HomeMy WebLinkAboutR-98-0024J-97-923
1/6/98
RESOLUTION NO. 9 8 - 24
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, SUBJECT TO LEGAL REVIEW AND IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN
THE CITY OF MIAMI AND THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR A
MINIMUM TERM OF FIVE YEARS, FOR SUBMERGED
LANDS ADJACENT TO CITY UPLAND LOCATED AT 250
NW N. RIVER DRIVE, FORMERLY THE PIONEER CLUB
SITE AND 176 NW N. RIVER DRIVE, MIAMI,
FLORIDA, AT NO CHARGE TO THE CITY.
WHEREAS, the City of Miami owns certain real estate along
the Miami River, one parcel formerly occupied by the Pioneer
Club, located at 250 NW N. River Drive, and the adjacent parcel,
located at 176 NW N. River Drive, Miami Florida; and
WHEREAS, under the City's lease agreement with the Pioneer
Club, Inc., the lessee was to utilize the upland property for
water related and marina uses subject to approval of regulatory
agencies including the State of Florida, Department of
Environmental Protection; and
WHEREAS, the agreement between the City of Miami and the
Pioneer Club Inc., was terminated in 1995; and
WHEREAS, the State of Florida, Environmental Protection now
requests that the City, as the upland owner, enter into a lease
ATTACHMENT (5)I
CONTAINED
CITY C immalu IO
MEETING OF
JAN 13 1998
Re.obs*w 11m
9Q- 24
agreement for the submerged river bottom in order to keep
the grandfather status of the previous use; and
WHEREAS, the Department of Development has prepared a
redevelopment plan for areas adjacent to downtown and the Miami
River known as the "Riverside District" which includes continued
and expanded use of the upland and submerged lands; and
WHEREAS, the attached agreement provides the terms and
conditions of the submerged lands lease; and
WHEREAS, administrative lease fees will be waived until
development has been completed and use of upland becomes a
revenue generating (commercial) operation;
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 incorporated herein as if fully
set forth in this Section.
Section 2. The City Manager is hereby authorized' to
execute a lease agreement, subject to Legal review and in a form
acceptable to the City Attorney, between the City of Miami and
the State of Florida, Department of Environmental Protection, for
a minimum term of five years, for submerged lands adjacent to
City upland located at 250 NW N. River Drive, formerly the
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.
2 98- 24
Pioneer Club site and 176 NW N. River Drive, Miami, Florida, at
no charge to the City.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 13th day of January , 1998.
ATTEST:
WALTER FOEMAN, CITY CLERK
PREPARED AND APPROVED BY:
JULI BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
A ,Q NN J NES, III
CITY'ATT EY
W2131:CSK:JOB
XAV ER L. S AREZ, MAYOR
3 98- 24
This Instrument Prepared By:
Cher King
Submerged Lands Section
Bureau of Land Management Services
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. 130023806
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Taut Fund of the State of
Florida, hereinafter referred to as the Lessor.
WP1 NESSETH: That for and m. consideration of the faithful and timely performance of and compliance with all
terms and conditions stated herein, the Lessor does hereby lease to City of Miami, a municipal corporation hereinafter
referred to as the Lessee, the sovereign lands described as follows:
A parcel of sovereign submerged land in Section 37•
Township 54 Range 441 in Mtami River.
Dade County, omM fining 39.000 square feet, more or less, as is more particularly described
and shown on Attachment A, dated November 20. 1997.
TO HAVE THE USE OF the humnabove described premises for a period of 5 years from November 20, 1997, the
effective date of this lease. The teams and conditions on and for which this lease is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate exclusively an existing public docking facility
used in conjunction with an upland city park without fueling facilities, with a sewage pumpout facility if it meets the
regulatory requirements of the Department of Environmental Protection or local authority, whichever entity applies the more
stringent criteria, and without liveaboards, as shown and conditioned in Attachment A
2. AGREEMENT TO EXTENT OF USE: This lease is given to the lessee to use or occupy the leased premises
only for those purposes specified herein. The lessee shall not alter the approved use of the sovereignty lands or the type of
use of the riparian uplands (e.g., commercial to multi -family residential) without first obtaining the Lessor's written
authorization in the form of a modified lease and the payment of additional fees, if applicable, and the removal of that portion
of the original structures which are no longer authorized under the modified lease.
3. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described
by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
4. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the lessee shall maintain a
leasehold or fee simple title interest in the riparian upland property and if such interest is terminated, the lease may be
tem»rtated at the option of the Lessor. Prior to sale and/or termination of the lessee's 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 tams 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
[021
9R- 24
5. 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. A W assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
6. INDEMNIFICATIONMMSTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts
or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity
or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended
from time to time, or any other law providing limitations on claims.
7. 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.
8. NOTICES/COMPLIANCEl1 ERIv@iATION: 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 lease or applicable law or administrative rules shall
be sufficient if sent by U.S. Mail to the following address:
City of Miami
Office of the City Manager
444 Sou diwest 2nd 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
9. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease.
10. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part
thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and
occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer
any nuisances or illegal operations of any kind on the leased premises.
11. MAD 13NANCE OF FACILiTYIRIGHT TO INSPECT: The Lessee shall maintain the leased premises in
good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public
health, safety and welfare. The leased premises shall be subject to inspection by the lessor or its designated agent at any
reasonable time.
12. NON-DISCPJMINA71ON: 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.
Page 2 of 14 Pages
Sovereignty Submerged Lands Lease No. 130023806
9 Q 24
13. ENFORCEMENT OF PROVISIONS: No failure, or successive faihurs, 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 of in the event of
subsequent breach or breaches.
14. PFRErQSSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder
shall cease and terminate.
15. RENEWAL PROVISIONS: Renewal of this lease shall beat the sole option of the Lessor. Such renewal shall
be subject to the terms, conditions and provisions of management standards and applicable laws, Hiles 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
fora renewal. A lease renewal shall not be unreasonably withheld by the Lessor. 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.
16. REMOVAL OF STRUCTURES/ADbMSTRATNT 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, Bach remedy shall be in
addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to
compel removal of all structures and the right to impose administrative fines.
17. REMOVAL COSTSJLIEN 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 alien upon the interest of the Lessee in its riparian upland property enforceable in
summary proceedings as provided by Law.
18. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of the county within which the lease site is located within fourteen (14) days after receipt, and
shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which
contains the O.R. Book and pages at which the lease is recorded.
19. RIPARIAN RIGHTSMINAL ADJUDICATION: In the event that any part of any structure authorized
hereunder is determined by a final adjudication issued by a court of went 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.
20. AMENDNEN'TS/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 Hiles 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 inCre = the mooring capacity of the facility.
Page 3 of 14 Pages
Sovereignty Submerged Lands Lease No. 130023806
�R- 24
21. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTMTIMADDITIONAL
ACTIVrrfflSftvE NOR STRUCTURAL REPAIRS: No permanent or temporary sigms directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased area. No restaurant or f ning activities
are to occur within the leased area. The Lessee shall ensure that no permanent, temporary or floating structures, fences,
docks, pilings or any structures whose use is not water -dependent 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/realiguntent 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 str ictuves shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and
shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not
apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of
public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this
agreement
22. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Carps of Engineers (COE) permit if it is required by the COE. Any modifications to the
construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior
written approval of the lessor prior to the commencement of construction and/or any activities on sovereign, submerged
lands.
23. SPECIAL LEASE CONDITION: Should a field survey acceptable to Isssor be required or obtained after the
effective date of this lease, the annual lease fees due hereunder shall be adjusted to reflect the increase or decrease in the total
preempted area shown by the survey. Any such adjustment shall be effective from the date of the acceptable survey and shall
be prospective only. No reimburvement or credit shall be given to Lessee by Lessor for overages, and no charge shall be
imposed by Lessor for shortages -less the error resulted from inaccurate information supplied by the Lessee.
Page 4 of 14 Pages
Sovereignty Submerged Lands Lease No. 130023806
[to]
98- 24
W]TNESSES:
BOARD OF TRUSTEES OF THE WERNAL
RAPROVEbU NT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature
(SEAL)
TypedAllinted Name of Witness
BY
Pam Gerard, Planning Manager,
Bmean of Land Management Services, Division of State
Original Signature
Lands, Agent for the Board of Trustees of the Internal
Improvement Trust Fund
TypedAhloted Name of Witten
"LESSOR"
STATE OF FLOWDA
COUNTY OF LEON
The foregoing instrument
was acknowledged befm me this day of . 19
by Pam Gerard, Planning Manageer.
who is persooslty !mown to me.
