HomeMy WebLinkAboutR-00-0922J-00-806
10/25/00
RESOLUTION NO.
-2 2-
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A TEMPORARY WAIVER OF
RESTRICTIONS AND REVERTER, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI.
(THE "CITY") AND THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND TO ALLOW THE
CITY TO LEASE APPROXIMATELY 134,370.4 SQUARE
FEET OF SUBMERGED LANDS TO GROVE HARBOUR
MARINA AND CARIBBEAN MARKETPLACE, LLC, FOR
THE DEVELOPMENT AND OPERATION OF A PUBLIC
MARINA, CONTINUING IN EFFECT FOR A TERM - OF
TWENTY (20) YEARS, BEGINNING ON
FEBRUARY 1, 2001, OR THE DATE ON WHICH GROVE
HARBOUR MARINA AND . CARIBBEAN
MARKETPLACE, LLC, TAKE POSSESSION OF THE,
PROPERTY, WHICHEVER IS EARLIER, PROVIDING FOR
AN INITIAL FEE OF $19,000 OR SIX PERCENT (60)
OF GROSS REVENUE FROM THE WET. SLIP RENTAL,
WHICHEVER IS GREATER, WITH TERMS AND
CONDITIONS MORE PARTICULARLY SET FORTH IN THE
TEMPORARY WAIVER OF RESTRICTIONS AND
REVERTER.
WHEREAS, the City of Miami (the "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 area known as Dinner Key; and
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;
T T !" ),
C"uiA�A,
CITY Common -
MEETING OF
OCT 2 J 2000
2
c
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 and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized" to execute a
Temporary Waiver of Restrictions and Reverter, in substantially
the attached form, between the City of Miami (the "City"-) and the
Board of Trustees of the Internal Improvement Trust Fund to allow
the City to lease approximately 134,370.4 square feet of
submerged lands to Grove Harbour Marina and Caribbean
Marketplace, LLC, for the development and operation of a public
marina, continuing in effect for a term of twenty (2 0) years,
beginning on February 1, 2001, or the date on which Grove Harbour
Marina and Caribbean Marketplace, LLC, take possession of the
property, whichever is earlier, providing for an initial fee of
$19,000 or six percent (60) of gross revenue from the wet slip
rental, whichever is greater, with terms and conditions more
particularly set forth in the Temporary Waiver of Restrictions
and Reverter.
ii The herein authorization is further subject to, compliance with all
requirements that may be imposed by the City Attirney, including but not
limited to those prescribed by pplicable City Charter and Code
provisions.
Page 2 of 3
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
PASSED AND ADOPTED this 25TH day of October , 2000.
JOE CAROLLO, MAYOR
In accorqance Code S,,c. &Cme', approml. of
';'t$kn by skgmin, g
iS°Mgjpr did not in
ft in flx:.� c,
ecomes elffective w, h N 01,
reqarcfin'g sair6, with pt t'➢e May
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Af .4'
4.R City Clerk
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPR0yPf'A9FTO FORM AND
Z' OORRECTNESS�
H
4698:LB:BSS
2/ 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 3
I io- - 922
67/2.4/2Ee0 la:)t 39 8-77"i
a,
DEF_BPLA
I
BOARD OF TiUSTEEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
TEMPORARY WAIVER OF RESTRICTIONS AND REVERTER
r"r
� JAS
-ed
DEED NO. 19448 t
KNOW ALL MEN BY TRESE PRESENTS. That,
WHEREAS. the BOARD OF* TRUSTEES OF THE INTERNAL 124PROVEMENT
j
TRUST FUND OF THE STATB'PF FLORIDA ("Trustees"), is by Section 233.03, Florida
Statutes, authorized and empowered w waive restrictions and reverters on lands under the terms and
conditions set forth herein; and, .
WHEREAS, the said TmVes conveyed .to the City of Miami ("City"), whose address is 444
S.W. 200 Avenue, Miami, Florida3130, its successors and assigns, those lands which are more
particularly described in Exhibit A* attached hereto (the 'Property") and which = a portion of the
lands described in Deed No. 1944, recorded April 11, 1949, in Deed Book 3130, Page 260, Public
Records of Dade County, Florida; end,
n
WHEREAS, said Deed No 19448 coaWns the following restrictions and reverter ("Original — -
Restrictions and Reverter'):
Provided. however, ythmg, herein to the contrary notwithstanding.
this deed is given at* granted upon the express condition subsequent
that the Grantee heron or its successors and assigns shall never sell or
convey or lease the ibove described land or any part thereof to any
private person, fun pr corporation for any private use or purpose, it
being the intention of this restriction that the said lands shall be used
solely for public par*oses, including municipal purposes and not
otherwise.
Y
Provided, farther, aWtleag herein to the contrary notwithstanding this
deed is given and gr*Acd upon the further express condition subsequent
that the Grantee herein or its successors or assigns shall not give or
grant any license or rermit to any private person. firm or corporation
to construct or make .by
any means, any Islands, fills, embankments,
structures, buildings 'pr other similar things within or upon the above
described lands or arW put thereof for any private use or purpose, as
distinguished from any public or municipal use or purpose.
It is covcnanted and agreed that the above conditions subsequent shall
Pin with the land army violation thercof shall render this deed null
and void and the abode described lands shall, in such event, revert to
the Grantors or their juccessors.
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WHEREAS, the City is desiiyusof leasing the lands described in Deed No. 19448 to Grove
• a
Harbour Marina and Caribbean Marketplace, LLC, for marina purposes, and in order to accomplish
Page 1 of 7
Temporary Waiver of Restrlotlons ar,f Reverter
teed NO. 1w"a
_ 0�
V/24/7-909P4PAM !3eee 10:11 ai A-13 a t>EP"tea
the same, it is necessary that the %inai Restrictions and Reverter on the lands described in Deed
No. 19448 be temporarily waiv ; add
WHEREAS. said Trus di¢ approve this Temporary waiter of Restrictions and Reverter
on the _ day of 2000.
NOW THEREFORE, IT HEREBY COVENANTED AND AGREED:
THAT the Original Restrictions Reverter described in Deed No. 19448 are hereby temporarily
waived by the Tnmees for the so purpose of allowing the City to lease the Property to Grove
Harbour Marina and Caribbean .\ lace, LLC for marina purposes subject to the following
conditions ("Special Conditions")
I., The waiver of
Restrictions and Reverter shall continue in effent for a period
: `
0
of 20 years beginning on the earfl
o
February 1. 2001 or the dw on wbioh Grove Harbour
i 4 .
ct " Marina and Caribbean Afarltetp
.);LC talxs possession of the Property.
_
i ="I .4
2. Beginning on the
Get of Fi�rR�v 1.2001 or the date on which Grove Harbour
Marina and Caribbean Marketp
,114C, tabes possession of the Property, the City shall pay to the
Trustees on an atmval basis the
test of $19,000 (the."minimum annual payment") or six paroent
of the gross revenues as described
9wtion 18-21.01l(IXa)1., Florida Administrative Code. .
� C.;1 ��,
Ott Si:p� �r��a►S
3. Beginning in the
year. the minimum annual payment will be subject to
armnal adjustment for proportion
increases or decreases in the Consumer Price Index ('CPI').
