HomeMy WebLinkAboutR-00-0921J-00-807
10/25/00
RESOLUTION NO. 00— 9 21
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE STATE OF FLORIDA, FOR
THE LEASING OF APPROXIMATELY 152,747.8 SQUARE
FEET OF SUBMERGED LAND ADJACENT TO 2640 SOUTH
BAYSHORE DRIVE, MIAMI, FLORIDA TO BE USED FOR
PUBLIC MARINA PURPOSES, FOR AN INITIAL TERM
OF TWENTY (20) YEARS WITH THE OPTION TO RENEW
FOR AN ADDITIONAL TERM OF TWENTY ( 2 0 ) YEARS ,
WITH AN INITIAL FEE OF, $15,178.86 OR SIX
PERCENT (6%) OF GROSS REVENUE FROM THE WET
SLIP RENTALS, WHICHEVER IS GREATER; FURTHER
AUTHORIZING THE CITY MANAGER TO PAY THE STATE
OF FLORIDA OF AN ANNUAL FEE OF $15,178.87 FOR
THE PERIOD OF TIME BETWEEN THE DATE OF
APPROVAL OF THIS LEASE BY THE BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND AND JULY 1, 2001, OR THE DATE ON WHICH
GROVE HARBOUR MARINA AND CARIBBEAN
MARKETPLACE, LLC TAKE POSSESSION OF THE
PROPERTY, WHICHEVER IS EARLIER, WITH TERMS
AND CONDITIONS MORE PARTICULARLY SET FORTH IN
THE LEASE AGREEMENT; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE
NO. 001000.921002.6.270.
WHEREAS, the City of Miami ("City") 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; and
CITY. COMMSMOR
MEETING OF,
0 C T 2 6 2000
00- 92�;
•
•
WHEREAS, in accordance with the Lease, the City sought a
Partial Modification of Restrictions for the submerged lands from
the Board of Trustees of the Internal Improvement Trust Fund,
wherein it was discovered that a portion of the submerged lands
are sovereign submerged lands owned by the State of Florida; and
WHEREAS, for the City to continue with the Lease for
utilization of these submerged lands, it is necessary for the
City to obtain a lease from the State of Florida for that portion
which is sovereign submerged lands;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorizedl� to
execute a. lease agreement, in substantially the attached form,
between the City of Miami and the State of Florida, for the
leasing of approximately 152,747.8 square feet of submerged land
1� The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
Page 2 of 4
00-
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adjacent to 2640 South Bayshore Drive, Miami, Florida to be used
for public marina purposes, for an initial term of twenty (20)
years with the option to renew for an additional term of twenty
(20) years, with an initial fee of $15,178.86 or six percent (6%)
of gross revenue from the wet slip rentals, whichever is greater.
Section 3. The City Manager is authorized to pay to the
State of Florida an annual fee of $15,178.87 for the period of
time between the date of approval of this lease by the Board of
Trustees of the Internal Improvement Trust Fund and July 1, 2001,
or the date on which Grove Harbour Marina and Caribbean
Marketplace, LLC take possession of the property, whichever is
earlier, with terms and conditions more particularly set forth in
the lease agreement, with funds allocated from Account Code No.
001000.921002.6.270.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2/
z/ If the Mayor does not 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 3 of 4
00- 921
PASSED AND ADOPTED this 26th
0
day of October—, 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code- Sec. 2-31U, since the Mlayor did. not indicats) approval cq.
this legislation by signing in the designa.".-ed picace provided, said legislation vlow.
becomes effective with the elapse of ten (10) days from the date of commission action,
regarding same, without the Mayor exercising a vote.
S
ATTEST:
Walo-e-t -.J'.'., FbOman; �-,qiit; Y.,7�C-l-er=
WALTER J. FOEMAN
CITY CLERK
FAWN
NDRO VIL
ATTORNEY
W4697:L]3:13SS:kdw
AND CORRECTNESS:
Page 4 of 4 00- 921
This Instrument Prepared By:
Deborah Trim
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS LEASE
No. 132846159
PA No. 13-0143446-001
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 timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby
lease to City of Miami, a Florida municipal corporation hereinafter referred to as the Lessee, the sovereign lands described as
follows:
A parcel of sovereign submerged land in Section 22,
Township 54 South, Range 41 East, in Biscayne Bay,
Miami -Dade County, containing 152.748 square feet, more or less,
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 20 years from July 25, 2000 the
effective date of this lease. The terms and conditions on and for which this lease is granted are as follow:
1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a docking facility exclusively to
be used for the mooring of non-commercial and commercial recreational vessels in conjunction with an upland
commercial/municipal marina, with fueling facilities, with a sewage pumpout facility, and without liveaboards as defined in
paragraph 29, as shown and conditioned in Attachment A, and the Department of Environmental Protection, Environmental
Resource Permit No. 132846159, dated October 2, 1996, and modified Permit No. 13-0143446-001, dated October 5. 1998,
incorporated herein and made a part of this lease by reference. The construction of the structures described in Attachment A
shall be completed within the initial term hereof or within the first 5 years of the initial term if the initial term is for a period
greater than 5 years. The failure to complete the construction of all authorized structures within this time period.shall constitute
a material breach of the lease causing the lease to automatically terminate upon the expiration of the initial term or 5 years,
whichever is sooner, without any right of renewal.
