2 �{ ~Ri� .e E a , wren enu ww. - g f,
•
r# �"If••••+Atu �I . 111: :wu.. ia.mt roa 1[Nt MCA 7 •
—71 Y a
`tee—���_res��A� "T':�=.'�, �` -: :<N�!* i.-.-.-- .. _ 7f�. /�► r^Gs
,. • :1 g. _ - - •` .r�1_::: '•=•iQ., � ,..av nt.m -�'—.: t : . . ..
c�-)�1 l
•. . . • • • • likr .Pro•••_ •b_.: •emote l'Er .••Mjfi..--.-. • ./
. . li • .. . ........m. . • • • i__17. "rANT'.".
9 • • Y. ne w r •• v • . �.. C� . .
u tow,t.rA Ir,[ ci w.•
. •
• _� . . : : g: . . . . . �.: . _.._. . g: . g: g g _ : g
CD
• •• MARINA LEASE AREA X0.4
.MOW( I.1. 1 ...,.,Df
.n•• . ( .memirr. . ..
Ef•/-— w:-->"" -.7.7. m —2C+/-
•
I BISCAYNE BAY !g •
.••_..10 2M:•.,..•.-1 ._A•.•_..R::a.I• _
1•211,■••••n Y-WWII al ill:I.aMI.,.Q••:Y.C.• • •slsln'fe.
'/fCt.,fDttlT Ml V meow M M MM pt/V.. . um soft...or4,,w1�o~I.•to IN boa 0 1.wc1.p•N II
WWI wool. M. *Too.iol 1A..Aw•t wM INA
N.11••M1 UM S. r aim.Maio Stow..1 tom•• /
•,•tH LAC w
oElIo1A<TM1E3 • ' ��
t.+C.Av..•Nu pli� DM
I. LOCATI 1MI Or IINNOKNENTD OTNOI TIM TI107[Slow PAL NOT KIWI THE o TA rA
yCDoC or Q s.IYEx LEGEND !tM=4•t l.•w IAA Sty f.I w
2. LOCATION DI ALL MItO1QdTS ANC TAKEN 1AO1 TMC WRYLY aT TL•I.Rill IMTTAImI, c CNN •Dec.DATED YAK 2.1Il AP-AAP 91OW11w[
1 LCCJITM}I Or 000c;XANALL7,IICAM NO,NAM LPL PR/•OIL ETC./[RTICNT TO - IQTMw10 1NL R��
ALKTIIIXT MESIMANNI RINITTNIC NCACOAt•(D Dr Num,.O.otA11Y a ASSOC-►.A.Ott CHRISKF.TI MARINE MANAGEMENT. INC.
NNt
DEDEINBEN SI IN1. I COIDrzS rOIM Mal MA +1n.m 4lsT•�no•_VAS 86•410.2 •wrtT�nTIo1.AaA
a ALL r•CSCLEYATIONSBASE TON ON N.ara. r ll• INTERNATIONAL YACHT HARBOR
S. f=ARIIIOS BASED ON I[Sr ROR-ff-WAY ILK ALTO/110.0 1177Yt'ls'R DEMOTES fOVMD ROM NA s IA EALco H,t�I•I
I IOL REAL cow. I MIAMI BEACH MARINA -
YeAIR,L A ma D A%c1A r.• ...
alai TR rIDa Y s0
..1150
ro-01
y/wpy@ ma.t•or nl vs ass.Ir.IL S AL t •
- (MTD A..) .�—,R ITT �IMf I, l.r -•
, •;02-i5-1994 01:01PM FROM McANLY,ASHER & ASSOCIATES TO 19044883379 I
tik,
PEC: I 6509PG370 I
ASSO�ATESHPA
ats
LEGAL DESCRIPTION
MIAMI BEACH MARINA LEASE AREA
A portion of land lying West of and adjacent to Block 111 of
OCEAN BEACH, FLA. ADDITION NO . 3 according to the Plat
thereof as recorded in Plat Book .2 , at Page 31 of . the Public
Records of Dade County, Florida , more particularly described
• as follows: Commence at the Northwest corner of Section 3 ,
Township 54 South, Range 42 East; thence run Easterly along
the North line of said Section 3 for 1, 350. 00 feet, more or
less , to a point on the East line of Block 90 of the
aforementioned Plat; thence run S00°30 ' 00"E along the East
line of Blocks 90 , 89 , 88 , 87 , 86 , 85 , 84 , 83 , 82 , 81 , 80,
79 , and a portion of Block 111 and along their Southerly
extensions for 5, 207 . 00 feet to the Southeast corner of Lot
1 , Block 111 of said Subdivision; thence run S89005tO011W
. along the South line of said Lot 1 , Block 111 for 260 . 00
feet to a point on the East waterline of Biscayne Bay, said
point also being the POINT OF BEGINNING of the Tract of land
hereinafter described; thence run N32 °12 ' 16"W, along a line
300 . 00 feet West of and parallel to the Westerly Right-of-
Way Line of Alton Road for 2 , 159 . 28 feet to a point; thence
run N28 °29 ' 08 "W for 323 . 93 ' feet to an intersection with a
line= that is 35 . 00 feet Northerly of and parallel to the
North line of a Lot designated `49 B as shown on the AMENDED
PLAT of LOTS 43 to 50 , BLOCK 111 , OCEAN BEACH, FLA. , ADDI-
TION NO . 3 as recorded in Plat Book 14 , Page 70 , of the
Public Records of Dade County , Florida ; thence run
N88 ° 07 ' 28 "W for .35 . 69 feet ; thence run S57 °47 ' 44 "W for
254 . 60 ' feet; thence run N32 °12 ' 16"W for 20 . 00 feet; thence
run S57 ° 47 ' 44 "W for, 300 . 00 feet to a point ; thence run
S32 ° 12 ' 16 "E for 1 , 154 . 00 feet to a point ; thence run
S57 ° 47 ' 44 "W for 150 . 00 feet to a point ; thence ' run
S32 °'12 ' 16 "E for 500 . 00 feet to a point ; thence run
N57 ° 12 ' 16 " E for 150 . 00 feet to a point ; thence run
S32 ° 12 ' 16 " E for 912 . 00 feet to a point ; thence run
S67 °48 ' 22 " E for 347 . 79 feet to a point ; thence run
N57 °47 ' 44 "E for 360 . 62 feet; more or less, to other lands of
the City of Miami -Beach; thence run N32 ° 11 ' 37"W for 326 . 25
feet , more or less , by other lands of the City of Miami
Beach, to the Point of Beginning ; containing 1 , 648 , 911
square feet (37. 88 acres) , more or less. •
Pr red by.:
4Q g. iVz12.9.6-,.-
Carol E. Nelson, P.L.S.
