HomeMy WebLinkAboutR-01-0702J-01-134
7/09/01
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RESOLUTION NO. 01 7 0
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AU'T'HORIZING THF C'TY MANAGER TO
EXECUTE AMENDMENT NO. ] TO THE LEASE AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND GROVE HARBOUR MARINA AND
CARIBBEAN MARKETPIQACF, LLC ("GROVE HARBOUR")
DATED MARCH 12, 1999, TO PROVIDE FOR: (1) AN
AMENDMENT TO THE LEASE TERM; (2) AN AMENDMENT
TO TFE CONDITIONS PRECEDENT '1'0 TAKING
POSSESSION TO INCLUDE A SUBMERGED LANDS LEASE
FROM THE STATE OF FLORIDA AND A BUTLER ACT
DISCLAIMER; (3) MODTFICA'TION OF THE TERMS FOR
PAYMENT TO THE STATE OF FLORIDA �"N
CONSIDERATION OF THE SJBMERGED LANDS L13ASE AND
WAIVER OF DFF'D RESTRICTIONS TO PROVIDE FOR
GROVE HARBOUR TO PAY ANY AMOUNTS OWED TO THE
STATE IN EXCESS OF $47,200, COMMENCING IN LEASE
YEAR 'THREE; (4) AA' ACKNOWLEDGMENT BY THE
PARTIES OF THE TERNS AND CONDITIONS CONTAINED
IN THE SUBMERGED LANDS LEASE AND WAIVER OF DEED
RESTRICTIONS; (5) A DECREASE IN THE NUMBER OF
WET SLIPS TO BE PROVIDED IN THE MARINA; (6) THE
RETENTION OF A MARINA AND BOATYARD CONSULTANT;
(7) A PROHIBITION AGAINST ENT'ER'TAINMENT VESSELS
THAT PROVIDE GAMBLING; (8) AMENDMENT OF CERTAIN
DEFINITIONS; (9) VARIOUS AMENDMENTS TO THE
PROVISIONS REGARDING TRANSFERS; (10) A RELEASE
OF CLAIMS; AND PROVIDE FOR THE CITY TO PROCURE
AN UPDATED T1`LE SEARCH REPORT; AND (11) THE
CITY'S PROCUREMENT OF AN UPDATED TITLE SEARCH
REPORT FOR GROVE HARBOUR.
WHEREAS, the City of Miami. entered into a lease with Grove
Harbour Marina and Caribbean Marketplace, LLC ("Grove Harbour")
CITY C--,— — li
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ilranlutiOA N0.
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dated March 12, 1999 (the "Lease"), for the leasing of
approximately 6.95 acres of upland and 6.6 acres of submerged
land in the Dinner Key area; and
WHEREAS, in accordance with the Lease, the City requested a
Partial Modification of Restrictions for the submerged lands
from the Board of Trustees of the Internal Improvement Trust
Fund; and
WHEREAS, during this process it was discovered that a
portion of the submerged lands is sovereign submerged lands; and
WHEREAS, for the City to continue with the Lease with Grove
Harbour and to continue utilization of these submerged lands,
the City sought and is receiving a lease from the State for the
sovereign submerged lands; and
WHEREAS, it ire now necessary to amend the Lease to
acknowledge the responsibilities of the parties in connection
with the submerged lands lease and waiver of deed restrictions;
and
WHEREAS, additional changes are recommended to various
other provisions of the Lease;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in chis Section.
page 2 of 4
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Section 2 . The City Manager is authorized'I to execute
Amendment No. 1 to the Lease Agreement, in substantially the
attached form, between the City of Miami and Grove Harbour
Marina and Caribbean Marketplace, LT,C ("Grove Harbour"), dated
March 12, 1999, to provide for: (1) an amendment to the Lease
Term to provide that the Lease Term for the State Lease Property
and for. the Waiver Property shall run concurrently with the term
of the State Lease and the term of the Temporary Waiver of
Restrictions and Reverter, respectively; (2) an amendment to the
Conditions Precedent to taking possession to include a submerged
lands lease from the State of Florida and a Butler Act -
Disclaimer; (3) modifica;A on of the terms for payment to the
State of Florida in consideration of the submerged lands lease
and waiver of deers restrictions to provide for Grove Harbour to
pay any amounts owed to the State in excess of $47,200
commencing in Lease Year Three; (4) an acknowledgment by the
parties of the terms and conditions contained in the submerged
lands lease and waiver of deed restrictions; (5)a decrease in
the number of wet slips to be provided in the Marina; W the
retention of a Marina and Boatyard consultant; (7) a prohibition
against entertainment vessels that provide gambling;
'-� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not ).invited to those prescribed by applicable City
Charter and Code provisions.
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(8) amendment of certain definitions; (9) various amendments to
the provisions regarding Transfers; (10) a release of claims;
and (11) the City's procurement of an updated title search
report for Grove Harbour.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor. 2/
PASSED AND ADOPTED this loth day of July , 2001•
JOE CAROLLO, MAYOR
M awordanoo with Mi,:)rni r•.•,cln Stir. 2•^G.: ince the Mayor did not Is eetC emmval Of
this logislotion by il. Bila 4 _r. -a r>�'�:t� ; �•.'t!+�, sa"..1 l'c,111r.ti^,a I%vv
becomes ellectivo vai(h t -I ^;:.:. of t :m (*tU) d,syn .rcm irnc slate of ConanzoIcn actin
regarding same, without ilei Mayor a .(Urcising a veto.
ATTEST:
t alter J. Foeman, City Clerk
WALTER J. FOEMAN
CITY CLERK
AND CORRECTNESS el'
NDRO VILARELLO
NI' 1'ORNEY
W5072 : L,B : BSS
if the Mayor does rot sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall. become effective immediately upon override of the veto by
the City Commission.
Page 4 of 4 01-
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AMENDMENT NO. l TO LEASE AND DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF MIAMI ND GROVE HARBOUR MARINA AND
CARIBBEAN MARKETPLACE, LLC
This Amendment is entered into this day of.—_ , 2001
(the "Amendment") by and between the City of Miami, a municipal corporation of the State of
Florida (the "City" or "Lessor") and Grove Harbour Marina and Caribbean Marketplace, L.L.C.,
a Florida Limited Liability Company, composed of Harbour Management Group, Inc. and
Southern Cross Marinas, L.L.C., having its offices at 9758 S.W. 24 Street, Miami, Florida 33165
("Lessee"), for the purpose of modifying and correcting that certain Lease Agreement between
the City and Lessee dated March 12, 1999 (the "Lease") as follows:
WHEREAS, Lessor leased to Lessee certain property located at approximately 2640
South Bayshore Drive, Miami, Florida, for a term of forty (40) years commencing on the
Possession Date as described in Section 4.3 of the Lease; and
WHEREAS, the property contained in the Lease comprised upland and submerged land,
all of which Lessor and Lessee understood and believed was owned by the Lessor; and
WHEREAS, Section 4.3(a)(vi) of the Lease requires that the City obtain a notice that the
Lease of the submerged land for development of a public marina is in compliance with the
restrictions set forth within Deed No. 19448 and in the event the Hoard of Trustees of the Internal
Improvement Trust Fund of the State of Florida (the "Trustees") finds the Lease of submerged
land to be in non-compliance with said restrictions, the City is required to obtain and have
approved a Partial Modification of Restrictions of the restrictions set forth within Deed No.
19448, as authorized by the Trustees; and
WHEREAS, the State of Florida determined that the development of a public marina to
be operated by a private, for-profit company, was not in compliance with the Deed; and
W-HEREAS, the State further determined that it was the owner of approximately
152,747.8 square feet of submerged lands, comprising part of the leased property, as more
particularly described in Exhibit A attached hereto and made a part hereof; and
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WHEREAS, in order to correct and proceed with the Lease, the City requested from the
Trustees a lease of the State-owned submerged lands and also requested a waiver of deed
restrictions for the submerged lands lying within the deeded area;
WHEREAS, the protracted approval process required by the State of Florida for such
lease and waiver of deed restrictions precipitated a delay in the commencement of the Project (as
defined in the Lease).
NOW, 'THEREFORE, in consideration of the mutual covenants hereinafter set forth and
in consideration of other valuable consideration, the parties covenant and agree as follows:
Section 3.1 of the Lease is hereby amended to read as follows:
Section 3.1. Lease Term. This Lease shall be for a maximum of one (1) term
of Forty (40) years plus additional extensions created by Unavoidable Delays and/or
Permitted Delay commencing on the Possession Date and ending on the date that is Forty
(40) years thereafter, unless terminated at an earlier date pursuant to the terms of this
Lease. Within thirty (30) days after the Possession Date, the City Manager and the Lessee,
upon request of either party, shall execute one or more memoranda in such !'orm as will
enable them to be recorded among the Public Records of Dade County, setting forth the
beginning and termination dates of the Lease 1 erm.
Notwithstanding anY other-rovision of this Lease, the term of this Lease with
regard to the State Lease Property shall not extend beyond the term of the State Lease, a
copy of which is attached hereto as Attachment I, and any renewal thereof, and the tents
of this Lease with rceard to the Waiver Property shall not extend beyond the term of the
Waiver, a copy of which is attached hereto as Attachment 11, and any renewal thereof.
Capitalized terms used in this sgction of the Lease shall have the meanings as hereinafter
2. Section 4.3(a)(vi) entitled Compliance with Deed Restrictions is hereby deleted in its
entirety and substituted with the following:
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NO State Approvals. The City shall have received and
aamyed from the Board of Trustees of the Internal Improvement Inst Fund of
the State of Florida (rile "Trustees") the following;
(a) a 20 -year extended term lease, with a 20 -year renewal
option (the "State Lease"), for the pro2grtv more
»articularly described in Exhibit A attached hereto and
made a part hereof ("State Lease Property"), containing
152,747.8 square feet, more or less, for a
lllun.. I/commercial marina.
