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Sovereignty Submerged Lands Lease Renewal Inc.This Instrument Prepared By: Taurean J. Lewis Recm-ring Revenue Section $ureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. l25 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF TIIE 1NTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL MODIFICATION TO REDUCE SQUARE FOOTAGE AND REFLECT CURRENT STRUCTURES BOT No. 130037916 TI II S LEASE is hereby issued by the Board of Trustees of the Internal Improvement "Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to City of Miami Beach Florida hereinafter referred to as the Lessee, the sovereignty lands 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 10,5 l5 square feet, more or less, as is more particularly described and shown on Attachment A, dated January 24, 2008. TO HAVE "fHE USE OF the hereinabove described premises from May 17, 2007, the effective date of this modified lease renewal, through May 17, 2012, the expiration date of this modified lease renewal. The terms and conditions on and for which this modited lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 4-slip docking facility exclusively 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 requirements of the State of Florida Department of Environmental Protection or local authority, whichever entity applies the more stringent criteria, and without liveaboards as defined in paragraph 28, as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this Lease. 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein. The Lessee shall not 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 wetslips, from rental of wetslips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wetslips, 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 of use of the riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, 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 tray no longer qualify for authorization under the modified lease. [02-29] 3. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is fwther prohibited from making any claim, including any advertisement, that said land, or the use thereof; may be purchased, sold, or re-sold. 4. INTEREST IN RIPARIAN UPLAND PROPERTY: During the ternZ of this lease renewal, 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 renewal and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of t(ris lease renewal, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for firll compliance with the terms and conditions of this lease renewal which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 5. ASSIGNMEN"I' OF LEASE RENEWAL: This lease renewal shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of this lease, current management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 6. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS• The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injwy and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any pasty hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 7. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease renewal and any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. 8. NOTICESlCOMPLIANCE/TERMINA"PION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein, 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 renewal may be tern~inated 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. All costs and attorneys' fees incurred by the Lessor io enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease renewal or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: THE CITY OF MIAMI BEACFI c/o Robert Reboso 1700 Convention Center Drive Miami Beach, 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. 9. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfitlly assessed and levied against the subject property during the effective period of this lease renewal. 