C7R-Execute Renewal Of Sovereignty Submerged Lands Fee Waived Lease RenewalCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving and authorizing the City Manager to execute a Sovereignty Submerged Land Lease
Renewal between the City of Miami Beach, as Lessee, and The Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, as Lessor, for a four (4)-slip docking facility at the North
Shore Police Substation.
Key Intended Outcome Supported:
To increase resident rating of public safety services.
Supporting Data (Surveys, Environmental Scan, etc.):
The 2009 Community Satisfaction Survey noted that 75% of residents and 68% of businesses rated Miami
Beach city government as excellent or good in meeting their needs and expectations.
Issue:
Shall the City execute a retroactive Sovereignty Submerged Land Lease Renewal between the City of Miami
Beach, as Lessee, and The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,
as Lessor, for a four (4)-slip docking facility at the North Shore Police Substation retroactively commencing
on May 17, 2012 and ending on May 17, 2017.
ltemSumm
On July 10, 2002, the City, as Lessee, executed a Sovereignty Submerged Lands Lease ("Lease") with the
Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as Lessor, for a parcel of
submerged sovereignty 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.
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.
On April 22, 2008, the Lease was subsequently modified to reduce the square footage from 17,120 to 10,515
and renewed for a term of five (5) years ending on May 17, 2012.
The City and Lessor have agreed to renew the Lease for a term retroactively commencing on May 17, 2012
and ending on May 17, 2017.
There is no annual rent or lease fee payments required under the Lease. There is a $595.00 processing fee
due at the time of renewal.
Board Recommendation:
Financial Information:
Source of Amount
Funds: 1 N/A
Financial Impact Summary:
Clerk's Office Le islative Trackin
Anna Parekh, ext. 6471
artment Director
AP
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MIAMI BEACH 381
Account
AGENDA ITEM--=----
DATE ___..,~....:..-.....:......::::;;;....
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti H. Bower and Members of the City Commission
Kathie Brooks, City Manager
September 12, 2012
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A RENEWAL OF 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
BY AND BETWEEN THE CITY OF MIAMI BEACH, AS LESSEE, AND
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA, AS LESSOR; SAID
LEASE RENEWAL HAVING A TERM OF FIVE (5) YEARS,
RETROACTIVELY COMMENCING ON MAY 17,2012 AND ENDING ON
MAY 17,2017
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
To increase resident rating of public safety services.
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 submerged sovereignty 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
renewal of said Lease 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 renewal of said at the sole option of the 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.
The City and Lessor have agreed to renew the Lease for a term retroactively commencing on
May 17, 2012 and ending on May 17, 2017; with renewal of said Lease being at the sole option
of Lessor (Attachment 1 ).
382
Commission Memorandum -Cinemateque Outdoor Cafe
September 12, 2012
Page 2 of2
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 docking facility serves as a valuable asset to the City in its efforts to serve
the North Shore area.
There is no annual rent or lease fee payments required under the Lease. There is a $595.00
processing fee due at the time of renewal.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution
authorizing the City Manager to execute the Sovereignty Submerged Land Lease Renewal for a
four (4)-slip docking facility at the North Shore Police Substation retroactively commencing on
May 17, 2012 and ending on May 17, 2017.
KGB\MAS\AP\MM
Attachments
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383
June 20,2012
City of Miami Beach, Florida
1
Florida Department of
Environmental Protection
Mariory Stoneman Douglas Bul!dlng
3900 Commonweolth Boul!:vard
Tallahassee, Florida 32399-3000
Attn: Mark Mi!isits, Leasing Specialist
55 5 1 7<£. Street
Miami Beach, Florida 33139
RE: BOT File No.: 130037916
Lessee: City of Miami Beach, Florida
Dear Mr. Mi!isits:
RlckScotl
Governor
jennifer Carroll
LL Governor
Herschel T. Vinyard, !r.