(b) a 2Qvear waiver of bleed restriction, with a 20 -year
renewal option (the "Waiver"), for the property more
particularly described in Exhibit B attached hereto and
made a hart hereof ("Waiver Property"). containing
134.370.4 square feet, more or less, of deeded submerged
lands associated with the marina, and
(C) a Butler Act, disclaimer for a portion of filled, formerly
submerged, sovereignty lands encompassing 66,788 square
feet, more or less, as more particularly described in Exhibit
C attached he to and made a part here.
3. Section 5.1(e) of the Lease is hereby amended to read as follows:
(e) The Parties agree that in the event the Lessor is required to make payments
to the State of Florida, or to the Board of Trustees of the Internal Improvement Trust
Fund of the State of Florida, their successors or assigns (hereinafter referred to
collectively as the "State"), pursuant to the provisions of Section 13.1(b) of this Lease,
the Lessee shall pay to Lessor not less than thirty (30) days prior to such payment being
due, a portion of the payment to be made, as follows: Lessee shall pay to the Lessor One
Hundred Percent (100%) of any fees to be paid by the Lessor to the State during Lease
Years One and Two. Commencing with Lease Year Three, Lessor
shall pay the first forty-seven thousand two hundred dollars ($47,290) and the Lessee
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ah -a11 pay to Lessor any amount owed to the State in excess of forty-seven thousand two
hundred dollars ($47.200)($50,090.00) ifl MY Lease Ve
4. A new Article 46 is hereby added as follows:
ARTICLE XLVI
ACKNOWLEDGMENT OF CONDITIONS IMPOSED BY STATE
Lessee has been provided a copy of the State Lease and the Waiver and aerees to
comply with all of the terms and conditions of those agreements in all resgects, provided.
however, that notwithstanding anything herein to the contraa, . Lessee shall pay„Rent in
accordance with the following provisions of this Article XLVI in the circumstances
therein described.
Lessee acknowledges that the renewal options contained in the State Lease and
Waiver are subject to negotiation between the Lessor and the State of Florida. Lessor
shall exercise its best efforts and good faith to renew the State Lease and Waiver.
In the event the State Lease is renewed and the Waiver is not, the parties agree to
nego i to to enter into a management agreement for the Lessee's management of the wet
slips in the Waiver Property which management agreement shall provide for full
compliance with the deed restrictions contained in Deed No. 19448 and Florida law.
Such management agreement shall provide for the City to receive as a management fee an
amount equivalent to the Rent paid to the Lessor for the Waiver Property under the Lease.
In the event the State Lease is not renewed or expires prior to the expiration of
this Lease, Lessee will operate the boatyard, dry storage, public marketplace, marine retail
and fuel services (if permitted by the State). In such event, Lessee will not operate the
wet slips built within the State Lease Property and Waiver Property and this Lease shall
terminate as to the State Lease Property and Waiver Pro22rty. In such event, the
Minimum Annual Rent as provided in Article V herein shall be reduced by an amount
equal to the Minimum Annual Rent then in effect multiplied by percent by which
Gross Revenue is affected by such non -renewal or expiration in the event the parties
cannot agree as to the amount by which the Gross Revenue is affected by such non-
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renewal or expiration, then the Parties shall obtain an appraisal for the remainder of the
Lease Property in order to determine the Fair Market Rent. The appraiser shall (i) be a
member of the American Institute of Real Estate Appraisers, and(ii) shall have not less
than ten (10)years experience in managing and appraising real estate
The Fair Market Rent determined by the appraiser shall be binding and conclusive
on the Lessor and the _Lessee. The appraiser—shall have the right to determine the
procedure to be adopted in arriving at the Fair Market Rent, and Lnay in his discretion,
dispense with formal hearings, it being agreed that his task will be solely that of appraisal.
If prior to the commencement of the next Lease Year in which the Minimum
Annual Rent adiustment is to take effect the Fair Market Rent has not been determined
for any reason, the Lessee shall pay seventh, percent (70%) of the Minimum Annual Rent
in effect for the prior Lease Year. When the Fair Market Rent has been determined in
accordance with the provisions of this Article, the Minimum Annual Rent will be
adiusted as provided hereinabove retroactively to the commencement of the Lease Year in
which the Minimum Annual Rent adjustment was to take effect, and the Rent payments
shall be recalculated in accordance with Section 5.1. If based on the adjusted Minimum
Annual Rent Lessee has underpaid Rent to the Lessor, Lessee shall Ray to Lessor with the
next installment of Rent, the amount of Rent due. If based on the adousted Minimum
Annual Rent, Lessee has overpaid Rent to the Lessor, the Lessor shall refund the
difference to Lessee, without interest, within thirty (30) dans of notice of the
overpayment.
5. Paragraph numbered 1 on page 2 of the Lease Statement of Background and Purpose is
hereby amended to read as follows.
1. A full service marina i iIh at least— providing not less than
fifty-two (52) wet slips, with the option to expand the size of the marina operation to
the extent ermitted under applicable regulations; approximately 140 dry slip storage
spaces for vessels larger than 28 feet in length and ancillary facilities and services;
6. Section 4.7 of the Lease is hereby amended by adding the following paragraph:
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Lessee shall retain the services of an individual or firm to be approved by the Citv
Manager for purposes of establishing the Marina and Boatyard including, but not limited
to, its design, construction, training of employees leasing. markelina management and
opemtimt, The Lessee's retention of the services of the Marina and Boatyard consultant
shall continue for not less than two years after the opening of the Marina and Boatyard to
the public. The City Manager shall have the right to review and approve the scopgrof
services to be provided by the Marina and Boatyard consultant pursuant to its contract
with the Lessee. Additionally, the City Manager shall have theright to review and
approve the marketing and management plan for the Marina and Boatyard. -and all
amendments thereto during such two year pgriod,
7. Section 7.3(a)5 of the Lease is hereby amended to read as follows:
Entertainment vessels which provide gambling activities shall be-subjeet-te4he
8. The following definitions provided in Section 8.2 of the Lease are hereby amended as
follows:
(a) Section 8.2(a)(ii) of the Lease is hereby amended to read as follows:
(ii) in the event the Lessee is a corporation or other legal entity,
Transfer trensfef shall mean any sale or other transfer of more than fifteen -(15) five
L5J percent of the stock, membership interest or beneficial interest of the Lessee, or
any transfer of the stock, membership interest(s) or beneficial intercg of any
Owner of the Lessee that results in a direct or indirect, legal or beneficial, transfer
of more than rive (5) percent of the stock, membership interest(s) or beneficial
interest of the Lessee (unless the Lessee or such Owner is publicly traded).
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(b) Section 8.2(b) (i) of the Lease is hereby amended to read as follows:
(i) in the event the Lessee is a corporation, Owner shall mean any
Person, firm or corporation or other entity which owns, directly or indirectly,
legally or beneficially, more than fifteen (16) five 5 percent of the stock of the
Lessee (but shall not include an Owner whose shares are publicly traded).
(c) Section 8.2(b) (ii) of the Lease is hereby amended to read as follows:
(ii) in the event the Lessee is a partnership or limited liability
company, Owner shall mean any Person which owns, directly or indirectly, legally
or beneficially, more than fifteen-" five (5) percent of the partnership or
membership interest(s) of the Lessee; (but shall not include an Owner whose shares
are publicly traded).
9. Section 8.3 is hereby amended in the following respects:
(a) The opening paragraph of Section 8.3 is hereby amended to read as follows:
Section 8.3 Transfers. Due to the complex nature of this Project, the
Project shall at all times be directly managed by an Acceptable Operator_; as As of
the Lease Date, the City agrees that the Lessee is an Acceptable Operator. In the
event of the death of a member of the Acceptable Operator, whose demonstrated
business experience qualified that entity as the Acceptable Operator for the
purposes of this Lease. the Lessee shall have a period of three (3) months to qualify
or to havp another entity qualified as an Acceptable, Operator. Should any eai er
-during this UeaseTefm, !he Lessee shall h
per-iod of six (6) months ie re nstate an AeeepntbleOperator. —Except as permitted
pursuant to subparagraphs (a) through (t (e) hereof, and subject to the provisions
of Section 8.5, no Transfers may be made, suffered or created by Lessee or any
Owner. The following Transfers shall be permitted hereunder. Rrovided, however.
that the I'roigct shall at all times have an Acceptable Operator satisfactory to the
City CoMmission.
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(b) Section 8.3(e) is hereby amended to read as follows:
(e) Any Transfer by a stockholder= or Owner of the Lessee who is a
natural person to a member of his immediate family—made for estate planning
purposes. For the purpose of this naraeranh. the term "immedilge family" shall
mean parents. spouse, children. adopted children stepchildren, and grand hildren.
(c) A new Section 8.3(f) is hereby added, as follows:
(f) Any Transfer pursuant to a private placement to an "accredited
investor" as that term is defined in Regulation D of the Securities and Exchange
Commission (17 CFR 230.501(a)).
10. The opening paragraph of Section 8.5 is hereby amended to read as follows:
Section 8.5 Criteria for Consent for Assignments and /or Purchase of
Subject Property. It is expressly understood and agreed that the City Manager may
reasonably withhold hid its—consent to any Transfer subiect to his approval
hereunder, and that the City Commission may reasona Iv withhold its consent to
any'1'ransfer suboect to its approval hereunder, using the following criteria:
11. Section 8.9 is hereby amended to read as follows:
Section 8.9 Participation in the Sale of Lessee's Business and/or 'Transfer.
(a) In the event that Lessee shall sell its business located on the
Subject Property, or realty , or- sells
bessee's stook of membefship inte in the event the Lessee or an Owner
engages in a Transfer (subject to the provisions of Section 8.9(b) below with
respect to publicly traded stock of Lessee), upon receipt by the Lessee or such
Owner of the proceeds related to such Transfer or sale. Lessee or such Owner
shall pay to the Lessor an amount equal to three (3) percent of the net proceeds of
the sale or Transfer as defined below.