10. NUISANCES OR ILLEGAL OPERAT[ONS~ 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 super any nuisances or illegal operations of any kind on the leased premises. Page 2 of 12 Pages Sovereignty Submerged Lands Lease No. 130037916 1 1. 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. The leased premises strap be subject to inspection by the Lessor or its designated agent at any reasonable time. 12. 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 renewal or upon lands adjacent to and used 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 a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall 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 tern of this lease renewal (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 13. 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. 14. PERMISSION GRANTED: Upon expiration or cancellation of this lease renewal all permission granted hereunder shall cease and terminate. 15. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that Lessee is in full compliance with the terns of this lease renewal, 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 term hereof. The teen 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. `The obligation to remove all structures authorized herein upon termination of this lease renewal shall constitute an affirmative covenant upon the riparian upland property more specifically described in Attachment B which shall run with the title to said riparian upland property, and shall be binding upon Lessee and l.,essee's successors in title or successors in interest. 16. REMOVAL OF STRUCTURES/ADM[NISTRA"I'IVE FINES If the Lessee does not remove said structures and equipment occupying acid erected upon the leased premises after expiration or cancellation of this lease renewal, such structrres 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. 17. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY' Any costs incun•ed by the Lessor in the removal of any structures and equipment constructed or maintained on state lands shall be paid by the Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the Lessee in the riparian upland property enforceable in summary proceedings as provided by law. 18. RECORDATION OF LEASE: 'The Lessee, at its own expense, shall record this fully executed lease renewal 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. 19. RIPARIAN RtGTI"fS/FINAL ADJUD[CATION• In the event that any part of any structw•e 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 renewal agreement and shall be grounds for immediate termination of this lease renewal agreement at the option of the Lessor. Page 3 of 12 Pages Sovereignty Submerged Lands Lease No. 130037916 20. AMENDMENTS/MODIFICATIONS: This lease renewal is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease renewal must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lifr does not increase the mooring capacity of the facility. 21. ADVER"fISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. 'fhe Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized stn-ch-res, 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. 22. ALOE AU'fHORIZA1~1ON: Prior to conunencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the constnrction and/or activities authorized herein that may be required by the ALOE 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. 23. 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 [hereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 24. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total often (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (]2) month period, nor shall any such vessel constitute a legal or primary residence. 25. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters .,~;rh;., rho ..,..,.,7:,...,... ,.C..._~.i_.._ -`-`- -- °---. _ _ ., .. Page 4 of 12 Pages Sovereignty Submerged lands Lease No. 130037916 WI"TNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STAT .L. Cd OF FLO IDA O iginal Signature J~j~ (SEAL) Print/Ty me of Witness ery ntry, perations and anagemen Consultant Manager, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Origin I Signature Environmental Protection, as agent for and on behalf of the Board of Tnrstees of the Internal Improvement Trust Fund of the State ~~ ~~ ~„ of Florida Pritt Type Nam of Witness S"PATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this~~ day of "LESSOR" ~~ 2 by Printed, Typed or WITNESSES: U ~~ Original Signature Ro~R-T Pl~~~a'Z 'Cyped/P d Nat Witness Original Signature S.r~ ~~c7.S~ Typed/Printed Name of Witness STATE OF F~ A~~ c; COUN"['Y OF ~t (Gr,Lt I - ~-<r/~ My Commission Commission/Serial Notary Public State of Florida Kathy C (;ritfin My Commission DD727892 Expires 10130!2011 - ` I City of Miami Beach, Florida (SEAL) BY: O final Si tat re of Executing A rity Jorge M. Gonzalez Typed/Printed Name of Executing Authority City Manager Title of Executing Authority "LESSEE" :~~ `'=1 da of ~ `~ C I ~ ~ The foregoing instrument was acknowledged before me this y N l 008 by Jorize M. Gonzalez as City Manager, for and on behalf of City of Miami Beach, Florida. He is personally known to me or who has produced ~,~,iri~ntification. ,~ , My Commission Expires: iV g~Uer rg `"Cow ~o t #DD 727501 Commission/Serial No. a . , ~ Q. Page 5 of 1? Pages Sovereignty Submerged Land Lease No. 130037916 Printed, Typed or Stamped Name APPROVED AS TO FORM & LANGUAGE ~ FOR EXECUTION .1 1 City Attome f ~" Date P!f'~ 0 0.3 0.6 0.9 1.2 1.5 km G 0 0.2 0.4 0.6 0.8 1 mi F'1--5.704 G=o.s7s Section 1 1 Township 53 S Range 42E Attachment A Page 6 of 12 Pages SSLL No. 130037916 ~ • P \ s • .. 3 ^ +~ 'A ~ w ~ ~ ~ a D~ 1 0 OF SURVEY 69th STREET ~~d ~~ V y~ J Oy ~'d0 ~v> ~d J ~6 ~O 2 LOCATION SKETCH City of MiamiReacta scale: 1"=100' 6860 Indian Creek Drive Miami Beach, FL 33141. LEGAL DESCRIPTION: 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°59'10" 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. as ~~ ~•• W ~, f s ~~,~ ~ ~ d:.ta°~ ~: ~ I -~~~ ,,. ~ ~..,, G Attachment A Page 7 of 12 Pages SSLL No.130U37916 LEGEN D C.B. CATCH BASIN C.B.S. CONCRETE BLOCK STRUCTURE C.&G. CURB AND GUTTER ~ CENTER LINE CL. CLEAR C.L.F. CHAIN LINK FENCE C.M. CONCRETE MONUMENT CAL. CALCULATED CONC. CONCRETE D.H. DRILL HOLE ENC. ENCROACHMENT F.F. FINISH FLOOR ELEVATION I.P. IRON PIPE M.H. MANHOLE fl? PROPERTY LINE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCE P.P. POWER POLE RAW RIGHT-OF-WAY SWK. SIDEWALK ©M WATER METER W. V. WATER VALVE D CENTRAL ANGLE SUL SAFE UPLAND LINE SURVEYOR NOTES: L ARC LENGTH ~~ ~ Ea ELECTRIC BOX Mw MONITORING WELL Q STREET LIGHT i~ TRAFFIC LT_ POLE ~ WOOD FENCE CAL. CALCULATED F.F. FINISH FLOOR ELEVATION ~ ~~~~ M.D.C.R. MIAMI-DADE COUNTY RECORDS ~ ~ I~ GRASS AREA DENOTES EXISTING ELEVATION ~ ~~~`~ REC. RECORD DISTANCE OR ANGLE ~ ~ ~ ~~ MEAS. MEASURED DISTANCE OR ANGLE w. © TRAFFIC LIGTH PULL BOX © TELEPHONE PULL BOX QQ ELECTRIC MANHOLE ~ ~ ® CATCH BASIN TYPE F ~ STORM MANHOLE ~ I< ~ 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 IN N.E. CORNER OF SEWER PUMP STATION, CENTER OF PARKING LOT AT 72 ST & HA ~ ~ ~~ ~~ SHORELINE CONDITION ALONG LEASE SHORELINE PLUS 1,000 FEET ON EACH SIDEi~ S 100% SEAWALL ~~N ~ (~ , '~ HEREBY CERTIFY: That this "SPECIFIC PURPOSE SURVEY" is corre~~tr'~rid ''`ee~~t~i~ ~Ninimum 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. .~. °'~'S ~, V~.1~,. ''~r~ CERTIFIED TO THE BOARD OF TRUSTEES OF THE II~TE~2~~ch~~ItAPI~~~/~EI~I'ENT TRUST FUND OF THE STATE OF FLORIDA ,~~' e °L`~~ ~ ~ °® °~ 1 /24/08 DATE Attachinenl A Page K of 12 Pages SSLL No. 1 i0l)i7916 W_ z Q J s~~ 44. $e G ~/ ~2 ~/ ~~~ ~ 4/ i ~r ~ ~ ~N~ ~ r + ~a~ a% ~ a: ~~ ~ ~ ~ ~~2,: d J e ~'~. , q \ I I ~ I a er mss, R/Wj f 1 ~ >a~, w ~ ' / ~i~ I r I ~r` I. i I ~ ~ I ~~ I I ;I ~ ~ I I I F I I 1 1 ~~.:4 N~ qT~ ; I i.~ .4oti ~,r~l, E til ~ ._ ~ !~ I ~ I ~ ,~~ e o~m~~ ~ $~ I ~ I ~Z~ a I ~ ~I I ~ # ~m.a. I i ~.~ ~ Zm~l ~~ _~ I I c~ e I ~~~ ~ ~ I la I i ~-D 4 .I ~ ~; z I~ n ~ ~ I i i II i ~ ~~ ~ I i °re i .