90-20080 Reso
.,.
RESOLUTION NO. 90-20080
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE AN AMENDMENT TO
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 FOR THE MIAMI BEACH
MARINA; DECLARING THE SUBMERGED LAND COMMONLY
REFERRED TO AS PELICAN ISLAND TO BE SURPLUS TO
THE NEEDS OF THE CITY OF MIAMI BEACH; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A SPECIAL WARRANTY DEED IN FAVOR OF THE BOARD
OF THE TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA FOR THE
SUBMERGED LAND COMMONLY REFERRED TO AS PELICAN
ISLAND.
WHEREAS, on January 21, 1986, the City of Miami Beach (the
"city") and the Trustees of the Internal Improvement Trust Fund of
the state of Florida (the "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, the City and the Department of Natural Resources of
the State of Florida have negotiated an Amendment to the Submerged
Land Lease whereby:
1) The ci ty would convey to the Trustees by
Special Warranty Deed the submerged land
commonly referred to as Pelican Island.
2) The Trustees would waive percentage of wet slip
rentals for the remainder of the term of the
Submerged Land Lease and the City would pay
only the base rate; and
3) The Trustees would waive all Submerged Land
Lease fees in arrears through October 16, 1989;
and
WHEREAS, the Governor and Cabinet, sitting as the Board of
Trustees of the Internal Improvement Trust Fund of the State of
Florida, met on June 26, 1990 and approved the above described
amendment to the Submerged Land Lease; and
WHEREAS, the City of Miami Beach City Commission finds that
the submerged land commonly referred to as Pelican Island is no
longer necessary for public purposes and wishes to declare the
property surplus to the needs of the City of Miami Beach, Florida.
1
""
"
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH as follows:
1) The Mayor and City Clerk are hereby authorized
to execute the amendment to 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 for the Miami Beach Marina, a copy
of which amendment is attached hereto.
2) The submerged land commonly referred to as
Pelican Island is hereby declared to be surplus
to the needs of the City of Miami Beach.
3) The Mayor and City Clerk are hereby authorized
to execute a Special Warranty Deed in favor of
the Board of the Trustees of the Internal
Improvement Trust Fund of the State of Florida
for the submerged land commonly referred to as
Pelican Island, a copy of which Special
Warranty Deed is attached hereto.
ADOPTED this 5th
day of
September 1990.
ATTEST:
~ ~eh--v
CITY CLERK
PNB: lm
FORM APPROVED
LEGAL DEPT.
By ~~~
7//"ho
I I
Date
2
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ea, 01- 11UaHd ~ead
FLORIDA
3 3 1 3 9
"V ACA TIONLAND U. S. A."
:.;
OFFICE OF THE CITY MANAGER
ROB W. PARKINS
CITY MANAGER
CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
. COMMISSION MEMORANDUM NO. ~
July 25, 1990
DATE:
FROM:
</
TO:
SUBJECT:
AHENDKEN'r '1'0 SOVEREIGNTY SUBMERGED LAND LEASE FOR MIAMI
BEACH KARIn AND AUTHORIZATION TO EXEC~TE A SPECIAL
WARRANTY DEED FOR PELICAN ISLAND TO THE TRUSTEES OF THE
IN'l'ERNAL IHPROVEKENT TRUST FUND OF THE STATE OF FLORIDA
Backaround(Pelican Island/102.2 acres):
On June 20, 1944, the City of Miami Beach ~ntered into an agreement
with Placer Development Corporation of 'Florida to purchase, for
the sum of $35,000, approximately 102.2 acres of submerged land
lying north of DiLido Island, known as "Pelican Island." At that
time it was the intention of the City of Miami Beach to construct
a bulkhead around the perimeter of the submerged land and fill the
interior of the parcel by the use of dredging the adjacent bay
bottom. Additionally, the City of Miami Beach was to construct a
bridge connecting the parcel with an existing right-of-way easement
located on the north end of DiLido Island. Permits were granted
from the United states War Department to accomplish the proposed
construction. However, with the effects of the post-war economy
still present in South Florida, the project was never completed.