Florida Reg. No. 5013
Date: July 5, 1992
Rev. : Dec. 17, 1992
,.,..I,,,,,,,,,,♦11. .,
t r
NO. 501 F
,•x: a7 ti1'E OF =
• •A`
•
5101 Tam iami Trail East,Suite 202 Naples Florida 33962 •
(813)775-0723 Fax(813)775-9236
Attachment A
PAGE 8 OF 30 PAGES TQ•
SSLL NO. 130765469
r.osntt•--war lax Uransmillal memo 7671 1*of paps• .�
'OFF. 16 09?c3702 r��z�di �Te • r Frone +� �[
co. JAGOPN1v hv -Acit e rc
•
4v, Environr Dept. ena
P•
in-0 gr/ -
401,wt.'" 1801 S.E. Ira 1.1l..w�•. , ..
Port St. Lucie, Florida 34952 Virginia li.��-
�Iherrll
1,invi nt(:{tilci
Guvernt"• (407)x71;-7662 Sautuutry
(407)335.431U
FEB 0 4 1994
City of Miami Beach WRM - Dade county
1700 Convention Center Drive • • .
Miami Beach, FL 33139
Re: Permit No. 132315546
Gentlemen:
MODIFICATION
This office has completed the review of your request to modify the
referenced Permit No. 132315546. The project description is hereby
modified to read as follows:
Construct a 7,414 square foot floating dock facility within an
existing marina. The access pier will measure 820 ft. long by 8 ft.
wide; two sections of the pier 30. ft. long by 8 ft. wide; (2) 36 ft,
long by 4 ft. wide gangways; a 40 ft. by 4 .7 ft. finger pier and a 30
• •ft. by 4.7 ft. finger pier. In addition, three existing 30 foot long
finger piers will be removed. •
•
The proposed modification is not expected to result in any additional
or significant water quality/biological resource degradation. By copy
of this letter and the attached drawings, we are notifying all
necessary parties of the modifications. •
This letter of approval does not alter the expiration date, Specific
or General Conditions, or monitoring requirements of the permit. This
letter and accompanying drawings must be attached to the original
permit.
A person whose substantial interests are affected by this order may
petition for an administrative proceeding (hearing) in accordance with
Section 120 . 57, Florida Statutes (F.S. ) . The petition must contain
the information set forth below and must be filed (received) in the
Office of General Counsel of the Department at 2600 Blair Stone Road,
Tallahassee Florida 32399-2400, within 14 days of receipt of this
order. Petitioner shall mail a copy of the petition to the applicant
at the address indicated above at the tine of filing. Failure to file
a petition within this time period shall constitute a waiver of any
' right such person may have to request an 'administrative proceeding
(hearing) under Section 120.57 F.S.
•
t h•intul..n rer-rnt.,I pnytr•
•
•
•
l
' t
•
•
Attachment B
Page 9 of 30 Pages •
SSLL No. 130765469
•
r r
• "F. 16509[13703
Modification
File No. 132315546
Page Two •
The petition shall contain the following information:
(a) The name, address, and telephone number of each petitioner, the
applicant's name and address, the Department Permit File Number and the
county in which the project is proposed;
(b) A statement of how and when each petitioner received notice of the
Department's action or proposed action;
(c) A statement of how each petitioner's substantial interests are
affected by the Department's action or proposed action;
(d) A statement of the material facts disputed by petitioner, if any;
(e) A statement of facts which petitioner contends warrant reversal or
modification of the Department's action or proposed action;
(f) A statement of which rules or statutes petitioner contends require
- reversal or modification of the Department's action or proposed action;
and;
(g) A statement of the relief sought by petitioner, stating precisely
the action petitioner wants the Department to take with respect to the
Department's action or proposed action.
If a petition is filed, the administrative hearing process is designed
to formulate agency action. Accordingly; the Department's final action
may be different from the position taken by it in this permit. Persons
whose substantial interests will be affected by any decision of the
Department with regard to the application have the right to petition to
become a party to the proceeding. The petition must conform to the
requirements specified above and be filed (received) within 14 days of
receipt of this notice in the Office of General Counsel at the above
• address of the Department. Failure to petition within the allowed time
frame constitutes a waiver of any right such person has to request a
hearing under Section 120.57, F.S. and to participate as a party to
this approval of the presiding officer upon notion filed pursuant to
Rule 28-5.207 Florida Administrative Code (F.A.C. ) .
•
•
Attachment B
Page 10 of 30 Pages
SSLL No. 130765469
16509P63704
•
•
O;F.