APPROVED AS TO FORM AND
LEGALITY:
Notary Public, State ofFlorida
DEP Attorney
Printed. Typed or Stamped Name
My Commission Expires:
Original Sigoatme
Typed/Printed Name of Witness
Original Signature
Oomrmaom/Sedal No.
BY
Original Sign atoe of Bonding Authority
- Jose Garcia —Pedrosa
TypedMrimed Name of F.m mating Authority
�itv Manager
Title of Mucuting Authority
7ypem Irmled Name of Witness %ESSBE"
APPROVED TO FORM AND CORRECTNESS:
STATE OF
COUNTY OF A. Quinn Jones, III
City Attorney
The foregoing instrument was admowWpd belitre me this day of 19
by Xavier L. Suarez as Mauer, for and on behalf of the City of Miami. a mlm.. cormoradon. He is personally known to
me or who has produced as idendficx ion.
My Commission Expires:
Notary Public, Stale of
Commission/Serial No.
Page S of 14 Pagers
Sovereignty Submerged Land Lease No. 130023306
Printed, Typed or Stamped Name
98- 24 11
W ai o
bM l
e..en
r 3 ! x
3 LUMMUS PARz f a K
eavi.
W.W. WORTII RIVER I)RIYE yy
1
Grass Upland i Grass Upland •:
()11Wi• Deteriorated Seawall
A pprox. 39000 ;q-
it. Existing
Existing Seawall Willi Cone. Slab Lease Area (River Iioltotu) and Eroded Shoreline
Existing Mooring Piles - —y—
Channel Line
. 1
MIAM1 RIVER
10)
LEASE AREA WITH
EXISTING CONDITIONS SITE PLAN i
SCALE: 1" - 60\
011WL: 6rdinary high water line
Proposed Lease Area - Linear Footage - 717 I-f.
r
N
•r
LEASE AREA DESCRIPTION
A parcel of submerged land located in Section 27. Township 54 South Range 41 EasL
Dade County, Mir containing 39.000 square feet, as described on the attached sketch
labeled as Exhibit A and dated November 20. 1997, located immediately waterward of that
upland property with the following legal description:
Also Beginning at a point on the Northerly side of the Miami River where the center line
of Ninth street produced Southwesterly intersects the low water line of the River, thence
Southeasterly meandering the low water line of the River to a point where the Northerly
line of Lot Thirteen (13) of Block Ninety there (93) North produced Southwesterly
intersects said low water line, thence Northeasterly to the Southwesterly line of North
River street, thence Northeasterly to the Southwesterly line of North River street to a
point directly Northeast of the place of beginning and thence Southwesterly to place of
beginning, also the submerged land lying between the land last described and the channel
of the Miami River, also as per above mentioned recorded plat.
Also beginning at the intersection of the Northerly line of I& Street, preduced with the
Westerly line of North River Street; thence Northerly along said Westerly line to the
intersection of the Northerly line of Lot Thirteen (13) of Block Ninety Three (93) North,
produced West with said Westerly line; thence Westerly along said Northerly line
produced to the low water line of Miami River, thence Southerly along said low water
line to the intersection of the Northerly line of 10i6 Street produced writli the low water
line of Miami River. thence Easterly along said Northerly line produced to the point of
besinain¢. Together with the submerged land lying between this tract and the channel of
the Miami River. also as per above mentioned recorded plat.
That portion of a strip of land lying between Northwest North River Drive in the City of
Miami and the Miami River, which would be bounded upon the Northwest by the
Southwesterly extension of the North boundary line of Northwest 2id Street, (formerly
know as tenth street) and on the Southeast, by the Southeasterly extension of the
Southeasterly line of Lot 14, Block 109N of "City of Miami Plat" according to the plat
thereof as recorded in plat book B. at Page 41, of the public records of Dade Count%,
Florida.