Secretary
Enclosed is a lease instrument, which requires acceptance by the notarized signature of Jorge M. Gonzalez as City
Manager of Miami Beach (two witnesses required). Pursuant to Chapter 695, Florida Statutes, the names of the
person executing the instrument, the two witnesses, and the notary public must be legibly printed or typewritten
directly below that person's signature. ·
Please complete and return the enclosed data information form that provides us with updated billing information, sales
tax information, and other data required pursuant to Section 212.03(6) and 212.031(3), Florida Statutes.
Please execute and return the enclosed instrument and any additional information requested within 30 days after
receipt of this letter. Upon receipt and acceptance, we will transmit the lease instruments for fmal departmental
execution. A fully executed instrument will be provided to you for recording in the county records where the facility
is located.
Also enclosed is Invoice No. 63877 for$ 595.00, the non-taxable instrument processing fee due on this account The
check should be made payable to the Department of Environmental Protection and mailed to Mail Station 125, 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000. Please include BOT. File No. 130037916 on the check
to ensure proper deposit Payment is due within 30 days after receipt of this letter.
Please note that all annual lease fee invoices will include a six percent (6%) sales tax and the County Discretionary
Sales Surtax unless the Lessee can claim exemption. If you are tax exempt, please return a copy of your Tax
Exemption Certification for our records. Your Tax Exemption Certification is renewable and a current certification
must be on file in our office for you to receive this exemption. Processing fees for renewals, I!Ssignments (name
changes), and modificatio!IS are non-taxable. Do not add tax to any of these invoices. The tax will always be included
on the invoice if applicable.
Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel free to
contact me at the letterhead address above (Mail Station No. 125) or at (850) 245-2720.
Sincerely,
!h
AmyHo::t
Government Operations Consultant
Bureau of Public Land Administration
Division of State Lands
/all
Enclosures (Lease, Invoice, Billing Form)
384
11lis Instro:ment Prepared By:
Amy Horton
Recurring Revenue Section
Bureau of Public Land Ad:ministration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE Th'TERNAL IMPROVEME:N'T TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LAc'lDS FEE WAIVED LEASE RENEWAL
BOT FILE NO. 130037916
THIS LEASE is hereby issued by tbe Board of Trustees of tbe Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of the faithful and timely perfo=ce of md cornplillllce with all
temll! and conditions stated herein, the Lessor does hereby lease to City of Miami Beach, Florida, hereinafter referred
to as the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Section 11,
Township 53 South, Range 42 East, in Indian Creek,
Miami-Dade County, containing Hl,515 sq\lll.re feet,
more or less, as is more particularly descnoed and shown
on Attaclunent A, dated January 24, 2008.
TO HAVE THE USE OF the hereinabove descnbed premises from May 17, 2012, the effective date of !his lease
renewal, tbtoughMay 17,2017, 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 an existing 4-slip docking facility exclUBively
to be used 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 reqoitemeuts 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}
385
2. AGREEIYlENT 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 us
defined herein (e.g., from commercial to multi-famlly residential, from temporary mooring to rental of wet slips, from rental of
wet slips to contractual agreement 'with third party for docking of cmise shlps, :from rental of recreational pleasure craft to
rental or temporary mooring of charter/tour boats, from loading/oftloading 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 li without fust 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 whlch may no longer qualifY for authorization under the modilled
lease. If at any time during the lease term thls lease no longer satisfies the requirements ofsubparagraph 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 v.-ith
Rule 18-21.011, florida Administrative Code, and if applicable, remove any structures whlch may no longer qualilJ for
authorization under this lease.
3. EXAt\.J.INATION OF LESSEE'S RECORDS: The Lessor is herehy specifically authorized and empowered to
examine, for the term of this lease including any renewals, 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 lwo (2) above.
4. MAlNTENA."'CE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for:
(i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of
the leasod premises, and (ill) 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 term of this lease and any renewals plus three (3) additional years.
Thls 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.
5. 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 ovvnerslrip. The Lessee ia further prohibited from making any claim, including any advertisement, that said hmd,
or the use thereof, may be purchased, sold, or re-sold.