' 4 REC.
Modification
File No. 132315546
Page Three
This Order is final and effective on the date filed with the Clerk of
the Department unless a petition is filed in accordance with the above
paran-rAnha nr unless a request for extension of time in which to file
a petatlon au i.L.L u W1Lllili trio timo apc.citiuc3 v� llli..y .� j+vLibical ..:a
conforms .to Rule 17-103. 070, F.A.C. Upon timely filing of a petition
or a request for an extension of time, this order will not be
effective until further order of the Department.
When the Order is final, any party to the Order has the right to seek
judicial review of the Order pursuant to Section 120. 68, F.S. , by the
filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of
Appellate procedure, with the Clerk of the Department in the Office of
General Counsel, 2600 Blair. Stone Road, Tallahassee, Florida
32399-2400; and by filing a copy of the Notice of Appeal accompanied
by the applicable filing fees with the appropriate District Court of
Arraeial - The Notice of AD1 .a). mast be filed within 30 days from the
date the. Final Order is filed with the Clerk of the Department.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Mary S: Williams
Dircd4- r of Diatx•ict Management
Pval O.C.ic:c Dvx
Went Palm Beach, Florida 33416
Telephone (407) 433-2650
MESW: jkw
cc: U.S. Army Corps of Engineers, Tampa
Department of Env. Protection, State Lands, WPB
Phoenix Environmental Group
Dade County Environm .nta3 Resource Management
Miami Beach Housing Authority
Attachment B •
Page 11 of 30 Pages
SSLL No. 130765469
. .. , .
. . .. . . . t.
, . . . . . . PI 65091'63705 •
, , • „,
• .
BISCAYNE
hiAy _
MIAMI ESEACH
PROJECT'
• LOCATION • .
V I°. % ,r.. ATLANTIC
\\\
( ..1.//v --• \ \\\ -5- • ,' '1, OCEAN
1r
'....77 .,:::. :14..........\4' .:: ''
'''?•\ ........S:.......... ‘
....cm ...._, __.......// ) ... ...
...••........
Is%.... •
.....
_L ......
.. ---=.--ll--.. ..,............s....,.............. ,,
... -.
.. ..
... -.
• ... ...;:z....%....
......
FISHER ...
. .
... ....
ISLAND ... ......
. ...
. ... . .
...
.
, ) .
4",.::: -.......,:.-Z\
-...1.--- .----;:........ ,
,•'=.7:1323/,55- \'''N, -
((c,v
..k.,/,,,•%._p0A4-1— VICINITY MAP.. 1..././ .
. ..:.1
... .
(REF NOAA NAUTICAL CHART 1146_8),: ;3- - -- ___../..,....,
. • \• .....!,. 1 6, ..y.. .. .
APPLICANT: CITY OF MIAMI BEACH PURPOSE:CONSTRUCT FLOATING DOCKS
WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK El MAINTENANCE E
COUNTY: DADE COUNTY SHEET NO. 1 OF 4
DATUM: MSL/NCVD DATE: 1/12/94
Attachment B
Page 12 of 30 Pages
SSLL No. 130765469
-.,.....
l
• • - . • F. 16509[13706
;P,EC.
Y '
I • .
. i. i ' I .
D. r I 11 . IL ii L ft II ' 11 . .11. • •
i _........,..
;--. ! . k 1. I.i , i] ; �If • If . i
i .c, ....._ il
jm
u
' .0-.O _._.. O�
•
}S
) td g ; b i " \ • ..,-..... -......... .
' .• i'.g i—1!81 t ! P2 • . • . /c:•:.,•••' •,_ .,../ \
I�m {{ „II
�� • I . _. 1
I y.r•r�i 0 R
0011. 1 I E 2�Y la
� 1 kg
J � t • FD
U _
W I •
VgiY.
APPLICANT: CITY OF MIAM1 BEACH PURPOSE:CONSTRUCT FLOATING DOCKS
WATER BODY: ' B1SCAYNE BAY MELOY CHANNEL ORIGINAL WORK n MAINTENANCE
COUNTY: DADE COUNTY SHEET NO. 2 OF 4
DATUM; . MSL/NGVJ •
DATE: 1/12/94
•
•
1..
Attachment B.
Page 13 -of. 30 Pages .
SSLL No. 130765469
' aFF1609113707 .
u.
g ,
•
•
W\/
k R '•
00 -to—
o� ►- ,��, �,I�•
z •�**
w �..r
o.- �FE � COW
Do :\� cc rx E .ice•
04 seir •
o�0 :121 e�`i Q
,�. ...isag>• it
......
\-
1 • '
-C%4 ..."
• e/f ,
:.....4. ...,.., ,
, .. /. ,..1' --v.-a,„
- v• cn u-i
_ exii\ l,i() ., -.I
''''..*.-1:-El•••0--- - aa. 7/:-:,-;
:.,.. .
u _ ..
, 1,
..v...,::;-;
....7 ...I OR'•%.,
11 % , `• './
•
APPLICANT: CITY OF MIAMI BEACH PURPOSE:CONSTRUCT FLOATING DOCKS
WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK ' MAINTENANCE E
COUNTY: DADE COUNTY SHEET 140. 3 OF 4
DATUM: MSL/NGVD DATE: 1/12/94
•
•
Attachment B
Page .14 of 30 Pages • '
SSLL No. 130765469
F• 65091'2108 .
1 ,i,
1 Z
0
• .\S ,,O
�p W ,/\
4. �d0 3V7 /
- .1.• i ,; 1
IiP/ ' Ilry
i\ •
= / / ..:•
= •1• AS
:x z C •
1 I• '.\\§ -,
Imo'
/ \1 / Q II
•
•
.