2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor the sum of $2.529.51, as compensation for the 20
percent annual extended term fee, and an initial annual lease fee of $12,647.53, and sales tax pursuant to Section 212.031,
Florida Statutes, if applicable, within 30 days of receipt of this fully executed lease. The annual fee for the remaining years of
the lease shall be adjusted pursuant to the provisions of Section 18-21.011, Florida Administrative Code. The Lessor will
extended term fee shall be remitted annually to the Division of State Lands as the agent for the Lessor, beginning with the
effective and due date of this lease, and each year thereafter until the term of this. lease ter4riates or expires.1101)
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3.
WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: The Lessee shall provide upon
request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2)
above, including the total amount of the gross receipts derived from the rental of wet slips, if applicable. When six percent
(6%) of the gross receipts derived from the rental of wet slips exceeds the prorated base fee or minimum fee established
pursuant to section 18-21.011, 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 the amounts for that lease year.
4. LATE FEE ASSESSMENTS: The Lessee shall pay a late charge equal to interest at the rate of twelve percent
(12%) per annum from the due date until paid on any lease fees due hereunder which are not paid within 30 days of their due
dates.
5. EXAMINATION 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
of annual lease payments as specified in paragraph two (2) above.
6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall secure, maintain, and keep all recordsAfor the
entire term of this lease, plus three (3) additional years. This period shall be extended for an additional two (2) years upon
request for examination of all records and accounts for lease payment verification purposes by the Lessor.
7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein and as conditioned by the Department of Environmental Protection, Environmental
Resource Permit. The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., from
commercial to multi -family residential, from temporary mooring to rental of wetslips, from rental of wetslips to contractual
agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring
of charter/tour boats, from loading/offloading commercial to rental of wetslips, etc.), shall not change activities in any manner
that may have an environmental impact that was not considered in the original authorization or regulatory permit, or shall not
change the type of use of the riparian uplands without first obtaining a regulatory permit/modified permit, if applicable, and the
Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable,
the removal of any structures which may no longer qualify for authorization under the modified lease.
8. 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.
9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be
terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in
the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the
existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to
effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility
for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or
penalty assessments incurred prior to such act.
10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
11. 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
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waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended iiom
time to time, or any other law providing limitations on claims.
Page 2 of 21 Pages
Sovereignty Submerged Lands Lease No. 132846159
00- 921
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12. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease and any such
litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida.
13. NOTICES/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, it
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or
in the event the Lessee violates any of the provisions and conditions herein, or fails or refuses to comply with the provisions
and conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this lease may be terminated by the
Lessor upon thirty (30) days written notice to Lessee. If canceled, all of the above-described parcel of land shall revert to the
Lessor. All costs and attorneys' 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 Iease 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, 10th 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. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter 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 thereof
to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are
consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on the leased premises.
16. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment Iocated 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 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 furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises
or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will
provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this
lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided.
18. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
19. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
Page 3 of 21 Pages
Sovereignty Submerged Lands Lease No. 132846159
00- 921
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20. RENEWAL PROVISIONS RenewaI'of thts leases 1= at a sole'o "hon o e Lessoi. 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 of this lease, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to
the expiration date of the original or current 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 of this lease 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. ----
2 1.
nterest.
21. 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 of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
13 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
22. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Any costs incurred by the Lessor in removal
of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and
expenses shall constitute a lien upon the interest of the Lessee in its riparian upland property enforceable in summary
proceedings as provided by Law.
23. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
24. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease
agreement at the option of the Lessor.
25. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged
and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of
the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the
Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee
obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the
mooring capacity of the facility.
Page 4 of 21 Pages
Sovereignty Submerged Lands Lease No. 132846159
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26. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL
ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased area. No restaurant or dining
activitiesare to occur within the leased area. The Lessee shall ensure that no permanent, temporary or floating structures, O � 0
fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall
subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,
safety of welfiie; provided; however, that such activities shall not exceed the activities authorized by this agreement.
27. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOS) 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.
28. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
29. 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(1) of this lease, in no event shall such "liveaboard" status exceed six(6) months within any twelve(12) month
period, nor shall any such vessel constitute a legal or primary residence.
30. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or �Jo
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 rerrun to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
31. SPECIAL LEASE CONDITIONS:
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-come, first-served" basis. To help ensure compliance with the requirement and 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 the
public on a "first-come, first-served" basis. � /'� . _ D ��G��
b. , The'terms and conditions herein yincluding ttiose''telated'to-assess ht of -lease fees; 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 maybe,
modified or additionalT conditions may be unposed as deemed necessary _by.. the Lessor -6 For the purpose of this provision the terms
and conditions of the lease, including additional conditions, may be,modified for, but not limited to.the.following reasons: -Pr;
1. to conform to the adoption or revision of Florida Statutes (F.S.), rules, and standards that.require the modification
of the lease for compliance;
2. to ensure compliance with the federal Endangered Species Act, 16 USC, s. 1531, et seq., and the Florida
3: to conform to adoption of ieirision of rules *pgirduig tneassessrnent of lease fees;
Page 5 of 21 Pages
Sovereignty Submerged Lands Lease No. 132846159
00- 921
W1
4. to conform to any modification to terms and conditions of a permit from the Department of Environmental
Protection, the U.S. Army Corps of Engineers, or any other required form of approval; and,
5. to remove any structure declared to be a public nuisance.
Page 6 of 21 Pages
Sovereignty Submerged Lands Lease No. 132846159
00-� 921
•
WITNESSES:
Original Signature
Print/Type of Witness
Original Signature
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
•
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA
(SEAL)
BY:
Kirby B. Green III, Deputy Secretary,
Department of Environmental Protection, as agent for
and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida
"LESSOR"
The foregoing instrument was acknowledged before me this day of , 20,, by
Kirby B. Green III, Deputy Secretary, Departnent of Environmental Protection. as agent for and on behalf of the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
DEP Attorney
WITNESSES:
Original Signature
Typed/Printed Name of Witness
Original Signature
Typed/Printed Name of Witness
STATE OF
COUNTY OF
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
City of Miami, a Florida municipal corporation (SEAL)
BY:
Original Signature of Executing Authority
Carlos A. Girnenez
Typed/Printed Name of Executing Authority
City Manager
Title of Executing Authority
"LESSEE"
The foregoing instrument was acknowledged before me this day of , 20 , by
Carlos A. Gimenez as City Manager, for and 6n behalf of the City of Miami, a Florida municipal corporation. He is personally
known to me or who has produced , as identification.
My Commission Expires:
Comrnission/Serial No.
Page -.L of 21 Pages
Sovereignty Submerged Land Lease No. 132846159
Notary Public, State of
Printed, Typed or Stamped Name
00- 921
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00- 921
•
-LEGAL DESCRIPTIONS -
PARCEL 3 ' (UPLAND) -DISCLAIMER AREA
*ET 4 OF 6 SHEETS
A portion of fractional Section 22, Township 54 South Range
41 East, Miami -Dade County, Florida more particularly
described as follows:
Commence at the Southwest corner of the Northwest 44 of said
Section 22; thence along the southerly extension of the west
line of said Northwest 14 , South 02 24'44" East for 66.00
feet to its intersection with the meander line shown in Plat
Book 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
533 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 intersection with the original
high water mark of Biscayne Bay as shown on said Plat and
the Point of Beginning; thence North 13°04156" East for
304.43 feet to its intersection with the north line of a
parcel described as Parcel A Upland 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°46156" East for 0.54 feet to its
intersection with the mean high water line of Biscayne Bay
as measured along the outside face of the metal sheet piling
under the existing sea-wall; thence along said mean high
water line South 18°44139" East for 552.52 feet to its
intersection with the south line of said specific purpose
survey by Biscayne Engineering; thence along said south line
North 76003106" West for 243.00 feet; thence along said
south line North 31°04107" West for 70.18 feet; thence along
said south line North 76°46156" West for 0.06 feet to its
intersection with the south line of said deed recorded in
Deed Book 1186 at Page 533; thence North 13°04'56" East for
110.99 feet to the Point of Beginning.
Containing 66,788.3 square feet or 1.53 Acres more'or less.
PARCEL A (SUBMERGED LAND) _
A portion of fractional Section 22, Township 54 South Range
41 East, Miami -Dade County, Florida more particularly
described as follows:
Commence at the Southwest corner of the Northwest :4 of said
Section 22; thence along the southerly extension of the west
line of said Northwest 4 , South 02024144" East for 66.00
feet to its intersection with the meander line shown in Plat
Book 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
533 of the Public- Records of Dade County, Florida; thence
:... .'. .. linc Nnrth 60*151 .All _Fast for 1421.12
feet (1421.10 deed). to its intersection with the original
high water murk of Biscayne Bay as shown on said Plat,-
thence
lat;thence North 13004156" East for 304.43 feet to its
intersection with the north line of a parcel described as
Parcel A Upland in Specific Purpose Survey at Dinner Key
Marina last revised on June 3rd, 1996, Prepared by Biscayne
Engineering Company Order 0172839 Miscellaneous City of
Attadnnt A
Page 9 of 21 Pis
SSIL I\b. 13281+6159
0,0 - 9 21
SHEET 5 OF 6 SHEETS
Miami File 61-329A; thence along said0orth line South
76046156" East for 0.54 feet to its intersection with the
mean.high water line of Biscayne Bay 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°12118" East for 168.44 feet; thence South
13013104" West for 372.00 feet; thence North 76°46156" West
for 267.20 feet to its intersection with the mean high water
line as previously described; thence North 18044139" East
for 553.98 feet to the Point of Beginning.
