2008-26789 ResoRESOLUTION NO. 2008-26789
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE SOVEREIGNTY
SUBMERGED LANDS LEASE N0.130037916 RENEWAL MODIFICATION
BETWEEN THE CITY AND THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,
FOR THE DOCKING FACILITY ADJACENT TO THE POLICE
SUBSTATION, LOCATED AT 6860 INDIAN CREEK DRIVE, FOR A
PERIOD OF FIVE (5) YEARS, RETROACTIVELY COMMENCING ON MAY
17, 2007, AND ENDING ON MAY 17, 2012
WHEREAS, on July 10, 2002, the .City executed Sovereignty Submerged Lands
Lease No. 130037916 with the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida (the "Trustees" and the "Lessor"), as recorded in Official Record
Book 21098, Pages 2876 through 2885, of the Public Records of Miami Dade County,
Florida, for the operation of the docking facility adjacent to the Police Substation, located at
6860 Indian Creek Drive; and
WHEREAS, said Sovereignty Submerged Lands Lease No. 130037916 was for a
five (5) yearterm which commenced on May 17, 2002, and expired on May 16, 2007; with
renewal of said Lease being at the sole option of the Lessor; and
WHEREAS, the City and the Lessor have agreed to renew said 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 any future renewals at
the sole option of the Lessor.
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 hereby approve and authorize the City Manager and City Clerk to execute
Sovereignty Submerged Lands Lease No. 130037916 Renewal Modification between the
City and the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, for the docking facility adjacent to the Police Substation, located at 6860 Indian
Creek Drive, for a period of five (5) years retroactively commencing on May 17, 2007, and
ending on May 17, 2012.
PASSED AND ADOPTED THIS 16th day of April , 2008.
Attest:
~~~ ~~
Robert Parcher, CITY CLERK
JMG:TH:ACV:rIr
atti errera Bow ~
F13RM & GUAGE
& FOR EXECUTION
3~~
F:\ECON\$ALLIASSETISTATE OF FLORIDA\POLICESUBSTATIONSUBMERGEDLANDLEASE.RES.DOC ~'"
Condensed Title:
A Resolution approving and authorizing the execution ofthe Sovereignty Submerged Lands Lease No.
130037916 located at the Police Substation, 6860 Indian Creek Drive.
COMMISSION ITEM SUMMARY
intended outcome
Increase resident rating of public safety services.
Supporting Data (Surveys, Environmental Scan, etc.): The quality of City ocean
rescue/lifeguard/beach patrol is essential to the safety of residents, businesses and visitors: 92% of
residents rated overall quality as excellent or good.
Shall the City Commission authorize the execution of the Sovereignty Submerged Lands Lease No.
130037916 located at the Police Substation, 6860 Indian Creek Drive?
Issue•
item summa iRecommendation:
On July 10, 2002, the City executed Submerged Lands Lease No. 130037916 with the State of Florida for
the operation of the docking facility adjacent to the Police Substation, located at 6860 Indian Creek Drive
(attachment 1). The Submerged Lands Lease was for a five (5) year term commencing on May 17, 2002,
and expiring May 16, 2007; with renewal of the Lease the sole option of the State of Florida.
The City and the State of Florida have agreed to renew the lease, as modified to reflect a reduction in the
square footage, for a term of five (5) years, retroactively commencing on May 17, 2007, and ending on May
1 b, 2012, with any future renewals at the sole option of the State of Florida. 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 hurricane affected the number of docks and it has been reviewed to continue to be
sufficient for the sole use of Marine Patrol.
There is no cost to the Ci as there are no rental fees related to this submer ed lands lease.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 N/A
2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Ana Cecilia Velasco, Asset Manager x 6727
Si n-Offs•
T:\AGE N DA\2008\Apnl 16\Consent\PoliceS
Department Director sistant C' Manager City Ma ger
ACV TH JMG
iauomergea uana~ease.sum.ooc
/~ (~ ~~ ~ AGEWDA ITEM C 7
~/ ` naT~ ~1-/6,0
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Mem rs of th City Co fission
FROM: Jorge M. Gonzalez, City Manager ~a!'
DATE: April 16, 2008
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH APPROVING AND AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE SOVEREIGNTY SUBMERGED LANDS LEASE
NO. 130037916 RENEWAL MODIFICATION BETWEEN THE CITY AND THE
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA, FOR THE DOCKING FACILITYADJACENT TO
THE POLICE SUBSTATION, LOCATED AT 6860 INDIAN CREEK DRIVE, FOR
A PERIOD OF FIVE (5) YEARS, RETROACTIVELY COMMENCING ON MAY
17, 2007, AND ENDING ON MAY 1b, 2012,
ADMINISTRATION RECOMMENDATION
Staff recommends that the City approve and authorize the execution of the Sovereignty
Submerged Lands Lease.
KEY INTENDED OUTCOME SUPPORTED
Increase resident rating of public safety services.
ANALYSIS
On July 10, 2002, the City executed Sovereignty Submerged Lands Lease No. 130037916 with
the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the
operation of the docking facility adjacent to the Police Substation, located at 6860 Indian Creek
Drive (attachment 1). The Sovereignty Submerged Lands Lease No.130037916 was for a five (5)
year term which commenced on May 17, 2002, and expired on May 16, 2007; with renewal of
said Lease being at the sole option of the State of Florida Department of Environmental
Protection, Lessor.
The City and the Lessor have agreed to renew said 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 1,6, 2012, with any future renewals at the sole option of the Lessor (attachment 2).
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. There are no rental fees related to this submerged
lands lease.
The reduction in the number of docks is an outcome of property destruction from past Hurricanes
and extreme weather conditions. It has been determined that the current numbers of remaining
docks are sufficient for the intended and exclusive use of the Marine Patrol.
CONCLUSION
The Administration recommends that the City approve the Submerged Lands Lease as modified.
JMG/TH/acv
T.~IAGENDA120081April 181ConsentlPoliceSubstationSubmergedLandLease.mem. doc
ATTACHMENTI
Florida Department of Charlie Crist
Governor
Environmental Protection Jet~'lottkamp
Marjory Stoneman Douglas Building Lt. Governor
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 Michael ~'. Sole
Secretar;~
March 19, 2008
City of Miami Beach
Roberto Reboso
1700 Convention Center Drive
Miami Beach, Florida 33419
RE: BOT File No.:130037916
Lessee: City of Miami Beach, Florida
Dear Mr. Gonzalez:
Enclosed is a lease instrument, which requires acceptance by your notarized signature (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 24.115(4), Florida Statutes.