! r
- U
\. M C/)
.A
/
.....- :1,; ' • > •\> -IL • •
r . ::...i..,...
•
‹ ....„...........
---„,..0....„...
• •, ,•:,.... p. :,„„,. •,
L.,.4. • ...„ „... ....,._____,..„,,...„,
... ••,.., , /....„:„.. • 5..t,,,.7 .,
Li.., , ,, ,.,.. .7 r i f).5 15 N.,. <• k
,H........r.„
,7_,.3„,,.,. ,...
,, .
.• I .1,(.':7;.a...75:::. ...••••* 's
.\ ....
�. '''''• is .1r
•
APPLICANT: CITY OF MIAMI BEACH PURPOSE:CONSTRUCT FLOATING DOCKS
WATER BODY: BISCAYNE BAY ►JELOY CHANNEL ORIGINAL WORK [X, MAINTENANCE E
COUNTY:- DADE COUNTY SHEET NO. 4 OF 4
DATUM: MSL/NGVD DATE: 1/12/94
•
•
•
t \ .. ,
•
Attachment B
. Page 15 of 3,0 Pages
SSLL No. 130765469
i
• • ,. :. :; , F1Orida Department of
or
Environmental Protection
a - °r r. ! 6509113709
'4' 'ce • PEA• Southeast District
P.O. Box 15425 Virginia 13. Wetherell. Lawton Chiles
Covernnr \Vest Palm Beach, Florida 33416 Secretary
(307)433-2650
lt:iPLV'TO: Port St. Lucie Office
1801 S.E.llilltuoor Drive,Suite C-204
Port St.Lode, Florida 34952
PERMITTEE: I.D. Number: 5013M05918
Permit/Certificate: 132315546
City of Miami Beach Issuance Date: t t
c/o Phoenix Env. Group, Inc. Expiration Date: �E �
• 911 East Park Avenue County: Dade NOV t c3
Tallahassee, FL 32301 . Latitude/Longitude: 25°46' 00"/80°08' 00"
Section/Township/Range: 3/54S/42E
Project: Floating Dock/Marina
This permit is issued under the provisions of Chapter 403 and 373 ,
Florida Statutes, Public .Law 92-500 and Title 17, Florida Administrative
Code Rules. The above named permittee is hereby authorized to perform
the work or operate the facility shown on the application and approved
drawing(s) , plans, and other documents attached hereto or on file with
the Department and made a part hereof and specifically described as
follows:
•
TO:
Construct a 9, 720 square foot floating dock facility within an existing •
marina. The access pier will measure 800 feet long by 6 feet wide; the
fuel dock platform will measure 124 feet long by 12 feet wide; the fixed
concrete boatlift area will measure 100 feet long by 30 feet wide; three
20 feet by 4 feet gangways and two 30 feet by 3 feet finger piers will
also be constructed. In addition, three existing 30 foot long finger
piers will be removed.
IN ACCORDANCE WITH:
The six (6) stamped drawings which are attached and a part hereof and DEP
Application Form 17-312 . 900 (1) dated April 23 , 1993 , and signed by
Russell K. Danser (not attached) ..
LOCATED AT:
•
300 Alton Road, Biscayne Bay, Class III Waters, Section 3 , Township 54
South, Range 42 East, Miami Beach, Dade County.
SUBJECT TO: • •
GENERAL CONDITIONS one (1) through fifteen (15) and SPECIFIC CONDITIONS
one (1) through seven (7) .
DEP Form 17-312 . 900 (1) Effective October 30, 1991 Page 1 of 6 •
Primed on recycled paper. •
•
•
•
•
Attachment B
Page 16 of 30 Pages
• SSLL No. 130765469
•
.
GENERAL CONDITIOr7S:
n 16509PG3? 10
1. The terms, conditions, requirements, limitations and' restrictions set forth in
this permit, are "permit conditions" and are binding and enforceable pursuant to •
Sections 403.141, 403.727, or 403.859 through 403.861, F.S. The permittee is placed
on notice that the Department will review this permit periodically and may initiate
enforcement action for any violation of these conditions.
2. This permit is valid only for the specific processes and operations applied for
and indicated in the approved drawings or exhibits. Any unauthorized deviation from
the approved drawings, exhibits, specifications, or conditions of this permit may
constitute grounds for revocation and enforcement action by the Department.
3. As provided in subsections 403.087(6) and 403.722 (5) , F.S. , the issuance of this
permit does not convey any vested rights or any exclusive privileges. Neither does
it authorize any injury to public or private property or any invasion of personal
rights, nor any infringement of federal, state, or local laws or regulations. This
permit is not a waiver of or approval of any other Department permit that may be. •
required for other aspects of the total project which are not addressed in this
permit.
•
• 4. This permit conveys no title to land or water, does not constitute State '
recognition or acknowledgment of title, and does not constitute authority for the use
of submerged lands unless herein provided and the necessary title or leasehold
interests have been obtained from the State. Only the Trustees of the Internal
Improvement; Trust Fund may express State opinion as to title.
5. This permit does not relieve the permittee from liability for harm or injury to
human health or welfare, animal, or plant life, or property caused by the
construction or operation of this permitted source, or from penalties therefore; nor
does it allow the permittee to, cause pollution in contravention of Florida Statutes
. and Department rules, unlesa specifically authorized by an order from the Department.