Containing 187,785.16 square feet or 4.31 Acres
PARCEL A-1 (SUBMERGED LAND)- LEASE AREA
A portion of fractional Section 22, Township 54 South Range
-41 East, Miami -Dade County, Florida more particularly
described as follows:
Commence at the Southwest corner of the Northwest 14 of said
Section 22; thence along the southerly extension of the west
line of said Northwest 1-4 , South 02024'44" East for 66.00
feet to its intersection with the meander line shown in Plat
Book 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
533 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 intersection with the original
high water mark of Biscayne Bay as shown on said Plat;
thence North 13004156" 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°46156" East for 0.54 feet to its intersection with
the mean high water line of Biscayne Bay 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°12118" East for 96.19 feet to
its intersection with the Pierhead and Bulkhead line of
1939; thence along said Pier -head line South 21008157" West
for 418.04 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°44'39" West along said mean high water line for 553.98
feet to the Point of Beginning.
Containing 152,747.8 square feet or 3.51 Acres
PARCEL A-2 (SUBMERGED LAND)- WAIVER OF DEED RESTRICTION AREA
A portion of fractional Section 22, Township 54 South Range
41 East, Miami -Dade County, Florida more particularly
described as follows:
Commence at the Southwest corner of the Northwest ;i of said
Section 22; thence along the southerly extension of the west
line of said Northwest k , South 02°24'44" East for 66.00
feet to its intersection with the meander line shown in Plat
Book 34 Page 2 of the Public Records of Dade County,
Florida, said line being also the northwest line of the
Attad imt A
Page 10 of 21 Pages
SSCL ND. 132846159
09-- 921
S�T 6 OF 6 SHEETS
parcel conveyed by The Trustees of the Internal Improvement
Trust Fund on 1929 and recorded in Deed Book 1186 at Page
533 of the Public Records of Dade County, Florida; thence
along said meander line North 60°35'16" East for. 1421.12
feet (1421.10 deed) to its. intersection with the original
high water mark of Biscayne Bay as shown on said Plat;
thence North 13°04'56" 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°46156" East for 0.54 feet to
to its intersection with the mean high water line. of
Biscayne Bay as measured along the outside face of the
metal sheet piling under the existing sea-wall; thence
- --continue along said north line South 76`46156" East for
423.46 feet; thence South 41012118" East for 96.19 feet to
its intersection with the Pierhead and Bulkhead line of�1939
and the actual Point of Beginning; thence continue South
41012118" East for 72.25 feet;
thence South 13°13104" West for 372.00 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 116.45 feet to its
intersection with the Pierhead and Bulkhead line of 1939;
thence along said line North 21°08157" East for 418.04 feet
to the Point of Beginning.
Containing 35,037A square feet or 0.80 Acres
PARCEL B (SUBMERGED LAND)- WAIVER OF DEED RESTRICTION AREA
A portion of fractional Section 22, Township 54 South Range
41. East, Miami -Dade County, Florida more particularly
described as follows:
Commence at the Southwest corner of the Northwest ;4 of said
Section 22; thence along the southerly extension of the west
line of said Northwest 14 , South 02024144" East for 66.00
feet to its intersection with the meander line shown in Plat
Book 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
533 of the Public Records of Dade County, Florida; thence
along said meander line North 60035116" East for 1421.12
feet (1421.10 deed) to its intersection with the original
high water mark of Biscayne Bay 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°46156"_East-for 0.54 feet to
to its intersection with the mean high water line of
Biscayne gay as of the
metal sheet piling under the existing sea-wall; thence
continue along said north line South 76046'56" East for
423.46 feet; thence South 41°12118" East for 168.44 feet;
thence South 13013104" West for 89.00 feet to the Point of
Beginning; thence South 76°46156" East for 351.00 feet;
thence South 13013104" West for 283.00 feet; thence North
76046156" West for 351.00 feet; thence North 13013104" East
for 283.00 feet to the Point of Beginning.
Containing 99,333.0 square feet or 2.2804 Acres more or
less.