Please execute and return the enclosed instrument/documents and any additional information requested within 30 days after
receipt of this letter. Upon receipt and acceptance, we will transmit the lease instrument for final 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. 38348 for $525.00, 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 fees 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, assignments (name changes), and modifications 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,
Ta a j. wis
Government Operations Consultant I
Bureau of Public Land Administration
Division of State Lands
msj/tjl
Enclosures: Lease Instrument, Billing Information Form, Invoice # 38348
By certified mail
"r'~for~ Protecticu2, less F'roccss "
stis~~ir. de~..statc.fl. t~s
This Instrument Prepazed By:
Taurean J. Lewis
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 RENEWAL
MODIFICATION TO REDUCE SQUARE FOOTAGE
AND REFLECT CURRENT STRUCTURES
BOT No. 130037916
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WiTNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the
faithful and titnely 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 I 1
Township 53 South Range 42 East, in Indian Creek.
Miami-Dade County, containing 10.515 square feet,
more or less, as is more particularly described and shown
on Attachment A, dated January 24, 2008.
TO HAVE THE USE OF the hereinabove described premises from Mav 17.2007 the effective date of this modified
lease renewal, through Mav 17.2012 the expiration date of this modified lease renewal. The terms and conditions on and for
which this modified lease renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 4-slip dockin¢ facility exclusively to be used
for moorine of oolice 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, ifapplicable, and the Lessor's written authorization in the form ofa modified lease, the payment of
additional fees, ifapplicable, and, ifapplicable, the removal of any structures which may no longer qualify for authorization
underthe modified lease.
(02-29j
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 further 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 term 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 maybe
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 ofthe 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 this lease renewal, 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 renewal which include, but aze not limited to, payment of all fees
and/or penalty assessments incurred prior to such act.
5. ASSIGNMENT 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 injury 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 party hereto, as provided in Section 768.28; Florida Statutes, as amended from time
to time, or any other law pcoviding limitations on claims.
7. VENUE: Lessee waives venue as to any litigation azising 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. NOTICES/COMPLIANCE/TERMINATION• 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 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. All costs and attotneys' fees incurred by the Lessor to 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 BEACH
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 aze now or may be hereafter lawfully assessed and levied against the subject property during the effective
period of this lease renewal.
10. 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.
Page 2 of 12 Pages
Sovereignty Submerged Lands Lease No. 130037916
I l • 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 shall 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 placazd 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
ofthis 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 ofthis lease renewal all permission ganted hereunder
shall cease and terminate.
15. RENEWAL PROVISIONS: Renewal ofthis 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 terms ofthis 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 term of any renewal granted by the Lessor shall commence on the last
day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a
renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its
expense. The obligation to remove all structures authorized herein upon termination ofthis 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 Lessee's successors in title or successors in interest.
16. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation ofthis lease renewal, 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.
17. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred 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 (I 0) 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 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 competentjurisdiction 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 ofthis lease renewal ageement and shall be grounds for immediate termination ofthis lease renewal
agreement ai 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 ofthis 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 lift does not increase
the mooring capacity of the facility.
21. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR
STRUCTURAL REPAIRS• No permanent or temporary signs dvected to the boating public advertising the sale of alcoholic
beverages shall be erected or placed within the leased premises. No restaurant or dining activities aze to occur within the leased
premises. The 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 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 shalt subject the Lessee to administrative fines under Chapter
18-14, Florida Administrative Code. This condition does not apply to minor structural repairs requved 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. ACOE AUTHORIZATION• Prior to commencement 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
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.
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 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 termination
ofthis 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 of ten (10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one (I) ofthis lease, in no event shall such "liveaboazd" status exceed six (6) months within any
twelve (12) month period, nor shall any such vessel constitute a legal or primary residence.
25. GAMBLING VESSELS: During the term ofthis 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 forei~rt country or waters
Page 4 of 12 Pages
Sovereignty Submerged Lands Lease No. 130037916
WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature (SEAL)
BY:
Print/Type Name of Witness Jeffery M. Gentry, Operations and Management Consultant
Manager, Bureau of Public Land Administration,
Division of State Lands, State of Florida Department of
Original Signature Environmental Protection, as agent for and on behalf of the Board
of Trustees of the Intemal Improvement Trust Fund of the State
of Florida
Printll'ype Name of Witness
STATE OF FLORIDA "LESSOR"
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of
20
by
Jeffery M. Gentry Ocerations and Mana ,
~
eement Consultant Manaeer Bureau of Public Land Administration Division of State
Lands. State of Flonda De artment of Environmental Protection as agent for and on behalf of the Board of Trustees of the
Internal Imnrovement Trust Fund of the State of Florida. He is personally known to me.
APPROVED AS TO FORM AND LEGA LITY:
Notary Public, State of Florida
DEP Attorney
Printed, Typed or Stamped Name
My Commission Expves:
Commission/Serial No.
WITNESSES: Ciri of Miami Beach. Florida (SEAL1
Or~gmal Signature BY:
Ongtnal Srgnature of Executing Authority
Typed/Prmted Name of W fitness Joffe M. Gonzalez
Typed/Pnnted Name of Executing Authority
Original Signature Citv Manaeer
Tale of Executing Authority
Typed/Printed Name of Witness "LESSEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2008
by Joree M. Gonzalez as Citv Manaeer. 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
Commission/Serial
Printed, Typed or Stamped Name
Page 5 of 12 Pages
Sovereignty Submerged Land Lease No. 130037916
q~Y
~C4'SN'JiQ7~t~7ll
M k
~
~ ~
°
ti
g
R
c.
,
~ -,. - _ y._
~ .