Notwithstanding the foregoing, sat
4justmenr to the minimus( auiaual payment shall not increase
or decrease by more than three pa
> (3 in any one calendar year. The m>aitnnnt annual
payment established by this adjus
will continue in effect as the minimum annual payment until
again adjusted. In no event will
t mpunum annual payment be less than $19,000 as a result of any
adjustment. The annual adjustm
minimum annual payment multil
and the deanminator of which is
the calendar mouth of the rent comi
effect for the second calendar mond
For purposes of this Temporary W,
is February I of each calendar year
Consumer Price for all Urban Cow
Page 2 of 7
Temporary Waiver of Restrictions a
Octad No. 10444
f the minimum annual payment will be the product of the
bX a fraction, the aumcrator of which is the comparison index
surae index. The term 'base index" means the CPI in effect for
saeement date. The term "comparison index" mean the CPI in
fore successive anniversaries of the rent commencement date.
6 o Restrictions and Reverter, the "rent commencement date"
February 1, 2001. The term CPI means the
(CPI -L) for the area encompassing the City of Miami
Rjverter
r� 922
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00—SPLA ti Paad
e7iZs,2ee• te:?i ase- m9 •
metropolitan area published mockiy to the CPI Detailed deport by the Bureau of Labor Statistics of
the U S. Department of Labor.
The City shall be responsible for malting the annual payment by February 1st of each
year beginning on February 1, MO. The City shall pay to the Trustees on February 1st of each year
the greater of (i) the sum of Ninefen Thousand and No! 100 Dollars (519,000.00) ("minimum annual
payment") or (ii) the sum realmedl from the percentage of gross revenues set forth in Special
Condition No. 2 above. The minilamn 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 Aebmary 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 Ma has and Caribbean Marketplace LLC takes possession of ft
Property prior to February 1, 2001.
S. The City shall submit aanuatl financial audit reports to the Trustees which have been
i
completed by an independent certiWaccounting 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 Temperary Waiver of Restrictions and Reverter. The City shall
matte available to the Trustees all inaacial and other records relating to the payments required by
n
this Temporary Waiver of Re"ns and Reverter at any reasonable time and the Trustees shall
have the right to audit these recordi. This right shall be continuous throughout the term of this
Temporary Waiver of Restrictions 4n:d~Reverter. Should the City fail to allow public access to all
documents, papers, letters or other materials made or received in conjunction with payment requited
e
k
by Special Conditions Nos. 2 and %pursuant to the provisions of Chapter 119, Florida Statutes, the
Division of State Lands, Departmelk of Environmental protection ("Division") will provide the City
i
with notice of non-compliance and enforce the provisions of Special Condition No. 7 below.
6. This Temporary Wai"er of Restrictions and Reverter and the Special Conditions
contained herein shall remain in effect until the earlier of January 31, 2021 or 20 years from the date
r.'
on which Grove Harbour Marina aM Caribbean Marketplace, LLC took possession of the Property.
A
Prior to the earlier of February 1. 2A21 or 20 years from the date on which Grove Harbour Marina
t
and Caribbean Marketplace, LLC took possession of the Property, the Trustees and the City agree to
renegotiate thine Special Conditions,'and the renegotiated Special Conditions shall take effect on the
Page 3 of 7 ;l
Tempocery Welver of Restrictions atalf Reverter.
Deed No. i g"a
,a 00-- 922
67,'24. Teed le: 31 Asa- %99 - J171 W-P_EPLA PAGE es
. l
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canter of Februiry 1. 2021 or 2 ears from the date on which Grove Harbour Marina and
Caribbean Marketplace. LLC t ptssession of the Property and this Temporary Waiver of
Restrictions and Reverter shall b xleaded for an additional 20 years and terminate upon the earlier
of January 31. 2041 or 40 years the date on which Grove Harbour Maritza and Caribbean
Marketplace, LLC took
Reverter is extended for an
or its successor and W applicable
,) extension. If 4 p"cs"anba al
?� complianctand-enforce,the provi
7. If the City refuses
Conditions in a timely manner to
def telt or non -comp after Ix
Restrictions sad Reverter shall aui
cease to exist, and to be mill and
in Dad No. -19448 shall be
Original Restrictions and Reverter
8. It is recognized and
to basic notice of default and an
Temporary Waiver of Restrictions
a. The
the Division finds that the City has
manner, the Trustees or Division v
noncompliance issued by the Trust
will provide the City with reasonat,
notification) to cure a default in oa
of the Property. If this Temporary Waiver of Restrictions and
20 years, -it shall comply with the requirements of the Trustees
and administrative rules in effect at the time of the
!Sxovide be, .C* -with -notice
SMia1 Cbaditjorr No.7 below....
olberwise fails to comply with any or all of the special
eat hetion of the Trustees, and the City farts to we any
Wt.�r_ ot:«
g given 1'he oppornmity to do so, this Temporary Waiver of
u�von rect p,- µe (f,p, &/- /o jS
omazlly, andwithout any other notice of any kited, tertninate,
and the Original Restrictions and Reverter contained
on the Property and the City hereby agrees to reinstate the
Rhe Property.
by the City and the Trumes that the City is entitled
to cure the defWt before the Trustees terminate this
Therefore, the following process is esrablishod:
rte that in the event that the Trustees or
kd to comply with all of the Special Conditions in a timely
issue notice w the City of such failure. A notice of
6r Division will state the alleged area of noncompliance and
time (being no Ices than thirty (30) days from receipt of
or other area of noncompliance.
OP
b. The Trustees ee that the Original Restrictions and Reverter set forth in
Deed No. 19448 and referenced in is T Waiver of Restrictions and Reverter shall not be_.--� l
re -imposed until such time as the T sttes Md the City to—be in default of the required payment or in
noncompliance of a Special Conditijt. In the event of such a finding of default or noncompliance,
5
the Trustees may terminate this T4oiRry Waiver of Restrictions and Reverter and the Original
Page 4 of 7
Temporary Welver of Restrictions a liaverter
Dwd No. 1944a 0�
07/74/ 2066 10: 31 99OW-3371 DEP-SPLA PACE e6
Restrictions and Reverter shall burs -Imposed on the Property and the City hereby agrees to reinstate
the Original Restrictions and Reverter on the Property
9. The City shall not /erxtit 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 unlet 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 d# Qty knowingly permit or suffer any nuisances or illegal
A
operations of any kind on the Proprty.
10. Upon the taming" of this Temporary Waiver of Restrictions and Reverts the
y
Original Restricdons and Revermr=atained in Deed No. 19448 shall be reimposed on the Property
and the City hereby agrees to rein ate the Original Restrictions and Reverter on the property.
IN WITNFM VAHEREM the Board of Trustees of the Internal Improvement Trost Find of
the State of Florida has paused doTeopmary Waiver of Restrictions and Reverter to be end
the day and year first above writtei.
Print/Type
witness Name
STATE OF FLORIDA
COUNTY OF LEAN
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA - -
By: (SEAL)
ROBERT J. LOVERN, ASSISTANT
DIRECTOR, DIVISION 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 instrument wits w4wowledged before me this_ day of ,
2000, by Robert J. Lovern, Assistant Director, Division of State Lands, Departrnenr of
Environmental Protection, as agent torn and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the Stale of Florida, who is personally known to nw.
(SEAL)
h Notary Public, State of Florida
a
Print/Type Notary Name
Commission Number:
'.sty Commission Expires:
I
Approved as to Form and Legality
By:
DEP Attorney �!