All that was accomplished was the placement of the wood pilings
around the perimeter of the parcel that were to be used to secure
the proposed bulkhead.
Backaround (Miami Beach Marina - 37.85. acres):
The Miami Beach Marina occupies an area of approximately 37. 85
acres of submerged land that lies to the west of City-owned land
bordered on the north by MacArthur Causeway (5th street), on the
east by Alton Road, and on the' south by Biscayne street. On
December 18, 1984, the state of Florida's Board of Trustees of the
Internal Improvement Trust Fund, converted to a five-year lease,
a previously issued license for operation of a municipal public
marina on submerged lands.
On January 21" 1986, the State's Internal Improvement Trust Fund
Board of Trustees extended the term of the lease to 25-years.
Current status:
On June 26, 1990, the Governor and Cabinet, sitting as the Board
of Trustees of the Internal Improvement Trust Fund, met' and
approved the following modifications to the Submerged Land Lease,
No. 130765469, for 25-years at the Miami Beach Marina whereby:
~~i
continued. .", r>
. . ,., ,."
....
.... -
AGENDA
ITEM
f\-3~B
q.- 5-Qo
DATE
Submerged Land Lease/Miami Beach Marina
and Pelican Island
July 25, 1990
1) The City would convey to the Board of Trustees, by
Special Warranty Deed, a 102.2 acre parcel of
municipally-owned submerged land commonly referred to as
Pelican Island.
2) The Trustees would waive percentage of wet slip rentals
. for the remainder of the term of the Submerged Land Lease
and the City would pay only the base rate for the
remaining years of the lease set at $94,647.49 and shall
be adjusted, pursuant to provisions of Section 18-21.011,'
Florida Administrative Code.
3) The Trustees would waive all submerged land lease fees
in arrears, in the amount of $355,914.50, through October
16, 1989.
4) The City will pay $118,673.70 as the lease fees from
October 17, 1989 through January 21, 1991.
Administration Reoommendation:
The City Administration recommends tha~ the modified Sovereignty
submerged Land Lease No. 130765469, with the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida, be
approved as amended. Additionally, that the Mayor and City Clerk
be authorized to execute a Special Warranty Deed to the Board of
Trustees of the Internal Improvement Trust Fund of the State of
Florida for Pelican Island.
WHH:DC:blb
Attachment
23
:.. ..
. ."
SPECIAL WARRARTY DBBD
THIS SPECIAL WARRANTY DEED, made this ____ day of
1990, by the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal
corporation, hereinafter called "Grantor" and the BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,
whose post office address is c/o Florida Department of Natural
Resources, Division of State Lands, 3900 Commonwealth Boulevard,
Room 412, Tallahassee, Florida 32399, hereinafter called "Grantee":
WITNESSETH: That the Grantor, for and in consideration of
the sum of Ten and 00/100 ($10.00) Dollars and other valuable
consideration, receipt whereof is hereby acknowledged, has granted,
bargained, and sold to the Grantee, its successors and assigns, all
of the following described property located in Miami Beach, Dade
County, Florida:
From the Northeast corner of Section 29,
Township 53 South, Range 42 East, run South 1
degree 37 minutes 08 seconds East, 778.29 feet
along the Section line between Sections 28 and
29 to point of beginning; thence run South, 88
degrees 39 minutes 28 seconds West, 1000 feet;
thence run South, 1 degree 37 minutes 08
seconds East, 4200 feet; thence run North, 88
degrees 39 minutes 28 seconds East, 1060 feet;
thence run North, 1 degree 37 minutes 08
seconds West, 4200 feet; thence run South, 88
degrees 39 minutes 28 seconds West, 60 feet to
point of beginning; containing 102.2 acres,
more or less, lying and being in-Sections 28
and 29, Township 53 South, Range 42 East.
SUBJECT TO:
1) Any right, title or interest in the above described
premises that Grantee has at the present or may have had
prior to the date of this' conveyance.
2) Any and all navigational and other rights or interests
of the United States Government.
3) Restrictions, reservations and easements of record, if
any.
TO HAVE AND TO HOLD, the same in fee simple.
