HomeMy WebLinkAbout2005-25904 Reso Inc.
RESOLUTION NO. 2005-25904
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A MODIFICATION TO THE SOVEREIGNTY
SUBMERGED LAND LEASE NO. 130765469 AMONG
THE CITY OF MIAMI BEACH, THE MIAMI BEACH
REDEVELOPMENT AGENCY AND THE TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA FOR THE MIAMI
BEACH MARINA, PURSUANT TO THE REQUEST OF
THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION TO CLARIFY THE
EXISTING USES AT 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
Miami-Dade County, Florida, for the Miami Beach Marina (the "Submerged Land
Lease"); and
WHEREAS, on June 16, 1990, the City authorized an amendment to the
Submerged Land Lease, as recorded in Official Records Book 15593, Pages 1915
and 1916 of the Public Records of Miami-Dade County, Florida; and
WHEREAS, on October 6, 1993, the City authorized a further amendment to
the Submerged Land Lease, as recorded in Official Records Book 16509, at Page
3694 of the Public Records of Miami-Dade County, Florida and Official Records
Book 16171, Page 673; and
WHEREAS, the Florida Department of Environmental Protection (DEP),
acting on behalf of the Trustees, has requested further amendments to the
Submerged Land Lease, attached and incorporated hereto as Exhibit "A," to
conform the description of the facilities in the Lease to the presently existing Marina
facilities, including the widened north breakwater, and to update the uses permitted
in the Submerged Land Lease areas; and
WHEREAS, on October 6, 1999, the aforementioned action was deferred by
the City Commission/Redevelopment Agency's Board; and
WHEREAS, on March 7, 2000, the Florida Department of Environmental
Protection forwarded a revised Lease Agreement, in which further revisions were
provided by the State, requesting execution of the modified Agreement within thirty
(30) days after receipt of the letter, however, such proposed further revisions sought
to prohibit the existing gambling vessel from docking within the Submerged Land
Lease area; and
WHEREAS, after extensive negotiations, the DEP has agreed, and the
proposed amended language reflects the DEP's agreement, that the one existing
gambling vessel (Le. one sublease for a gambling vessel exists at the Miami Beach
Marina at present) will not be held in violation under the State's latest prohibition
regarding gambling vessels and if their existing Lease expires, terminates or is
canceled, the City further agrees that no other gambling cruise ship may occupy any
area within the Lease area; and
WHEREAS, the Marine Authority voted to recommend approval of the
proposed amendment language subject to confirming that the existing sublease with
Majesty, as referenced in the proposed amendment, is still validly in existence since
the Marine Authority was under the impression that Majesty had declared
bankruptcy and sold its assets by court order; and
WHEREAS, the Marina's response is that the lease with Majesty Enterprises
of Florida, LLC is still in existence and it was assigned in June 2004 to MB Cruises,
LLC, a Delaware Limited Liability Company, in connection with MB Cruises
acquisition of all the assets, including the vessel "Atlantic", and liabilities of Majesty
Enterprises of Florida, LLC.; and
WHEREAS, the Marina has not been notified of any bankruptcy by Majesty
and when the Marina consented to the assignment of Lease, they did not release
Majesty from any obligations under the lease, therefore, the Marina continues to be
a creditor in the event of a filing of a bankruptcy action by Majesty.
WHEREAS, at the February 2, 2005, City Commission meeting the
Administration presented a Resolution recommending approval of the Modification
to the Sovereignty Submerged Land Lease; and
WHEREAS, the Mayor and City Commission did not take formal action on
adopting the Resolution, and referred the matter to the Finance and Citywide
Projects Committee for a more detailed discussion of the options available to the
City to possibly negotiate a more favorable arrangement; and
WHEREAS, on April 27, 2005, the Finance and Citywide Projects
Committee reviewed and considered the matter, after receiving input and comments
from the Administration and City Attorney's Office, and concluded to recommend
that the Modification to the Sovereignty Submerged Land Lease be forwarded to the
Mayor and City Commission for approval.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission of the City of Miami Beach, authorize the Mayor and City Clerk to
execute the Modified Sovereignty Submerged Land Lease No. 130765469 by and
among the City of Miami Beach, the Miami Beach Redevelopment Agency and the
Trustees of the Internal Improvement Trust Fund of the State of Florida, for the
Miami Beach Marina, substantially in accordance with the form attached.