G. INTEREST IN RlP ARlAN UPLAND PROPERTY: During the term of ihls lease, the Lessee shall maintain the
interest in the riparian upland property that ia more particulru:ly described in Attachment li and by reference made a part hereof
together with the riparian rights appurtenant thereto, and if such interest is terminated, the lease may be terminated at the option
of the Lessor. Prior to sale md!or termination of the Lessee's interest in the riparian upland property, the Lessee shall info1111 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 conilitions 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 ternlll and conditions of this lease whlch include, but are not limited to, payment of all fees and/or penalty assessments
incurred prior to such act.
7. ASSIGWviENT OF LEASE: This lease shall not he assigned or otherwille 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 ofmanagementstandards and applicable laws, rules and regnlations ln effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and v,ri.thout legal effect.
8. INDE:MNIFICATION!lNVESTIGA TION 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 dsmage attributable to the negligent acts or
omissions of that party and the officers, employees and ageuts 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.
Page _£_of _1'L Pages
Sovereignty Submerged Lands Lease No. 130037916
386
9. NOTICES/COMPLIANCEiTER..'vliNATION: The Lessee binds itself, its successors and assigns, to abide by !be
provisions and conditions herein set fortb, and said provisions and conditions shall be deemed covenants of !be Lessee, its
successors and assigns. In the event !be Lessee fails or refuses to comply with the provisions and conditions herein set fortb,
or in !be event !be Lessee violates any of the provisions and conditioru herein set forth, and !be Lessee falls or refuses to
comply witb any of said provisions or conditions within twenty (20} days of receipt of !be Lessor's notice to correct, this lease
lllitY 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 folla,.ing address:
City aflvliarni Beach, Florida
Atto: Mark f;filisits, Leasing Specialist
555 17'" Street
Miami Beach, Florida 33139
The Lessee shall notify the Lessor by certified lllitil of any change to this address at least ten {10) days before the change is
effective,
10, TA.XES AND ASSESSMENTS: The Lessee shall assume all responsibility ior liabilities that accrue to the
subject property or to the improvements tbereon, 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 againat the subject property during the
effective period of this lease,
l L NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or !lily part tbereof
to be used or occupied for any pmpose or business other than herein specified Wlless such proposed use and occupancy are
consented to by the Lessor and !be lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on !be leased premises.
12, 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 coru;tructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by !be Lessor or its designated agent at any reasonable time.
13. NON-DISCRlMlNATION: The Lessee shall not discriminate against any individual because of !hat individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within !be area
8Ubject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During !be lease term, !be Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in 11 prominent and visible location on the leased premises
or adjacent business office of the Lessee, It shall be !be resporu;ibility of the Lessee to post !be placard in a manner which will
provide protection from the elements, and, in !be event that said placard becomes illegible at any time during the term of 1hls
lease (including any extensions thereo:!), to notify the Lessor in writing, so that a replacement may be provided.
14, ENfORCEMb'NT OF PROVISIONS; No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on it;; part of any provision herein, shall operate as a discharge thereof or
render !be same inoperative or impair !be right of !be Lessor to enforce the Sll:li1e upon any renewlll tbereof or in the event of
subsequent breach or breaches,
15. PER\l:ISSION GRAJSTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
Page _L of _lL Pages
Sovereignty Submerged Lands Lease No. 130037916
387
16. RENEWAL PROVISIONS: Renewal of this lease sl:ta11 be at the sole option of the Lessor. Such renewal shall be
subject to the terms, condition;; and provisions of management stand&dl! and applicable laws, rules and regulations in effect at that
time. In the event thet Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal.
Such application for renewal milllt be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration
date of fue original or current term hereof. The term of any renewal granted by the Lessor shall commence on fue last day of the
previous lease te:rm. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, fue
Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its experne.
The obligation to remove all structures :mfuorized herein upon termination of this lease shall coru;titute an affinnative covenaot
upon fue Lessee's interest in fue riparian upland property more particularly described in Attachment£!, which shall run wifu the
title to fue Lessee's interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in title or
successors in interest
17. REMOVAL OF STRUCIURES/ ADMINISTRATIVE FINES: If fue Lessee does not remove said structures and
equipment occup:;1ng and erected upon fue leased premises after expiration or cancellation of fuis lease, such structures and
equipment "ill be deemed forfeited to fue 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
9 or at such address on record as provided to fue Lessor by fue Lessee. However, such remedy shall be in addition to all oilier
remedies available to fue Lessor under applicable laws, rules and regulatiorn including fue right to compel removal of all
structures and fue right to impose administrative fine>.