~~
-
`~
• ~ 1518Rtl
2x ~e _
~,t ((~,
~
~~ e
S
~
~~~
~ r '
l
~
1 x
~
i
~~ ~~ } ~
~
1
f
II
nn""
II ~
l
i
~ - ~r :
~~
/
f7dal
~' °~ ~
- a f
-
~
`
~ ~
l~
/ G 5 7 ~ X17 {{
1 ~ ~
~ - ~I -~
__ _. ___ -"~ _
~
~,~,/s, ,-~,
' ~ +
~
~ ~
~~
a
~•
z
~ ~ CIO
• i
~
~
~ "'a5
~
8
f
„
~:~, ~ ~ I -
. ~ 1
~ s-;
t
~. ~
~ +0i~1 S'r~d y ~"" r ' ~ ~. I Pnt1t ~
-- ,--
_- ~~
~ ~ ~ r
~~ f _,, -
~~ ter;
~ -
k~ ~ r° _ 1'~ _1
_ _
~ V~
~
b
,
~
e J
~ f~`\~1
~ ~ ~
~f _ t
_
~ ` ~ ~ ~ t
SE~~ UAt~F
I SQL
l '~'
~
i~
~ k t ~
-- 3 ~ _
u ~ ~~..
t RY
~Y
As n IK ~ n ~ ~
k
~ a
J.1
r-=-----------'
l
9 ~ ~~
~ ~ ~
I
~
~'~~~i
r ~ ~ I
- 3
~
4 ~ -~
~ f ~
f
e ~f~ N
!~~
~ ~ 31
...
~ -1 ~~
` ~ I
~
-
`~ T- • t }
i
1
0 0.3 0:6 0.9 1.2 1.5 km ~~
0 0.2
0.4 0.6 0.8 1 mi G
t••1=-5.704
G=0.376
Section ~ ~
Township 53S
Range 42E
Attachment A
Page 6 of 12 Pages
SSLL No. 130037916
~~~
k 88th ~~T k
i
1 ~ ~ W
Z~
1 ~ ' ' p
t
~~
~y
L
~~~~ 3 by
LOCATION ~ 0 4
OF SURVEY '~ `
LOCATION SKETCH City of Miami Beach
scale: ~"-~~~ 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 particullariy 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.
~:
~~~
6E~
:~
ga
~~
in
~~
0
~°
~w
O~
U
°~g
o~
~_
~~
~~
oq
~U
8~
Attachment A
Page 7 of 12 Pages
SSLL No. 130037916
LEGEND •
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
~ PROPERTY LINE
P.0.8. POINT OF BEGINNING
P.O.C. POINT OF COMMENCE
P.P. POWER POLE
R/W RIGHT-OF-WAY
SWK. SIDEWALK
DM WATER METER
W. V. WATER VALVE
D CENTRAL ANGLE
SUL SAFE UPLAND LINE
L ARC LENGTH
ea ELECTRIC BOX
pW MONITORING WELL
~ STREET LIGHT
~ TRAFFIC LT. POLE
WOOD FENCE
CAL. CALCULATED
F.F. FINISH FLOOR ELEVATION
M.D.C.R. MIAMI-0ADE COUNTY RECORDS
GRASS AREA
DENOTES EXISTING ELEVATION
REC. RECORD DISTANCE OR ANGLE
MEAS. MEASURED DISTANCE OR ANGLE
® TRAFFIC LIGTH PULL BOX
® TELEPHONE PULL BOX
EO ELECTRIC MANHOLE
® CATCH BASIN TYPE F
® STORM MANHOLE
SURVEYOR NOTES:
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-0F-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 FE N CH SIDE S
100% SEAWALL.
JAN 3 (- ;,;;<<
d7f Pl of ElJY P~UTECTICsP§
I HEREBY CERTIFY: That this "SPECIFIC PURPOSE SURVEY" is corre~~Sr~~~~~F-(~~6'°},Ainimum
Techinical Standards for Land Surveying in the State Forida 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 Il~j:fE~~A~~MP~j(~NT TRUST FUND
OF THE STATE OF FLORIDA ~ • •GL~ • •~g ,• •;~,
~ J ~ jr ~'
y~ ,
1/24/08
DATE
~~Q
~~
.:q
~4
@~
e~.
gi
~~
'~ .
~~
wYw
GW
S°
os
wo
W
~ ii
N
li m
~%
~~
ii
f~
~~
.?
~``~
Attachment A
Page 8 of 12 Pages
SSLL No. 130037916
w ~ ~e
_
e ~ sh ~
i ~ 6
~~~ Z
~~ S ~~
0 ) ~ J
~
~ 0 ~ `.~ ~
9 i\ \~~~ \ 1~~~`~r I
\
`
A!~
I
~ I I
.i
I
i !!1
~ ~ eg\ ~ I
~
\ S
E \ I I ~ ~~~~
~
~ ) ~ I ~,
~. i43 ~ T~\ .~ ~
+
~''R
*
~ g
!
~ C
a~
~
1i pyy
i~~59
I I '-~ ~•i ~
I ~ ~ 3
~
~~ ~ '' i ~
~i ~ ~i ~ I ~ ` B~
~~~
a~R~
s
~ 1~ I
I I
b T
_
'~'O '4Tj i ~ I R
i
~
~ ~ x=
! ~ I I
j
~ RIPAPoAN LBIE
~ RNa*
/ . p
( I ;y,"c;:A ` ~aci~ ~ ~~ I
~I I ...Vr., ,.
I
~
t UI as
v I
i I ~ ~' ~ I j
I ~
~
' ~
a q
8
>
/
/
'~a,,h, ~ ~
~~ ~
I ~
I: ~ ~ ~
W
R~ ~'ti '
~r ~ I ~
r
~
' ~
~
I~
9
I
~ i ~
I z
~W
.
tea'
•
.w ¢ i i
~ g
°' ~~
o ~
t ;, ~ ~ ,,~ , P~T P ~pN ~ I i I
~ = ~
~ + ~
SVB se" ~ ~ 1 ~ I i
j
I ° m
~ I ~ ~ BS
iI
4 ~ I
~
1 ~~ ~
~ `'s g~
i
+~
I ~
~ ~
,~ ~ I ~
~ I ~ ~•
Y
moo`
~ ~,' `
~~ ~
TA
`
I ~ I `
•, O
~'.
I
~ ? . ~
w •]
~a!
!
! ¢`:•~,.