PASSED AND ADOPTED THIS 18th day of
Attest:
~r f~~
CITY CLERK
- Robert Parcher
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION:
1u~
A ORNEY JH-
~ r-' 05
DATE
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F:\DDHP\$ALL\ASSET\MARINA\SOVEREIGNTY SUBMERGED LAND LEASE AMENDMENT.RES.DOC
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
Condensed Title:
A Resolution authorizing the Mayor and City Clerk to execute a modification to the Sovereignty
Submerged Land Lease No. 130765469 among the City of Miami Beach, the Miami Beach
Redevelopment Agency and the Trustees of the Internal Improvement Trust Fund of the State of
Florida for the Miami Beach Marina, pursuant to the State Department of Environmental
Protection request to clarify the existing uses at the Miami Beach Public Marina.
Issue:
Shall the City execute a modification to the Sovereignty Submerged Land Lease No. 130765469
among the City of Miami Beach, the Miami Beach Redevelopment Agency and the Trustees of
the Internal Improvement Trust Fund of the State of Florida for the Miami Beach Marina, pursuant
to the State Department of Environmental Protection request to clarify the existing uses at the
Miami Beach Public Marina.
Item Summary/Recommendation:
Adopt resolution and amend the submerged land lease.
Advisory Board Recommendation:
Marine Authoritv - January 11 , 2005
The Marine Authority voted to recommend approval of the proposed amendment language
subject to confirming that the existing sublease with Majesty, as referenced in the proposed
amendment, is still validly in existence since Majesty has declared bankruptcy and sold its assets
by court order.
Finance and Citvwide Proiects Committee: April 27, 2005
The Committee recommended that the Modification to the Sovereignty Submerged Land Lease
be forwarded to the Mayor and City Commission for approval.
Financial Information:
Source of
Funds:
Approved
D
Finance Dept.
islative Trackin
F:\DDHP\$ALL\ASSET\MARINA\Sovereignty Submerged Land Lease Amendment SUM.doc
AGENDA ITEM
DATE
RiG-
$"-l ~'o 5"
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ,\.r---/
City Manager U C)
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A MODIFICATION TO THE SOVEREIGNTY SUBMERGED
LAND LEASE NO. 130765469 AMONG THE CITY OF MIAMI BEACH, THE
MIAMI BEACH REDEVELOPMENT AGENCY AND THE TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA FOR THE MIAMI BEACH MARINA, PURSUANT TO THE
REQUEST OF THE STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (DEP) TO CLARIFY THE EXISTING
USES AT THE MIAMI BEACH MARINA.
Date: May 18, 2005
To:
Subject:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
In 1999, the State requested certain amendments to the existing State Submerged Land
Lease for the submerged land immediately adjacent to the Miami Beach Marina, to reflect
the actual uses at the Marina. These uses include the commercial docking facility with
boatlifts and the existing "Cruise to Nowhere" vessel. At the time, the State had adopted a
policy prohibiting any gambling vessel uses at or upon State submerged lands. The Miami
Beach Marina, the City's subtenant in this Lease arrangement, had pre-existing contractual
arrangements with respect to "Cruise to Nowhere" vessels. Over the past five (5) years the
parties have been in discussions in an attempt to best address the State's request and at
the same time not impairing any pre-existing contractual rights. As a result, the parties
have agreed to the language reflected in the attached modified Sovereignty Submerged
Lands Lease.
The proposed amended language reflects DEP's agreement that the one existing gambling
vessel uses (i.e. one sublease for a gambling vessel exists at the Miami Beach Marina at
present) will not be held in violation under the State's latest prohibition regarding gambling
vessels. If their existing Lease expires, terminates or is canceled, the City further agrees
that no other gambling cruise ship may occupy any area within the Lease area.
The Marina would not agree to language requested by the State restricting the assignability
of Majesty Cruise's Lease due to an existing assignability clause in Majesty's current
sublease Agreement.
May 18, 2005
City Commission Memorandum
MB Marina - Modified Sovereignty Submerged Land Lease
Page 2 of 2
On January 11, 2005, the Administration presented the amendment to the Marine
Authority. The Marine Authority voted to recommend approval of the proposed
amendment language subject to confirming that the existing sublease with Majesty, as
referenced in the proposed amendment, is still validly in existence since Majesty has
declared bankruptcy and sold its assets by court order. These questions have been posed
to the Marina.
The Marina's response is that the lease with Majesty Enterprises of Florida, LLC is still in
existence and it was assigned in June 2004 to MB Cruises, LLC, a Delaware Limited
Liability Company, in connection with MB Cruises acquisition of all the assets, including the
vessel "Atlantic", and liabilities of Majesty Enterprises of Florida, LLC. The Marina has not
been notified of any bankruptcy by Majesty and when the Marina consented to the
assignment of Lease, they did not release Majesty from any obligations under the lease,
therefore, the Marina continues to be a creditor in the event of a filing of a bankruptcy
action by Majesty.