Pop sot? k
Temporary Waiver of Restr kms a Reverter
Deed No. 19"S
rJ0- 922
City hereby accepts this I*rqomy Waiver Of Restrictions and Reverter and agrees to
comply with the Special Conditicis at forth in this Temporary Waiver of Restrictions and Re%rerter-
CITY OF%,UAMI,- FLORIDA
t
By:
witne" 4
Print(Type Witum Num Print/Type Nam
Witness
Prmt/Type Witness Nam
STATE OF FLORIDA
COUNTY OF
The foregoing IDUMMeM
by
of Commisaianeraoftheckyof
(OFFICIAL SEAL)
acknowledged before me this — day of _, 2000,
on behalf of the Board
d, Florida. He/She is personally known to the at produced
as identification.
Notary Public
Printed/Typed Name of Notary
Commission No.:
Commission Expires:
This Wstrument prepared by and rerAm to:
Gayle H. Bran
Department of Environmental Proteidon
3900 Commonwealth Blvd., M.S. po
Tallahassee. Florida 32399
(850)488-2291
Pape a Of 7
Temporary WeNer of Reatfiedons anp Reverter
Deed No. 19448
922
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h;;I� wM Rm brhp ebo 11w o+riMrwf Ave of bye Oared coned by
iho TAreteAt of kdwvd XvVrevW1ent Tnust fund an 1929 and rwardad ;n
Owd &K* "M at P"v 33J Of Mo Pub* Rroadr of DO& 6lo WtO fTa►idq: MOW vbia a+id mraidr tier North 50� 13 Ew! for ,t r? Asa!
(,421.10 ~) b rb NNrseetlmr rm fhe a � wow Me* of slop as abowrt on Sara k P Nnw l wy t Dkw 5' Fast Aar 304<J
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ft0"kF mee Cwtuw south 4172'18' Eo9 tiv 7Z Z fIW t�.ncs
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e%a# red eeoih MOW 1w m 7dvs'!!ff' Wart Aar 116.46 Art to fte
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,4 $W an of i WC MW o
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members
of the City Commission
FROM
RECOMMENDATION:
CA -18
DATE : OCT 9 2000 FILE :
SUBJECT: Authorizing Execution of Waiver of
Deed Restrictions
REFERENCES:
ENCLOSURES:
The administration recommends that the City Commission adopt the attached resolution authorizing the
City Manager to execute a Temporary Waiver of Restrictions and Reverter, in a form acceptable to the
City Attorney, between the City of Miami and the Board of Trustees of the Internal Improvement Trust
fund, to allow the City to lease approximately 134,370.4 square feet of submerged lands to Grove
Harbour Marina and Caribbean Marketplace, LLC, for the development and operation of a public marina.
The Temporary Waiver of Restrictions and Reverter provides .for an initial annual fee of $19,000 or six
percent of gross revenue from the wet slip rental, whichever is greater and with terms and conditions
more particularly set forth in the Temporary Waiver of Restrictions and Reverter.
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.
The State and the City negotiated an initial annual fee of $19,000 or 6% of gross revenues from the wet
slip rental. The base fee of $19,000 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.
In accordance with the amendment proposed to 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 this waiver during the first 2 years of the Lease. After
that, the City will pay the first $47,200 and Grove Harbour will pay any amounts due in excess of
$47,200.
On July 20, 2000, the City Commission adopted Resolution 00-638 which approved, in principle, the
above referenced lease from the State.
0-- 9e
TEL Sep 01'00 6:15 NO.uu1 u1
J-00-666
7/2./00 00- 63$
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
APPROVING, IN PRINCIPLE, A NEGOTIATED
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE STATE OF FLORIDA, HOARD 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 HE USED FOR PUBLIC MARINA
PURPOSES, ON A FIRST-COME, FIRT-SERVE BASIS,
WITH AN INITIAL LEASE FEE OF $15,178.86 OR
SIX PERCENT (64r) 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 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 Truett and
comma=cm
a Oa
JUL 2 0
0®- 922
TEL' Sep x)1'00 8:16 Nc.001 P.03
WHEREAS, during this process this process it was discovered
that a portion of the submerged lands are sovereign' submerged
lands; 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'soversign
submerged landej
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 not. forth in this
Section.
Section
2. A
negotiated
agreement, in a
form acceptable
to the City
Attorney,
is. hereby
approvedl', 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 Actornoy, including but not
limited to those prescribed by applicable City Qurter and Code
provisions.
Page 2 of 3 Von
7EL: Sep 1'00 8:16 Ne.001 P.04
first-come, first -serve basis, with an initial fee of $19,000, or
six• percent (6%) of groes revenue from the wet slip rentals,
whichever is greater.
Section 3. The City Manager is hereby directedY to
bring the final negotiated agreement, in a form acceptable to the
City Attorney, to the City Commission for its final review and
consideration.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.v
PASSED AND ADOPTED this �adth - day of J!Aly , 2000.
JOE CAROLLO, MAYOR
In a=ahmo with MbM Code Sao. 2-A skft fe-Msyor did W lrrdlceRe qpr+ d d
this WgWadon by signing ft in the des>snWd pk= , saki legislafw r•.am
becanes s(feefiva wkh the elapo J. of (10) days 1 01 00 h &.►Wn
n�+cYnp � w�ut few Mayer
ATTEST: °
Watt Cisrt
WALTM J. FOWW
it Ibid.
6 -
v If the Mayor doe® not Sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the city Coaimisiion.
Page 3 of 3
00 922
87/24/2080 10:31 8 88-3379
[sEP_BPLA PAGE 82
BOARD OF T10US'TEES OF THE ,INTERNAL IMPROVEMENT
TRU FUND OF THE STATE OF FLORIDA
TEMPORARY IVVAIVER OF RESTRICTIONS AND REVERTER
DEED NO. 19448
KNOW ALL MSN BY TRESE PRESENTS: That
WHEREAS, the BOARD;
0F'.TRUSTEES OF THE INTERNAL L\jFROVEMENT
TRUST FUND OF THE STATER FLORIDA ("Trustees"), is by Section 233.03, Florida
Statutes, authorized and empower$d io waive restrictions and reverters on lands under the terms and
conditions set forth herein; and
WHEREAS, the said TruMes• conveyed to the City of Miami ("City"), whose address is 444
S.W. 2od Avenue, Miami, Florida $3130, its successors and assigns, those lands which are more
I%
particularly described in Exhibit "iA" attached hereto (the "Property") and which are a portion of the
�G
lands described in Deed No. 1944$, recorded April 11, 1949, in Deed Book 3130, Page 260, Public
y;
i!:
Records of Dade County, Florida;%md,
i.
WHEREAS, said Deed No.; 19448 contains the following restrictions and reverter ("Original
Restrictions and Reverter"):
Provided, however, juiything, herein to the contrary notwithstanding,
this deed is given arV granted upon the express condition subsequent
that the Grantee hergn or its successors and assigns shall never sell or
convey or lease the ibove described land or any part thereof to any
private person, firm.pr corporation for any private use or purpose, it
being the intention at this restriction that the said lands shall be used
solely for public poor jboses, including municipal purposes and not
otherwise. d
w
Provided, further, at3pyttang herein to the contrary notwithstanding, this
deed is given and gr*&ed upon the further express condition subsequent
that the Grantee her* ar its successors or assigns shall not give or
grant any license or plermit to any private person. firm or corporation
to construct or make.by any means, any islands, fills, enmbaakinents,
structures, buildings mr other similar things within or upon the above
described lands or arW pho thereof for any private use or purpose, as
distinguished from a* public or municipal use or purpose.
rt
It is covenanted and agreed that the above conditions subsequent shall
ran with the land and;,jany violation tbercof shall render this deed null
and void and the abo* described lands shall, in such event, revert to
the Grantors or their j"uccessors.
t
WHEREAS, the City is desii�us. of leasing the lands described in Deed No. 19448 to Grove
Barbour Marina and Caribbean Marltetplace, LLC, for marina purposes, and in order to accomplish
Pape 1 of 7 n,
Temporary Waiver of Restrictions an Reverter
Dead No. 19448
00 922
87/24/2000 10:31 850r*79 DEP_HPLA PAGE 83
l �
the same,' it is necessary that the Trial Restrictions and Reverter on the lands described in Deed
No. 19448 be temporarily waiv ; and
WHEREAS, said Trus do approve this Temporary Waiver of, Restrictions and Reverter
on the ^ day of .2000..