18. REMOVAL COSTSIUEN ON RlP ARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 17 of fuis lease, any costs incurred by fue Lessor in removal of any structures and equipment constructed or
maintained on state lands shall be paid by Lessee and any unpaid coslil and expen.ses shall constitute a lien upon fue Lessee's
interest in the ripariao upland property fuat is more particularly described in Attschment )1. This lien on the Lessee's interest in
the riparian upland property shall be enforceable in Sllill1llll:l)' proceedings as provided by law.
19. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of fue county wifuin which the lease site is located "'ifuin fourteen (14) days after receipt, and
shall provide to the Lessor wifuin ten (1 0) dayll following fue recordation a cupy of fue recorded lease in its entirety which
contains fue O.R-Book and pages at which fue lease is recorded.
20. RIP A.Rlfu~ RlGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is detennined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere ?.ifu adjacent
riparian rights, Lessee agrees to either obtain written consent for fue offending structure from the affected riparian owner or to
remove the interference or encroachment within60 days from fue date of the adjudication. Failure to comply wifu fuis
paragraph shall constitute a material breach of fuis lease agreement and shall be ground£ for immediate termination ofthis
lease agreement at fue option offue Lessor.
21 .• A.MENDMENTS/1tiODIFfCA TIONS; This lease is fue entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to fuis lease must be in writing, must be accepted,
acknowledged and executed by fue Lessee aod Lessor, and must comply with fue rules and statutes in existence at fue time of
the execution of the modification or amendment Notwithstanding fue provisions of this paragraph, if mooring is authorized
by this lease, fue Lessee may install boatlifts vtifuin the leased premises without formal modification of the lease provided that
(a) fue Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size offue lift does not
increase fue mooring capacity of the facility.
22. ADVBRTISEME't'-WSlGNSINON-W ATER DEPENDENT ACIIVITIESfADDITIONAL
ACTIVITIESIM1NOR STRUCTURAL REP AIRS: No permanent or temporary signs directed to fue boating public
advertising the sale of alcoholic beverages shall be erected or placed wifuin fue leased premises. No restaurant or dining
activities are to occur "'~fuin fue leased premises. The Lessee shall ensure that no pe:rrnanent, 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 fue Lessor. No additiomlstructures and/or activities including dredging,
relocation/realignment or major repaira or renovations to aufuorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from fue Lessor. Unless specifically authorized in writing by the
Lessor, such activities or struc~..u:es shall be considered Uill!Ufuorized and a violation of Chapter 253, Florida Statutes, and shall
subject fue 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 fue interesls of public health,
safety or welfare; provided, however, fuat such activities shall not exceed fue activities aufuorized by this agreement
of_ll_Pages
So'veneigJnty Submerged Lands Lease No. 130037916
388
23. US ACE AUTHORIZATION: Prior to commencement of coru;truction and/or activities auiliorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to
!:he construction and/or activities aui:horized herein ilia! may be required by the USACE shall. require consideration by and fue
prior written approval of the Lessor prior tn the commencement of construction and/or any activities on sovereign, submerged
lands.
24. COMPLifu"JCE WITH FLORIDA LAWS: On or in conjunction with the use of the !eased premilies, fue Lessee
shall at all limes comply wiili all Florida Sta!utes and all administrative rules promulgated !hereunder. Any unlawful activity
which occurs on the leased premises or in conjunction wifu !:he use offue leased premises shall be grounds for the termination
of this lease by tba Lessor.
25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at fue facility and inhabited by a person or
persons for any five (5) coru;ecutive days or a total often (10) dsys wifuin a thirty (30) day period. Ifliveaboarda are
authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months wifuin any
twelve (12) monfu period, nor shall any such vessel constitute a legal or primary residence.