~
,-~~
Attachment A
Page 9 of 12 Pages
SSLL No. 13()037916
Attachment A
Page 10 of 12 Pages
SSLL No. 130037916
. /~:
wARRANTy D[[D
Ir11e11 cMreeAtwa to wllro[AtleRl -AKO'a toot R. !. alts -AKO -Vai.la"INe t011-ORAt10N
MIAMI ii, IL0111DA
ll11113 ~1t~PY(~jl'p. Made tbls_- 3rd .t y oE__Jla'1Rr
A. D. 191
BETWEEN BLUE OCEAN VILLAS INC a Florida cot orat on
t~T ezistfng under the laws of the State of Florida a C07P°htim
i-~ ---, havlag ib Principal Place of
busineu in the County of Dade
-____~d State of Florida
end htwfully authorized to trewaet business in the State of Florida, party of the first part, and
CITY OF $ I B C
a corporate°° eddting ender the laws of the State of Florida
prlndpel place of badness in the County of h" "i"6 ib
Dada - d Sete of Florida
e"d hwfully authorized to bassact business in the Slate of
Florida' party of the seeoad Part.
WITNESSETH: That the said party of the first
Ten~Dollare and other ood ~ ~~ f~ ~ iD ~~aHon of the q~ ~
and valuable consideration
to !t in hand paid by the sold party of Ithe second Part; the reset t
p whereof 4 hereby aclmt/rvledged,
has granted,"bargained sari cold to the aeid Party of the second park its suoeessars and eolgm farev~,
~ the following deeribed land situate, lying and being in the ~~~, Df Dade
~ d State of Florida, to-wit: k"
That portion of Lot One (1) thro
ATLANTIC HBIOHT3 as shown on theuoorrected Plat thereof,k recorded in
Plat Book 9, page 14, of the public records of Dade County, F10rida,
avid portion being more fully described as Talloxe;
•Begin at the northeasterly corner of Lqt thre (1) in Block "N" of
ATLANTIC HSIOHT3; thence .run southesaterl along the northeasterly,
line of avid Block "N" e d stance oi' Three Hundred Sloven and Fifty-
nlne one=hundredths (311.5) feet to the point oP curvature of a
ourva having a radius of Twenty (20) feet, aeid curve being at the
eoutheeaterly corner of Lot Six (Ei) in said Block aNa; thence trio
along said curve deflecting to the right to a point, said point being
Nine (9) feet eouthweaterly of the northeasterly line of said Hlock
"N" produoed southeasterly, said.Nine (9) feet being 'measured at right
angles to the northeasterly line oT aeid Block " "
easterly; thanae run northwesterly along a atraiN ' Produced aouth-
and Nine (9) feet eouthweaterly of.the.northeaeterl line parallel to I
Block "N" to a point on the northwsaterl y.lltie.oS aeid
said Nine (9) feet being measured at ri ytlanelea toith~northeanter-
ly line of said Block ^N"; thence run northwesterly along a att"aieht
line to a point on the southeasterly line ,of Lot Two (2) o]f"said
Block ^N", aeid point being Ten (10) faet:aouthrreaterly of the north-
easterly line of said Block "N" apd"measured at right angles to the
northeasterly line oP aeid Block N thence run northeasterly along
n line parallel to end tan (10) feet eouthweaterly of rtes northeaster
ly line of said Block "N" to a point on the northerly line of Lot Otte
(1j of said Bltiok N , thence run easterly along the northerly lino o~
eaid_Lpt One (1) to the northeasterly lit}e of aeid Block "g",
Aad the said party of the (int part does hereby fully warrant the dde m said load, and wHl defeed
the same against the kwful daLas ~ all personi wLomscever.
Attachment B
Page 11 of 12 Pages
SSLL No.13003Z91G
'seaic~~R2 ra~~~.~. ~,_.._ .. .
IN WITNESS WIiEAEOF, the said party of the first part Las tamed these presents-to be'dgned3n
Its name by Ih proper officers, and its corporate seal to be affixed, attested b3' Its Secretary, the day and
year above written. „-.~ _-- _ ,,dL _ _~Y_
- .. ~4 UI3ITID $TATliS /.F1 MASHY ~ ~ ~. `~ a
.-' - , CTP7C Ar1I} FaOVIllfa; U1± 1:1.~Ii-tilt ~ SS : : n ; .' so ~ °j
I IIEAEBY CEATIFY,~that on tht.' 3rr1- _day eF .. 'Ti,~tt ____ y'A'•j'j~~~~,•* „` -
before me personally appeareFt -- ----- - ----------- ----- .
a®mr J P RENr'r'OA T'-esldmt ~x~ ~
-_- L'L!T' QCEAN Vn.i.eg rtx • caporatloa under the Lws ~
the Sggtate of ''`~ SuL'A ~ +~• to me brown to be the persons wbo signed the fore-
dadeea ar su.. e6t aE au~e '~ Y, aeknowleagea the e:eentlon thereof to be thdr free act
ofal seal of said ilo~~{ ~: ~ therein mentioned and that fey affixed thereto the
r ,.~~~ Hitt' ~ ~ estrum h the and deed of said e(o~rporaN~. /
WTfNESS my d~a`1,tir~~autdtdEfleW s&o~ 1 \ _
.:;t~: .
the t16iBitgg614__ "<;
e day aal year last ~,~~ ~a. ''''~' '" .
- - . ~~'4y,.....wv of ? N[ llOCfFET(dt+' ere
u .sF. t.. .. ~.lS_~
~~ 5 ° ~
0 ryy
P ~ ~ hU
5 ~M 8. o ~
xa
\~ ~ R xC
r=n~ ~~ mss, ~
.. e'
~~~~~ ~~.
., ~
~~ ~f . ~,
1
/•'"
~3
~~'s/
,•L_
`!ri CMIK OF 78F D
` !~ W
l
C
~ ~
o
t
~ ~ •
~ ~ ~
~~
w
Y
~ X
Q
z ~ ~ ~
ty
O
X
FR
w ~
• ~.
:._
:-T1
~ ~
O
y
rr-+
O ~ ~ C ... .
`Ja
.m y ~S rn
T2
Y Gi ~
_• Q
IV ;
~O ,
G
c
a
:~:
~^
V
Attaciunenl B
Page 12 of 12 Pages
SSLL No. 13W37916
OFf. AEC BK.
~- 2~098P6287b
This Instrtmtent Prepared By:
Flank Votra
Recmrirrg Revenue Section
Bureau of Public Laud Administration
3900 Cornmonweahh Boulevard
Mail Station No.125
Ta[hthassee, Florida 32399
~3fi1?Sdd~' 2~3 iIAR i4 n9:45
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL
No. 131)037916
THIS LEASE is hereby issued by the Board aFTntstees ofthe Internal ]mprovemettt Trust Fund of the State of
Florida, bereirurfter referred to as the lessor.
WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all
terms and conditions stated herein, the Lessor does hereby lease to City of Miami Bexh. Florida ,hereinafter referred to as the
Lessee, the sovereigo lands descn-bed as follows:
A part;el of sovereign submerged land in Section L
Township Ste, Range 42 East in Indian Creek. Biscayne Bey,
Mmmi-Dade County, txxrtaining 17.120 square feet, more or less,
as is more particularly descn"bed and shown on Attachment A,
dated Mav 31.2002.
TO HAVE THE USE OF the hereinabove described premises for a period of S years from Mav 17.2002, the
effective date of this kese. The terms and conditions on and for which this kale is gtanted are es follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate as existine mtrnir~'pal docking
exchtsively to be toed for moorine of ggiice and municipal city owned vessels in conjunction with an upland police
without fuefmg facilities, v„~ a sevrage ptunpout facility if it meets the regulatory requirements of the Department of
Environmental Protection or local authority, whichever entity applies the more stringent criteria, and without liveaboards as
defined in paragraph 24, as shown aad coaditioaed in Attachment A. All of the foregoing subject to the remaining conditions
ofthis Lease.
2. AGREEMENT TO EXTENT OF USE• This lease is given to the Lessor to tLSe or occupy the teased premises only
for those activities specified herein and as wnditioned by the I?epartrtrent of Environmental Protection, Envronnxntal
Resource Permit. The Lessen sha!{ not change or add to the approved use of the leased premises as defected herein {e.g., from
contma~cial m multi-family residential, from temporary mooring to rental of wetslips, from rental of wetslips to contractual
agreement wilt dtnd party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring
of chartedtour boats, front loading/oflloading conunercial to rental of wetslips, etc.), shall not chaetge activities in any manner
that tray have an environmental impact that was not wnsidered 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 may tro longer qualify for authorization under the modified lease.
a~~
ATTACHMENT 2
[02]
, utf. REC 9K.
' a_ . 098PG2877
3. PROPERTY RIGHTS: The Lessee shall make >m claim of title or interest to said Innds hereinbefore described by
reason of the aocupaney or use thereof, anti alt tick and interest to said land hercinbeforc described is vested in the Lessor. The
Lessee is prohibited from including, or ma)ung any claim that purports to include, said lands desrnbed or the Lessee's
kssehold iaterat in said lands into any Comi of private ownership, including but not limited to any form of condominium or
woperative ownership. The Lsssee is further prohbited from making any claim, including any advertisement, that said land, or
Nie use thereof, tray be purchased, sold, or re-sold.
4. 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 rr>ay be
terminated at the option of the Lessor. Prior to sale and/or termittation of the Lessee's leasehold or fee simple title interest is
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 !eras 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 tetrrs and conditions of tliis lease which include, but are not limited to, payment of all Cees and/or
penalty assessitteats irtcucred prior to such act.
5. ASSIGNMENT OF LEASE: This leas shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly sutborized agent Such assigmnent or other transfer shall be subject to the terns, conditions
and provisions of nianagemeat standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior wrimn consent of the Lessor shall be null and void and without legal effect.
6. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate al[ claims of every
aattue at its expense. Each party is responsible for all personal injury and property damage attnbutable to the negligent acts or
omissions of that party and the officers, employees and agents thereof: Nothing herein shall be cortsfztred as an indemnity or a
waiver of sovereign immunity enjoyed by nay party hereto, as provided in Section 768.28, Florida Statutes, as aaxnded from
titres to tirrte, or any other law providing Umitations on claims.
7. EN ~ Lessee waives venue as to any litigation arising from matters relating to this lease and nay such
litigation between Lessor and Lessee shelf be initiated and maiataiiud only is Leon County, Florida.
8. NOTICES/COMPLIANCEJfERM1NATiON: 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 Covenariu of the Lessee, it
siiccGasors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions hereto set forth, or
is the event the Lessee violates any of the provision and conditions herein, or fails or refuses to comply with the provisions
and conditions herein set forth withi» 24 days of receipt of the Lessor's notice to conctx, this lease may be terminated by the
Lessor ttpoa !betty (30) days written notice to Lessee. If caruekd, all of the above-described parcel of land shall revert to the
Lessor. All costs sad attorneys' fees incurred by the Lessor to enforce lire provisions of this lease shall be paid by the Lessee.
AU notices required to be given to the Lessee by this lease or applicable law or administrative tvks shall be rutlicient if sent by
U.S. Mail to the following addms:
CityofMiarni Beach
1100 Convention Center Drive
Meami Beach, FL 33139
The Lessee shall mtify rite Lessor by cenif ed maiI of any change to this address at least ten (10) days before the change is
effective.
9. TAXES AND ASSESSMENTS: The Lessee shall assurne all responsibility for liabilities that accrue to the subject
property or to the improvements thereon, including any and all drainage or special assessme»ts or taxes oC every kind and
description which arc now or may be hereafter lawfiilly assessed and levied against the rubject property during the effective
period of this least.
10. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not pemiit the leased premises or any pan thereof
to be used or occupied for arty ptirptue or business other than herein specified unless such proposed ttse and occupancy are
coiuaited to by the Lessor aril the lease is modified accordingly, nor shall Lessee knowingly pemiit or suffer any nuisances or
rllegal operations of nay kind on the leased premises.
Page ~ of j,Q Pages
Sovereignty Submerged Lands Lease No. 130037916
• urr.BEC 8K.
~~ ' ~ ~ ' ~ 898PG2878
11. MAiN1'ENANCE OF FACILITY/Ri 1I'f TO INSPECT The Lessee shall trrtintain the leased premises in good
condition, keeping the structures anti equipment locaud thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or pier shall be constructed in any manner that would cause harm to aildlitc. The leased premises shall
be subject to inspection by the Lessor or its desigtrated 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 or upon lands adjacent to and used as an adjunct of the leased area. During the (case tertrr, the Ltsscc shall
P°S< and maintain the placard furnished to the Lessee by ilte Lessor in a prominent and visible location on the leased premises
or adjecem business office of the Lessee. It shall be the responsibility of the Lessee to post the placard is a manner which will
provide protection from the elements, and, in the everrc that said placard becomes illegible at any time during the term of this
Lease (including any extensions thereof), to notify We 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 operau as a discharge thereof or
render the sarrx 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. PERMiSSI~N Gltat~n• Upon expiration or carrccllatian of this lease all permission granted hereunder shall
cease anti tenniaate.