NOW THEREFORE, IT 3EREBY COVENANTED AND AGREED:,
THAT the Original Restrictions d Reverter described In Deed'No. 19448 are hereby temporarily
waived by the Trust=for the so purpose of allowing the City to lease the Property to Grove
Harbour. Marina and Caribbean -l• tplace, LLC for marina purposes subject to the following
conditions ("Special Conditions")
y The waiver of
Restrictions and Reverter shall continue in effect for a period
of 20 years beginning on the earli
of February 1, 2001 or the date on which Grove Harbour
Marina and Caribbean Marketpla
, %LC takes possession of the Property.
2. Beginning on the .
ie(of 1, 2001 or the date on which Grove Harbour
Marina and Caribbean Marketpl
14,C, takes possession of the Property, the City shall pay to the .
Trustees on'an annual basis the gr
tet of $19,000 (the "minimum annual payment")` or six percent ,
of the gross revenues.. as described
Section 18-21.01l(1)(a)l., Florida Administrative Code.
3. Beginning in the: se
ear, the minimum annual payment will be subject to
annual adjustment for proportiona
increases or decreases iia, the Consumer Price Index ("CPI').
Notwithstanding the foregoing, su
adjustment to the minimum annual payment shall not increase
or decrease by more than three per
x (3 9b) in any one' calendar year. The minimum aunnal
payment established by this adjus
r will continue in effect as the minimum annual payment until
again adjusted. In no event will th
m:*iimum annual payment be less than $19,000 as a, result of any
adjustment. The annual adjustme
f the.minimurn annual payment will be the product of the
inhunum annual payment multipli
bq a fraction, the aurncrator of which'is the comparison index
and the denominator of which is th
index. The term "base index" means the CPI in effect for
the calendar month of the rent co
mens date. The term "comparison index" means the CPI in
effect for the second calendar mon
before successive anniversaries"of the rent commencement date.
For purposes of this Temporary W
erof Restrictions and Reverter, the "rent commencement date".
is February 1 of each calendar year
gipnimg February 1,, 2001. The term CPI means the
Consumer Price for all Cuban Cons cgs (CPI -L) for the area encompassing the City of Miami
Page 2 of 7
Temporary Waiver of Restrictions a
Doed No. 18448
*erten
. 99 .
l J
87/24/2080 X0:37 858-3379
DEP_BPL.A PAGE e4
metropolitan area published monkly;in the CPI Detailed Report by the Bureau of Labor Statistics of
the U.S. Department of Labor.
4. The City shall be ttsponsible for making the annual payment by February 1st of each
year beginning on February 1, 21741. The City shall pay to the Trustees on February 1st of each year
the greater of (i) the sura of Nineteen Thousand and No/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 min#tntmt 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 1 ebmary 1. Any payments received after that time sill 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 February 1, 2001.
is
S. The City shall submit annual financial audit reports to the Trustees which have been
h.
completed by an independent certified) accounting firm in accordance with generally accepted
accounting standards and practices; i, Nch certify the accuracy of the payments required by Special
Conditions Nos. 2 and 3 of this Tolbrperary Waiver of Restrictions and Reverter. The City shall
i.
make available to the Trustees all "ciai and other records relating to the payments required by
'Y
this Temporary Waiver of RestrictLbas and Reverter at any reasonable time and the Trustees shall
have the right to audit these recordi. This right shall be continuous throughout the term of this
Temporary Waiver of Restrictions gnd-Reverter. Should the City fail to allow public access to all.
documents, papers, letters or other.itwerials made or received in conjunction with payment required
is
;r.
by Special Conditions Nos. 2 and 3+pursuant to the provisions of Chapter 119, Florida Statutes, the
Division of State Lands, Departme* of l nvirow=tal Protection ("Division") will provide the City
iM
with notice of non-compliance and dnforce the provisions of Special Condition No. 7 below.
6. This Temporary W4er.af Restrictions and Reverter and the Special Conditions
;A
�i.
contamcd herein shall remain in effsctt until the earlier of January 31, 2021 or 20 years from the date
on which Grove Harboui Marina arrA Caribbean Marketplace, LLC took possession of the Property.
F
Prior to the earlier of February 1, 7t2Lor 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
renegotiate these Special Conditions{', the renegotiated Special Conditions shall take effect on the
Page 3 of 7
Temporary Waiver of Restrictions a lwverter
Dead. No. 19"a
rr
0®- 922
07!24;2000 10:32 850-4 379
DEF_EPLA PACS 85
earlier of February 1, 2021 or 2
eon from the date on which Grove Barbour Marina and
Caribbean Marketplace, LLC to
possession of the Property and this Temporary Waiver of
Restrictions and Reverter shall
extiended for an additional 20, years and terminate upon the earlier
of January 31, 2041 or 40' years
the date on which Grove Harbour Marina and Caribbean
Marketplace, LLC took possessi
of the Property. If this Temporary Waiver of Restrictions and
Reverter is extended for an addit'
a120 years, it shall comply with the requirements of the Trustees
or its successor and all applicable taiites and administrative rules in effect at the time of the
extension. If th,.
eNt tlae IS vis v�Jl,pfavide the.City witirnotii"e' of n'ott-
co3oapliaace aaigenf
Co�dijnn 156 -1 -below:. .
7. If the City refuses
otherwise fails to comply with any or all of,the Special
Conditions in a timely manner to
a satisfaction of the o-nd-the City fails to cure any
default or non-compliance after
rtunity to do so this Temporary Waiver of
Restrictions and Reverter shall au mkcally, and withour any other notice of any kind, terminate,
cease to exist, and to be null and id and the Original Restrictions and Reverter contained
in Deed No. 19448 shall be re-' e51 on the Property and the City hereby agrees to reinstate the.
Original Restrictions and Reverter the Property.
8. It is recognized acid by the City and the Trustees that the City is entitled
to basic notice of default and an ty to cure the default before the Trustees terminate This'
Temporary Waiver of Restrictions ;Reverter. Therefore, the following process is established:
a. The Trustees gYlee that in the event that the Trustees or
the Division finds that the City has to comply with all of the Special Conditions in a timely
manner, the Trustees or Division d issue notice to the City of such failure. A notice of
noncompliance issued by the Trio br Division will state the alleged area of noncompliance and
will provide the City with rnab tune (being no less than thirty (30) days from receipt of
notification) to cure, a default in pay or other area of noncompliance.
b. The Trustees ee that the Original Restrictions and Reverter set forth in
Deed No. 19448 and referenced in Tett:aoia y Waiver of Restrictions and Reverter shall-mlte
re-ituposed until such time as lift sties - find the City tote arB5Wt of the required payment erar-
noncompliance of a Special Conditi ..in the event of such a finding of default or noncompliance,
the Trustees may terminate this Te iitry Waiver of Restrictions atld Reverter and the Original
Page 4 of 7
Temporary Waiver of Restrictions a ftverter
Deed No. 19448
Vin-- .::g
07/24/2000 10:31 SSJW-3374 DEP-SPLA
PAGE 06
Restrictions and Reverter shall bete-imposed on the Property and the City hereby agrees to reinstate
the Original Restrictions and Revdirter on the Property.