~ I / ~ ~ I 4~ i P S~ P ;pN .. ~ . I I I ~ ~ ~ ~~~ / ~d. ~I I I ~~ 'I ! ~ ~ I / 0°~- y I i ~. i I I ~ i I I I, W i e > I I I a ~,~~~~ ~ Z 19 I~ j ~~~~ I ~~ ~W ,~ o~ Z Z j OQ N 8 ao ~~ ~m m ~~ om w ~ p Z Y ' Z W ~ Z ~ o gz ;~ ~ ~z D w z mo ~F ~a om Z o ,'~ ~ w a D a Attachment A Page l of 12 Pages SSLL No. 13l)U37916 z~- ~Q =Q =~C/ ~C./ V ~~ ~~ O QQ~ ~~A RIPARIAN LINE N o ONE (1) BOAT ONE (1) BOAT 39.OB' iti~~q~ cR~Fk c~N'~< 4_ av E CJ~ BpAT 4_ qVE C7) 8pA t ~ ~~ W_ ~ 9~ Z Q J ~ ~ f ~ I ~ ~ .. w, ~~ ~~ ~~ ~: . ~ N I .~ ~ ~4~>i [O I ~ b ~, O ~ I ~ ~ ' i ~ \\~ t ~ ~~ ,~'. ~ I m of .. V=` ~ < ~ Z ~ .Z1 ~ ~ r Z ~ O Q Z ~ I - ~ 8 F Q W~ ~ ~ ~ ~ ~ ~ m LL~ om J b W ? ~o ZY N I :O m I '-~ O G U D ~ ~ I x ~ wo ~? ~ ~ I D Z ~ -z° ~ I ~ ~' a m aN t "~ o N rn ~ w I 1 as r, a SS3 p \ 9gg 3/3 O@ ?6/~e/ 'c0 4 ~. j :~/i f § ~ DY :: O'~ q ..._._. ~~ w~~ V m s ~- nn d a' Attaclunent A Page 10 of 12 Pages SSLL No. 130037916 WARRANTY DEED PAPGD PUBLISMINa CORPORATION ~FNON cogrOMTION T4 Coq~O gATION) pAPCO'S FogN fl. E. 99S'i MIAMI 32, FLORIDA ulii~ .~a,lrrif~tre, Made ibis 3rd. day of _ A. D. 19~ BETW);EN BLUE OCEAN VILLAS INC. a Florida cor oration a corproradon existing under the laws of the State of Florida _`~ having ib principal place of business in the County of Dade __ ~~d State of Flarida and lawfully authorized to transact business in file State of Florida, party of the first part, and CITY .OF MIAMI BEACH a corporation e_dsiting under the laws of the State of Florida having its principal place of business in the County of Dade end State of ~'7-oridQ and lawfully aut}lorized to transact business in the State of Florida, party of the second part WITNESSET'fi: That the said party of the first part, for and in consideration of the sum of Ten Dollars end other good and valuable considerattnn ._.___ to it in hand paid by the said party of ;the second part, the receipt whereof is hereby aclozovvIedged, has granted, bargained and sold to the said party of the second part its successors and assigns forever, the following deetibed land situate, lying and being in the County of Dada -^~ ~ and State of Florida, to-wit: a` That portion of Lot One (1) through Lot Slit.".(6) in flock "N" of ATLANTIC HEIGHTS es shown on the corrected plat thereof, recorded in Plat Book 9, page 14, of the public records oi' Dade County, ]il~rida, said portion being more fully described as follows; "Begin at the northeasterly corner of Lot One (1) in Block "1~*" of ATLANTIC HEIGHTS; thence run southeasterly along the northeasterly line of said 81ock N a distance of Three Hundred Eleven and Fifty- nina one-hundredths (311.59) feet to the point of curvature of a curve having a radius of Twenty (20) feet, said curve being at the southeasterly corner of Lot 31x (6) in said Block ~Nt'; thence run along said curve deflecting to the right to 'a point, said point being Nine (9) feet southwesterly of the northeasterly line of said Block "N" produced southeasterly, said Nine (9) feat being 'measured st righ angles to the northeasterly line of slid Block "N", produced south- easterly; thenoe run northwesterly along a straight line parallel to and Nine (9) feet southwesterly of.tha.northeesterly.line of said Block "N° to a point on the northwesterly line of said Lot Sin (6), said Nina (9) feet being measured at right angles to the northeaster- ly line of said 131ock °N"; thence run northwesterly along s straight line to a point on the southeasterly line ,of Lot Two (2) of 'said Block "N", said point being Ten (10) feet;southwasterly of the north-' easterly line of said Block N and measured at right angles to the northeasterly line of said Blot:k "N't; thence run northwesterly along a line parallel to and ten (10) feet southwesterly of the northeaster ly line of said Block "N" to a point on the northerly line of Lot One (1) of said Bloak t'N"; thence run easterly along the northerly 1#.ne o~ said .Lot One (1) to the northeasterly line of said Block "N". , And the said party of the first part does hereby fully warrant the tide to said ]and, end wr71 defend the same against the lawful claims of all persons whomsoever. _ -.