AND the Grantor hereby covenants with the Grantee except as
noted above that at the time of delivery of this deed the premises
were free from all encumbrances made by it, and hereby warrants the
title to said land and will defend the same against the lawful
claims of all persons claiming by, through or under the Grantor,
but against none other.
1
IN WITNESS HEREOF, the Grantor has caused these presents to
be executed in its name and on its behalf this 14th day of
September
, 19..2.9.
CITY OF MIAMI BEACH, a Florida
municipal co~ ation
FORM APPROVED
LEGAL DEPT.
~~~~
Date rp-
ATTEST:. \ /J ~
~ h. (j~
CITY CLERK
STATE OF FLORIDA)
)ss
COUNTY OF DADE )
On this I!I- day of ~ ' 19!1J) before lIIe,
personally appeared Alex Daoud, ayor of the City of Miami Beach,
a Florida municipal corporation, and Elaine Matthews Baker, City
Clerk of the City of Miami Beach, a Florida municipal corporation
and known to me to be the same persons described in and who
executed the foregoing instrument aforesaid, as the act and the
deed of the City of Miami Beach, duly designated, empowered and .
authorized to do so and they acknowledged that they executed the
foregoing instrument for and on behalf of the City of Miami Beach,
for the purpose and uses herein described.
~~J~
My Commission Expires:
f-.;crr.c.::y PU2.1_1 C ST i.~ t (fF' ("Le,. ;.: ~',\
MY CC)i;;'<;I~SIC~ t'\? t'j,i.l.v 2G. j~~3
BO~iJt:l) 1~:RU GEiiERf.L INS. lir~D.
NOTARY PUBLIC STATE OF FLORIDA
.....--..
Prepared by:
Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7470
REF:5\NORTHSHS.SWD
2
BOARD OF TRUSTEES Of THE INTERNAL IMPROVEMENT TRUST FUND
A~1ENDNENT TO SOVEREIGNTY SUBMERGED LAND LEASE NO. 130765469
THIS LEASE A~tENDML~T, effective June 26, 1990. is entel'E>d into by and
between the BOARD OF TPLSTEES OF THE INTERNAL IMPROVEME~T TRUST FU~n OF THE
STATE OF FLORIDA. hereiMfter referred to as "LESSOR", A~D THE CITY OF MI~'11
BEACH, hereinafter referred to as "LESSEE";
WIT N E SSE r H
WHEREAS. on January 21, 1986, lESSOR and LESSEE entered into Soyereignty
Submerged Land Lease No. 130765469 as recorded in Official Record Book 13020,
Pages 2520 through 2526. of the Public Records of Dade County, Florida;
w~EREAS. on June 26. 1990. LESSEE requested and LESSOR authorized an
amendment to subject lease;
NOW. THEREFORE. th~ parties hereto agree as follows:
1. Paragraph 2 of Lease No. 130765469 is amended to read in its
~ntirety as follo~s:
"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 leased 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 fee
shall be remitted annually to the Department of Natural Resources
as the agent for the Lessor. on the due date each year until the
term of this lease terminates or expires."
2. Paragraph 5 of Lease No. 130765469 is amended to read in its
entirety as follo~s:
"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 t"'"O (2) above."
3. Lease No. 130765469 is amended to add the following special
condition:
"The Lessee agrees to remove. at its expense. the pilings located
around the parcel of submerged land to be deeded to the Lessor
should thos~ 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 JUlIe 26. 1990, the
effective d:::.'[e of this lease amendment."
4. It is understood and agreed by LESSOR and LESSEE that in each
every respect '[he terms of Sovereignty Submerged Land Lease
130765469, except as amended hereby. shall remain unchanged and in
force and effect and the same are hereby ratified, approved
confirmed by LESSOR and LESSEE,
and
No.
full
and
Page 1 of 2 PagtS
Amendment to Sovereignty Submerged Land Lease No. 130765469
\.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
WITNESSES:
(SEAL)
STATE OF FLORIDA
COUNTY OF LEON
"LESSOR"
Before me personally appeared Percy W. Mallison. Jr" to me well known and
kno~n to me to be the person who executed the foregoing Sovereignty Submerged Land
Lease Amendment. and acknowledged to and before me that he executed said
instrument for the purposes therein expressed.