9. The City shall not Oeratit 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. 1.32846159 unless sltch 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 tl* City knowingly permit or suffer any nuisances or illegal
operations of any kind on the Prop'".
10. Upon the termination of this Temporary Waiver of Restrictions and Reverter the
A
Original Restrictions and
and the City hereby agrees to
IN WITNESS WHEREOF
the State of Florida has caused thi
the day and year first above writte
Print/Type Witness Name
Name
STATE OF FLORIDA
COUNTY OF LEON
in Deed No. 19448 shall be reimposed on the Property
ate the Original Restrictions and Reverter on the Property.
the Board of Trustees of the Internal Improvement Trust Fund of
Temporary Waiver of Restrictions and Reverter to be executed
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By; (SEAL)
ROBERT J. LOVERN, ASSISTANT
DIRECTOR, DIVISION 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 instrument wits acknowledged before we this — day of
2000, by Robert J. Lovern, Assistabt Director, Division of State Lands, Department of
Environmental Protection, as agent<for, and on behalf of the Board of Trustees of the Internal
Improvement Trust Fund of the Stage of Florida, who is personally known to me.
(SEAL)
Notary Public, State of Florida
PrintiType Notary Name
Commission Number:
My Commission Expires:
Approved as to Form and Legality
By:
DEP Attorney
Page 3 of 7 l
Temporary Waiver of RestNttions aOtd Reverter
Deed No. 19448 ''
87/24/2800 10:31 850-4 DEP—SPLA PAGE 8'
• •Ii
City hereby accepts this T"orary Waiver of Restrictions and Reverter ad agrees to
comply with the Special Conditiob set forth in this Temporary Waiver of Restrictions and Reverter.
't
;j CITY OF MIAMI, FLORIDA
i
By:
Witness ;}
PrintfType Witness Name — Print/Type Name
Its:
,a -
Witness g
(OFFICIAL SEAL)
Print/Type Wimess Name a:
3
STATE OF FLORIDA
COUNTY OF
The foregoing instrument 1A%s acknowledged before me this day of , 2000,
by , as , on behalf of the Board
of Commissioners of the City of Nfiami, ,Florida. He/She is personally known to me or produced
y as identification.
Notary Public
Printed/Typed Name of Notary
i Commission No.:
Commission Expires:
This instrument prepared by and regi to:
Gayle H. Brett '
Department of Environmental Proteedon
3900 Commonwealth Blvd., M.S. X30
Tallahassee, Florida 32399
(850)488-2291
Page 5 of•7
Temporary Waiver of Restricdons arnd Reverter
Deed No. 19448
0
s
10/18/2000 16:49 850-488-3379
0
Jeb Bush
Governor
DEP-SPLA
'10
Department of
Environmental Protection
STAVE OF FLORMA
COUNTY OF LEON
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399.3000
CERTIFICATE
PAGE 02
David B. Struhs
Secretary
I, Judy A. Brooks, do hereby certify that the Governor and Cabinet, sitting as the Board of
Trustees of the. Internal improvement Twst pond of the State of Plorida, met on July 25, 2000,
and approved .Item 25 on the agenda for that date, with the following amendments to the
Temporary Waiver of Restrictions and Reverter: 1) the effective date of the waiver be changed
to on the earlier of July 1, 2001, or the date on which Grove Harbor Marina and Caribbean
Marketplace, LLC takes possession of the property; and 2) the City shall submit annual
financial audit reports, completed by an independent certified accounting firm, as provided by
Grove Harbor Marina and Caribbean Marketplace, LLC, to the Board of Trustees.
Substitute Item 25 . City of Miarni/Dinner Key Boatyard LeasefDisclaim.er
R'EOiJES'I': Consideration of an application for (1) after -the -fast authorization. of a 20 -year
extended term lease, with a 20 -year renewal option, containing 152,747.8 square feet, more or
less, for a municipal/commercial marina; (2) a 20 -year waiver of a Board of Trustees' deed
restriction, with a 20 -year renewal option, containing 134,370.4 square feet, more or less, of
deeded submerged lands associated with the marina; (3) a Butler Act disclah4er for a portion
of filled, formerly submerged, sovereignty lands encompassing 66,788 square feet, more or
less; (4) after -the -fact authorization for the severance of 650 cubic yards of sovereign material
and waiver of the severance fee; (5) after -the. -fact authorization -for the construction and
replacement of 1,200 linear feet of bulkhead and for the placement of 160 linear feet of riprap
along the bulkhead; and {6) an affirmative finding that extreme hardship exists and the project
is in the public intenest.
COUNTY: Dade
BOT Application No.: 1.32846159
Permit Nos. 132846159 and 13-0143446-001
APPLICANT: City of Miami (City)
(a/k/a Dinner Key Boatyard)
"More Protection, Less Process"
PMwd on myded p"r.
00- 922
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PALM A-2 (SUMMU aD LAND)
.t partbn o1 fias�lasd Saetkn ?Z row $4 Sarith Awl 41 Ew( UW4-DO* C gffvfx Flom awre pwti�� dsm*od as lfo+loow
Cetralf�fas of lila soutlrnst Donor of tlr. Ivartlfaart of add Sifotkrf ??. SAWN � 104 sotrtlfwr►y ..e.seJar of itis rat das or sold nlarta.ost X �
? of tli. PivWlc R.aa+de of Dada tounUs
. sbuiA Q??4'44` Eat tlar dd�oi0 Nbel io Rs htrrssatlbr with fYfa avaond.► i1f. sAefrrf Na Plat 34 Pb6+ ane Trs�st Fund on 1639 orad wcbrd.d ;n I
tt'flaridol add lire bM1p dao ON nsrthwsei Mitre of tits Pac+Si conwjod by the Tw c@ of itis drmear#*md 1r1tPro+onn
11>trrso aJonlr .dd meander firs North a0�'ltiB' Eas! for 1421.12 IfMt
Dred Ift t 11M at Pap. 3W or th. pub* Ruoo vb of a" laornr#� F a� as shown an add FFIlot' 6 ce, !Norio 1344V' Fast rot 30443
(J -M to defto to rt. aistwod am &a rife wow huh row Rrar* a . 8oj► tarrd � & �x SYarwy of t7ltnnar Key Alan►+o roil
lest to its istersecom waif itis earth Ifrre of a paraaf �ari+d aaT. Pa+a► pl of A[lan+► F7. 61-3"A; �n done nota north
f w an Am. JK 1906, A vaso by �1tn t npiwerb6 L'a+Mmy or fw Or72 � Y
aw Smih YV46456' Eawt fOr 0-44 lbet to as msosef►ed atony as oetsJrl* laic�s o! tl+. enstd sh.et Pdl'�9 under tfie surhtJnp
to Its both We Me /aeon Mgt► water abs of shwY a Bar South 4J'Of O East ' S 96.19 ileal to Its htorsectJor►
ae--w� Mom- car t&Kw dap said north MW South 78'40WO East for 42146 f"j 6+� 72,18iE' East
A for Mei to
wM lir. Prallsod and SuNih.ad lire of 19 0 and ills afeh/af Pant of N6 ruth a of Wd spcmthis S p of Vivwjm Eiwhoarft thence
*in= Samir 137JV4w MW FW 3T2.t10 r"t so :ta mildrsaatbn � tlra aotrttf Nzs of said apeoNlo purPaa surwf►
abnp said Garth Yui. mwm y6'+16W' wmt liar J16.45 list to Pts
1i C" with ow Phthwd awd 6rahmW lira of t0.'im tlieno. 6fan! add Ihr. North 21V".' East for 41804 lint to fhw Point of D#Vkwft
QvdMft 4 AgSww Md or 4d0 Aww
to
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PARR 8 (StMOMP LAND)
f Pam of Ihactlafed SWUM a romtah� 5# Sarthr . 41 EaSt ifl Wl-fJ�odw Coaahc Fes' °o0^a ParOO" l0dr w rlOoo
A fos at the Southwst Darer► of Bis /11arHirast X of said Swilori 2X MOM danp iiia �tborly aviension of
the wet !hs of add AiorthwS( iE
A pWd
Z of the PUNK Rove -do of DOW Ca mtx
, Soatb 02'24'44' East Por 6600 bet to !b kirmoectbn �fi 00 Mew vw � of M1s brtamd A�1powma+'t rrvst Fund a7 IM sand retdnW h
nwl^ sdd Abe bobf aMv Ow no, i*sww sw of No P~ vw wird y as. tNortlr 80'J$'16' Eos! Iter 11?1.1? lee!