15. RENEWAL PROVISIONS• Renewal of this lease shall be at the sole option of the Lessor Such renewal steal! be
subject to the terrsrs, cotdidans and provisions of management standards and applicable laws. rules a~ regulations in effect at
that time. 7n the event that Lessee is in full compliance with the lamas of this lease, the Lessee may apply in writing for a
tsnewal. Stroh application for renewal tmrst be mewed by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current urln hereof. The term of any renewal granted by the Lessor shall commence on
ffie hrst day of the previous lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not
great a renewal, the Lessee shall vacate the leased premises and remove ail stnrdures and equipment occupying and erected
thereon at ib expense. The obligation to remove all structures authorized herein upon termination of this lease shall comtituu
as affumadve covem~ upon the riparian upland properly more specifically described in Attachment ~, which shall tun with
the title to said riparian upland property, and shall be binding upon Lessee and Lessee's suxessors in title or successors in
iaurest.
16. REMOVAL OF c'rttt trrt roFS~ADMINISTRATIVE FINES If Ux Lessee does not remove said structures and
equiptuatt otxupyrog std ended upon the leased premises aRer expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited W the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
trod equrparent after ten (IO) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
8 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
stmcpres and the right to impose admirdsnadve fuzes.
17. REMOVAL COS7'S/LiFN ON RIPARIAN UPLAND PROPERTY Any costs incurred by the Lessor in removal
of any strtredrres and equrprrteat constructed or maintained on state lands shall be paid by Lessee and aoy unpaid costs and
expenses shalt constitute a lien upon the inurest of the Lessee in its riparian upland property enforceable in summary
proceedings as provided by Law.
Ig. RECORDATION OF LEASE• The Lessee, at its own expetue, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourlern { 14) days after meip; and
shall provide to the Lessor within ten { 10) days following the mordntion a copy of the morded least in its entirety which
contains the O.R. Book and pages at which the lease is morded.
Paged of}0 Pages
Sovereignty Submerged Lands Lease Na 1300 7916
6FF BEC 81t.
21098PG2879
19. )ZI?ARIAN 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 intedererrce or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall eoastitute a material breach of this lease agreement and shall be grounds for immediate temrination of this lease
agreement at the option of the Lessor.
20. AMENDMEN'CS/MODiFiCATIONS This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this tease must be in writing, trout be accepted, acknowledged
and executed by the Lessee and Lessor, and ttrust comply with the rules and statues in existence at the tithe of the execution of
the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the
Lesser may install boatliRs within the leased premises without formal modification of the lease provided that (a) the Lessee
obtains any state or local regulatory permit that rtray be required; and (b) the location or size of the lift does not increase the
rriooting capacity of the facility.
21.' pgVF~ .SEr~fEN'T/SI NSMON WATER DEPENDENTACf1VITIES/ADDITIONAL
ACTIVITIESlMINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public
advertising the sate of alwholic beverages shalt be erected or placed within the teased arcs. No restattrant or dining activities
are to occur within the leased area. The Lessee shall ettsrue that no permanent, temporary or Boating structures, fences, docks,
pilings ar any structures whose trse is notwater-deperdent shall be erected or conducted over sovereignty subrrxrged lands
without prior written consent from the Lessor. No addidorial structures and/or activities including dredging,
relocadodrealigoment ormajorrepairs or renovations to authorized structures, shall be erected or conducted on or over
sovereignty, submerged iai~s wihout prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities of struetrucs shall be considered utrautharized and a violation of Chapter 253, Florida Statutes, and shall
subject the Lessee to administrative fixes under Chapter 18-14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized sauctttres in a good state oCrepair in the interests oFpublic health,
safety or welfare; provided, bowever, that such activities shall not exceed the activities authorized by this agreement.
22. ACOE AUTHOR[7AT10N: Prior to commenrxmerrt of construction and/or activities sudrotized herein, the
Lessee shag obtain the U.S. Awry Corps of Eagiireers (ACOE) permit if it is required by the ACOE. Any modifications to the
constrncdoa and/or activities authorized herein that may be required by the ACOE shall require cotuidemtioa by and the prior
written approval of the Lessor prior to the eotmneacement of construction and/or any activities an sovereign, subnicrged Iands.
23. COMPLIANCE WI'T'H FLORIDA ItAWS: On or in coajttnctioa with the use of thr: leased premises, the Lessee
shall at all times comply widr all Florida Statutes and all administrative rules prorrarigated thereunder. Any unlawful activity
which Dears on the leased premises ar is conjrtnction with the tree of the leased premises shall be grounds for the termination
of this tease by the Lessor.
24. LiVEABOARDS: The tetra "liveaboard" is defured as a vessel docked at the facility and inhabhed by a person or
persons for any frve(~ consecutive days or a total of ten(10) days within a thirty(30) day period. If liveaboards are authorized
by paragraph Due(l) of this lease, in no event shall such "liveabaard" status exceed six(6) months within any tavetve(12) month
period, nor shall any such vessel constitute a legal or primary residence.
25. GAMBLING VESSELS: During the term of this (ease and any renewals, extensions, triodifications ar
essigirrrumts thereof, Lessee shall prohibit the opemtioa of or entry onto the leased premises of gambling cruise ships, oz
vessels that are ttscd 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 watercraR used to carry passengers to and from such
gambling cruise ships.
Page 4 of]0_ Pages
Sovereigrrty Submerged Lands Lease No.1~OQ3~916
~~~ ~
' Stgnatim
Pnntll'ype Name of Witness
Signa c
d
PtinVfype N of Witness
STATE OF FLORIDA
COUNTY OF LEON
t
The foregoing imtrttmenl was
BOARD OF TRUSTEES OF _ ..:INTERNAL ' y
A1PR0 TRUST FUND OF THE STATE ..: •::~:..:~~.: .
OFFLO
BY: r . ' '~ '~' ~i
* lions and gemenrConstdiont--
Manager, Bureau oCPublic Land Administratiott~'., ~ .