3
Attachmen'f "A
Page 7 of 14 Pages
SSLL No. 130023806
91 13
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A N Z O �.�
NW 78 ST It; NORTH BAY
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NW 62 ST I 1
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NW 36 STCAUSE WATT
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SW 16 ST ` 0 w
a A N A �, LUMMUS PARK`•
CORAL WAY,,
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BIRD AVE.-
GRAND AVE ' � � VIRGINIA KE`
POINCIANA AVE d DINNER KEY o 0 0 °
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MARDE£ AVE i� hG a n A
0 1/2 1 1A Mlles
Graphic Scale
,IICINITY MAP
;
Attachment A
Page 8 of 14 Pages
SSLL No. 130023806
14 ��_ 24
Noudnr of Iked C.d.6..X9rVl A-
lZW9 I i baiturc, made thL ttrenty eighth. day of. April.... in the year
A. 1►. ninetreu hrtadrar) and nine--lwtweett the MODEL LAND COMPANY, a corporation
dmlY e,tabdi.hed and existing under the laws of the Slate of Florida, party of the first part, and .............
lhg Cig of Miara municipal corporation organized.. and. _exiating...
un er s awe o 'te
of the Comity of .. ar.4 stale of Florida . ....... party:..of the second part,
Witltcilsob. that the %aid party of the fiat part, for and in consideration of the sum of
: ................ .:.Seven..%hoasand live hundred :. .Dollars.
to it in hand paid by the said part y . of the second part, at and before the sealing and delirery of these
presents, the receipt whereof is hereby acknowledged, bath granted, bargained. sold, released, conveyed
and confirmed, and by theme presents loth grant, bargain, stall, release, convey and confirm unto the said
part$ ---- of the %ecotul part.. its._anoeet 110Za_-.: .": z.................... :°---._:_::_...... :......
'•_-•--
and assigae, A1.1. those .. tract .a, lot.■., or parcel. & of land, situate, lying and being in the County, of
lei? e.. _ - .: .. . . - ...—and State of Florida, known and described as follows:..- .......:.:.......,
All of Blook Rinety four (941 North and Lots One to Twelve (1 to 12)
inclusive and Lots Fifteen and Sixteen (is & ii) of Block Ninety
three (93) North, in the Citv of Miami socordi* to the plat of "aid
City made by A.L.=nowlton, C.B., and filsh in the 'office of the Clerk
of the Circuit Court in and for Dade County.----___.____ — 1�
Also beginning at a point on the Northerly side of the Miami River 1
where the center line of Ninth street producad•Southwesterly inter-
sects thn low water line of the River, thenoe Southeasterly meander-
ing the low water line of -the River to a point where the Northerly
line of Lot i'hirteen.(13):df Block Ninety three �3 North produced
Southwesterly intersects itaid low water line, thence Northeasterly
to the Southwesterly line -of North River street. thence Northwesterly
' jlong the Southwesterly Ilue of North River street to 4L point directly
• ortheast of the place oZ beginning and thane Southwesterly to place
of beginning. also the submerged land lying between the land last
described and the channel of the Miami River, also as per above
mentioned reoorded plat.
Together with all and singular, the rights, members, hereditaments and appurtenances to the said
premises belonging, or in anywise appertaining.
to bare sub to both all and singular the premises and apparteuances, and every part thereof,
unto the said party .... of the second part..lta._anOOeeaArs.--z-- .—...,,..'...and assigns, forever.
And the said party of the first part, and its successors. the said premises and every part thereof,
unto the said party .... of the second part...Atea..RUCCABACSs. .— ---- .....-.and assigns,
against it, the said party of the first part, aid its successors, and s11 and every other person or persons,
clain_ung under or through it, will warrant and forever defend all these presents.'
In WitnCes 'a>ClbCreof, the said party of the first part bas caused these presents
to be sealed with its corporate seal slut signed by its President and attested
by its Secretary as the act and deed of the corporation, the day and year first
abort written.
Attachment B
Page 9 of 14 Pages
SSLL No. 130023806
MODEL LAND COMPANY,
ArrrcT:
. . .............. ......
President.
�r arr.
It
9$- 24
15
a
9
1 ' 'WARRAIfTr oMo. war Firma �. se. romed a t�i win.s°i'earee.a.
Zbts 'Indenture, '`rd- --Aam of ----
.i. D. 190-R BBSWBZN --- 4t•.--X.--Ttt11-4►
of the County..--
Mrt ie8t—of the hM per, and '.bet _City •ef f1� s�� --1htT►1C_ iL1--+.-°"rP°! O�
orgg���ised and o
exisirnp wader the low of the State M _�'3.os1.d1._._.__'-. ila�►l. W - Ph-1
bueinem in the eounly of a)M An dpeb of Florida —
Party of the "a and part. , that, the said part._1A1of the pleat part, for and in Sow.