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N In the event Lessee "goes public" and Lessee's interest in the
Leasehold Estate is owned by the public corporation, then Lessee shall be
responsible to pay an amount equal to three (3) percent of the net proceeds of the
sale attributable to the initial public offering.
For purposes hereof, the net proceeds of sale or transfer shall mean the net
proceeds to 1,assee,. er%%ef, tFansfening sueh interest, (to the Lessee or an
Owmer engaging in a sale as described above or a Transfer) remaining after
payment of (i) any Leasehold Mortgage or other debt to the Subject Property as
prorated proportionately to the interest being transferred; (ii) all reasonable costs
and expenses of the sale or "Transfer, including commissions, fees and closing
costs; and (iii) any and all reasonable costs, fees, commissions and expenses
relating to any public offering of the sale or Transfer.
12. Release of City
Lessee, for itself, and its 17cirs, successors and assigns, does hereby absolutely and
irrevocable waive, and remise, release, acquit, satisfy and forever discharge the City of Miami
and its respective elected officials, officials, employees, administrators, agents, consultants,
committees and members thereof; whether public employees or private citizens, and their
respective heirs, executors, administrators, personal representatives, successors and assigns (the
"Released Parties"), of and from, any and all causes of action, actions, suits, obligations,
liabilities, debts, dues, sums of money, costs, losses, penalties, fines, expenses (including
attorney's fees), damages, judgments, claims and demands whatsoever which Lessee, or any of
its successors or assigns, now has, ever had, or may have in the future, whether asserted or
unasserted, against the Released Parties, or any of them, by reason of any matter, cause or thing
whatsoever relating to, or arising out of or in connection with, any delay in commencement of the
Project relating to, or arising out of or in connection with or resulting in any manner from, the
State Lease or the Waiver, or any delay(s) associated therewith. The terms "State Lease" and
"Waiver" are defined in the Lease, as amended by this Amendment.
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01- '702
13. Updated Title Search Report
The City shall make available to Lessee within fifteen (15) days from the date of
execution of this Amendment, an updated title search report for the Subject Property. Lessee
shall be responsible for making its own examination of title at its own expense. Lessee shall,
within ten (10) days after receipt of the title search report from the City, notify the City of any
matters which render the title to the Subject property unmarketable. The City shall, in such event,
use due diligence to correct any such defect or title objection over the next ensuing ninety (90) day
period. Should the City be unable to cure same within such period, at its option, Lessee may (a)
accept this Lease and the Subject Property with the existing title defect or objection "As Is'; or
(b) terminate the Lease.
14. Approval of Amendment by the Oversight Board:
The State of Florida has appointed an Emergency Financial Oversight Board (the
"Oversight Board") which is empowered to review and approve all pending City of Miami
contracts. As a result, contracts shall not be binding on the Lessor until such time as they have
been approved by the Oversight Board. Attestation of this Amendment by the City Clerk shall
constitute evidence of its approval by the Oversight Board.
15. No Implied Modifications:
Except as specifically provided herein, all of the terms and provision of the Lease shall
remain in effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Lease
on the day and year first above written.
ATTEST:
Walter J. Foeman
City Clerk
LESSOR:
CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
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Carlos A. Gimenez
City Manager
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APPROVED AS TO FORM AND r
CORRECTNESS.x 141 x t�TMI
Alejandro Vilarello....t}
City Attorney
L K
Grave Harbour Marina and Caribbean
. Marketplace, LLC., a Florida Limited
ATTEST: Liability Company
n irk Fat L:
By.. Y
Corporate Secretary Alan Lima, President'
Harbour Management Croup, Inc.
WITNESSES.
By:
Robert Christoph
Southern Cross Marinas, L.L.C. *wt;o 14,
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01. 702
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This Instrument Prepared By:
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
0
ATTAMINUT I
BOARD Oh TRUSTEES OF THti INTERNAL IMPROVI!MrNT TRUST FUND
OF THE STATU OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE
No. 132946159
PA No. 13.914344&001
THIS LEASE is hereby issued by the Bored of Trustees of the Internal linprovement Trust Fund of the State of
Florida, hereinafter referred to as the Lessur,
W ITIVESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and die
faithful and timely performance of and compliance widh all terms and conditions stated herein, the Lessor does hereby
lease to City ofMiami. a Florida municijIff] comontiou hereinafter referred to as the lessee, the sovereign lends described as
follows:
A parcel of sovereign submerged land in Section a,
Township 34 Sauth, Range 41 Best in 0jt0y1W_ X,
Miami -Dade County, containing 152.748 square feet, more or leas,
as is more particularly described and shown on Attachment A,
dated August 4. 2000.
TO HAVE THE USE OF the hereinabove described premises for a period of ZQ years from JM y,JLJ00J, the
effective date of this lease. The terms and conditions on and for which this lease is granted are as follow:
1. jjSH Or PROPERTY: The lessee is hereby authorized to construct and operate a docking facility exclusively to
be used for the mwring ofnon-comm ercial pad ommerciat recreation! vessels all conjunction with an upland
gommiargialtmignicipal , with tbeling facilities, mkh a sewage pum pout facility, and without liveaboards as deAned in
paragraph 29, as shown and conditioned in Attachment A, and the Department of Environmental Protection, Environmental
Resource Permit No. 13284615y, dated October 2. 1996, and modified Permit No. 13-U143446.001, dated October 5,199
incorporated herein and made apart of this lease by reference. The construction of the structures that lie within the leased
premises described in Attachment A shall be completed within the initial tern hereof or within the first 5 years of the initial
form if the initial term is for a period greater than 5 years. The failure to complete the construction of all authorized strictures
within this time period shall constitute a anterial breach of the lease causing the lease to automatically temtinsie upon filo
expiration of the initial term or 5 years, whichever is sooner, without any right of renewal.'
2. LEASE FEES: The Lessee hetchy agrees to pay to the Lessoi the sum of $2,529.N 1, as compensation for the 2U
percent annual extended terns Lee, and an initial annual lease fee of $12,649,06, and sales tax pursuant to Section 212.031,
Florida Statutes, if applicable, within 30 days of receipt of tills fully executed lease. The annual fee for lite remaining yeais of
the lease shall be adjusted pursuant to the provisions of Section 18-21.011, Florida Administralive Code, Tlm Lessor will
notify the Lessee in writing of dm amount and the due date of the annual payment. The lease fee and the annual 20 percent
extended term fee shall be remitted atmually to lite Division of State lands as the agent for the Lessor, beginning with lite
effective and due date of this lase, and each year thcredter until lite ternn of this lease terminates of expires.
(Oil
fff
01- 702
3. WET SLIP RENTAL CCiltTIPICATIONJSUPPLE-MENTAL PAYMENT: The Lessee shall provide upon
request by the Lessor any and all information in a certified form needed to calculate the lease lee specified in paragraph two (2)
above, including the total amount of the gross receipts derived from the rental of wet slips, if applicable. When six percenl
(6%) of the gross receipts derived from the rental of wet slips exceeds the pronated base fee or minimum fec established
pursuant to section 18-21.011, Florida Administrative Code, for any lease year during the term of this lease, the Lessor shall
send the Lessee a supplemental invoice for the difference in lite amounts for that lease year.
4. L1TE FLI: ASSIiSSMENTS: The Lessee shall pay a late charge equal to interest at the rate of twelve percent
(12%) per annum from the due date until paid on any lease fees due hereunder which arc not paid within 30 days of their due
dates.
S. L- XAM INATIUN OF LESSEE'S RECORDS: For purposes of this lease, the Lessor is hereby specifically
authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional
years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation
ofatuwal lease payments as specified in paragraph two (2) above,
6. MAINIj3NANCE OF LESSEE'S RECORDS: The lessee shall secure, maintain, and keep all records for Ile
entire term of this lease, plus three (3) additional years. This period shall be extended for an additional two (2) years upon
request fur examination of ail records and accounts for lease payment verification purposes by the Lessor.
7. AUR):EMEN'f 4'O NXTLN f Ul' USE; This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified lterein and as conditioned by the Department of Fanvnorumental Protection, linvirorunental
Resource Permit. The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., from
commercial to rnulli-family residential, from temporary mooring to rental of weislips, from rentul of wctslips to contractual
agreement wifh third parry for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring
of charter/tour boats, from luadinglofflooding comrrtereial to rental of wctslips, etc.), shall not change activities in any manner
that may have an environmental impact that was not considered in lite original authori7winn or regulatory permit, or shall not
change the type of use of the riparian uplands without first obtaining a regulatory permiUmodifurd permnil, if applicable, and the
Lessur's written authorization in the form ofa modified lease, the payment ofadditioa! fees, if applicable, and, if applicable,
the removal of any structures which may no longer qualify for authorization under the modified lease.
S. PROPERTY RIGIITS: The lessee shall make no claim of title or interest to said hods lnerembefore 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 forret ofprivate 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 he purchased, sold, or re -sold.
9. iN:1=-ST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be
tcmtinated 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 fhc
existence of this lease and all its terms and conditions and shall complete and execute any ducunrents required by the Lessor to
effect an assignment of this lease, if consented to by the I.C5S0r. Failure to do so will not relieve the Lessee from responsibility
for full compliance with the terms and conditions of this lease which include, but arc not limited to, payment of all fees and/or
penally assessments incurred prior to such act
IQ ASSION,MENT OF LL'ASE: This lease shall not be assigned or otherwise transferred wilhoul prior wtiuen
consent of the lessor or its duly authorized agent. Such assignment or otter transfer shall be subject io the temu, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment ur
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
11. INUL'MNIFICATIONANVESTIGATION OF .ALL CLAIMS: The Lessee shall investigate all claims of avery
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent eels or
omissions of that party and the officers, employees and agents thereof. Nothing herein shall he construed as an indemnity or a
waiver of sovereign tnununity enjoyed by any patty hereto, as provided in Section 768,28, Florida Statutas, as amended from
time to time, or any other law providing limitations on claim+.