Beed Book lt66 at Paps 5. of the An6Atc Records of D �s (c S _w° +0 pft try North 13V4655, East hr 304.43
(y1?t.1a arSd) to its Anlanactfan wdth tlfyr arl�Afol rltph ewO',!" lana br+.atrtc Aurp. sLrwy at Dlvanar K.r wrrirro ,est
Mat too fir Im raeatlon wow ow W* � Epp asap � Order o�AAlaoatlan.ova a ty of albmd F6. 61-320/; thwco aran9 Sold north
rrrisSd on .Jiww " IM P►.pa+d ,
Itre Swft 7V4S'•f!<" Ewt Ibr A54 Net tothr autaldr fiat. of " meld abeSt• pAbg undaw
Mew � rout -lire Un.' a ds
IG, lirirtSrwerliorr with tllrof 81sooido- av-w miscurad eimv
sao-wdt �a ca dbaw dist* "M »o►th are SorrtlF 7Q' SF�aetNt� Etas! for JW 00 �� J7 8" Sbu� '"''04' Met 'r 100 South
1J'/7 N root forr,MOMOD feet to tM POW of BepimhR
:ftm a 7V Sze •at Aw i%m' few • A:� Ti v~, fNt -fw, w'lio'�ft' t(y1 : f
1.2W Aches roan ar hm-:-_:�__:::_,-___:-•__=_s_-,-.__.•--._-_.L _.--_,:,-:-_-__:-- -.-_.-..__._._.-.-----...-=_---- _=___-
.-.... .T .. ._rte _... ..••-.-., .. �:.... -. .. ..-:''-:.' .4'.f'' - -
10/18/2000 16:49
650-488-3379
•
Certificate for Item 25
July 25, 2040 Trustees Agenda
Page Two
DEP-BPLA
PAGE 03
LOCATION: Sections 21-23, 27 and 35, Township 54 South, Range 41 Past, in Biscayne
Bay, Class M Waters, within the local jurisdiction of the city of Miami
Aquatic Preserve: Biscayne Bay, Resource Protection Area 3
Manatee Area'slow speed zone: Yes
Outstanding Florida Waters: No
CONSIDERATION: $34,178.86, representing (1) $15,178.86 as the initial lease fee,
including the annual lease fee for the proposed extended term lease calculated as the annual
lease fee times 1.20, computed at the base rate of $0.1183 per square foot, discounted 30
percent because of the First-come, first-served nature of the facility; and (2) an annual payment
of $19,000 as the negotiated fee for the proposed waiver of deed restriction or six percent of
gross revenues, whichever is greater. The project qualifies for waiver of the severance fee
pursuant to section 18-21.011(3)(e), F.A.C. Sales tax will be assessed pursuant to section
212.021, F.S., if applicable. The fee for the extended term lease and .waiver of deed
restriction areas shall be based on a rate per square foot for the lease area, negotiated fee for
the waiver area or six percent of the gross rental income for both areas, pursuant, to section 18-
21.011(1)(a)1, F.A.C. The fee for the lease area maybe revised upon receipt of an acceptable
survey. A 25 percent surcharge payment pursuant to section 18-21.011(1)(b)3, F.A.C., is not
recommended for this lease, because of the misidentification of the deed boundary and missed
opportunity for the City to have registered this facility under the grandfathered registration
program
STAFF REMARKS: The City is requesting approval of six items relating to. the
reconstruction and development of an existingmarina destroyed by Hurricane Andrew in 1992.
The marina preda� adoption of legislation c eating the Biscayne Bay Aquatic Preserve.
The project with this request,,has been reviewed and approved by the Governor's Financial
Emergency Oversight Board which'is responsible for assisting in the City's financial recovery.
Part of the City's request is for the after -the -fact authorization of a 20 -year extended term
lease, with a 20 -year renewal option, for a 152,747.8 -square -foot parcel of (non -deeded)
sovereignty submerged lands currently used .as a municipally=owned and operated public
marina, known as' the Dinner Key Boatyard Marina. The City is also requesting a 20 -year
waiver, with a 20 -year renewal option, of a restriction contained in Board of Trustees' deed
(Deed No. 19448) that currently prohibits privatization of a 134,370.4 -square -foot parcel'of
previously conveyed sovereignty submerged lands located contiguous to and currently used as
part of the rnarina. . Approval of the City's request, pg1grularl for the lease and waiver.
would allow the City to finalize plans to lease the operation of the entire marina facility and
associated uplands to a private entity as an economic deveLopagnt project that is part of the
City's financial recovery play. Waiver of the deed restriction. would be in the form of a
Release of Restriction and Reverter Agreement to be consistent with other agreements between
the City and the Board of Trustees for other similar. activities in the area.
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Certificate for Item 25
July 25, 2000 Trustees Agenda
Page Three
In conjunction. with this request, the City is seeking approval of a disclaimer for a portion of
filled, formerly submerged, sovereigntylands encompassing 66,788 square feet, more or less
that also is being used as part of the marina complex. Additionally, the City is requestitag
after -the -fact authorization for the severance of 650 :cubic yards of sovereign material
previously removed from the marina basin. The City is requesting a waiver of the severance
fee . for this material. After -the -fact authorization is also sought for the City's prior
construction and replacement of 1,200 linear feet of bulkhead and placement of 160 linear feet
of riprap along the bulkhead within the marina. , The submerged lands currently used for the'
City's marina complex contains S5 'coat slips and apnro ' ately mooring pilings .for
recreational and pleasure watercraft. The slips will continue to berented to the. public on a .
first-come, first-served basis..