Attad-n mt A
Page 11 of 21 Pages
SSIL %. 132846159
00- 921
ramcmc PI wosE suFrvEr
PARCEL'3'- DISCLAIMER AREA
PARCEL 'A-1'- LE48EARS4
PARCEL 'A -r - WAIVER OF DEED RESTRICTION AREA _
WW
PARCE T, - WAIVER OF DEED RESTRICTION AREA sc" I IW'
s�
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SURVEY TYPE : SPECIRC PURPOSE SURVEY. � ,
Attachn2nt A aMMDO Z CATai P.SM,
RENSED: 08/04/00
Page 12 of 21 P*es ADDED FUnME DOCKS cmmrA tam
S'm %. 132846159 S GNED: STATE OF FLaWA
I HERESY CERAFY :
FaPiW)db Z. G&W FLS %= THAT TME ATTACHED SPECOW PVRPOSE SURWY AAEEIS THE RE*QWRED
PROFESSIONAL SURVEYORS AND MAPPERS LB 3924 M"WUM TECHNICAL STANDARD SET BY TME FLORIDA STATE BOAR OF
PROFF3MCNAL LAND SURWYORS PURSUANT TO CHAPTER 4n.027 FLORIDA
1700 S W. 57th AVE SUITE 200 STATUTES AND CHAPTER 61017 OF THE FLORIDA A0Nh/S1R417W COD.
MIAMI , FLORIDA 3315
TEL. (305) 284-4528 FAX (305)284-5218 TR AAV AND TMS v'°I R A fiURJDA
-0:
-J)ow
WrE
/ %�
19
fw.1/'21v
!B 187
Attad wit A
Page 13 of a Pages
SSM No. EM 6159
�•�a- E
IFW 99���
gr SET NA)
FIC. 0/H
`.1
en MID
p..®- 921
0
SHEET 2 OF 6 SHEETS
-SURVEYOR'S REPORT. -
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 coordinates 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 to National Geodetic Vertical Datum
of 1929 (N.G.V. D. 1929) as determined from the following
City of Miami Bench Marks and converted to N.G.V.D.
City of Miami Bench Mark (BM) stamped 5.092 at the northwest
corner of South Bayshore Drive and S W 27th Ave Elevation:
4.832 feet N.G.V.D.
City*of Miami Bench Mark (BM) stamped 5.377 at the top of
curb on the north side of South Bayshore Drive and Pan
American Drive Elevation: 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.
(TRAV.) 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
Deem
Book
1414
Page
432
Deed
Book
1459
Page
42
'Deed
Book
2754
Pages
283 to 286
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
Attadzmnt A
Page 14 of 21 Pages
M L No. 132846159
00- 921
0 STV 3 OF 6 SHEETS
Copies of Record Plats:
Plat Book 34, Page 2 (Dinner Key) April 2nd, 1930
Plat Book 74, Page 3 (Dade County Bulkhead) August 26th 1960
Miscellaneous Surveys:
U.S. Pierhead and Bulhead Line: U.S Corps Engineers Oct 1939
Biscayne Engineering Inc.: Specific Purpose 6/03/96 City
Misc. File: 61-329A
Biscayne Engineering Inc: Survey Control Sheet 08/29/84 City
Misc. File 61-133
Florida International: Boundary Survey Dinner Key Marina
11/10/99
____These 8%2"x 14" sheets are a representation of larger
32"x36" '"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.
For complete information refer to the larger drawing.
Attadrmt A
Page 15 of 21 Pages
SSEL Db. 132846159
00- 921
r
FL999199901t091999:OOC* - pop 7 of 18
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party at as first pmt" • i go cm w >Qm" • ner3da 1°aLsi-
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sdtio• sddeass
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sma is emsi4smtim of the as of an (s n•(0) dtllsrs and s"hee
meshy 00001dseatims to it in bma Paid bw ow pmrw at *0
see=d Porto Slee racaigt wwe"f is kw*IW as>s odssd" esa
Sp-tted" Wpaxwd ase sold to for mid Psrt7 at tba tee=d part,
it ssecassoes and ass=+ps" forero'r tbs feLloriat gybed Pea'
pwty, to wits
gnat oartais tract at lasd 2y a»d ULM iR_tbs
,ty Of mudCamltil ibt U ffiaof gat*
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FL99919990M I 999:60W - Page 8 of 18
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at the hes ly" 11ae at 'e -lb spahore f!!N 1
th theiataresatee !sae at Asia dirtier
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>a,, pu u6 ease" a m " at rep s at
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the sablia'B.ees�da as sada , rlarlaa 1�IiQb
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eat w top at steel pills bdused as bl^ water l�ae .
at Dish DWI . thsoaa ran No 13 &Servos 23t z5a
most along the above daseribed steel Pao beltmsad
-- and 1 Motor Use at ffiseaw aw a 4lstenes at
-- � of ti a Atana200 io(t 2Ftlvolat as Ga Moot) N"fta�
tpr a arose est as a Dews yft set ls GdaiWotef tbsw*
ron N. 40 degrees WO as• test s1aaS the Said 3=11b-
wa tw2y 33ao at Aviatiaa Aiaaots (soe.ee2i Trade street)
a distasao of =As, sore or loss to tae Point of 11K3n-
sthi► aaatalmd" offv'oxiwatal1 4.4". sores more or Las,
with riparlas ri&ts and filled lead and lends belew
bib water lite awe t and amaoant tbsto, to -
gather with all Dail�dSW erand IMPMa■rnts loeatod
!harem.