Paso -L of 1Q Pages
Sovereignty Submerged Lands Lease No./32846159
01- 702
0
•
12. VENUE: Levee waives venue as to any litigation arising from matters relating to this lease and any such
litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
13. NOTIG P .IAN .Plr'Fn . INATION; 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 decreed covenants of the Lessee, it
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or
in the event die Lessee violates any of the provisions and conditions herein, or fails or refuses to comply with the provisions
and conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this lease may be terminated by the
Lessor upon thirty (30) days written notice to Lessee. If canceled, all of the above-described parcel of land shall revert to the
Lessor. All costs and attorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by lite Lessee.
All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by
U.S. Mail to the following address:
City of Miami
444 S.W. 2'd Avenue, 10'" Floor
Miami, Florida 33130
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.
14. FAXES 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 lawfully assessed and levied against the subject property during the
effective period of this lease.
15. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part theroof
to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are
consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on the leased premises.
16. MAINTENANCE OF FA"(_('Y/RIGIIT TO INSPECT: 'Ilia Lessee shall maintain the leased premises In good
condition, keeping lite structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or pier shall be constructed in any mamter that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time.
17. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard famished to the Lessee by ilia 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 term of this
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
I8. ENFORCUMENT OF FR,QVISIQNS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
19. PERMISSION GRANTED• Upon expiration or cancellation of this lease all'pentussion granted hereunder shall
cease and terminate.
Page -I- of J.Q, Pages
Sovereignty Submerged Lands Lease No. 13284615
az�>l�
01- 702
20. RENEWAL PROVISIONS: Renewal of this law shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms, conditions and provisions of tttanagenlent standards and applicable laws, mks and regulations in effect at
that tine. In rhe event that Lessee is in full compliance with the terms of this lease. 11w Lessee nay apply in writing for a
renewal. Such application for renewal must be received by lessor no woner than 120 days and no later than 30 days prior to
the expiration date of the original or current term hereof. The lemt of any renewal granted by the Lessor shall continence 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 licrem upon tcrmutation of this lease shall constitute
an affirmative covenant upon the riparian upland property more specifically described in Attachment Q, which shall tun with
the title to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in title or successors in
interest.
/ 21. REMOVAL OF MUC IFURES/ADMINIS1 jt,AA ' Vb Ff if Ute Lessee does not removes said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipneM after ten (10) days written notice by certified nail 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. lluwever, such remedy shall be in addition to all other
remedies available to the lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
22. RFsMOVAj�t:7UISILIEN QN RIPARIAN UPLAND PROPERTY: Any costa incurred by the Lessor in removal
of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and
expenses shall constitute a lien upon the interest of the Lessee in its riparian upland property enforceable in summary
proceedings as provided by Law.
23. RT,CORDATION Of LEASE: The Lessee, at its own expense, shall record this Hilly executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its cittirety which
contains the U.R. iBook and pages at which the (ease is recorded.
24. RIPARIAN R1G11'rS/PI1 In the event drat any pact of any structure authorized hereunder
is determined by a final adjudication issued by a court of cungxtent Jurisdiction to encroach on or interfere with adjacent
riparian rights. Lessee agrees to either obtain written consent for the offending stricture front the atiected riparian owner or to
remove the nnerference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall he grounds for unntediate termination of this lease
agreement at the option of the Lessor.
25. AMENDMENTS/MOUIFICATIONSt This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged
and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the tine of the execution of
tho modification or amendment. Notwithstanding tie provisions of this paragraph, if mooring is authorized by this lease, the
Lessee may install boadifts within the leased prenuses 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.
Page -A of 19 Pages
Sovereignty Submerged Lands Lease No. 132846159
01- 702
26. AQVERTISEMENT/SIONSMON-WATERnePBNDEN7'ACIIVII!)yS/AUUITIUNAL
ACTIVITIIES/MINOR STRUt':'ftIRAL UP►AIRS; No pemanent or temporary signs directed to the boating public
advertising the sole of alcoholic beverages shall be erected or plated within the leased area, No restaurant or dining
activilitsare to occur within the leased area. The Lessee shall ensure that no permanent, temporary or floating structures,
fences, docks, pilings or any structures whose use is not water-dependent sliall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures aridtor activities including dredging,
relocalitni/realignment or major repairs or renovations to authotized structures, shalt be erected (it conducted on or over
sovereignty, submerged lands without prior written consent front the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 153, Florida Statutes, std shall
subject the Lessee to administrative fines under Chapter I N-14, Flunda Administrative Code. This condition does not apply to
minor structural repairs rcquircd to maintain the authorized structures ur a gruel state of tepan in the interests of public Iscalth,
safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement.
27. ACOE, AU'1'11Q8j7A 'ION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOC) pemwil if it is required by tlwe AC'OL. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOS shall require consideration by and the prior
written approval of the Lessor prior to the commencement of construction and/or any activities ou sovereign, submerged lands.
28. COMPLIANCE WITH FL�13,LALAWS: On or in corqunction with the use of the leased premises, the Lessee
shall stall times comply will: all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjustclion will: the use of the leased premises shall he grounds for Ilse termination
of this lease by the Lessor.
29. LIVEADOARDS: 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 thiM(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(12) month
period, not shall any such vessel constitute a legal or primary residence.
30. GAMPUNG VHSSHL. : During the terns of this ]case and any renewals, extensions, modifications or
assignments thereof, Lessee shall prohibit the operation of of entry onto the lensed premises of gambling cruise ships, or
vessels that are used principally for the purpose ofgainbling, 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 nr foscign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
ami s
a. A minimum of 90 percent of the slips at the marina shall be made available for rent to the public maintained on a
"first -coma, first-served" basis. To help ensure compliance with the requirement ard to assist in providing public awareness of
this requirement, the Lessee shall erect permanent signs at the waterward entrance to the docking facility and at the upland
entrance to the marina which are clearly visible to passing boaters and the general public. The signs shall contain language
clearly indicating that no less than 90 percent of the slips within this docking facility are available for rental by the general
public. Any dockage rate sheet publications and dockage advertising for the marina shall clearly state that slips are open to tale
public on a "first-cumo, first-served" basis.
b. 'Ilse terns and conditions herein, including those related to assessment of (case Ices, may be reviewed at any time
during the term of this lease as deemed necessary by the Lessor or its designated agent, and such terms and conditions may be
modified or additional conditions may be imposed as deemed necessary by the Lessor. For the purpose of this provision the terms
and conditions of the lease, including additional conditions, may be modified for, but not lininted to the fullowutg reasons:
1. to conform to Uwe adoption or revision of Florida Statutes f F.S.), rules, and standards that require the modification
of the lease for compliance; f
2. to ensure compliance with the federal Endangered Species Act, 16 USC, s. 1531, et seq., and the Florida
Endangered arid'fltreatened Species Act of 1977, section 372.072, F.S.;
3 to confurn to adupliun of revision of mics regarding tiie assessment oi' Icusc fees;
Page 5 of-& Pages
Sovereignty Submerged Lands Lease No. 132846159
auTar�.�
01- 702
!. to c rdbm to tray modif etion to temps and conditions ora persalt own the Dpamwm of Bavironmentla
l9011109d0mi, the U.B. Arany Corps of Engineers, or any other tetpt&ed fotm of spprovai; and,
S. to remove any structure declared to be a public emuance.
The Baud of Ttmtoes shall allow a reasonable time for compliance with the amended or additional temu and candidom.
a Notwithstanding anythmg twntainod in paragraph 13 of this lean, Leasee shall be granted a reasonable extension
so the twenty (20) day ewer period in the event the violation is of such a nature that it cannot be cured within twenty (20) days,
sad Lessee shall have commenced and thereafter shall continue diligently to prosocute all actions necessary to cure such
delloult.
d. The Lessor hereby acknowledge that the Lessee will be subleasing the facility for operational purposes
e. The panics atdotowledge that for accounting purposes, it is in the best interest of the panics to have the corm of
this leue coincide with the term of the Temporary Waiver of Restrictions and Reverter Created to the Lessee in connection
with the property. Therefore. Lessee shall pay to Lessor for the period of time between July 25, 2000, the date of approval of
this lease by the Lessor, and July 1, 2001, or the date of possession by Sublessee, whichever is earlier, an annual fee of
$15,178.67.
f. The State of Florida has appointed an Emergency Financial Oversight Hoard (the "Oversight Board") which is
empowared to review and approve all pending City of Miami contracts. Asa rosull, contracts shall not be binding on the City
until snob torso as they have been approved by the Oversight Board. Attestation of this lease by the City Clerk shall constitute
evidence of approval by the Oversight Board.
Page j„ of _19 Pages
Sovereignty Submerged Lands Lease No. 132146139
01- 702
•
w Es:
Original Sipswe
Pd llTy x of Witrtese A, A
Origins) Sijm%m J
ACA
Prin a Name of W fitness
STATE OF FLORIDA
COUNTY OF LEON
•
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF TIIE STATE OF
FLORIDA
(SEAL)
BY: _..
Department of Environmental Protection, as agent for
and on behalf of the Doard of Trustees; of the Internal
Improvement Trust Fund of the State of Florida
*Acey L. Stinson, Operations and Management
Consultant Mnneger, Bureau of l'tblic Lend
"LESSOR"
Administration, Division of State Lands
The foregoing instrument was acknowledged before me this .1- day of Tli.'au, 204t. by
QrEnvirannicnial Protection. as agent for and on bchalf oflhe Doa dATr MM—
g(the Iptprnal Imorovement Trust Fund of the State of Florida. He is person I ly known io me.
APP A)
ED AS TO F RM D LEGALITY: _ _
ury Pyr"[{State � reA M.11RADY
coMwssll N CC 70YY00
DEP Atlom y � i , EXPIRES DLC 15, 700t
lOw�EC r�su
Printed. Typed or Stamped Name
My Cormussion Expires:
Corrmission/Senai No.