26. GAMBLING VESSELS: During fue term of fuis lease and any renewals, exteruions, modifications or
assignments thereof, Lessee shall prohibit fue operation of or entry onto fue leased premises of gambling cruise ships, or
vessels fuat are used principally for fue purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
fue ships leave and return to the state of Florida. wifuout an intervening stop wifuin anofuer state or foreign conntry or waters
wifuin tba jurisdiction of anofuer state or foreign conntry, and any watercraft used to carry passengers to and from such
gambling cruise ships,
/
Page ....L of _j]_ Pages
Sovereignty Submerged Landa Lease No. 130037916
389
WITNESSES:
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE IN'l'ER.c"lAL
IMPRO\'EMEN1 TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
BY:~----~--~------~------~~----
Jeffery M. Gentry, Operations and Management Consultant
Manager, Bureau ofPublic Land Administration, Division
of State Lands, State of Florida Department of Environmental
Protection, as agent for and on behalf of the Boord of Trustees of
the Internal Improvement Trust Fund of the State of Florida
"LESSOR*
The foregoing iu;;trument was acknowledged before me lhls ___ day of , 20__, by
Jcffm M. t:'rentry, Qrn;ratiom arul M!I!YI€emeut Consultant Manager Bllfm! ofPublle L1md Administratiq11, t!irisioo ofStue
Lat$. Smte of l:~~ Pmtru;tkm. l§1ll®lt for and on lrebalf of lh£ Boord of TMWg of~
Internal Improvement Trust F!illd oftbe State of Florida. He is personally knovm to me.
APPROVED AS TO FORM AJ\'D LEGALITY:
Notary Public, State of Florida
Printed, Typed or Sta!l'lped Name
My CoJ:l:l1!lisslon Expires:
Coi11l:JJission!SerialNo • ._ ___________ _
WITNESSES: City of Miami Beach, Florida (SEAL)
Signature
ofWitness Typed/Printed Name of Executing Authority
City Manager
Title ofExecuting Authority
Typed!Prioted Name ofWitoeaa "LESSEE"
The foregoing instrument was acknowledged before me t!ri.s ___ day of 20~ by
Jorge M. Gonzalez M City Manager, for and on behalf of City of Miami Beach, Florida. He is personally known to me or who
has produced as identification.
My Commission Expires:
Notary Public, State of. ____________ _
CoJ:l:l1!lission!Serial No,~------Printed, Typed or Stamped Name
Page _Q_ of _u_ Pages
Sovereignty Submerged Land Lease No. 130037916
390
Maps
6860 Indian Creek Miami Beach, Fl
33141
Attachment A
Page .L of~ Pages
SSLL No. 130037916
391
LOCATION SKETCH
scale: 1"=1 00'
LEGAL DESCRIPTION:
City of l\!iami Beach
6860 lndi.an Creek Drive
\[!ami BeudL Fl 33 i-+l
Portion of a submerged land located in Section 11, Township 53 South, Range 42
East, more particullarly described as follows:
Commence at the southeast corner of Lot 6, Block M, CORRECTED PLAT OF
ATLANTIC HEIGHTS, Plat Book 9, Page 14,Public Records of Miami-Dade
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 ~
BEGINNING of the submerged land herein described; thence continue North
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
57"59'1 0" East for a distance of 45.73 feet; thence South 34" 41' 27" East for 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.
Attachment A
Page~ of _u_ Pages
SSLL No. 130037916
392
Attachment A
LEGEND
C.B.
C. B.S.
C.&G.
(t_
CL.
C.L.F.
C.M.
CAL.
CONC.
D.H.
ENC.
F.F.
I.P.
M.H.
It
P.O.B.
P.O.C.
P.P.
R/W
SWK.
!illMl w.v.
6
SUL
CATCH BASIN
CONCRETE BLOCK STRUCTURE
CURB AND GUTTER .