Division of State Lands, Departirrnt of Enviromnemtak,, . .;,. °3
Protection, as agent for arrd on behalf of the Board'of'T~teeso'`f"
the httemat lmprovenxnt Trust Fund of the State of Florida . , '
* ~I~ ~ E~altra
of the State ofFlorida. He is personally imowa to trre.
APPRO AS TO FORM LEGALITY;
~.
DEP Attorney
~.Q.~, by
Printed, Typed or Stamped Name
"" Flosrna L Dank
My Cwnntissioa Expires: ~~~~ MYOOIbo 112otQ/~ ~g
IOItQEDnWIMCfMIMARANCF NC
CotnmissiodSeriai No.
w!'fNESSES' Citv of Miami Beach Florida
~l
O~ri Signature BY: ~ ems- o ~
~YR~c~~F ~,~~ r.~Qs
Ts~P:intea Name ofw; 7oree M• GO1~~
TypedlPrmted Name of Executing Authority
~~ 5~--- City Manager
Title of Executimg Authonty
L~ ~s+t:'~. ~~
1~podlPrinted Name of Witness "LESSEE„
STATE OF FtoA IDA
COUNTY OF_I,/11AIWt-d4DF
~•' The foregoing inswntrnt was at:lrnowledged before the this I O day of r r r t_Y Mpg„
~Jorae M C~+++~+rea ~ g'ty, Manager, for and on behalf oFCity of Miami Beach Fl~+~a. He is lI wn
Produced ^" Pe~Y Imo ~,to me or who
as idcntificatioa.
MY Commis s; LISA G D1XON '
-t~rcoo.mwaxsraros -
~wra~ ~::osner~om +~ Public, State of Fr_q
a
CommissioalSerisl No. L15A C . 1]r x~~t
~~~ TYPE or Stamped Name
"LESSOR"
Page ~ of,~Q Pages
Sovereignty Suba>crged tend Lease No. 1 a 3 916
Notary Public, State of Flonda
21098PG2880
61340 Indian Creek R f
Miami Beach, FL
33141-3831, US
Attachment A
Pie C_, of 10 Pages
$SLL No 7 3003 91 G
o~ aEC ea.
•.• •~ 21098PG2882
A PARCEL OF SUBMERGED , SOVEREtGNiY 11WD IN INDIAN CREEK, BISCAYNE
BAY, IN SECTION 11 TOWNSHIP 53 SOUTH. RANGE 42 EAST, OADE COUNTY, ~--
i FLORIDA, MORE PARTICULARLY DESCRIBED AS FOL.IOWS:
COMMENCING AT A CORNER OF A CONCRETE BULKHEAD 80UND IN AN
EASTERLY UNE AND MARKING THE SOUTHWESTERLY CORNER OF LOT 6,
BLOCK M7693, AND MARKING THE SUTHFASTERLY CORNER OF SUBMERGED
LANDS HEREBY DESCRIBED AS THE POINT OF BEGlNNiNG.;
THENCE RUN ALONG A WESTERLY UNE PARALLEL tN DIRECTION WITH THE
SOUTH MOST BOUNDARY LINE OF LOT 6. 64 FEET; THENCE TURNING A
DEFLECTION ANGLE OF 56'30' TO THE RIGHT ALONG THE SUBMERGED
LANDS OF INDIAN CREEK 188 FEET; THENCE TURNING A OEFl~CTiON ANGLE
OF 90'' TO THE RIGHT, ALONG THE SUBMERGED LANDS OF INDIAN CREEK,
83 FEET MORE OR LESS, TO A CONCRETE BULKHEAD IN THE WEST MOST
BOUNDARY OF LOT 1 OF THE LANDS OF THE CITY OF MIAMI BEACH. 220
FEET. MORE OR LESS. TO A CORNER OF A CONCRETE OF A CONCRETE
BULKHEAD IN THE BOUNDARY OF LOT S OF THE LANDS OF THE CITY OF
MIAMI BEACH; THENCE SOUTHWESTERLY ALONG THE WEST MOST BOUNDARY
OF LOT 6, 34.97 FEET TO
THE POINT OF BEGINNING.
CONTAINING 17,120 SQUARE FEET MORE OR LESS.
Attachment A
Page ~ of 10 Pages
SSt.I. Ho. 130037916
I ',
EDGE OF RIP-~`
RAP PILE
\ wesT Yosr-
80uNDARY
OF LOT 1
BULKHEAD
yo
~L
~~~.
~:
l098PG2883
LOTS 1-6
BLOCK M7693
\~ SHED
0
woao
FENCE
EKPDSED
RIP-RAP
POLICE
\ STATION
F'
a!
_a
v!
~!
oI
~~
~~
~!
!n
1 If!
FDEP DTNSKk1~ DOCKS
OF STATE LANDS
LEASE AREI\
X13-30-0379-TE
17120f SO FT
~'~ PARKING LOT
~ '
123'30' ~
~kA
~~
56'30'
~ ~
fi 4
r' I
(
t~ P01NT OF BEGINNING
SOUTFIVYESTERLY ZS
0°
,
GTtAPFt~ SCALE m BLOCK M7643 Z
A FOUND DRILL HOLE ~
y N
0 25 SD 1D0 No
0
LEGAL DESCRIPTION
LOCATION MAP
mATBOFF~CrtM ~
A PARCEL OF SOVEREICIAIf LAND Rr INDIAN CREEK, BISCAYNE l r°m'u Q
BAY, Oi SECTION it TOWNSHIP 53 SOUTH. RANGE 42 EAST, DADE COUNTY, s
FLORIDA, YORE PARTICLK/tRLY DESCRSED AS FOLLOWS: ? C7
BdE:° Z Z
COMMENCOiG AT A CORNER OF A CONCRETE EAJLKHEAD BOUND Oi AN °i' °'°O° °MO~
EASTERLY L1NE ANO MARKING THE 501lIHwESTERIY CORNER # LOT 6, n
BLOCK Y7693. AND MARKIUIG THE SUTHEASTERLY CORNER OF SUBMERGED rl~cnorariaN Z
LANp6 HEREBY DESCtNBEO AS THE POOTi OF SEGINWINC: ~
Q w
THENCE RUN ALONG A WESTERLY LINE PARALLEL W DIRECTION WITH THE An
NracoR~W ii
SOUTH POST 80UNDATtY UNE # LOT 6. 64 FEET; 7FIENCE 7URN01C A .