dderntinm of the awn sf Twenty -tire hundred $21600.001
r soo--..._ :n hand'paid the >ipt,sehereof .it hsrsby
and b-ansferrod, and by them W-suts do.. bvain, MU Mi aranifer Sato• the Said party
of the sr,,.d part and its aneeeseore and aadjmw fm-w, all that wrtain pareel of land lyin¢
and being in the -may ay of �_ _and $tat of. TlOrlda .
a *ourtee n 1If 14 )
more partieala+•ly aeaertbsa'r>etiiw:__Loir.��.11..-�-.�.- ---� .,,. �„
or Alourt. Ntnety three (99) North. �Ti"thA"N1tY e* v+aa1,�B
;o_Lhl► A3a o!- I--k T. xen•iten_ C. a. and filed
in -the -office of the Clark_o�the-Cis
t_in_and--Tor- Jlade
Also t�eginning at the i4tersection of the NorthArli, line of 10wi.
st,r-pro�Als teZ1Y-] 1n�oL 1�lLtlLAiel�r!+e t • . aheno_e_
Northerly along f Ldt Thir1easaiinia of the
Ninety threction e�(95)
-4 hQt T em 6
North. produced West witnau d 1/esterly age weavarlY
to the low water lied of lliatsi River;
�I thence SauthGrly along maid low water line — amm.m +..- ---- -
f the err the rly..__lin!+.._of lOAh._titroat produced with the low water line
1 ever: thence gLgrly on�_ T.d'�WCT IiFi!ly ,• „' pronuced
Together• with the- nub-"rpd land ng be � al d
t21ss._ChlallnslL9S_the )"lid River, also as pnr above Mentioned -
recarCnA niat.
U09ake widh all the tenenwak hmditaments and appurtenexam, with —7 privikte, right, title,
intereAt and estate, dowsr and right of dames;, rsversfen, remainder a" easement therdo belonjcny
or in a*yuise appertaixing: Ro tw" sub to Sdb the same im far.ismphe fo+ener.
.4n4 the said Imal ias-of the Pvt part do_ _.mnenant wi& tlw said party of the wound part
•i_.th are jawfuzzy,eased of as said rwnisw; that they are free of all fneuan►bronoe, and
that 07L St. right andlawfui authority to sell Ow same; and that ._-.._they......._.._---.wild
mnarra a and defend the Sane afasnst the lawful elairns of all parsons.
to =Itnea Mbeaot. the said partlpgof the first part hoys.-lisreunto Set— their
hand Band seat ethe.day and year above writtm
Si¢sud, seal m»rod in our preeawee:
(seat)
Attachment B
Page • ll' oP 14
SSLL No. 1300
16
— 24
State Of . ........
C*=tv of .. .. .... .... . ..........
I lwabt Cglall. That on.," lard A— of
A. D. 190-9.!L-fory me pwwn&Uy &PPearad—R. Ik - 20 UM -86 TIOU13 V -ft-tVX6-UW
to was )Wwwa to be the pwwn domwibed is and. who
F-Irriew Me forr.101al now%va"M Ai M
it *a wNwally UA-.RWIMW W &Wait" ago"/ M be__tjjejwM as WWI dead for the um and
purpow therci'm vilmlioned; wid, the
the Ivife of the sad IL - a.--Tu - 3-0- a "Parate
flftd pli-MI16 SeVal"Ination takta and, W" by and before OW - A" SOPGrOWY Gad apart from her
.0;01 1011*70dwo, Md. qOA-W~IfjO #W *.$-VN& h4ta-W for am
7)1079w Of mUnquWWalf and eomVinj all hw- fit", *40 and ifturva- whether of
ljo,mv or of ospagg" property, -statutory or equitable, in and to the 14,048 Odywift demiW, and OW
Nice C=onled said deed Irt-41Y and voluatarily and wuhmil OAM Constraint, fear, appr&%-V;ox of'
..Maviox of or fvm her said huASX&
Ut"Jin 7" Silsaft— and offloW Ma Larjea.
ix am Couav me of- 45A --and Rita of,
the day and year Sea aflarOMBUL
-2
Attachment B
Pate 12 of 14 Pages
SSLL No. 130023806
W IIPS -7 PM a S3:
Othe, mtlrvnreM Nt Nepo•ed S1.