WITNESSES:
4w,4�
Original Signature
ted Name of Witness
n
L'"originil Signature
Typed/Printed Name of Wit 6t;
CitvofMiatni.M. (SEAL
D�RA
ecuung Authority
Carlos A. Gimenez
Typed/Printed Name of Executing Authority
City Manager —
TiVe of Executing Authority
"LESSEE"
STATE OF FL ATTESTED:
COUNTYOF M.-F.M. !�
City (Mrk v
The foregoing instrument was acknowledged before me thin �_ day of 20Q�_, by
Carlos A. G'r nez as City Manager, for and on behalf of ft Qy Qfi fState
orporation. He u personally
jw—wo me or who has produced , as dca
My Ca nission Expires:
etary Public
-t'.;- h
Cornmission/Serial No. (2r,g259s��3 Printed, Typed or Stamped Name
Pose —L of 1Q PageaCta Q
0 7 O q
Sovereignty Submerged Land Lease No, 1J2846159 D. SmithC 92�^ �r
N CC 935933
(0-100
gap4e May 13, 40Q1
.. MaMi111Cw. Ing
Atte+dment A -
PWIe 8 of 19 Peres
01- 702
PARCEL A-1 (5*1kGEU LAND)- LKASE NU;A •
A portion of fractional Section 22, Township 54 South Raage
41 East, Miami -Dade County, Florida more particularly
described as follows:
Commence at the Southwest corner of the Northwest b of said
Section 22; thence along the southerly extension of the west
line of said Northwest 4 , South 02°24144" East for 66.00
feet to its intersection with the meander line shown in Plat
Hook 34 Page 2 of the Public Records of Dade County,
Florida, said line being also the northwest line of the
parcel conveyed by The 'Trustees of the Internal Improvement
Trust Fund on 1929 and recorded in Deed Book 1186 at Page
$33 of the Public Records of Dade County, Florida; thence
along said meander line North 60'35116" East for 1421.12
feet (1421.10 deed) to its in with the original
high water mark of Biscayne Day as shown on said Plat;
thence North 13°04156" East for 304.43 feet to its
intersection with the north line of a parcel described as
Parcel A Submerged Land in Specific Purpose Survey at Dinner
Key Marina last revised on June 3rd, 1996, Prepared by
Biscayne Engineering Company Order 0172839 Miscellaneous
City of Miami File 61-329A; thence along said north line
South 76'46'56" East for 0.54 feet to its intersection with
the mean high water line of Biscayne Boy as measured along
the outside face of the metal sheet piling under the
existing sea-wall and the actual Point of Beginning; thence
continue along said north line South 76°46156" East for
423.46 feet; thence South 41 12'10" East for 96.19 feet to
its intersection with the Pierhead and Bulkhead line of
1939; thence along said Pier -head line South 21°08157" West
for 41.8.04 feet to its intersection with the south line of
said specific purpose survey of Biscayne Engineering; thence
along said south line North 76046156" West for 150.75 feet
to its intersection with the mean high water line of
Biscayne Bay as previously described; thence North
18'44139" West along said mean high water line for 553.96
feet to the Point of Beginning.
Containing 152,747.8 square feet or 3.51 Acres
Attads�it A
alp 9 of 19 Peon
SSLL Iib. 13'xA159
Oi- 702
f
• •
arEET f CP 4
'SPEaF c PURPOSE SURVEY'
PARCEL'S •- &SCIA MERAREA
PARCEL ?*-LEASE AREA
I, PARCEL 'A,?'- WAIVER OF D££O RESTRICTION AREA
T, PARCEIr- WWWROFOEEO RESMOTTONAREA
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SURVEY TYPE : SPECIFYO PL/RPOSr SURYE'Y.
Attadra t. A
Page 10 of 19 1tWs REVISED' oe//a/av"�EitOWr n.
SSL Db. 13WI59 AODm NlLhPE DodfS «� ,�t�1jl1 — 702
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ssm ND. 132M159
O1w 702
•
-SURVEYOR'S REPORT. -
SHEW OF 6 SHEETS
Survey type: Specific Purpose Survey
The purpose of this survey is to prepare legal descriptions
for upland and submerged parcels.
Basis for Bearings: State Plane Transverse Mercator NAD 83
Adjustment of 1990 Zone : Florida East
Coordinates referred to U.S. Coast and Geodetic Survey
monument PAN AM Located at the roof top of the City of
Miami, City Hall in the center of the surveyed area.
We used state plane coordin4tes established by Miami -Dade
County Survey Department at 7 locations on the site or
immediate vicinity using GPS receivers and corroborated
their findings 'with a field traverse extending same to
points in the vicinity of the shore lines to be used as
survey tie lines. we set monuments or used existing ones for
this tie line as it is shown in the survey sketch.
To locate the mean high water line shown we used the outside
face of the Sea-wall or the sheet pile in contact with the
water in some places the face of the metal sheet pile is
underneath the outside face of the sea-wall, if the sheet
pile was corrugated we used the face farthest from the land.
Distances shown alongside the sea-wall were measured or
calculated using the same criteria.
Elevations shown refer t
of 1929 (N.G.V. D. 1929)
City of Miami Bench Marks
City of Miami Hench Mark
corner of South Bayshore
4.832 feet N.G.V.D.
City of Miami Bench Mark
curb on the north side
American Drive Elevation:
o National Geodetic Vertical Datum
as determined from the following
and converted to N.G.V.D.
(BM) stamped 5.092 at the northwest
Drive and S W 27th Ave Elevation:
(BM) stamped 5.377 at the top of
of South Bayshore Drive and Pan
5.116 feet N.G.V.D.
Examination of the Abstract of Title will have to be made to
determine recorded instruments affecting this property, if
any. Ownership subject to opinion of Title. No utilities
were located as that was not requested.
(B.E) Denotes BISCAYNE ENGINEERING INC. information.
(TRAY.) Denotes traverse information.
(-5.00) Denotes bottom elevation near Sea-wall.
5.00 Denotes Sea-wall elevations.
LIST OF REFERENCES:
The following legal descriptions, documents, copies of Maps,
Plats, Surveys, recorded and not recorded instruments were
provided to us by the City of Miami Asset Management
Department.
References: Deed
Book
1186
Page
533
Deed
Book
1414
Page
432
Deed
Book
1459
Page
42
Deed
Book
2754
Pages
283 to 266
Deed
Book
2756
Page
286
Deed
Book
3130
Page
260
Deed
Book
3267
Page
167
City of Miami Atlas Sheets: 43-P, 45-A, 45-B, 45-E
Attactment A
Page 12 of 19 teras
S%L Pb. 08%199
01-- 702
SHEET 3 OF 6 sxmzTs
` Copies of R4& -d Plats: •
r
Plat Book 34, Page 2 (Dinner Key) April 2nd, 1930
Plat Book 74, Page 3 (Dade County B►ilkhead) August 26th 1960
Miscellaneous Surveys:
O.S. Pierhead and Bulhead Line: U.S Corps Engineers Oct 1939
Biscayne Engineering Inc.: specific Purpose 6/03/96 City
Misc.,riles 61-329A
Biscayne Engineering Inc: survey Control Sheet 08/29/84 City
Misc. rile 61-133
Florida international: Boundary survey Dinner Key Marina,
11/10/99
These sVkax 14" shoots are a representation of larger
3211x36" "specific Purpose Survey of Dinner Marina Area,,,
dated 03/01/00 and the purpose of these sheets is to'
facilitate filing by The Florida Department of Enviromental
Protection.
Tor complete information refer to the larger drawing.',
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01- 702
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SSL W 132846159
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tAslUtli Os'�
T>Qs • me" this s,e' &W at Mrtrs/as, A. D.
isM betwas 7o1da1Qa R !'DOf MIM, isOOMPVAAM, a aerperaties
erttl"d me er3atlas wader the len or the state of Delaware,
Isd dsly suiborised to tramaeet busuess im tae state of Florida,
party at the first part, end 2n am or >tlitli, a norlda setsiai-
pa1 omporatim, is ado county, norida, poet office adores@
o erthemsa, It mi, norida, party of the second part,
MIUMOOM, ?tat the said party of the first )arto for
No la cmdderatlm of the aur of Can (010.00) dollars ane otter
valmsble occolderatlms to it In hand paid 14 the party of the
Mmmd part, tae reoolpt aortor is hereby aohootlledged, has
Cr-ated, barsalaed and sold to the sold party of the second part,
it mosooews and assigns, forever, the following described pro -
party, to wltt
That oertala tract of lard Zring sod WAS It the
city of u"I Cousty of Do", state of ndtrida,
kwift as DMfi ZU& "Cardlns to the plat thereof
I sendad las net Dow" at 0040 s at the rutile
seesmds or Dads comm, norida, together with all
and singular all sotasm law and statutarr riparLs
rlgbts water pr1ruesso and filled In Undo and
lends b
elow Lith water mark •rpartanant and belong'a
tborsto, welch said treat of land is particularly
desceribbegd as rollmo to wits
Aikens (foarmarly)neaemasttra a Street).aw�haaeiUmLssmae
a Thede,t>re'00 to the as
leg ra hika
t ly ,mica the taunt,
as
' �w w• 11r� �w� of
s.M ai t�i sari ,.
as
01- 702
ALU due t IL
Pale 15 of 19 Paeas
SSI, No. 132846159
IMIGMT.1'
FL999199908091999:0006 - Page R or 18
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at the 9saetetly 2J" of tooth suyshoeo �N
ViM► t" Matbtse"WIF ]sloe me ATiatuft Av"We
Rdaaes' tq seems&" is not seek as at pop s of
the hbtliesSNards of Mda Gmtro, floeida 1
ro#"tum Md at beelmiaing 6ieb
bbross e s atrmmmat set lea emmsrete ithemeee r 8.