DEFLECTION ANGLE OF $6'30' TO THE RIGHT ALONG THE SUBMERGED III
LANDS # INDIAN CREEK 18B FEET: THENCE TURNING A OEFLECTK)N ANGLE „"" Z
OF 90" TO THE Rifi!•IT. ALONG THE SUBMERGED LANDS # INDUW CREEK.
~
83 FFET YORE OR LESS, TO A CONCRETE BULKHEAD Ri THE WEST IAOST CERTIFICATION : H
80UNDARY # lOT 1 OF THE LANDS OF THE CITY OF MWAI BEACH. 220
TO A COJ~R OF A CONCRETE OF A CONCRETE
FEET
MORE OR LESS f HEREBY CERTIFY THAT THE ATTACHED aW
,
.
BULKHEAD IN THE BOUNDARY OF LOT 6 OF THE !ANDS OF THE CITY # SKETCH OF DESCRIPTIQN OF THE HEREON
DESCRIBED PROPERTY TS TRUE AND
MMYI BEACH; THENCE SOUTIIWESfER1.Y ALONG THE WEST MOST BOUNDARY CORRECT TO THE BEST # h1Y
OF LOT 6. 34.97 FEET TO
THE POINT # BEGINMNG KNOWLEDGE AND BELIEF /u OEUNEATED
.
CONTAINING 17.120 SOUARE FEET MORE OR 1E55. UNDER MY DIRECTION.' 1 FtiRTI#R CERTIFY
THAT THIS SKETCH OF DESCRIPTION
~
NOTES : MEETS THE MNIGUM TECHNICAL.
~ THtS DOCUMENT HAS NOT BEEN
1 STANDARDS SET FSRTH Ni RULE ~~
.
ABSTRACTED FOR EASEMENTS, 51017-6, ADOPTED BY THE FLORIDA BY:
OWNERSHP. OR RIGHTS-0F-WAY. BOARD OF PROFESSK)NAL SURVeYORS
AND MAPPERS. PURSUANT TO FLORMA TW
2. THIS IS NOT A FTELD SURVEY; STATUTE 472.027. COWL ND.
TO ACCOMPANY LEGAL DESCRIPTION
ONLY. COASTS Pl~(WPU~dG do ~iCINEERINC. WC.
3. THIS DOCUMENT TS NOT VALID ~_ ~g,LT;
UNLESS SEALED WITH EARL SOEDER. P.S.Y. DATE
6 AN EMBOSSED SURVEYORS SFAL FLORIDA REGISTERED $URUL;OR SC65 7
I
Attachment A
Page 8 of ~ 0 Pages
`! SSLL No. '13(1037996
l
~-~.~-~
. w ro. .........-+-
~ ~r ... ~~
~~9 ~tl~[f,~iLt'rt. ldade t`-:• -~t~-~--~' J 1-. D. 19~.
llmlr 8. F!1>eSOK a ed •
of the CoanH of ~- ~ is floe State of 1F7on'de. patt.L- of t3,e Stet port. esd
OL tbo lqunty ot: fait= in the SttSe o! Flatlda, r oL tIIe axond put
14aT1't>;9SETH, That the aai8 paa~ oL the thtit p-et. far and in oapdderatten of the a>rm o!
- - - beta
~ Der :.+}~ paid by the psat.Z~ Ot the eeceud Part. tho seta{yL whereof >t hesebY
l,es`ainad and sold to tba aald parCX.- oL the saeond part,
,,3^ snCe•~ ^sad aadenti breves the tallowina; daapibed lead. e{twta it~e oad beiag !a
the fJbaat7 0* ffim__ ••a Stet! o! 3.lotlde. to~wlte
~" O A e
+~Pyl.mei~.4a„81f~n.]4_OLShn3oE~~e
r~r..A f eeA^ ae~atls~i•;j{n.t s~ aZl - --
4~
4.
I•
~:
And the atd parkit..... of the Drat pstf daoa._ Lereb7 Su1b teaerant the tiffs tti te{d le~od. and vrUl
datand the acme the Lv»bo{ eLfiae of a]] pataone whwaaoeea.
iN iIY1~3 WSSBEOP', t7.a aald part,~_ od ttr East p•~ *•• - hereeato -.• •,~•
haad.~ eaal eeet._. the dq aad 7ner ed+ara wrattsn.
91gne waled eind la P~ of m:
~~ ~ ,~ ~w~iYt~_ -LSaal)
(gW)
..... .~ ..... 9LMt _ :•SL .... vh:
l1
i
i
:1
a
:~
.~
:•
:.
1
r,
N
O
w
-v
tv
W
Attachment B
Page 9 of 10 Pages
SSLL No. 130037 16
^:
F . • «• ~~~
• ~ <<..~1' ~ Ib OQaa$~a10M {~11'tt•t
E=
yJJA LVCJi~ Mut i_~ • i
• ~ ~•
1 :h
' • t
STATE OF ~' ~ ~
Coots ~ ~ . ,
' ~ I BEBEBY CEBTIIi'Y. T6aE on tld~ dq pmaat>ly speared be<ot'a tta sa ofUar dnls sathaa~ ~.~
ised is admiot+lr oaths and et. acl~o~d~a- . pR195o1t ' t
1~
t0 CN ~ IOKh•A m h0 the ~~ da.m'bed fa aad Nho a~ecot~d t1H t~i'o~i deeds ~ ' ~'
t1u aad Vo14AtarI1T ~ the p~P~~ ~ -
7eC1ta0MlOd<Yd beLKO am ~.~ s~ ~.rrsettaA e{~ lroelY ~ 1
i .. ..
~ ,~~ .. ~!
wzzs~ss aaT oIIleW seat .
C~ aad8tabao! ~ ~ ~~ i
~ `
n~ ~ ~~
,_
~`:
~ . ~
.
`
~ ! w~
~~ ~ ~ ~
&~~
~~~~~
~~~ ~ ~ ~
~~..~ .. .
. ;. .
• . ~ y
w• -
.---
Attachment B
~ Page 10 of 10 Pages
i SSLL tJo. 130037916
~.
w
..,,
. tr,
r;~
:;~
~.xamori~m~saocx
ecoaeeo~rm.c~.
~n
FNRrY RUNN
0F30t0PG11 CA~ilC
N ~
9
. ^ C~'J
MW m
W ~
N
CA
C~