6. The permittee shall properly operate and maintain the facility and systems of
treatment and control (and related appurtenances) that are installed and used by the
permittee to achieve compliance with the conditions of this permit, are required by
Department rules. This, provision includes the operation of backup or auxiliary
facilities or similar systems. when necessary to achieve compliance with the
conditions of the permit and when required by Department rules.
7. The permittee, by accepting this permit, specifically agrees to allow authorized
Department personnel, upon presentation of credentials or other documents as may be
required by law 'and at reasonable times, access to the premises where the permitted
' activity is located or conducted to:
(a) Have access to and copy any records that must be kept under conditions of
• the permit;
(b) Inspect the facility, equipment, practices, or operations regulated or
required under this permit; and
(c) Sample or monitor any substances or parameters at any location reasonable
necessary to assure compliance with this permit or Department rules.
Page 2 of 6
•
DEP Form 17-1.201(5)
Effective November 30, 1982
•
- — J
•
•
Attachment B •
Page 17 of 30 Pages
SSLL No. 130765469 •
.
°`F� ! 6509PG3T 1 I
PEC.
GENERAL CONDITIONS:
Reasonable time may depend on the nature of the concern being investigated.
8. If, for any reason, the permittee does not comply with or will be unable to
comply-with any condition or limitation specified in this permit, the permittee shall
immediately provide the Department with the following information:
(a) A description of and cause of noncompliance; and N-
(b) The period of noncompliance, including dates and times; or,
if not corrected, the,anticipated time the noncompliance is
expected to continue, and steps being taken to reduce, eliminate, and
prevent recurrence of the noncompliance. The permittee shall be responsible
for any and all damages which may result and may be subject to enforcement
action by the Department for penalties or for revocation of this permit.
9. In accepting this permit, the permittee understands and agrees that all records,
notes, . monitoring data and other information relating to the construction or
operation of this *permitted source which are submitted to the Department may be used
by the Department as evidence in any enforcement -case involving the permitted source
arising under the Florida Statutes or Department rules, except where such use is
prescribed by Section 403. 111 and 403.73, F.S. Such evidence shall only be used to
the extent it is consistent with the Florida Rules of Civil Procedure and appropriate
evidentiary rules.
10. The permittee agrees to comply with changes in Department rules and Florida
Statutes after a reasonable time for compliance; provided, however, the permittee
does not 'waive any other rights granted by Florida Statutes or Department rules. A
reasonable time for compliance with a new or amended surface water quality standard,
other than those standards addressed in Rule 17-302.500, shall include a reasonable
• time to obtain or be denied a mixing zone for the new or amended standard.
11. This permit is transferable only upon Department approval in accordance with
Rule 17-4. 120 and 17-730-300 F.A.C. , as applicable. The permittee shall be liable .
for any non-compliance of the permitted activity until the transfer is approved by
the Department.
12. This permit or a copy thereof shall be kept at the work site of the permitted
activity.
13. This• permit also constitutes Certification of Compliance with State Water
Quality Standards (Section 401, PL 92-500) .
•
Page 3 of 6
DEP Form 17-1:201(5)
Effective November 30, 1982
•
•
Attachment B •
Page 18 of 30 Pages
SSLL No. 130765469 •
. •
°"• 16509113712
REC..
GENERAL CONDITIONS:
14: The permittee shall comply with the following:
. a. . Upon request, the permittee shall furnish all records and plans required
under Department rules. During enforcement actions, the retention period
for all records will be extended automatically unless otherwise stipulated
by the Department.
b. The permittee shall hold at the facility or other location designated by
this permit records of all monitoring information (including all
calibration and maintenance records and all original strip chart re.copdings
for continuous monitoring instrumentation) required by the' permit, copies
of all reports required by this permit, and records of all data used to
complete the application for this permit. These materials shall be
retained at least three years from the date of the sample, measurement,
report, or application unless otherwise specified by Department rule.
c. Records of monitoring information shall include:
1. the date, exact place, and time of sampling or measurements;
2. the person responsible for performing the sampling or measurements;
3. the dates analyses were performed;
4. the person responsible for performing the analyses;
5. the analytical techniques or methods used; and
6. the results of such analyses.
15.. When requested by the Department, the permittee shall within a reasonable .time
furnish any information required by law which is needed to determine compliance with
the permit. If the permittee becomes aware the relevant facts were not submitted or
were incorrect in the permit application or in any report to the Department, such
facts or information shall be corrected promptly.
•
•
Page 4 of 6
DEP Form 17-1.201(5)
Effective November 30, 1982
•
•
•
•
•
•
•
Attachment' B
Page 19 of 30 Pages
SSLL No. 130765469
•
. f a
•
4.U. 1650913T 13
PERMITTEE: I.D. Number: 5013M05918
4 Permit,/Certificate: 132315546.
City of Miami Beach Issuance Date: mnv
c/o Phoenix Env. Group, Inc. ' Expiration Date: ' c
911 East Park Avenue County: Dade NOV
Tallahassee, FL 32301 Latitude/Longitude: 25°46'00"/80°08 '00"
Section/Township/Range: 3/54S/42E
Project: Floating Dock/Marina •
•
SPECIFIC CONDITIONS: •
1. At least forty-eight (48) hours prior to commencement of work .
authorized by this permit, the permittee shall provide written
notification to the Department of Environmental Protection, Bureau of
Wetland Resource Management, Southeast Florida District Office in
West Palm Beach, of this commencement. Written notification shall
also be provided within forty-eight (48) hours after completion of
construction.
• 2. An effective means of turbidity control, such as, but not limited to
turbidity curtains, shall be employed during all operations that may
create turbidity in excess of twenty-nine (29) NTU's above background
as provided in Chapter 17-302 of the Florida Administrative Code. N
Turbidity control shall remain in place until all turbidity has
"subsided.