On February 24, 1949, the Board of Trustees issued Deed No. 19448 to the City, which
authorized the conveyance of a large parcel of sovereignty_ submerged lands within, Biscayne
Bay. .The portion of this request involving the waiver of deed restriction, which contains
134,370.4. square feet, is located within this deeded area. -The deed contained a restriction
which limited the use of the submerged land to "never` sell or convey or lease the 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." The deed further restricted the City to. "not
give or grant any license or permit to any private person, firm or corporation to construct or
make by any means, any islands, fills, embankments, structures, buildings or other similar
things within or capon the, ...lands for any private use or purpose, as distinguished from any
public or municipal use or purpose."
The City built a marina at'this site in'' 19.49. The City conducted the marina operations, but
leased the adjacent uplands to a , private commercial interest (Merrill -Stevens Boatyard). In'
1989, the City dancelled the. upland lease and has maintained control of the entire facility since
that time. In 1992, Hurricane Andrew. destroyed 'much of the marina. The City, after
obtaining regulatory permits, began reconstruction of the marina with some modifications of
the previous structure configurations. `, Because the deeded 134,370.4 -square -foot parcel lies
waterward of the larger non -deeded 152,747.8 -square -foot parcel, the Department of
Environmental Protection (DEP) staff believed, at the. tune, that all of the marina structures
were located within the boundaries of the deeded area; therefore, staff did not require'the City
to obtain any proprietary authorization for the use of the submerged lands, It was later
determined that the deed did not encompass the entire marina facility. The Board of Trustees'
deed was bounded on the West by the US Harbor line, which is a line historically established
by the War Department (now the..U.S: Army Corps of Engineers) on November 24, 1939.
This line was to establish the maximum allowable waterward extent of bulkheads and seawalls
to avoid impacting navigation._ The 152,747.8 -square -foot (non -deeded) portion of the marina
is located between the seawall and the „US Harbor Line and is the subject of this lease request.'
The 134,3.70.4 -square -foot portion of the mar!='. which is .waterward of the 'US Harbor Line;
is the subject of the waiver of deed restriction.
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Certificate for Item 25
July 25, 2000 Trustees Agenda
Mage Four
DEP-SPLA
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PAGE 05
During discussions, between the City and DFP staff, to resolve pending issues at this site, the
City indicated its plans for a private company, Grove Harbor Marina and Caribbean
Marketplace, L.L.C. (Grove Harbor), to lease and develop a parcel of adjacent upland
property and to operate the marina. A lease between the City and Grove Harbor has been
executed for the upland property and marina, but assurn.ing operation of the marina by Grove
Harbor is pending Board of Trustees' approval of this -request. The lease the City has with
Grove Harbor specifies lease fees based on a minimum annual fee or a percentage of the gross
revenue of various aspects of the proposed development. The fees change, based on the year
during the term, to allow the lessee to build an income base. For example, in Lease ,year 4,
the City will receive 12 percent of the gross revenue from the marina, 5 percent from the
marine fueling facility and 10 percent of the gross revenue from the boatyard, activities located
predominately on the upland property. In year 10, these percentages change to 15, 5, and 10
percent respectively.
Reconstruction of the western portion of the marina facility has been completed under
regulatory permit (Permit No. 132846159). The remainder of the facility within the deeded
area has been permitted but not constructed. The City has agreed to pay the negotiated fee, of
an annual. payment of $19,000'or six percent of gross revenues whichever is greater on the
deeded portion of the marina and to pay lease fees on the non -deeded portion of the marina,
based on the provisions of sectio18-2X.011(1), F.A.C., which requires assessment of a per
square foot rate and the fees based on the gross rental income value, This measure is
consistent with other similar waivers the Board of Trustees granted to the City. (Coral Reef
Yacht Club, No. 19448-F and Bay Shore Properties, Srie., No. 19448-D). The majority of the
docking structures located within the deeded area are not built as yet.
At one point, the City had conducted dredging activity at this marina facility without a required
regulatory permit. This violation of the regulatory rules has been corrected and addressed by a
Consent Order (OGC FILE No. 00-0026). The dredging activity was handled as a regulatory
violation, and was not considered a proprietary violation, because it was believed that the
activity was located within the deeded area at the time. The requirements for the Consent
Order have been mumally agreed upon and the Consent Order was approved by the City
Cotntnission on June 8, 2000 and is now under, review by the Oversight Board established by
the Governor's Office and then will be pending the signature process. A March 29, 2000 site
inspection confirmed that the reconstructed portion of the facility is consistent with the permit
conditions and., subject to the execution of the Consent Order, the City should be in compliance
with the regulatory requirements of its permits.
The City is requesting a 20 -year extended term lease and a 20 -year waiver of deed restriction,
both with a 20 -year renewal option, to coincide with the City's proposed 40 -year lease with
Grove Harbor, To qualify for an extended term lease, an applicant must be in compliance
with the requirements of section I8-21,008(2), F.A.C. The requested 20 -year renewal options
for both the lease area and waiver of deed restriction area are expected to be crucial to the
financing plans of Grove Harbor, because the renewal options would provide consistency with
the 40 -year lease term between the City and Grove Harbor. Such requests are urtcarnmon,
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Certificate for Item 25
J* 25, 2000 Trustees Agenda
Page'FSive „
because`sectios 18-21.008, F.A.C., provides for extended .term leases, as well as, lease
renewals subject to the lessee's compliance with the. lease term and the statutes and rules of the
Board of Trustees in effect at the time of lease renewal. Since the rales already provides for.
renewals, subject to compliance, staff does not object to the renewal options. . Language in
both the lease ,and the Release of Restriction and Reverter agreement will track the existing
requirements regarding compliance and also condition the renewal in both the deeded and non -
deeded. areas to any and all , future rules ' or requirements of 'the . Board of Trustees or its
successor. Therefore, staff would recommend approval of the requested 20 -year extended term
Iease and 20 -year waiver of 'deed restriction. .
The City is also seeking a disclaimer pursu2iint to the Butler Act (Chapter 8537, Acts of 1921) '
and section 253.129, 1~ . S., for an .approximate 66,788 -square -foot parcel of formerly
submerged, sovereignty land that was filled in the 1930s. An approximate 15,180 -square -foot
portioia of this filled area was dredged or dug some years later to create a boat basin that now
is -par. of the marina basin. A U.S. Coast and Geodetic Survey Topographic Mag dated 1935
and aerial photographs dated 1948 are supporting evidence that this area was filled prior to the
repeal of the Butler Act in Dade County, which was June 11, 1957.
The City is also. requesting the Board 'of Trustees' after -the -fact authorization. for (1) the
severance of 650. cubic yards of . sovereign material that was dredged from the northwestern
portion of the lease area; (2) the reconstruction. and placement of 1,200 linear. feet of bulkkhead
along the western ' face of the marina basin; and (3) the placement of 160 linear feet of riprap
Along the bulkhead. These activities were permitted without any proprietary authorization
during the period that it was believed that the activity was located within the deeded area.
The City has also requested a waiver of the seveiance fee for the 650 cubic yards of sovereign
material located in the noiffiwesterni ' portion of the lease area. Pursuant to , section 18-
21.011(3)(c), P.A.C., a waiver of the severance fee may be granted if the materials Are. placed
on public property and .used for public purposes, or if the dredged material has no, economic
value. The material that was dredged . was determined by Metro -Dade Department of
Environmental Resources Management to contain toxic materials, and' -the City was required, to
pay a fee for disposal. of the material. The material is. considered to have no economic value;
and staff recommends that the dredge fees, be waived.