WITNESS my hand and official seal, this
A.D., 19
day of
APPROVED AS TO FO~l AND
Notary Public
State of Florida at Large
(SEAL)
My Commission Expires:
~~~
&J2j c1.vcJv flII1/I9D
BY
Or
ATTEST:
Ny,or . "
B1rmBR sf Clty CemffiiB518fi
Title of Executing Authority
"LESSEE"
STATE OF Florida
COu~TY OF Dade
Before me personally appeared A1'!14~ ALe)( 1J/lQlIl)
kno~n and kno~n to me to be the person who executed the foregoing
Submerged Land Lease Amendment. and acknowledged to and before me
executed said instrument for the purposes therein expressed.
to me well
SovereigI}ty
tha t h t...
WITNESS my hand and official seal.
A.D., 199D
this It.! day of ~-l.pf/~O-IJ1(
{L~ -L~
Notary Public
(SEAL)
My Commission Expires:
NQTrRY !,IT.L Ie STATE OF FLonIDA
R{ cCt~r.u SS 10:; UP. MAY 20. : 9;3
BONDED THRU GENERAL INS. UNO.
State of F (d"J-, ')i!,
at Large
FORM APPROVED
LEGAL DEPT.
Byt9~~~
Date 7hj/~o
/
Page 2 of 2 Pages
Amendment to Sovereignty Submerged Land Lease No.
130765469
'.r^~ y
OF
MIAM',I
BEACH
*'~
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
September 18, 1990
TELEPHONE: (305) 173-7010
FAX: (305) 173-7782
Mr. Martin Dix
Katz, Kutter, Haigler, Alderman,
Davis, Marks , Rutledge
Professional Association - Suite
First Florida Bank Building
215 So. Monroe Street
Tallahassee, FL 32301
#400
RB: MIAMI BEACH MARINA
Dear Mr. Dix:
Enclosed, please find the following items relating to the City
commission action of September 5, 1990:
1) A check payable to the State of Florida, Department of
Natural Resources (DNR), in the amount of $118,673.70 for
the Submerged Lease Fees at the Miami Beach Marina; with
DNR Statement.
2) Executed Amendment to Sovereignty Submerged Land Lease
No. 130765469.
3) Executed Resolution No. 90-20080
4) City Commission Memorandum No. 409-90.
5) Executed Warranty Deed for Pelican 19land.
Please ensure that the check for the Submerged Lease Fee is
delivered to the Office of the Deputy Director, prior to the due
date of September 24, 1990; to avoid the late charge of 12% per
anum.
Ith~ ~s ." - . -
We ask that"the Special Warranty Deed not be recorded by the State
until the enclosed Amendment to the Sovereignty Submerged Land
Lease has been executed and returned to the City of Miami Beach
City Clerk's Office, as noted on their copy.
Should you have any questions, please do not hesitate to contact my
office.
(;Z!~ ,e ~ " ..""
Willia H. Harrison
Executive Assistant to the City Manager
WHH:blb
Enclosures
cc: Rob W. Parkins, City Manager
; ,;l,t'~
, I
I
",
MIAMI BEACH REDEVELOPMENT AGENCY
OPERATING ACCOUNT
MIAMI BEACH. FLORIDA 33139
ca INTE:RCONTIN€NTAL DANK
139$ IIlCUll AYfNUI
-..;;;;r MIAMA. FLOIllOA 33131
39,44'
Septemser 1S'9--9.e
ONE HUNDRED EIGHTEEN THOUSAND, SIX HUNDRED SEVENTY THREE and 70/100 118,673.7
PAY DOLLARS $
r I
~on
870 ""
11100 j 11 .. .. III (J) I: 0 b ? 0 0 bOb j I: 11111 0 0 2
TO
mE DEPARTMENT OF NATURAL RESOURCES
ORDER
OF
DtLUXI; CHIECM; "AINTEAS
MIAMI BCH. REDEVELOPMENT AGENCY
OPERATING ACCOUNT
DETACH AND RETAIN THIS STATEMENT
THE ATTACHED CHECK .8 IN "AYMENT OF ITEMS DESCRIBED BEL.OW.