3 . Reflective devices shall be installed on the dock terminus in such a
way that will alert night boat traffic of its presence.
4. All other necessary State, Federal, or local permits must be applied
for and received prior to the start of work.
5. If historical or archaeological artifacts, such as Indian canoes, are
discovered at any time within the project site the permittee shall •
immediately notify the district office and the Bureau of Historic
Preservation, Division of Archives, History and Records Management,
R. S. Gray Building, 500 S. Bronough, Tallahassee, Florida
32399-0250.
6. The permittee is hereby advised that Florida law states: "No person
shall commence any excavation, construction, .or other activity
involving the use of sovereign or other lands of the state, title to
which- is vested in the Board of Trustees of the Internal Improvement
Trust Fund under Chapter 253 , until such person has received from the
Board of Trustees of the Internal Improvement Trust Fund the required
lease, license, easement, or other. form of consent authorizing the
proposed use. " Pursuant to Florida Administrative Code Rule 160-14 ,
if such work is done without consent, or if a person otherwise
damages State land or products of State land, the Board of Trustees
may levy administrative fines of up to $10,000 per offense.
DEP Form 17-312. 900 (1) Effective October 30, 1991 Page 5 of 6
•
•
•
•
•
•
•Cy
•
ii
•
Attachment B . •
Page 20 of 30 Pages •
SSLL No. 130765469
•
•
"I. 16509PG3T 14
PERMITTEE: I.D. Number: 5013M05918
Permit/Certificate: 132315546
f•1,11 r r it.
City of Miami Beach Issuance •Date: huv i C ` ,y3
c/o Phoenix Env. Group, Inc. Expiration Date: w ,,, ;..,
• 911 East Park Avenue County: Dade ('
Tallahassee, FL 32301 Latitude/Longitude: 25°46b00"/80°08' 00"
Section/Township/Range: 3/54S/42E
Project: Floating Dock/Marina
•
SPECIFIC CONDITIONS:
7. The permittee shall be aware of and operate under the attached •
"General Permit Conditions Number 1 thru 15" . General Permit
Conditions are binding upon the permittee and enforceable pursuant to
Chapter 403 of the Florida Statutes.
•
Issued this / `� day of XCe-6=/, , 1993
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
•
Mary S.' W lliams J
Direct r of District Management
MESW: jkw .
•
7 pages attached
•
•
•
•
DEP Form 17-312 . 900 (1) Effective October 30, 1991 Page 6 of 6
•
•
•
•
Attachment B
•
Page 21. of .30 Pages •
SSLL No. 130765469
. HEC: 16509PG37I 5 -
,
RECEIVED
' I
MAY 1 9 1993
DEPT.OF ENVIRONMENTAL REG.
WEST PALM BEACH
BISCAYNE •
BAY
MIAMI BEACH
PROJECT
LOCATION
111‘.
o�9�, `� `� �y ATLANTIC
_ �`/ '� �`,� �`� y �'� OCEAN
"------„,,..,.....>
1
---------'..s..„..._.. .."--,.............,....,
. FISHER '�
ISLAND
..I3g31ss1/(0.
NCB11u. 1 . `
'
''.....1.:..-1,' ---
i Zs:-.1::....1::-/
VICINITY MAP, � �
(REF NOAA NAUTICAL CHART 11.468) kit 13'
APPLICANT: CITY OF MIAMI BEACH PURPOSE. CONSTRUCT DRY STORAGE
BUILDING & RELATED FACILITIES
WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK X MAINTENANCE
COUNTY: DADE COUNTY SHEET NO. 1 OF 6
DATUM: MSL/NGVD DATE: 4/1/93
•./ ._
Attachment B .
Page 22 of 30 Pages
SSLL No. 130765469
•
•
•
. • ' •
> I
y�. . o�F. 16509PG37I6
P.E.C.•
ff
o II
• g2t,sEGC C= VIF Sze ske BR ZO �,.
J
N I V1
6
' s
I' ja i rY
s d it_.._ ii
I I �__1 ,
If
• 5 -- I: _.114---r-:'1 1
1 11, li
1.
g I: i ' • % vk ) I
1
4,..S)1(I .S9 s Z
• - 'y3dJ6. a Q
•
.9i 1 e''C O Si ._ r ..
1N3K351.3 i;/ ... t § V)
• s 1: a .SY v
. • . A() g !-."—I''a".....A
.��•� I ri I I •
• E C i
. \•, ' i55
• ;A() '... � s g \_ RECEIVE[
0 _ w MAY 1 9 199
o � jj
C vA DEPT.-�� '1 �7q'�I n i� •
WEST
SNVIRO�ffdENTI,!
'\ Az i v' , ' II E T Pam,;BEACH
•
�_
• h 0 r"? . p •
Ii1I
o 0 ..e
,� r• . - • .* k
$, E, g. • ...: : A 1 (-'s
�� -:..
. ilq- ..... t.,/(." .,... :,,
•
• APPLICANT: CITY OF MIAMI BEACH PURPOSE: CONSTRUCT DRY STORAGE
BUILDING & RELATED FACILITIES
WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK X MAINTENANCE
• COUNTY: DADE COUNTY SHEET NO. 2 OF 6
DATUM:, MSL/NGVD DATE: 4/1 /93
•
•
•
Attachment B
Page 23 of 30 Pages
SSLL No. 130765469
16509PG3T I T
W.
• F?EC..
F- . a
Y U 0
DIll. Zo Z -/
w O0 w > \\
UO cow
wC- 1=N W ..\\\ --Q w M(n /
ULU m>W U :^ \\ ino V Ow
05 <-JQ 0 :\\ � 0 O¢.