CENTERLINE
CLEAR
CHAIN LINK FENCE
CONCRETE MONUMENT
CALCULATED
CONCRETE
DRILL HOLE
ENCROACHMENT
FINISH FLOOR ELEVATION
IRON PIPE
MANHOLE
PROPERlY LINE
POINT OF BEGINNING
POINT OF COMMENCE
POWER POLE
RIGHT-OF-WAY
SIDEWALK
WATER METER
WATER VALVE
CENTRAL ANGLE
SAFE UPLAND LINE
SURVEYOR NOTES:
L
[il.
MW •
ARCLENGTH
ELECTRIC BOX
MONITORING WELL
~ STREET LIGHT
~ TRAFFIC LT. POLE
---WOOD FENCE
CAL. CALCULATED
F.F. FINISH FLOOR ELEVATION
M.D.C.R. MIAMI-DADE COUNlY RECORDS
GRASS AREA
REC.
MEAS.
IEl
191
®
i:Q]
@
DENOTES EXISTING ELEVATION
RECORD DISTANCE OR ANGLE
MEASURED DISTANCE OR ANGLE
TRAFFIC LIGTH PULL BOX
TELEPHONE PULL BOX
ELECTRIC MANHOLE
CATCH BASIN lYPE F
STORM MANHOLE
THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE BOUNDARIES OF THE
SUBMERGED LAND LEASE DESCRIPTION FOR THE MIAMI BEACH POLICE STATION
DOCK.
THIS IS A FIELD SURVEY.
COORDINATES SHOWN REFER TO NAD 1983 FROM MIAMI BEACH GIS MAP
BEARINGS REFER TO THE ORIGINAL WEST RIGHT-OF-WAY OF
INDIAN CREEK DRIVE (S29'06'00"E) AS SHOWN IN P.B. 28, P, 28, M.D.C.R.
ELEVATIONS SHOWN REFER TO N.G.V.D., 1929.
BENCH MARK G-313
ELEVATION 8.24
LOCATION: U.S. COAST GUARD AND GEODETIC BRASS DISC, seT 1N N.E. CORNER OF
SEWER PUMP STATION, CENTER OF PARKING LOT AT 72 S ;~
SHORELINE CONDITION ALONG LEASE SHORELINE PLUS 1,000 'f$
100% SEAWALL.
!ll:<Pf l'f 2NV f'CiWTEGYki7
I HEREBY CERTIFY: That this 'SPECIFIC PURPOSE SURVEY" is corre~'1%'}fJ'm~~rJill~ Minimum
Techinical Standards for Land Surveying in the State Florida as set forth In Chapter 472.027 (F.S.)
and Chapter 61G17-6 of the Florida Administrative Code. Not valid without the signature and raised
seal of a Florida Licensed Surveyor and Mapper.
CERTIFIED TO THE BOARD OF TRUSTEES OF THE I
OF THE STATE OF FLORIDA
1/24/08
DATE
Page JL of~ Pages
SSLL No. 130037916
393
Attachment A
I
I
I :I
:]j
~l!
jl
!j
/
Page J..Q_ of ...u_ Pages
SSLL No. 130037916
394
3
LLJ
5
z < _j
CL
Attachment A
I
I
t
Page ..1L of ...n_ Pages
SSLL No. 130037916
395
BETWEEN BLUE OCEAN VILLAS INC., 11 Florida corporation
·------------------------------------------~--~-·~"~
e:ais~ng under the laws of tho Stale oL.3:.~~~---..,.---~ b.a\O!Dg ils principal pilwe of
busln,...ln the County of Dade and State of Florida
and lawfully authorized to l:!:1ul.!lact business In lho Stale of Florida,. pllrly oi !he first port, 011d
C!TY .Qli' l.!IW mwm_
a corpomtlon exl,dllng under tho laws of lh• Slate of· _ _,Ii'"'l"'<:>"'.l'"'i::.:d,a"'---------. ba.vlng lb
prlnclpal place ·of bJUiness In tho County ('f Dade •nd State of _,p._,l~o!!.'r~i~d~~~~----.
011d lawfully authodzed to trausuct business in the Stale of Florida, party of the leCODd part.