61 dogma Mt aria *set &less the mm outh"atorly lice
of Matt Dysbose Drive a distmaee of 076.009 more
OR leu to a polet Marked by a sail in a mo imob
RSamstatr pipe get is emoretol then" rum 0. 7e
degrees s6t 09 East a dtstamos of $90.10 more or
point marked by a aross out an a brassppIn
sot m top of steel pile bulkhood m blab water Lyme
at Elsooyme Dye taaaoe roan U. U degrees Cat "a
last alms *0 abowo desssibed steel pile ba2khoad
mond bash water Use of lisoyne My a distance of
sN.47191 mesa or leas to a paint On the "Uthwosteply
Lim of Aviation Avenue (foeSWU Trade street) marked
b7 a Dress out an a braes mla set in sawrNa/ theses
roe E. 40 d&Bees set ate West aloes the said south-
wasterly lime of Aviation Av*ato (foriewly Trade street)
a distsaeo of X61.669 am* or less to the Polat of Eosla-
aiss, costainiag approzLootely 4.464 sores sore or lose,
with riparian rights and filled land and lands below
hist motor ling appartemmat and adjacent tbereto, to-
gether with all buildings and improvements lochted
!bosom.
This omveyanoe is made by the party of the first part,
and accepted by the party of the second part, pursuant
to Resolution Eo. low of rho City of Kim' antitIedt
L RR60L4710Y PROUMIRO FM THE MIILLR B MT AND
E11816101 07 = WNW, DOCS, A11CXMA0E AEA
7ACXT RUIN 7ACILMBB 07 TAR CIT! OF MIAMI
An M in ABOWITUN of EECEEdW TAORATI
TERW= FM as MANCIN11 07 00929 OF WCO
Ml:LAR01tit Wi An IMI PROY M AED rMCRAU AMID
TSE INWAECS, OP 0YlZ7I1CA2i0 OF 17Ds3lJmIfR86
o7 TEE CIT! 07 bitAMQ PATAELR DOCKET PROF THE
W EEfBrW =11m 710 TES OPMATro o7 am
►ACUJTLU, AND 1107 0=2311I5E, To COYER THE galla,
adoptedthe Commissioners of The City of Itiami on
mkeiaots CtAabgast 29", sad subject to the cove -
me
bw
Leseblr made t�Aotori *rein ooaaUlood. Nelrewoe is
This conveyance in also made and accepted subject to
tames said assesemeats for tale Year UM and subsequent
Year*, the mooning ord3amas" of tM City of Rimm and
Vetes
her evmmeMtal regulations, and wonditiems, re-
Wettme and iiatiitatleme s* appear of regard.
And the aged parq of the first part doe* hereby !ally
warsSat the title to said land, laelidto all baildiass gad other
Improrommmtt erected and plated thereon by Pen American Airways,
Ise:, end Will &&Coad the *ams against the lawful e7alaa of all
perseme tbwawwsw.
As to oearteSs ,imyeghensmts, betterments, alteratimme,
firtiares, additiome, rtroatgaw or lop mad* to or placed Upon
00 old lamed by the Itaited Mates M' Aaaerloe, title to alloh
01- 702
Attadm�iit C{
Nee 10 of 19 Leges
E&L Ab. L"W46159
1110:0.1F.
11.999199908091999:0006 - Pose 9 of I8
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.a.Pa.44 .r .tom. fer. tt4�1d.9� tir fir 4drs4e16 Aswq�. a1..
n1A.r nit 1r rUtsP et 0 1LW1 OVAMMS arawut to OW ULM&
:taW Odattr AK Oasrt, Mt 01 stsldaM, Mtsraw NOWISt ar
rtwtda, to a enaae estitl/d, eOadtet Nates st Ateerlaa Te.
Oortata laol ltaeatw at taa tan AMrlMe AtrDerts sfseer tyq,
attend, 73ertdao, H. QN-9-01vur sat w1 a1 M/rant bow Mtel
the JW Ay of featwb�r � Me# ofd catered w the s" tfy of
eeoc�,�eer_0 1td4p the said Dory of %a Bret part har0y eaareys
to taw Per IV of the so"" Dart ail at we rsabt, title act tater-
eat !a art to raid ifgrrnwautae lrtt wwmts, alteratieoe, fistaees,
WMAtiare, ob trues or plow Leh Dee AMrfsee AtMWB# Dw.
aetiulred dater and by Tin" et sold n"I J004m st, =A utak
h&a Das Aae►lefW Alrinye, Do. "a ewllfet sat trowerred to
the para of the first part by wumty feet "tet the acrd day
of tlaD�;_ 1964, ans Wt21 derowd w tit3a thereto asolmst
the lawful claims of all perems sumsoerver olaifein4 br, through
or under the aa1A Wty of the first Dart.
IN W171 tZO 0Mor, tko smA partw'ot the first part
IMP Paused these p "Wts to be atdaed L Ito afw tp its proper
atf"Wep me its eorpow to seal to be bwefwto affixed, attested
tp its Naistaat tees+twp as Affy wet pear' above W01ttw.
a * Peel a 11 Or
Oct
T140 Pnfldkftt
' ►�Attak 91 \ oerporate s
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01- 702
F1.99919990S091999:0006 - Page 7o of la
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AMS d /M11M� ON* of 3'M► ?,�J
mow . etlWk -
at m or m ><ott>r t
coasr at= "a e �
I XEM CUTIYf that ea We dq persmaux mp-
"W" broeo en NO111dRD rSW" dad 11WNW AN==, to W well
11"m and laem to •e to !+e rise tre9ident and "not doer*",
rospaitlra7,s, Of 8049010163' Properties, naooepoeated, the eerpor-
atim Mood In the forogoing t01atnwst, me knom to as to be
thi porsems oba as such officers at; said sesporatioe exomot
the sa01ef I do further dertif7 that that and there tae said
Hoteard Phipps and Roulbac iodarom did 9nrrallr setmoolutSe
bsfcr6 t3' that tb0 said rostra mt is the free act and dead of
said corporation by them respectively executed as such offioors
for the Dees and purposes taereim expross6d, that the seal tber9-
unto affized is its corporate seal by them In like oapseity at -
fixed, tll tatdor the auth,mity in them dulr rested by tba Lc.trd
of directors of sold corporation.
W129M ser band and official goal at Newyork, County
Of Now York, Stats of Now York, We Le -Achy of tiepteaber, A. D.
lYt{0.
Sauk_ ds.r
votarys, tat*-�.__�.�
Comtgr at9rs"U
1q oosnisolm mp, mom_,
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Phe 17 of 19" PeW s
SSL 1b. 132846159
01- 702
999199908091999:0006 - Page 11 of 19
3oanncd on SCANS* Operator KLOMA on Monday. Augwt 09, 1*1 O5;12.$6 PM
4'J W' ft
iYllf ALL MR XT won fASS iiittt: list 1M sadwds.ld. pan ltalooe of I% teterwt Impeve
R .�✓
• ...a N.d .i w tial od rl..w...d....d y •err « u...t►ww of s«u.. taa.IM P1er1A. aYulep
iou'M 'seevdbs to At proms and 16 t yrevtded t« is ow" Whit. Pletids Ikelular. Im. and
ter ed 1. o�.etdenlloa el Ib r..f._'Lln.11IIli..Q0aSi4 11v31ACI,.�ftdLoC�lr..499d Aad « .... 1
valuablo1
/eonal4era lona ♦ur `----_— j
111m V 4ed pe11 1J--01Ii_O! YI
___,.,�p_ .._. _ ... ...t.eeety. YIwIJo, rer►fpl d w►Na Y Mn•ly .AooelnlMwl. Inv a►ealnt Nb
@eb!rd• isid and eeawyw! to AI rid OIIY.Ot -ALI"I
MW _ ' UA J"SSAa0ra AV" mel n.dam. ro►r.v, Ibr l.l. �
tout" &"raw Mads to•wttI
Al2 that submerged and partially submerged land in Stations 21
Mild 22, 23, 26, 2? and j5, Township 54 South. PanDe ll] +net,
deserlbed as followat
Bounded on the NorthWoNt by the onited states Plor-
head and.Bnikhuad Ltoe as established slon,; the
westerly side of Biscayne Bay).
Bounded on the Northeast by th- Southesoterly pro-
dilotlon of the Northeasterly rlrht-of-way line or
Kirk street)
Bounded on the Southwest by int Southeasterly pro -
Kation of the Southwester boundary of that trsct
of land Narked •John W. 11opglna Lot, Loki Ploold
SCUo0l" aoovrding to the Plat of the John •. Hopkins
Lake Placid School Property. as reoorded in Plat nook
6 at rage 152 or the Public n000rds or U►ae county,
Florida)
Bounded on the Southeast by that land which to can.
•latently more than 6 feet below the nean.low.water
surface, or Biseeyme Bay.
I• PAOVIDiD, NOIRVYR, anything herein to the contrary notwrithstandln6,
��• this deed to Elven and granted upon the express condition subsequent
that the Grantee heroin or its Oucoesaors and assians shall never
s sell or convey or lease the above described land or any port there -
air to W private person, tiro or corporation for any private use
or purpose, it being the intentlon at tnla restriction that the
said land@ Shall be used solely for public purposes, luucludlng
smnioipal purposes and not *Ww"L@@.