At the February 2, 2005, City Commission meeting, the Administration presented a
Resolution recommending approval of the Modification to the Sovereignty Submerged
Land Lease. The Mayor and City Commission did not take formal action on adopting the
Resolution, and referred the matter to the Finance and Citywide Projects Committee for a
more detailed discussion of the options available to the City to possibly negotiate a more
favorable lease arrangement.
On April 27, 2005, the Finance and Citywide Projects Committee reviewed and considered
the matter, after receiving input and comments from the Administration and City Attorney's
Office, and concluded to recommend that the Sovereignty Submerged Land Lease, as
modified, be forwarded to the Mayor and City Commission for approval.
The attached Resolution authorizing the Mayor and City Commission to execute the
Sovereignty Submerged Land Lease, amended as described above, should be approved.
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EXHIBIT "A"
This Instrument Prepared By:
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE
No,
PANo,
TIllS 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,
WI1NESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the
faithful and timely perfonnance of and compliance with all tenns and conditions stated herein, the Lessor does hereby
lease to
hereinafter referred to as the Lessee, the sovereign lands described as
follows:
A parcel of sovereign submerged land in Section
Township _, Range_, in ,
_ County, containing square feet, more or less,
as is more particularly described and shown on Attachment A,
dated
TO HAVE THE USE OF the hereinabove described premises for a period of _ years from
. the
effective date of this lease, The tenns and conditions on and for which this lease is granted are as follow:
1, USE OF PROPERTY: The Lessee is hereby authorized operate exclusively a commercial docking facilitv
with boatlifts exclusively to be used for the mooring of recreational vessels and a cruise to nowhere vessel used in conjunction
with an upland commercial marina facilitv, with fueling facilities, with a sewage pwnpout facility, and m liveaboards as
defined in Daragraoh 29, as shown and conditioned in Attachment A, and the Department of Environmental Protection,
Environmental Resource Pennit No, , dated , incorporated herein and made a
part of this lease by reference.
2, LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee of $ and 25
percent surcharge, plus sales tax pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of receipt of this
fully executed lease. The annual fee for the remaining years of the lease shall be adjusted pursuant to provisions of Section 18-
21.0 II, Florida Administrative Code, The Division of State Lands will notifY the Lessee in writing of the amount and the due
date of the annual payment. The lease fee shall be remitted annually to the Division of State Lands as the agent for the Lessor,
beginning with the effective and due date of this lease, and each year thereafter until the tenn of this lease tenninates or
expires,
3, WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: The Lessee shall provide upon
request by the Lessor any and all infonnation in a certified fonn needed to calculate the lease fee specified in paragraph two
(2) above, including the total amount of the gross receipts derived from the rental of wet slips, if applicable. When six percent
(6%) of the gross receipts derived from the rental of wet slips exceeds the prorated base fee or minimum fee established
pursuant to section 18-21.0 II, Florida Administrative Code, for any lease year during the tenn of this lease, the Lessor shall
send the Lessee a supplemental invoice for the difference in the amounts for that lease year,
4, LATE FEE ASSESSMENTS' 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 due hereunder which are not paid within 30 days of their due
dates,
5, EXAMINA nON OF LESSEE'S RECORDS: For purposes of this lease, the Lessor is hereby specifically
authorized and empowered to examine, for the tenn 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, MAINTENANCE OF LESSEE'S RECORDS: 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, AGREEMENT TO EXTENT OF USE' This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein and as conditioned by the Department of Environmental Protection, Environmental
Resource Pennit. The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., from
commercial to multi-family residential, from temporary mooring to rental of wets lips, from rental of wets lips to contractual
agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring
of charter/tour boats, from loadingloffioading commercial to rental of wets lips, etc.), shall not change activities in any manner
that may have an environmental impact that was not considered in the original authorization or regulatory permit, or shall not
change the type ofuse of the riparian uplands without first obtaining a regulatory permit/modified permit, ifapplicabIe, and the
Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable,
the removal of any structures which may no longer qualifY for authorization under the modified lease.
8, PROPERTY RIGlITS' The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re-sold,
9, INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian 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
the 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.