The existing and proposed marina structures' are located in the Biscayne Bay Aquatic Preserve,
and "would normally be subject to being in the public interest and subject to an, extreme
hardship test, pursuant to sections' 258:397, F.S , and18-18.006, F.A.C. It is the City's
position that, since this project is largely an after -the -fact reconstruction of a marina that would
have qualified as a grandfathered facility under the state's grandfathered registration programs
of 1983 and 1990, that a demonstration of public interest and extreme hardship should not be
required. Nevertheless such a findinghas been made.
Staff did a public interest analysis and finds that the project is in the public interest because the
marina will (1) provide continued, and improved public access to Biscayne Bay; (2) provide
00
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e50-488-3379
Certifieate. for Item 25
July 25, 2000 Trustees Agenda
Page Six
DEP_BPLA
•
PAGE 07
continued marine waterfront recreational and visitations opportunities for the general public;
(3) revitalization of the upland property and facilities will have a positive impact or: the city;
(4) the Mara development su�norts the restoration of two historic structures luded in the
National Re igister of Historic Places; and fn development of additional recreational and marine
related business. opportunities and tax bases, beyond what could be accomplished by municipal
efforts, through cooperative efforts with local business entities. Additional measures
associated with public interest and tnitigatiora consideration for the regulatory permits include
(I) restoration and enhancement of previously altered habitat by removal of exotic vegetation;
(2) eked shoreline habitat from a previously altered area by utilization of riprap; and (3)
required provision for sewage pumpout facilities for marine vessels.
Further, egarding the extreme hardship requirement, staff is also of the opinion that the
projecf qualifies because without approval of the request, a significant contractual and fmancial
burden will impact the City as a result of the misidentification of the deed lane. If. the error
bad not occurred and it was known by the parties involved of the correct location of the deed
boundary, then the City could have registered the portion of the facility over soyereigW
submer eQ d lands as a grandfathered facility. As such, an extreme hardship. demonstration
would not have been required. In fact, after H, u�jj„cane Andrew, the City received and
exp zxded funds from the federal E erguz Management Agency (FEMA) to reconstruct the
acili, within both the ease a deeded areas 5h uld is request be unsuccessful, the City
would have to absorb the fixlancial burdens both removing the structures and repgyipg
the restoration of two structures listed in the National Register of Historic Places and,the
creation of a„2ublic market place pg a bust ess incubator. The CM advises without the marina
develgptnerst as a --project component the upland portion is
infeasible and The enti e prosect
would likelv be cancelled,
The original regulatory permit authorizing the construction of the marina. was granted in
October 1996. It was subsequently mollified in October 1998 to increase the scope of dredging
and relocation of riprap. The modified AEP environmental resource permit also authorized
fueling facilities and prohibited liveaboards.. The regulatory permit review included the review
of a variety of environmental issues, including the potential impact of the endangered manatee
and storm water specifically as it pertains to increased loading of contaminants into Biscayne
Bay Aquatic Preserve. Permit conditions were included to address these concerns including
the submission of a Water Quality Net Improvement Plan to reduce the adverse effects of
copper and cadmium and to increase circulation at the proposed project site. The plan also
addressed additional pleasure to reduce the overall impacts to water quality. The Florida Fish
and Wildlife Conservation Commission, Office of Environmental Services, regarding
protection of manatees, stated that this site is identified as a recommended site for manna
development and exPansiou, with no vessel restrictions.. This is consistent with the Dade
County Manatee Protection Plan, adopted by the bade County Board of County
Commissioners and approved by DEP. The previously issued regulatory permit is consistent
ay
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10/18/2000 16:49 850-488-3379, DEP_BPLA PAGE 08
Cerd icate'for Items 25 .
July 25, 2000 Trustees Agenda
Page Seven
with the proprietary authorization of the current request, The proprietary project was noticed
pursuant to section 253.115, P.S. The, comment period closed on March 31, 2000, and no
objections were received.
A consideration of the status of the local government comprehensive plan was not made for
this item: The DRP has determined that the, proposed action, is not subject to the local
government planning process.
RECOMMEND APPROVAL' OF THE 20 -YEAR EXTENDED TERM LEASE,
WITH A 20 YEAR RENEWAL 0"I()N, SI}MCT TO THE
SPECIAL. APPROVAL_ CONDITIONS, THE SPECIAL LEASE
CONDITIONS AND PAYn�N�*. OF $15,178.86, L2) THE 20 -YEAR
WAIVER OF DIEEI) RESTRICTIONt WITH A 20 -YEAR
RENEWAL OPTION SL.TBJECT TQ = SPECIAL APPROVAL
CCDNDITION, THE WAF''irER ' OF DEED RESTRICTION
CONDITIONIS, A.ND AN A q -UAL PA'YIVME OF $12,000 OR SFX
PERCENT OF GROSS REVENM, WFUCHEVER IS GREATER;.
(3) THE DISCLAMER OF FILLED, F'QBMRLY SUBMERGED.
SOVF.REdGN'TY L,t�NDSL„� AFTER THE -FACT AL_QRIZATION
FOR 'PILE 9MRANCE OF 650 CUBIC YARDS OF MATERIAL..
CON
S—TRUCTIN O THE MKHEAp AND PLACEIJIENT OF
RFpRAI!z 0 A WAVER OP' JHE SEI RENCE FEE: AND (6) AN
AFFIRMATIVE FINDING THAT EXTREME flAM5UIP -EXIST
AND TBE I'ROJEC]IS IN THE PUBLIC INTEREST
IN WITNESS WHEREOF, I have hereunto set, my hand and affixed the Seal of the Board
of Trustees of the Internal Improvement Trust Fund on this 25th day of July'A.D., 2000.
A.
J y A. IDrooks
•. „ y fi Cabinet Affairs .Director
�..
00922
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10/16/2000 16:49 850-488-3379 DEP-BPLA PAGE 09
Florida Department of
1Vleworanldu n,& nmenta. Protection
NOTTQ OF BOARD ACTION
T0: Office of the Secretary
Office of Beaches and Coastal Systerrs
Office of Coastal and Aquatic Managed Areas
Office of General Counsel
Office of Greenways and Trails
District Office - SE District
Division of Recreation and Parks
Division of Water Resource Management
Division of State hands
FROM: Judy A. Brooks, Director
Office of Cabinet Affairs
ITEM /t .25
TITLE: City of M;gm;minner Key Boatyard Lease/Disclaimer
CABINET MEETING DATE: July 25, 2000
ACTION: Approved with the following amendments to the TenapQa�ry Waiver of Restrictions & Reverter Xl
the efective date of the waiver be changed to on a earlier ofluly 1 2001 or the date on which G Ove Harbor
Marina and Caribbean Marketplace LLC takes possession of the prone=. and 21 the City shall submit, annual
financial audit reports completed hyan independent certified aceounft firm as nrervided by Grove Harbor
Marina and Canbbean Marketplace LLC, to the Board of Trustees. .
hfEMBERS:
Present Absent
WVERNOR
x
SECRETARY OF STATE
x
ATTORNEY GENERAL
X
COMPTROLLUR
x
COMMISSIONER OF EDUCATION
x
COMMISSIONER OF AGRICULTURE
x
The above action was taken on subject division agenda item at today's meeting. Will you please see that the
infomiation is provided to appropriate staff for further processingThandfing of the matter and that the forma'
action as noted is made a part of the division's master file.
Please contact me immediately if you have any questions relating to the item's action as noted (922-3766).
Thank you for your cooperation.
JB/et