'!Ilii amweyawo is mdo by the party of the first Pais
ead aoaepted by they of the seaand part, pursuant
to 8eso2atian No. of ?be City of Y30m4 antit2edt
A BROOL 1M PSWO190 lOR TMs aLi249'M2 AND
E=U= or = UWV wMe mcmaE VD
UCW area rA=Zrisa arTSE=N err siAW
AID sea TSE A0151812M 01 NOCOSSM saorE{n
?M a rat at PEUMM or Com or a=
'>adoeT AND MOO AND'PMMWM AND
Tis IMMM . err CEIEMPMAM OF mass
as TSE CM a: JMAW PAZULR aar.W Isar Toa
mQ aWasose n I T aa =ar : oessAT= or Baca
FACUUM9 AIM NO ossmnez, To COW TSE $AIM,
adoptedtb0 Comisalmors of Tag City of Ytaai an
00 ltrd aq dAapst 1916, sae sweet to the oore�-
mats said ayresnmts heaZ omtalsoi. Rer anoe is
hmobF asee to that resolution. '
Ibis eave>renae is also aide and aoeepted sub3eet to
tsmss sad asssasnonts for thefeat 1906 eau sabepnant
pease, 490 soalag ardiasnees at tae CLt� a of 9�d and
a>06or ss tel rasalatimso Mad oatiditians, re-
strietiaas and 12ai4atiaas as anew of loom .
And the said party at the rust pert dada hereby fWUy
waaraat tbs title to said lead, ine3ndtns all buiULW awe other
Up omenta mooted sad plased thmem 1/ Pan Aworioan Airways,
!bee, said 11111 detand for ~ agalast tee 3awM c lm of an
peeaaas MAaereever.
As to oeeta s laipreeeawate, letterniests, alterattma,
ristwess alditims, stsostares or MLPs neva to or plaoee upra
aw sola lead by the w"t" statos at Amorieat. title to Id eb
Attadwmt B
Pie 17 of 21 Pagers
S'SLL No. 132846159
00- 921
}Zs 199908091 999.0006 _ pme 9 of 18
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Page 18 of 21 Pages
S'S[L No. 132146159
00 - 921
A
FL999199908091999:0006 - Page 10 of 18
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sraa or sa sow : � • Ila r_Z2;_,
Co®ti W !M I= t slit
I mmm CXRIM that ea a" dq paeasusllj No -
peseed berm* 30 »p ad MUM I�Y, to as w *U
knows and bows to as to be mom, lres"ost ad Aseist "eretery,
respectively, of Bessemer Psopertiess mmewporated, the soap"
_. ation salsa is the foregalatj lsatrummst, me loeoest to so to be
the persona who as mob officers at sold eeepoeatim eateasted
the "m j 1 do further her oertiry that ton mad there the *am
Howard Phipps mod Boualbac AWWraon dad severally aelmo4odge
berate m that the said lnstrmnot is the flree act and deed of
said corporation by thorn respectively executed as sub *Moore
for the uses and pmrposes theseias espeeaseds that the seal tbero-
mto affixed is its corporate seal by tbm is 1"m capacity af-
fixed, s.11 tasder the authwitg in them duly Tested by the hoard
of directors of said corporation.
wr2mm or bead and official seal at Now York, County
of Now York, gtate of now York, this U!dw at septesber, R. O.
ItsR.
by • '�� • •
state "a
Cammtbr atbeessid
By commission oajvisest`_
tw�...e..� %i
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00- 921
FL999199903091949:0006 - Psge 11 of 18
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ptn,il.,di sad ewv iwt to The ash: f;i� Ot •i1tAi:i
Ma • _ _ its •aamtheaaora JMW MA Modpw fw".., r►. S.A.
InwirR �oaar6d Isei,•lo+aitr '
All that submerged and partially gutnerged land in Sections 21
and 22, 23, 26, 27 and 35. Township 54uth, RanSe 41 •+aft,
` described as followsn
Sounded On the Morthwest by the United States Pier -
head and.9ulkbead Lins as established aloaC the
westerly side of Biscayne U71.
Bounded on the Northeast by th- Southeasterly pro-
duction of the Northeasterly right -of -pry line of
Kirk Street;
Bounded on the Southwest by the Soutkeasterly ,pro-
duction of the Southeesterly boundary of that tract
of land aarked "John 11. Hopkins Lot, Lake Placid
Sclwola according to the Plat of the John k. Hopkins
Lake Placid School Property, as recorded in Plat Wok
6 at Page 152 of the Public Records of Daae County,
Florida=
Bounded on the Southeast by that land which is con-
siatently more than 6 feet below the lean -low-water
surface of Biscayne Bye
PROVIM# NOWX t8, anything herein to the contrary notwithstanding,
this deed is given and granted =the express condition subsequent
that the Grantee herein or its iuoo.ssorm and assigns shall never
sell or convey or lease the above described land or any part there-
of to any private person, firs or corporation for ant private use
or purpose, it being the intention of lois restriction that the
said lands shall be used solely for public purposes, including
stanicipal purposes and not othiarriss.