PROYIDBD. FUR TltBR, "thing ha"Sn 4o the contrary notwitbatandlna,
thla deed in elven and granted upon the iurtter sup rens condition
subsequent that the Grants• herein or it@ susoessors or os@L$na
OAU mob alve or grant any license or permit to " private per-
son, firm or corporation to construct or make by ►+>,7 means, any
islands, fills, embankments, struatures, building• or other stuallar
things within or upon the above dotcribed lands or any part there-
at tor' any rivate use or purpose, as dlstingulahad from any public
or eatniolpal use or purpose
It to eovenan:sd Rod Wood tbet the above conditions subsequent
abm11 run w1tA the land and •try wlolation thereof shall rondtr this
d@sd•null and void.and the above described land& &hall. 131 such,
'i +. wont, revert to the Grantors &P theLV swetssorn
�18 of t q 01— 702
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c*uw% on-madhMed IMW~U jolems in Sell; 11ito 11, ooj Is ea, Sajiv""
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""'a" lbt* seats *wJ offised, 1bk evolo, Seat bar@ sommed Ike ilml of the 11AM0411ir
01, 40041-67004" or rut surm (w to iv brMnip SHAW at 11-V Cloplool. Is #be vily
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TWO Ifialtemmut was 14:41 IV regard
1949 ALZz'w"Im in 4* tKuled
a. a. %AA*04T$tg"'AAX
70
Attdemt B
Powe 19 of 19 Fwm
SSIL Nb, 132846159
01— 702
ATTACHMENT II
soARSF TRUSTEES OF THE INTERNAL 1MPR ENT
RUST FUND OF THE STATE OF FLORID
TEMPORARY WAIVER OF RESTRICTIONS AND REVERTER
DEED NO. 19448
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA ("Trustees"), is by Section 253.03, Florida
Statutes, authorized and empowered to waive restrictions and reverters on lands under the terms and
conditions set forth herein; and,
WHEREAS, the said Trustees conveyed to the City of Miami ("City"), whose address is 444
S.W. 2"' Avenue, Miami, Florida 33130, its successors and assigns, those lands which are more
particularly described in Exhibit "A" attached hereto (the "Property") and which are a portion of the
lands described in Deed No. 19448, recorded April 11, 1949, in Deed Book 3130, Page 260, Public
Records of Dade County, Florida; and,
WHEREAS, said Deed No. 19448 contains the following restrictions and reverter ("Original
Restrictions and Reverter"):
Provided, however, anything, herein to the contrary notwithstanding,
this deed is given and granted upon the express condition subsequent
that the Grantee herein or its successors and assigns shall never sell or
convey or lease the above described land or any part thereof to any
private person, firm or corporation for any private use or purpose, it
being the intention of this restriction that the said lands shall be used
solely for public purposes, including municipal purposes and not
otherwise.
Provided, further. anything herein to the contrary notwithstanding, this
deed is given and granted upon the further express condition subsequent
that the Grantee herein or its successors or assigns shall not give or
grant any license or permit to any private person, firm or corporation
to construct or make by any means, any islands, frills, embankments,
structures, buildings or other similar things within or upon the above
described lands or any part thereof -for any private use or purpose, as
distinguished from any public or divnicipal use or purpose.
It is covenanted and agreed that the above conditions subsequent shall
run with the land and any violation thereof shall render this deed null
and void and the above described lands shall, in such event. revert to
the Grantors or their successors.
WHEREAS, the City is desirous of leasing the lands described in Deed No. 19448 to Grove
Harbour Marina and Caribbean Marketplace, LLC, for marina purposes, and in order to accomplish
Page 1 of 8
Temporary Waiver of Restrictions and Reverter 01— 702
Deed No. 19448
fI1IiZ�iiliY
the same, it is nccessathe Original Restrictions and Reverter on th s described in Deed
No. 19448 be temporarily waived, and
WHEREAS, said Trustees did approve this Temporary Waiver of Restrictions and Reverter
on the 251h day of July, 2000.
NOW THEREFORE, IT IS HEREBY COVF.NANTF.D AND AGREED:
THAT the Original Restrictions and Reverter described in Deed No. 19448 are hereby temporarily
waived by the Trustees for the sole purpose of allowing the City to lease the Property to Grove
Harbour Marina and Caribbean Marketplace, LLC for marina purposes subject to the following
conditions ("Special Conditions"):
The waiver of Original Restrictions and Reverter shall continue in effect for a period
of 20 years beginning on the earlier of July 1, 2001 or the date on which Grove Harbour Marina and
Caribbean Marketplace, LLC takes possession of the Property.
Beginning on the earlier of July 1, 2001 or the date on which Grove Harbour Marina
and Caribbean Marketplace, LLC, takes possession of the Property, the City shall pay to the
Trustees on an annual basis the greater of $19,000 (the "minimum annual payment") or six percent
of the gross revenues as described in section I8 -21.011(1)(x)1., Florida Administrative Code.
Begitming in the second year, the minimum annual payment will be subject to annual
adjustment for proportionate increases or decreases in the Consumer Price Index ("CPI").
Notwithstanding the foregoing, such adjustment to the minimum annual payment shall not increase
or decrease by more than three percent (3 %) in any one calendar year. The minimum annual
payment established by this adjustment will continue in effect as the minimum annual payment until
again adjusted. In no event will the minimum annual payment be less than $19,000 as a result of any
adjustment. The annual adjustment of the minimum annual payment will be the product of the
minimum annual payment multiplied by a fraction, the numerator of which is the comparison index
and the denominator of which is the base index. 1rhe term "base index" means the CPI in effect for
the calendar month of the rent commencement date. The term "comparison index' means the CPI in
effect for the second calendar month before successive anniversaries of the rent commencement date.
For purposes of this Temporary Waiver of Restrictions and Reverter, the "rent commencement date"
is July 1 of each calendar year beginning July 1, 2001. The term CPI means the Consumer Price for
all Urban Consumers (CPI -U) for the area encompassing the City of Miami metropolitan area
Page 2 618
Temporary Waiver of Restrictions and Reverter
Deed No. 19448 01- 702
iIlIiI71."1.
published monthly in0PI Detailed Report by the Bureau of Labor S�ics of the U.S. .
Department of Labor.
4. The City shall be responsible for making the annual payment by July 1st of each year.
The City shall pay to the Trustees on July 1st of each year the greater of (i) the sum of Nineteen
Thousand and N0/100 Dollars ($19,000.00) ("minimum annual payment") or (ii) the sum realized
from the percentage of gross revenues set forth in Special Condition No. 2 above. The minimum
annual payment shall be subject to the CPI adjustment set forth in Special Condition No. 3 above.
The annual payment shall be made no later than thirty (30) days after the annual due date of July 1.
Any payments received after that time will be subject to a fifteen percent (15%) late fee. The first
payment shall also include the prorated amount owed to the Trustees if Grove Harbour Marina and
Caribbean Marketplace, LLC takes possession of the Property prior to July 1, 2001.
5. The City shall submit annual financial audit reports, provided by Grove Harbour
Marina and Caribbean Marketplace, LLC, in accordance with its lease agreement with the City dated
March 12, 1999, to the Trustees. The annual financial audit reports shall be completed by an
independent certified accounting firm in accordance with generally accepted accounting standards
and practices which certify the accuracy of the payments required by Special Conditions Nos. 2 and
3 of this Temporary Waiver of Restrictions and Reverter. The City shall make available to the
'trustees all financial and other records relating to the payments required by this Temporary Waiver
of Restrictions and Reverter at any reasonable time and the Trustees shall have the right to audit
these records. This right shall be continuous throughout the term of this Temporary Waiver of
Restrictions and Reverter. Should the City fail to allow public access to all documents, papers,
letters or other materials made or received in conjunction with payment required by Special
Conditions Nos. 2 and 3 pursuant to the provisions of Chapter 119, Florida Statutes, the Division of
State Lands, Department of Environmental Protection ("Division") will provide the City with notice
of non-compliance and enforce the provisions o0pecial Condition No. 7 below.
6. This Temporary Waiver of Restrictions and Reverter and the Special Conditions
contained herein shall remain in effect until the earlier of lune 30, 2021 or 20 years from the date on
which Grove Harbour Marina and Caribbean Marketplace, LLC took possession of the Property.
Prior to the earlier of July 1, 2021 or 20 years from the date on which Grove Harbour Marina and
Caribbean Marketplace, LLC took possession of the Property, the Trustees and the City agree to
Pape 3 of 8
Temporary Waiver of Restrictions and Reverter
Deed No. 19448 01— 702
renegotiate these Specinditions and the renegotiated Special Condit shall take effect on the
earlier of July 1, 2021 or 20 years from the date on which Grove Harbour Marina and Caribbean
Marketplace, LLC took possession of the Property and this Temporary Waiver of Restrictions and
Reverter shall be extended for an additional 20 years and terminate upon the earlier of June 30, 2041
or 40 years from the date on which Grove Harbour Marina and Caribbean Marketplace, LLC took
possession of the Property. If this Temporary Waiver of Restrictions and Reverter is extended for
an additional 20 years, it shall comply with the requirements of the Trustees or its successor and all
applicable statutes and administrative rules in effect at the time of the extension. if the parties are
unable to successfully negotiate the special conditions which would apply during the 20 year
extension period, this Temporary Waiver of Restrictions and Reverter shall not be extended for an
additional 20 years and it shall terminate upon the earlier of June 30, 2021 or 20 years from the dale
on which Grove Harbour Marina and Caribbean Marketplace, LLC took possession of the Property.
If the City refuses or otherwise fails to comply with any or all of the Special
Conditions in a timely mat►ner to the satisfaction of the Trustees, and the City fails to cure any
default or tion -compliance after being given the opportunity to do so, this Temporary Waiver of
Restrictions and Reverter shall automatically, and without any other notice of any kind, terminate,
cease to exist, be null and void and the Original Restrictions and Reverter contained in Deed No.
19448 shall be reimposed on the Property and the City hereby agrees to reinstate the Original
Restrictions and Reverter on the Property.
It is recognized and agreed by the City and the Trustees that the City is entitled
to basic notice of default and an opportunity to cure the default before the Trustees terminate this.