10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time, Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
Page...L of _ Pages
Sovereignty Submerged Lands Lease No,
II. INDEMNIFICATIONIINVESTIGATION OF ALL CLAIMS' The Lessee shall investigate all claims of every
nature arising out of this lease 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. NOTICES/COMPLIANCFlTERMINATION: The Lessee binds itself, its successors and assigns, to abide by the
provisions and conditions herein set forth, and said provisions and conditions shan be deemed covenants of the Lessee, it
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, or fails or refuses to comply with the provisions
and conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this lease may be terminated by the
Lessor upon thirty (30) days written notice to Lessee, If canceled, all of the above-described parcel of land shall revert to the
Lessor. An costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shan be paid by the Lessee,
An 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 fonowing address:
The Lessee shan notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is
effective,
14. TAXES AND ASSESSMENTS: The Lessee shan assume an 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 lawfuny assessed and levied against the subject property during the
effective period of this lease,
15. NUISANCES OR ILLEGAL OPERATIONS' The Lessee shall not permit the leased premises or any part
thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy
are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any
nuisances or illegal operations of any kind on the leased premises,
16. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shan 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 shan 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. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area, During the lease term, the Lessee shan
post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee, It shan be the responsibility of the Lessee 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 thereot), to notify the Lessor in writing, so that a replacement may be provided,
18, ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches,
19. PERMISSION GRANTED' Upon expiration or cancenation of this lease an permission granted hereunder shall
cease and terminate.
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Sovereignty Submerged Lands Lease No, _
20, RENEWAL PROVISIONS' Renewal of this lease shall be at the sole option of the Lessor, Such renewal shall
be subject to the tenns, 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 tenns of this lease, the Lessee may 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 tenn hereof. The tenn of any renewal granted by the Lessor shall commence on
the last day of the previous lease tenn. 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, The obligation to remove all structures authorized herein upon termination of this lease shall constitute
an affinnative covenant upon the riparian upland property more specifically described in Attachment _, which shall nul with
the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in
interest.
21. REMOVAL OF STRUCTURESlADMINISTRA TIVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
13 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
22, REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY' 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 riparian upland property enforceable in summary
proceedings as provided by Law.
23, RECORDATION OF LEASE' The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R, Book and pages at which the lease is recorded,
24, RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate tennination of this
lease agreement at the option of the Lessor,
25. AMENDMENTSIMODIFICA TIONS: 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 ofthis paragraph, if mooring is authorized
by this lease, the Lessee may insta11 boatlifts within the leased premises without fonnal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory pennit that may be required; and (b) the location or size of the lift does not
increase the mooring capacity of the facility,
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Sovereignty Submerged Lands Lease No. _
26. ADVERTISEMENT/SIGNS/NON-W A TER DEPENDENT ACTIVITIES/ADDITIONAL
ACTIVITIESIMINOR STRUCTURAL REPAIRS' No pennanent 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 pennanent, temporary or floating structures, fences, docks,
pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands
without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor, Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall
subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,
safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement.
27, ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Anny Corps of Engineers (ACOE) penn it ifit is required by the ACOE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands.
28. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder, Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the tennination
of this lease by the Lessor,
29, LIVEABOARDS: The tenn "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or
persons for any five(5) consecutive days or a total often(JO) days within a thirty(30) day period, Ifliveaboards are authorized
by paragraph 0ne(1) of this lease, in no event shall such "liveaboard" status exceed six(6) months within any twelve(12) month
period, nor shall any such vessel constitute a legal or primary residence.
30, GAMBLING VESSELS: During the tenn of this lease and any renewals, extensions, modifications or
assignments thereof, except for the sublease described below. the Lessee shall prohibit the operation of or entry onto the leased
premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are
engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within
another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to
carry passengers to and from such gambling cruise ships, At present. there is a sublease between Maiestv Enterprises of
Florida LLC and Miami Beach Marina Associates. Ltd.. dated Januarv 31 2002. which pennits the sublessee to operate a
single gambling cruise ship within the lease area that moors to the northwestern or waterward face of the northern breakwater.
This sublessee is authorized to continue to operate within the lease area as specified in their sublease. however if Maiestv
Enterprises of Florida. LLC's sublease expires or is cancelled for anv reason. the City shall agree to the restriction that no other
gambling cruise ship mav occupv anv area within the lease area without the specific and additional approval of the Lessor or
their agents unless either the laws of the state have been changed to pennit said uses or it is no longer the oolicv of the Lessor
to prohibit or limit such uses,
31, SPECIAL LEASE CONDITION:
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Sovereignty Submerged Lands Lease No, _