PROVIDED, PURTRBR, anything bevels W the contrary notaltastanding,
this deed is given and granted upon the further e.Vress condition
EsubsetltrsnL that the Grantee, herein or its successors or ensigns
sbail not give or grant arp license or permit to auy private per -
tits or sorpoaation to construct or make by any means, any
Islands, fills, embantoaents, structures,buildings or other similar
things within or upon the above dosoribed lands or any part there-
of for a y private Brae or purpose, as distinguished from any public
or nsnitaipal use or purpose
It is ccvenamted sad agreed that the above conditions subsequent
h, shall run with the land and ap violation thereof shall render this
- dsed-adl and void Land the above described lands shall, in such
event, revert to the orantors or tb4v evesossors.
•� h:�fi�� Vii_ ` : ..:: ..: ' .. , ,
ti r���i�f;'!.
Att dinmt B
Page 2J of 21 Pages
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00- 921
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on SC.#_I�ER06 by Opemtor YM 01.1-4. M it OM -A agwt C-9. 1999 a,. 05.12:56A
Attadvent B
Page 21 of 21 ftes
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SAVINO A"'SXBUV He onto tbe Toad mm of The jolormal Imple ones I Pond of now, twild thOr W..
olswi6 an umdlAW.tbwfmnbx int~ in =4 dile 4s GSJ to an undivided dt"_.64.*wflw Otero" b, Am
djg&-W*.4V. OW he y*a or onde- tame Wd &bvW4"eA." !a' o &"'&A
�fdiD_oii►Wf JoWwj in sad jklo in &M to m Wore Leis Ow pegro:mm I"t 4.r many -10f,' -
w or under do mood abm OfteArd bAA With The PrhSW 66 arise SM drr#bt file SM.&
IX Wrr,%-Ba WMMW. Tbir TnxW4 of tate Internal ImKowasmoof FWad ct do State et lFhoids bnV k -
hmmp mbmwibgd tbok soon and a0zed heir mook mod Mrs emomd tie oed Of the UWA"No".
OF AGIUCULTURS OF TUB BTATR 9W MUM" tv be knIONO &9694, of for 090161 is low ow
of Tandome, on M. lb, AW A. .....A.0. Niou'llm
jinnared and .0or9pomalma.
hzi On, ""erupt. 'I
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State of FINWL cu'unly of Dade.
TW instrument was Inel lot record the
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00— 921
CITY OF MIAMI, FLORIDA *OCA=17
INTER-OFFICE MEMORANDUM
The Honorable Mayor and Members OCT 19 2000
TO : DATE: FILE
of the City Commission
SUBJECT: Authorizing Execution of Submerged
Lands Lease
FROM: REFERENCES:
City Manager ENCLOSURES:
RECOMMENDATION:
The administration recommends that the City Commission adopt the attached resolution authorizing the
City Manager to execute a lease agreement, in substantially the attached form, between the City of Miami
and the State of Florida, for the purpose of leasing approximately 152,747.8 square feet of submerged
land adjacent to 2640 South Bayshore Drive for public marina purposes, for an initial term of twenty (20)
years with the option to renew for an additional twenty (20) year period. This lease provides for an initial
lease fee of $15,178.87 or 6% of gross revenue from the wet slip rentals, whichever is greater. This
Resolution further authorizes the City to pay the State an annual fee in the amount of $15,178.87 for the
period of time between the date of approval of this lease by the Board of Trustees of the Internal
Improvement Trust Fund and July 1, 2001, or the date on which Grove Harbour Marina and Caribbean
Marketplace, LLC takes possession of the property, whichever occurs first.
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. In accordance with the Lease, the City
sought a Partial Modification of Restrictions 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 are sovereign submerged lands.
In order for the City to continue with the Lease and to continue utilization of these submerged lands, it is
necessary for the City to obtain a lease from the State for the sovereign submerged lands.
On July 20, 2000, the City Commission adopted Resolution 00-638 which approved, in principle, the
above referenced lease from the State.
The Honorable Mayor and Members
Of the City Commission
Page 2
'Highlights of the Lease Agreement are as follows:
Term:
20. years
Renewal Term:'
20 years'at the option of the State
Initial Lease Fee::
$15,178.87 ("Base Fee") or 6% of gross revenues from the wet slip rentals.
Increase. to Fee:
The Base, Fee will be adjusted pursuant to Section 18-21.011,. Florida
Administrative Code, which provides for annual adjustments based upon
increases or decreases in the CPI: Any adjustment to the annual- fee will not
increase or decrease by more than 3% in any one calendar year.'.
Payment to State:
The City is responsible for the payment to the State. In accordance with the lease
between the City and Grove Harbour, upon Grove Harbour's taking of
possession of the, lease property, they 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. After that, in accordance with the amendment proposed to the lease
with Grove Harbour, the City will pay the first $47,200 and Grove Harbour will
pay any amounts due in excess of $47,200.