U cD w> U \��. U m> \j
\/<,L
.70
I \ \ ...\\ \
IT
r C-- 1 •
E
co „ ,. L' Q
:.., \ ....
Q
vk:: . zo II
., . L_____ .j,
I -
:.... L RECEIVED
�%/
1 MAY 1 9 1993
DEPT.OF ENVIRONMENTAL R
\//\ WEST PALM BEACH
E //\/
• /\/Z
W U i
•
• . ., _ a: Ott
3
APPLICANT: CITY OF MIAMI BEACH PURPOSE. CONSTRUCT DRY STORAGE
BUILDING & RELATED FACILITIES
WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK >< MAINTENANCE
COUNTY: DADE COUNTY SHEET NO. 3 OF 6
DATUM: MSL/NGVD DATE: 4/1 /93
i
\ .
Attachment B
Page 24 of 30 Pages
SSLL No. 130765469
' P,EC. 1650913T 18
•
•
cn
> III' /:
W\/
cc 6
Z0 affi /
0 fit., _
• U U >_�\
wz 1- -J0 _il Ykik
I�
¢ w p F= Wilpir
w Q_ �
z en \.:. \ (*of
0.44)2
� LriAj,\�j•� 1=
� Lu
11 CD
cn
Ira,/�//
_ -ke*Ark\`/ RECEIVED
/
MAY 1 9 1993
• ��%/�., DEPT.OF ENVIRON? ENTAL RE
�, WEST PALM,BEACH
.�/� J
;d\ w
w
_J
C.9D_
W Q i3 /� yG•:::-
•
H
N w /
.. .. ........ - _ ...,_ : INP A tlisi*1
APPLICANT: CITY OF MIAMI BEACH PURPOSE.: CONSTRUCT DRY STORAGE
BUILDING & RELATED FACILITIES
WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK >< MAINTENANCE
COUNTY: DADE COUNTY SHEET NO. 4 OF 6
DATUM: MSL/NGVD DATE: 4/1 /93 '
•
•
•
Attachment B
Page 25 of 30 Pages
SSLL No. 130765469
F. 16509PG37
•
•
•
f-
w
w U U N
N w0 a. I �\
ES ~ W k.
w 0 `,i4 •
D o l ..
lli pi-IC "
-
--
.
I1 11- 11W 1
• *OW 1Zo IN\II
drier T�ol� 1v 111�
k ! :�: UUI '
oIp 1V1 17+
I= -
-co
C.) ,,,
v)
W
DI• *1i�!•
M . 47, , We"..„*.off
, = e•••
/4I ;� w o o RECEIVED
xz �� Or: �ww�
Q . ••/ > w MAY 1 9 1993
is.=i a,,, a. a
*VA DEPT.OF ENVIRONMENTAL REG.
WEST PALM BEACH
jf . . .
•..
, ..
.,*,
wr . ,
•
1�3 9_31,5--5Y •
Iscf0e_ .
Z� ,� giihrtsf.C?):54:1.
,. ___.... fir' '--.• �•�t
APPLICANT: CITY OF MIAMI BEACH PURPOSE: CONSTRUCT DRY STORAGE
WATER BODY: BISCAYNE BAY MELOY CHANNEL BUILDING & RELATED FACILITIES
COUNTY: DADE COUNTY ORIGINAL WORK >< MAINTENANCE
DATUM: MSL/NGVD SHEET NO. 5 OF 6
DATE: 4\1\93 •
i
I
Attachment B •
Page 26 of 30 Pages
SSLL No. 130765469 .
"_, . °E�: I6509PG3720
7 t , J
CO I--— U Q =
ZIY U ( �
MOw 0 w o0
J Q_ Q o_ Z J Z •
UO N U 0I- 0 __IOO L..1 i
d II
.
•
N \ . \
/ ''"
•• ' WO / ....
w COk. •
40i/i/frir /
w ••/ \ I O
Q 1f / /
•—
� •
�Z J 0 U 11 Z
- w O oww O II
I-. 111� . .
1-
rl
< U , \''''.-.. Cr! *air UJ
OII`s ^.
LI_O 0 + r•- 11. I- . Ow (!7
U •• • J • r1II• w = I-
0 0 i.:!• Q w w � RECEIVED
1� E cc,ir MAY 9 1993
spay.
DEPT.OF ENVIRO/IMEN'f
. 1F V
fb%/ , AL REG
}� EST PAID{BEACH ,
'1".'1‘41'-estrQ4;51
Iv.Et i .^`
I A r
G
APPLICANT: CITY OF MIAMI BEACH PURPOSE: CONSTRUCT DRY STORAGE
BUILDING & RELATED FACILITIES
WATER BODY: BISCAYNE BAY MELOY CHANNEL ORIGINAL WORK X MAINTENANCE
COUNTY: DADE COUNTY SHEET NO. 6 OF 6
DATUM: MSL/NGVD DATE: 4/1/93
.
•
Attachment B I~'
Page 27 of 30 Pages 1
SSLL No.. 130765469
4
s
-
• . s
l' ,M. •
.. .
F: 16509PG3r2I
REC.
[ . ,. .
The docking structures located on the public Las estructuras de muella situadas en las
lands are under lease from the Florida tierras publicas son sojetas a arrendamiento
Board of Trustees of the Internal ' de El Consejo de Administradores del
Improvement Trust Fund. As a condition of Fondo Seguro de Mejoramiento Interno de
that lease, the lessee is prohibited from la Florida. Como condicion de este
discriminating on the basis of an individual's arrendamiento, el arrendador sera prohibido
race, color, religion, sex, national origin, descriminar por.causa de raza, color,
age, handicap or marital status in the rental religion, sexo, origen nacional, edad,
or use of those structures. incapacitacion o estado civil.