- .. Attachment B Page 1 l of 12 Pages SSLL No. 1301)37916 IN WITTIESS WHEREOF, the said party of the first part has caused these presents-to ba signed .fn its name by its proper officers, and its rnrporate seal to be affixed, attested by its Secretary, the day and year above written. BLUE p ~~ the p ence of nsa ~~ ~ ~ ~ ..AS",Irk",., .-' ~ ~. ' . ,' `4~ ' ~ .' C~ rb D WITNESS my si~re~.arild~df$cial's at~..rl the Ct~itq~ Fep~ ~.~~c. of, Cu§a~ ~ C' ~a~ day and year last afotepai~1~w--A"' ? ~:.~).i~ral 3q dpi--hFr~ •.,~ eK q:~ "~ l~L ~JR:t1EZ ~~ ~.. ,.r ..cf. .k,o .::~N 14.p l 1 - .~ ~ 1 . -- UhIT,I~ $'1'frT1;S •IIic3AS~,Y ui ~, •.. ~` - ' ~ ' C1'iY AIID• f`ZUVIifC% Ur iii.~lliilt ~ SS _ n. ~~ =~ ~ ~ ~II7bV~il~! R L~ ~. ; C~}A .. .... ~ . ~~ ~.. ~ ~> j'• .....~ ''~*~ ',,~ I' B''• ~ I HEREBY CERTIFY, that on this 3r'r1 - day of - ti:rji~ljt - A. Ij:'48tI:~;"~ before me personally appeared- - -- --"--"--" - -""- - ,_ aiti~_ 3. P _ ]iENITOA 'resident ~B~IfE~7tjti[IC9~G1bf~ of _ FLIJ3 OCEAN VILLAS INC__. a corporation under the laws of die State of >• 7 "~~~.e:11L'A.. ~-?'" to me lmown to be the persona who signed the fore- oing instrument as such ;iegcs< xpd,~eFej$}1y, acknowledged the execution thereof to be their free act nd deed as such ofiicer~gqrr (~a:use~t dtil~'p>f~osea therein mentioned and that they affixed thereto the fficiel seal of said coi'p~grs(gCQn~~,iu~ tint ~~ ciaid instrument is the •qct and deed of said corporation. ~° w Q:o ~ ~ ~~~ ~ r~ ~ 5' ~~G~ a~~ ~ I' amo ~~ ~~O ~ ~~~ A. v /^a ~O~ ~~ 4f y ~~ ~~ ~,~ ~ ~ ~. ~~ C.t t6 YBU1 of ~F taco o sf Ifii Ar l7 l ~ H ~ ' `~ o ~ m !". a +~H~] ~ ~ x z w i Q y t?' x ~ ~ ~ ~. ~~ :,<, r' 7 ~: ~ ~_ ~~ - ~ ~ ~, ~ a-. ~, ;~ ah ~. j 1. n ~ n Z ~ ~ 73 r - ~ c~ ~ ~ys p o l :, .~ ~. r'~' a „`. :~ Attachment B Page I2 of 12 Pages SSLL No. 13l)l);7916 ~_ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139. vJww.miamibeachfl.gov OFFICE OF ASSET MANAGEMENT Tel: 305.673.7193, Fax: 305.673.7033 April 25, 2008 Mr. Taurean J. Lewis, Government Operations Consultant I State of Florida Department of Environmental Protection 3900 Commonwealth Boulevard, MS 125 Tallahassee, Florida, 32399-3000 Dear Mr. Lewis Enclosed are the documents requested, pursuant to your letter dated March 19, 2008, and as further delineated below: 1) Three (3) executed and sealed copies of Instrument / BOT No. 130037916, 2) Invoice No. 38348, 3) check in the amount of $525.00, 4) completed Billing Information Form, and 5) copy of the City's Consumer's Certificate of Exemption. Once the State has executed and sealed all three copies, please return two (2) fully executed copies to the City for our files and for recording purposes as required pursuant to Section 18 of the lease document. Do not hesitate to contact me at the number noted above should you have any questions or require additional information and/or documentation. Sincerely, Robert Reboso Redevelopment Specialist RLR:yo Enclosures (5) c: Robert Parcher, City Clerk F:IECONI$ALLIA5SETISTATE OF FLORIDA1PoliceSubstationSubmergedLandLease.TRANSMITTAL.doc We are committed to providing excellent public service and safety to alt who live, work, and play in our vibrant, tropical, historic community. Print-Formatted DEPARTMENT OF ENVIRONMENTAL PROTECTION RECEIPTS SECTION POST OFFICE BOX 3070 TALLAHASSEE, FL 32315-3070 Bill To FLORIDA IIASSISTANT ASSET MANAGER/ROBERT REBOSO II III700 CONVENTION CERTER DR. II BEACH, FL Terms Due Date 30 DAYS 4/18/2008 Invoice Date Instrument # Invoice # 3/19/2008 130037916 38348 EXPIRATION DATE 5/17/2012 RATE FEE WAIVED RATE SURCHARGE NO SURCHARGE b t a S * Description Memo C ode Feet Rate Discount % Surcharge Amount SUBMERGED LAND RENEWAL & MODIFICATION ^ 001018 10515 ^0 ~ $525.00 FEE 0 0 0 0 0 ~ 0 0 ~ 0 0 LOCATION NAME