Late Fee:
12% per annum of any lease fee not paid within 30 days of the due date
Special Conditions:
(a) A minimum of 90% of the slips at the marina shall be made available for
rent to the public .on a first-come, first-served basis.
(b) The terms and conditions of the lease including those related to Jease
fees, can be reviewed at anytime during the lease by the State and such
terms and,conditions may be modified or additional conditions imposed
as deemed necessary by the State.
(c) For accounting purposes, it is in the best interest of the City and the State
to have this lease term coincide with the term of the Temporary Waiver,
of Restrictions and Reverter .granted. to. the City in connection with this
property. The. City shall, pay to the State for the period of time between
July 25, `2000, the date of approval of this lease by the State, and July 1,
2001, or the date of possession by Grove Harbour, whichever -is earlier,
an annual fee of $15,178.87.1
CAG:A.Srate Ls CC
91
T� 7ep 00 8:15 No.001 P.02
J-00-666
7/23/00 638
RESOLUTION.NO.
A RESOLUTION OF THE MIAMI CI'T'Y COMMISSION,
APPROVING, IN PRINCIPLE, A NEGOTIATED
AGR=W=7v, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE STATE OF FLORIDA, BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FOR (1) A LEASE OF APPROXIMATELY 152,747.8
SQUARE FEET OF SOVBREIGN SUBMERGED LAND
ADJACENT TO 2640 SOUTH BAYSHORE DRIVE, MIAMI,
FLORIDA, TO BE USED FOR PUBLIC MARINA
PURPOSES, ON A FIRST-COME, FIRT-SERVE BASIS,
WITH AN INITIAL LEASE FEE OF $15,178.86 OR
SIX PERCENT (0) OF GROSS REVENUE FROM THE
WET SLIP RRNTALS, WHICHEVER IS GREATER; AND
(2) A WAIVER OF DEED RESTRICTION FOR
APPROXIMATELY 134,370.4 SQUARE FEET OF CITY -
OWNED SUBMERGED LANDS TO BE USED FOR PUBLIC
MARINA PURPOSES ON A FIRST-COME, FIRST -SERVE
BASIS, WITH AN INITIAL. FEE OF $19,000, OR SIX
PERCENT (6$) OF GROSS REVENUE FROM THE WET
SLIP RENTALS, WHICHEVER IS GREATER; FURTHER
DIRECTING THE CITY MANAGER TO BRING THE FINAL
NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO THE CITY COMMISSION FOR
ITS FINAL REVIEW AND CONSIDERATION.
WHEREAS, 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; and
WHEREAS, in accordance with the Lease, the City sought a
waiver of deed restrictions for the submerged lands from the
Board of Trustees of the Internal Improvement Trust; and
C11': comma=
XCU04 of
JUL2 0_t=
TEI#
Sep 8:16 Na . 001 P.03
WHEREAS, during this process this process it was discovered
that a ,portion of the, submerged lands are sovereign submerged
lands t and
WHEREAS, for the City to continue with the Lease and
continue
utilization of
these
submerged
lands,
it
is
necessary
for the
City to obtain a
lease
from the
State
for
the
sovereign
submerged lander
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. A negotiated agreement, in a form acceptable
to the City Attorney, -is hereby approved', in principle, with
the State of Florida, Board of Trustees of the Internal
Improvement Trust for (1) a lease of approximately 152,747,8
square feet of sovereign submerged land adjacent to 2640 South
Bayshore Drive, Miami, Florida, to be used for public marina
purposes, on a. first-come, first -serve basis, with An initial
lease fee of $15,178.86 or six percent (6%) of gross revenue from
the wet slip rentals, whichever is greater; and (2)' a waiver of
deed restriction for approximately 134,370.4 square feet of City -
owned submerged lands to be used for public marina purposes on a
v The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
Provisions.
Page 2 of 3
00- 921
7%
SepOu,., 3:16 Ne.001 P,04
first-come, first -serve basis, with an initial fee of $19,000, or
•
sixpercent (616) of gross revenue from the wet slip rentals,
whichever is greater.
Section 3. The City Manager is hereby directedil to
bring the final negotiated agreement, in a form acceptable to the
City Attorney, to the City Commission for its finale review and
consideration.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this 20th day of July , 2000.
JOE CAROLLO, MAYOR
in sow&M with MWN Code Eve. 2-38 *" ft MW dd nd it b gVie i cf
this IspWaoon by signing ft in ft deslgnWd plane ► said legis1af'zn now
becomes effective wkh fife elapse of n (11 0)days f of Co n GOM
n u ft sera, wow the Mayor - -
ATTEST:
WALTER J. F'OEMAN
^-PM%P .,r L "Tr
L Ibid-
v If the Mayor does not sign this Resolution, it shall become effective at
the and of ten calendar days from the date it was .passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immsdiately upon override of the veto by the City Commission.
Page 3 of 3
00- AA
u21