Temporary Waiver of Restrictions and Reverter. Therefore, the following process is established:
a. The Trustees agree that in the event that the Trustees or
the Division finds that the City has failed to comply with all of the Special Conditions in a timely
manvier, the Trustees or Division will issue notice to the City of such failure. A notice of
noncompliance issued by the Trustees or Division will state the alleged area of noncompliance and
will provide the City with reasonable time (being no less than thirty (30) days from receipt of
notification) to cure a default in payment or other area of noncompliance.
b. The Trustees agree that the Original Restrictions and Reverter set forth in
Deed No. 19448 and referenced in this Temporary Waiver of Restrictions and Reverter shall not be
Page 4 of e,
Temporary Waiver of Restrictions and Reverter
Dead No. 19446 01— 702
re -imposed until sucht the Trustees find the City to be in default required payment or in .
noncompliance of a Special Condition. in the event of such a finding of default or noncompliance,
the Trustees may terminate this Temporary Waiver of Restrictions and Reverter and the Original
Restrictions and Reverter shall be reimposed on the Property and the City hereby agrees to reinstate
the Original Restrictions and Reverter on the Property.
9. The City shall not permit the Property or any part thereof to be used or occupied for
any purpose, activity or business other than those authorized by Trustees' Sovereignty Submerged
Lands Lease No. 132846159 unless such proposed use and occupancy are previously consented to by
the Trustees and this 'Temporary Waiver of Restrictions and Reverter for Deed No. 19448 is
modified accordingly, nor shall the City knowingly permit or suffer any nuisances or illegal
operations of any kind on the Property.
10. Upon the termination of this Temporary Waiver of Restrictions and Reverter the
Original Restrictions and Reverter contained in Deed No. 19448 shall be reimposed on the Property
and the City hereby agrees to reinstate the Original Restrictions and Reverter on the Property.
Page S of 8
Temporary Waiver of Restrictions and Reverter
Deed No. 19448
01- 702
. • s
IN WITNESS OREOF, the Board of Trustees of the Internrovement Trow fund of
the State of Florida has caused this Temporary Waiver of Restrictions a everter to be executed
the day and year first above written.
Witness
'2%*AIA.s L. s6L."2"7
Print/Type Witness Name
_`J2A0aLr-
PrintJType Witness Name
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE ODA
Ole
By: 0v-tsCAL)
ROBE J. N, ASSISTANT
DIRECTOR, !VISION OF STATE
LANDS, DEPARTMENT OF
ENVIRONMENTAL PROTECTION
on behalf of the BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE.STATE OF
FLORIDA
The foregoing instrunwnt was acknowledged before me this day or•
2001;1 by Robert J. Lovern, Assistant Director, Division of State Lands, Dqw t of
Envirorunental Prutection, as agent for and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, who is personally known to me.
(SEAL)
Notary i, tate F ids
atam.a�aws
wroowaeatsccsr�t
s:t+aa�i.taso
Print/Type Notary NanK N"""'''"""
Commission Number:
My Commission Expires:
Approved as to
Form nd Lc i y .
By:
EP AttorMy
Page 8 of 8
Temporary Waiver of Restrictions and Reverler
Deed No. 19448
s�i•
01- 702
City hereby we this Temporary Waiver of Restrictions and 4and agrees tp
comply with the Special Conditions set forth in this Temporary Waiver o Restrictions and Reverter.
. -ASJ44,-414v,�
Witness
bf-'& 134'41-h:r A
Print/Type Witness Name
i
Witness
Print/Type Witness N
STATE OF FL DA
COUNTY OF
CITY OF MIAMI, FLORIDA
Its:
(OFFICIAL SEAL)
alk4ad .
S
/► The foresoi inmstrument was acknowledged before mo this_2_day of _, 200tJ
by �irb6 A. Aiernpz. , as , on behalf f the Board
of Commissioners of the City of Miami, Florida. e� rsonall known to me or produced
as identification.
a.'�
- . 40 ,
NOW Publi
Printed/Typed Name of Notary
Commission No.:°�-Qfia� . wsf.."Cmr
aty
Commission Expires: AuwkOMAN
CO -
This instrument prepared by and return to:
Steve Remko
Department of Environmental Protection
3900 Commonwealth Blvd., M.S. 130
Tallahassee, Florida 32399
(830)488.2291
Pape 7 of a
Tetrgilorary Waiver of Restrictions and Reverter
Deed No. 19448
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SOVEREIGNTY SUBMERGED LANDS LEASE
BETWEEN
THE CITY OF MIAMI
d N - AND
`pAitD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF
THE STATE OF FLORIDA
� k
f>
APPROVED AS TO APPROV F AND
t #rlsv , l M��: CORR
Mario Soldcvilla, Administrator Ilo
01- 702
CITY OF MIAMI, FLORIDA 20
INTER -OFFICE MEMORANDUM
TO DATE FILE
The Honorable Mayor and Members JUL - 2 ^'
of the City Commission SUBJECT
Authorizing Execution of Amendment
to Grove Harbour Lease
FROM. REFERENCES
nez
City a ENCLOSURES
RECOMMENDATION:
The administration recommends that the City Commission adopt the attached resolution
authorizing the City Manager to execute Amendment No. 1, in substantially the attached form, to
the lease agreement between the City of Miami and Grove Harbour Marina and Caribbean
Marketplace ("Grove Harbour"). This amendment will: (1) modify the lease term to coincide with
the term set forth in the previously approved State of Florida Submerged Lands Lease and
Temporary Waiver of Restrictions; (2) modif}- the Conditions Precedent for possession of Property
by Lessee to include a submerged lands lease from the State and a Butler Act disclaimer. (3)
modify the terms for payment to the State in consideration of the submerged lands lease and
waiver of deed restrictions to provide for Grove Harbour to pay any amounts owed to the State in
excess of $47,200 commencing in Lease Year 3, (4) provide an acknowledgment by the panties of
the terms and conditions contained in the submerged lands lease and waiver of deed restrictions;
(5) reduce the number of slips to be provided in the marina as a result of environmental permitting;
(6) require Lessee to the retain a marina and boat yard consultant; (7) prohibit dockage of
entertainment vessels that provide gambling; (8) amend certain definitions; (9) revise various
terns and conditions pertaining to the sale and/or transfer of leasehold interest; (10) provide a
release of claims: and (11) provide for the City to procure an updated title search report.
BACKGROUND:
The City of Miami entered into a lease with Grove Harbour Marina and Caribbean Marketplace,
LLC ("Grove Harbour") dated March 12, 1999 (the "Lease"), for the leasing of approximately 6.95
acres of upland and 6.6 acres of submerged land in the Dinner Key area. The Lease is for a period
of 40 years.
In accordance with the Lease, the City sought a Temporary Waiver of Restrictions and Reverter
("Waiver") for the submerged lands from the Board of Trustees of the Internal Improvement Trust
Fund. During this process it was discovered that a portion of the submerged lands lying between
the bulkhead and the US Harbor Line are sovereign submerged lands. In order for the City to
continue with the Lease and to continue utilisation of the sovereign submerged lands, the City
sought and is receiving a submerged lands lease from the State. The term of the submerged lands
lease and the Waiver as granted by the State is for 20 years with the State having the option to
renew for an additional 20 -year period.
01- 702
611111168-2
0
The Honorable Mayor and Members
Of the City Commission
Page 2
It is necessary at this time to amend the Lease with Grove Harbour so the parties may acknowledge
the terms and conditions of the State's Submerged Lands Lease and Waiver of Deed Restriction.
The amendment first provides for a change in the lease term, to coincide with the terms of the
State agreements. Secondly. definitions have been added to describe the terms of the State
agreements and its Butler Act disclaimer. Next, the lease amendment provides that in the event
the submerged lands lease is renewed and the Waiver is not, the parties will agree to negotiate to
enter into a management agreement for Grove Harbour's management of the wet slips in the area
covered by the Waiver. In the event the submerged lands lease and Waiver are both not renewed,
then Grove Harbour would continue to operate the remainder of the facilities and the rent would be
adjusted based upon an appraisal.
This amendment continues further by revising the formula by which the parties pay the State any
and all amounts due for the submerged lands lease and waiver for Lease Year 3 and thereafter.
When Grove Harbour takes possession of the lease property, it will pay all amounts due to the
State in connection with the submerged lands lease and the waiver during the first 2 years of the
Lease. Commencing in Lease Year 3. the City was to pay the first $50,000 and Grove Harbour
would pay any and all amounts due thereafter. This amendment will modify the formula so that
the City will pay the first $47,200 and Grove Harbour will pay any amounts due in excess of
$47,200. Any amounts due to the State from the City can be paid from the rental revenues
received by the City from Grove Harbour. Pursuant to the lease agreement, the City will receive a
minimum annual rent of $300,000 in Lease Years 1 and 2; $350.000 in Lease Year 3; $450,000 in
Lease Year 4; $500,000 in Lease Year 5; and $550,000 in Lease Years 6 and 7. Thereafter, the
minimum annual rent will be adjusted pursuant to an appraisal but will not be less than
$550,000/year.
During the discussions with the Lessee about the submerged lands issues, it was determined that
other aspects of the lease required modification. These have also been incorporated into the
amendment. First, the required number of wet slips at the marina has been reduced from 122, the
number initially thought to be allowed by permitting agencies, to 52 slips, with the option to
expand the number based on environmental permitting. Secondly, the amendment mandates that
the Lessee retain the services of a marina and boatyard consultant, to be approved by the City, at
least through the first 2 years of operation. Thirdly, entertainment vessels that provide gambling
are expressly prohibited within the lease property. Next, various terms and conditions pertaining
to the sale and/or transfer of leasehold interest have been revised, and language was added to
broaden the City's authority to review and approve transfers involving 5% or more of any
leasehold interest, where previously 15% was stipulated. A provision was also added for a 3
month interim period for Lessee to find a replacement "Acceptable Operator" in the event of a
death of a member deemed an "Acceptable Operator". Further, Lessee will release the City from
any and all claims it has, ever had, or may have in the future, as a result of any delay caused by
obtaining the State Lease or Waiver. Additionally, the City will procure an updated title search
report for review by Grove Harbour.
We recommend that these modifications to the lease be implemented by your adoption of the
attached legislation.
AG�I�B 01— 702
IIIIIb9.7