Subtotal $525.00 CITY POLICE STATION Sales Tax (0.0%) $0.00 Remit Copy of Invoice with Payment ~ ~°j t3' Tax $o.oo Total $525.00 PLANNER TJ LEWIS. SDR Balance Due $525.00 *Annual Lease Fee Formula =[(Square Feet * Rate)- Discount] + Surcharge FOR QUESTIONS CONCERNING THIS INVOICE PLEASE CALL (850)245-2720 ORGANIZATION CODE:3710-1000-000 EXPANSION OPTION: K4 OCOE XOg .O .4 OC'OE-ZIESE ,I'3 ~HH2zEiHEiSSAT CITY OF MIAMI BEACH GENERAL DISBURSEMENT ACCOUNT i MIAMI BEACH, FLORIDA VENDOR LD. 011020 DEPT. ENVIRONMENTAL PROTECTION .,_~ i CHECK NO. 263905 INVOICE NO. INVOICE DATE PO NUMBER DESCRIPTION DISCOUNT INVOICE AMT 38348 03/19/2008 SOVEREIGNTY SUBMERGED LAND LEA E 0.00 i 525.00 CHECK NO. 263905 1~~ . ~ .. 1AMI BEACH, FL 33139 86=79 i~ 611 _ -IECK:DATE CHECK AMOUNT ~/24I2008 525.00 1 ~~ ~ ~~ ,5~ , BILLING INFORMATION FORM PAYMENTS FOR LEASE NO. /3 00 3 7 9 / G Billing Contact Person: /e-7~ ~.~g~~ G/o ~/~j p/ /~j~qM~ B~t~.N Street Address: ~70~ ~ 1~~~T/o~J ~.a".~ i ~,e ~ie!/Y~ Post Office Box: City: ~/~i-~ i ~i4 Cfl . _ State: ~C,G~--/~0~0 Zip Code: ~ ~ 3 9 Telephone Number: (3°~) ~'~3 - 7 ~ 9 3 Area Code Fax Number: (30~ ) ~i ? 3 - ~ 0 3 3 Area Code ~ - E-Mail Address: /ZAf3~~¢.~,Q~goSn o~ M/,~or4~/3~i4Gtj~L (~o~/ SALES TAX CERTIFICATION/EXEMPTION Six percent (6%) sales tax is due on each lease fee payment unless the Lessee can claim an ownership exemption. UWe are exempt from sales tax for-the reason checked below. [~] Government Agency: ~ - 8 0%2l0.2 /G39 G . 9 (Exemption Number) [ ) Exempt Organization: (Exemption Number) [ ) Lease and collect sales tax on all available dock spaces. (Sales Tax Number) [ ) Lease and collect sales tax on some available dock spaces but fully assume the responsibility to remit six percent sales tax on that portion of space on which no sales tax is charged. (Sales Tax Number) [ ) None of the above can be claimed. A copy of the Florida Annual Resale Certificate For Sales Tax or the Certificate of Exemption must accompany this form to claim this exemption pursuant to Section 212.07(1)(b), F.S. If Lessee is a Business/Corporation, Federal Employer Identification Number: ~ 9 -- ~ Q 00 ~ 7 Z I/We certify that the above information is correct and agree to NOTIFY THE BUREAU OF PUBLIC LAND ADMINISTRATION'S ACCOUNTING SECTION (85 45-2720 within 30 days of the date of any change in the above designated billing agent, phon b number or Lessee's tax status. Signed• ~'.ZI - OB Lessee/Authorized Entity Date -- For Recurring Revenue Section Use Only Billing Form to Originator's signature Data Entered by Accountant: / Accountant's signature Form 18-21.900(1), Effective 10-15-98 (Technical Chance 5-21-2003 Rev. 7-2fi-(171 Consumer's Certificate of Exemption Issued Pursuant to Chapter 212, Florida Statutes Certtftcate Number Effective Date Expiration Date This certifies that CITY OF MIAMI BEACH 1700 CONVENTION CENTER DR M1AMI f3EACH FL 33139-1818 DR-14 R. 04!05 05/29/07 Exemption Category is exempt from the payment of Florida sales end use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. Important Information for Exempt Organizations DR-14 R. o4~os 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Adminlsirative Code (FAC). 2. Your Consumer's Certil<cate of Exemption Es to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or cease to others by your -.:. ~orgarilzatlan of tanglbte personal property, sleeping accommodations or other real property is taxable. Your organization must register,. and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAC). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual, Violators will be liable for payment of the sales tax plus a penalty of 200°~ of the tax, and may be subject to conviction of a third degree febny. Any violation will necessitate the revocation of this certificate. 6. If you have questions regarding your exemption certificate. please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is PO BOX 8480, Tallahassee, FL 32314-6480.