WITNESSETH: 'lbt the said party of the flnt port, foz and In cooslden.tion of tbo sum of
Ten Dollars and othar §OOd and valuabla con&ldaration ~
to It In hand paid by the aald party of: tho second part, tho receipt whereof I& hereby aclcuowiodgod.
bu granted.· bargained and sold to the said party of ihe second put. Ito suCc-. and a.stgruo ftnever,
the following decrihed land situate; lying aod being In th• Caunty Qi<>fh--.hD!!!a~di!!!!L.....-----
\ and Sltlo of Florida, to-wlto
.,.
That portion or Lot One (1) thrqugh Lot S1,it/(6) in Block "N" of'
ATLANTIC HEIGHTS ·as shown on the corrected Plat thereor, recorded in
Plat Book 9, Paga 14 1 of' the public records Or Dade ·croun.ty, .FlOrida,
said portion'baing ~ora fully described aa fQ1lowa: '
~agin at the northeaate~I7 acrnar of L?t ona~{l} Ln Block flB 8 of
ATLAltTIC D!OnT.&; th&l(oa .run m:mtha.aaterl:y along tho northante.l.'17
:line of: aR'ld. l!lloelr: UN e dl,lltanoe <:rt: ~e H"l.mdl.'ed E:lav&n aM Fittcy'-
niJ.1Ill (li'IB:..h~.mdradtha {311.59) i'e11t to the point of ourvat.Ul'e ot' a '
curve havillg a l.'IH!iue of Twenty (20) 1'nt1 enid curve b~Jlng at the
aoutheaatt!rly eorn<tr of Lot au ($} in &ai\1 Block 8 W'; tl:umea l'un
along aaid c\.UNe dei'l&ctlng to the r1ght tO 'll Sud paLnt
Nine {91 feet eoutbwoatal.'ly of' the northaaeter of aald
!11111 jl>!:'oduced aoutheaetel'ly, sail\ Nine {9) :teet
angles to the northeaatel'ly 1:1J.1Ill oi' naitl al.o rodueed a>:<utb-
ea.a.terl:,-; tl.lenes run northwe!lter:ty along a 11 ne pnra::tltil to
ami Nine iln !'eat aouthwenl:!irl;r of'.~ the .. llO..l'theaatel'ly .li.w! ot .aald fll<~Clr ''N" to a point on t;l;te northwawtcrly Una of' U;td .Lot I:U.x (<lh
lilttd !fine (9) teet be~ meaa\ived at l':Lght ahgl.o11 to tho nqrthaaater-
1-y Une o!' sa;td Block "W'; thenall run. norf;h.wuterly alo.n.g a !iti'aight
line t oint on the Muth&aatarJ.y :une ,ot Two {21 ot haid ·
Block said paint ho OJ rest or thtt
ttaatal'J.;y e 1:1!' llnl.d !l:l lHllll.tllNid l:w
north>:>a&tll:rly' li.no i:>£ 11tU.d ; tl:lllnce no;~n:~::t•:;
a Una parallel to and tMt {10) i'eet · v o
1-y 1~ or said lllook "li" to a point on no~:rly l:.tne of
Ill of' said .lU{)ek "Ji"; thence run aalitarl-y alo.n.g the northeJCq
aait! .Lot On6 Ct) to tha nwthaute:r:ty linn of sai.d Blook "li"•
.And the said party of the lint part doeo lweby fully ........,t tho Utle to oaid land, aad will defel1d
lbo same lgninst the lawful claJm. ol all perSO.III whomsoev~. . ' . .
Attachment B
PageR of ...U. Pages
SSLL No. 130037916
396
lN WiTNESS WHEREOF, the sold party of the £irst part b&o e~~-..-llbese presonb.to bo tlgoo<l.lu
Its""""' by l!! JlrOper officers, o.nd its OOIJ)OIII!e sesl robe affixed, attosted by lis Secretary, the dsy ond
Attachment 8
Page~ of~ Pages
SSLL No. 130037916
397
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RESOLUTION TO BE SUBMITTED
398