IF NOT CORRECT "L.EAl!IE NOTIFY US FOROMP'T\..Y. NO RECEIPT DESIRED.
DATE INVOICE DEDUCTIONS
NUM.ER DESCRIPTION AMOUNT NET AMOUNT
PARTICULARS AMOUNT
9/10/90 211-Submerged L lnd $118,6 73.70
Lease fees at t~e
Miami Beach Mari na
through fiscal II ear
1990/91, ending 1/21/91
pursuant to Comn ission
Memo 409-90--9/5 /90
Y-a
DELUXE . FORM WVC-3 V-3
~i'!o!"",
~"ii...iF~:I~~1U OF L;:',ND Nf:'!i\i(4f';Er-iE!.JT ~~>Ef;\j ICE Z:
~OSl OFFICE BOX 3070
~:. (.'ILL. ~)H{.jS~:)EE . FL. 3:":;;' 1. :i-- 3070
Tel~ohone (904) 488-2291
U:
CITY !"'/{-,N{',GEF\'
C~ITY OF MIAM} BEACH
'l. 700 COI\jl,)ENT J D!',j CENTEn n;:;~! '-JE
''''j J AI"'\ J E\E~iCH . FL ~~3139
STATEMENT
STATEMEI'.JT D(.'iTE
(I f:.) / ;:'8 / 91.)
----..----.------.-..---.--------..-.------.-...
Il.EASF NO. 130765469 i
I -~-.-,---~-----.--------...-.-----.-----1
IE~FECTIVE 01/21/86 i
I ---.-.-.-.---...--.-'----___,___._______.___ ._1
! E. X F' I F:E SOl / :'1 / 1 1 I
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--.---.--...~-.---.-..--'.----- '-.....----.~.....---...--.-..-......._...---------....._.--..-..--.....-..... 1 T {.:l X I...~rl. I
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; LESSEE f'.J{.~;MF: CJ TY DF t'II ~\f't1I DEr-1CH ~ 1-----..--.--.-----.-.----.--.-.-.--.1
; -.F..C'1E.f"'1. t'.-.'Iv/t::'..h!-' ,r...;.,. r',c:-'r~C'\..1 ""1''',r:'II\Jr : 'I C.r-,ll'-'F'.r-- 'F-;:::---T 1 ~ 4f'"'9'11 (H-, I
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L.._______.....____._..____.__....._..._........_..._...._._._,_.---..._._.___..._._......_._.__._.___.__._..._..._....___._ L---.-..-.....---...--_..__.._.__________J
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~:~M~ N:~_ 9(~. D~~~..~~.::~~A~~.:::~~24/:~__~:T~{4F~GES ~I..P:~__AN~
DUE DATE I SOURCE !
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01/21/89.1 S90150A !
01/21/90 I ~A0161 I
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I 24026. 21 ! j 240,26. 211
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i 94647.40 i 1 118673.701
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DESeR! PTI OI'.J
1.989/90
L.EASE
LEASE
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1990/91
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TOTP,L DUE
.:t> i 18f173. 70
-----
------
,.--._____.__.___..._.f-I.+,!~.-.-.--.,;..--.;;;..,----..--.---_________________
SPECIAL INSTRUCTIONS OR COMMENTS:
TO INSURE PROPER CREDIT TO YOUR LEASE
-------,
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-----1
Please return one CODV of this statement with Your payment..
· Make your check payable to DEPARTMENT OF NATURAL RESOURCES.
Address envelope exacflY as printed on too o~ this statement.
. Reference your lease number on your check.
If YOU have any questions or comments~ inquire to Fred Henriksen
----..----
Cod f=:'
021017 $ 118673.70
025001 ~ 0.00
~t=. (I " 00
FOR OFFICE USE ONLY,
'rqanization Code 74101000000 Object
Object
~ndor No. C20240800j Object
.-------..-.---....----
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