Persons denied equal right to rent or use the Las personas a quieres se les haya negado
docking structures included within el derecho de igualdad al arrendar o usar
Sovereignty Submerged Land Lease las estructuras de muelle incluidas dentro
Number 130765469 de la Soberania de.Tierras Somergidas para
may file a complaint with the: Arrendamiento Numero 130765469 •
pueden presentar una queja al :
te Deparlaivr,KFIR.sources Departarnento de lecursosNaturales
•DIAsiort of to e L rid de,T
s Division ierras'del Estado
3 Cp monweal : Blvd. Mail Station Number\i50
T lla sshif ee FL 323 r-0000 Tallllah`ass a FL 32399 3 00
laalir01940624 LIameal: 904.488=6242 .
`5' nigatio!1Y :Investigaciones):
i,.ti l_ Vi- . '•
•
C
AttachmT$t 30 .
Page of Pages
SSLL No. 130765469
°E7: I6509Pc3722
REC. 16 17 M0673
RESOLUTION NO. 93-20911
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE MODIFIED SOVEREIGNTY SUBMERGED
LAND LEASE NO. 130765469 BETWEEN THE CITY AND
THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA, FOR THE MIAMI
BEACH MARINA
WHEREAS, on January 21, 1986, the City of Miami Beach ("City")
and the Trustees of the Internal Improvement Trust Fund of the
State of Florida ("Trustees") entered into Sovereignty Submerged
Land Lease No. 130765469, as recorded in Official Record Book
13020, Pages 2520 through 2526, of the Public Records of Dade
County, Florida, for the Miami Beach Marina (the "Submerged Land
Lease") ; and
WHEREAS, on June 16, 1990, the City and the Trustees
authorized an amendment to the Submerged Land Lease, as recorded in
Official Records Book 15593, Pages 1915 and 1916 of the Public
Records of Dade County, Florida; and
WHEREAS, the City and the Department of Environmental
Protection, acting on behalf of the Trustees, have negotiated a
Modified Sovereignty Submerged Land Lease, attached and
incorporated hereto as Exhibit "A", incorporating all the terms and
conditions of the original 1986 Lease Agreement, the 1990 First
Amendment and proposed amendments regarding a new survey and legal
description for the Miami Beach Marina Lease area. .
NOW THEREFORE, BE IT DULY RESOLVED by the Mayor and City
Commission of the City of Miami Beach, Florida as follows:
The Mayor and City Clerk are hereby authorized to execute the
Modified Sovereignty Submerged Land Lease No. 130765469 between the
City of Miami Beach and the Trustees of the Internal Improvement
Trust Fund of the State of Florida, f•-,, the Miami Beach Marina, a
copy of which is attached and inco 'rated her- o a- Exhibit "A".
PASSED and ADOPTED this 6th day of Oc , 993 ,
, ALA&
MAYOR
ATTEST: ForAPPROVED
LEGAL DEPT.
ITY CLERK
c:\wp51\data\n,arina.res By
Date 5'ZS_51
Page 29 of 30 Pages
SSLL No. 130765469
Q F. 16509PG3TZ3
�r, . REC. }
,. •
OFF.: 16ITIPilp6l4
REC
OFFICE OF THE CITY ATTORNEY
yi4 94.0•Zowil
F L 0 R I 73cae4
D A
:74
•
LAURENCE FEINGOLD y% .ti P 0.BOX 0
CITY ATTORNEY NX ° MIAMI BEACH.FLORIDA 33119-2032
TELEPHONE(305)673-7470
_ TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO. 5(11 0-93
• October 6, 1993
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMtSION
/
FROM: LAURENCE FEINGOLD
CITY ATTORNEY C (�� e a"4
SUBJECT: MIAMI BEACH MARINA LEASE AMENDMENT
As you know, the area where the Miami Beach Marina is located
is leased to us from the State of Florida. The Lessee, Tallahassee
Building Corporation and the City jointly ,asked the State to amend
the lease to reflect the " corrected survey attached to the Lease,
and the State has agreed.. .
This matter is also on the Redevelopment Agency agenda so both
agencies having jurisdiction can approve this minor amendment.
This memorandum will serve as the memorandum for the Redevelopment
Agency as well.
LF:jm
•
c:\wp51\1d\marina.cas -
'r BMW
—R4 of}KIAI RECfltDi RDOt
OF DADE CO4Nrr.FLORJDA.- !
wow yttIFIED
HARVEY RUVIN
cLERx cracurr count. ^ ��
STATE OF FLORIDA .
COUNTY OF DADS •
I, RICHARD E. BROWN, City Clerk of the--
City of Miami Beach, Florida, do hereby certify
that the above and foregoing is a true and cor- (tECORDE0 IN OFFICIAL RECORDS Boos
rect copyof the on I thereof on file in this OPDADECOUNTY,FLORIDA.
� RECORD VIRIFIED
office. � 1•r•s: •, HARVEY RUVIN,
of Circuit&County
WITNESS, shana the seal of said CityCourts
Clack
this deltic) a q 'It: ,A.D. k.9
•
ICHARD'E. BROWN
City Clerls;of the Cityof Miami Beach,Florida
•
. By: Deputy
2.6 •
AGENDA
ITEM
Page 30 of 30 Pages DATE I 0 10-93
SSLL No. 130765469
1700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BEACH. FLOR:DA 33139