Nomw L. JOSBPM IOTMN
(}� 2222 Pam de Lem Boulevard
(J� "ci.e.. suite�oz
Bad
Carol WeGebni , Florida rA) -
34
�suturoe► Fools-s�aroM i►o�.ot ►.s.� s•,�n�. (V5�
443-4842
i5Itis A1da Iltia �'� der of April 1980 . artmern
LUCIUS C. WILLIAMS and ANTHONT GUIDO, as equal tenants in comfaon and not
as joint tenants with rights of survivorship
of ter Cow q of Dade . Stefs of Florida I pettier•, end
CITY OF MIAMM. a Florida Municipal Corporation
.+hem pest office eddre a is
of +Ito cew"tr W Dade .sin. +f Florida 1r«�*»'•
)VIhftssrtls. That +a d I►.eti.r. fur ettd in carnidaretien of ow rim of Ten Dollars and 00/ 100
($10.00)------------------------------------------------------------- oalle.t.
end edter rod tend enk Ll oemkWe iem r rid yreatar is hand peed M seid 9teniet. the receipt .hared is hwebr
eckawlad9ed. hes 9 eng . baroeittad end rW to the rid We ifae• and 9m~'s hers end ustiom fee a . flit Ian-ine
&Kn'bed bad. "vole. hi" end befi" in Dade cow i-. Florida, to•.a:
See legal description on attached Exhibit "A".
SUBJECT TO: (1) Taxes for the year 1980 and subsequent years.
(2) Conditions. restrictions. limitations and
easements of record.
(3) Applicable zoning ordinances.
�.� t::w;••J. rULSyr''• _ TAX!
ttttd Mid 9,00w does hm* hiflr .ertoo ow tifk to rid lend. tad will defend the Matt• 090inst the to -fed cb«ns of oil
eerwni-hemsoe.er.
':'GreMer" end "groMee" We used for Singular or plwd, es aeMe■t eeewres.
An 3111nned lgbrrrof. Procter hos tteretntte set gratttai s hand end "of the der and teat first above -teeter+.
Signed, sea end delivered in ow presences
L f �..e-i._ l:
l seetll
Iseult
Iseult
Iseo4
STATE of FLORIDA
coupm of DAM
I HEOEffv Cellulty lltn on lhis dot belle- aw. en officer dttlr aaoified to foke wino-4d "%- turwnogr eppeored
LUCIUS C. WILLIAMS and ANTHONY GUIDO
to the hno.n so be.the pe- as dtaribed in end who ...toted the leregoine instrwnew end ecaro-ledeed before "w that
they
glFtsel Sod in tM Cowdy end State lest efomsew this do► e1 April
19 �i� �t
= rloeery Public
_ ��: "'•••����—. s set -
hi0otlf Zl AT IAfA
1�. S M1117 /)
id • lmwnnfsls /
�^ Attachment B Page 13 of 14 Pages 4
`_ SSLL No. 1300 ��
11, rY 1 11 J
• Y ML
110. i~
ttca,ut4R •arena,
' Cusa Mast aou01
v� That port.— of a strll3'ttr Ithd tying MttieNortnriesc-
North Rive. brive in the City of Miami a,. 4he Xtliam�
River, the northwesterly boundary lira of which is the
northwesterly boundary lire•of Lot 13 of Bloch: 109 t
NORTiI, CITY OF MIAMI, according to the Plat thereof
as recorded in Plat Book "B" at pave 41 of the Public
Records of Dade County, Florida, extended southwester-
ly' to the Mizzni River and the southeasterly boundary line
of which is the southeasterly boundary line of Lot 14 in
said Block 109 NORTH, CITY OF JKLAaMr, extended south-
'westerly to the Miami River, together with all riparian 1
rights and submerged lands appurtenant to the above des- t
• cribed property and lying between the above described i
tract and the channel of the Miami River; another descrip
tiort of the said tract of land being that strip of Iand and ;
riparian rights in front of Lots 13 and 14, Bloc-. 109
• NORTH, CITY OF M AMI, according to the Plat thereof
as recorded in Plat Book "B" at page 41 of the Public
Records of Dade County, Morlda; and.
The North 75 feet (measured tt right angles to the north Iiae)
• - of the following described tract of land: • Of that tract of Iannd
which lies betwe -T�n Northwest i:orth River Drive (formerly r4orth
River Street) and the craters of the Miami River which tiould be
bounded -upon the Northwest by an extensions of the North bo�isary
line of :vortlmest Second Street (formerly Tenth Street) to the,
• '?larAl UAiheast .by an .extension, o: t,hq South
boundary line of Lot 14 of Block 109 Rortir, CITY OF ilIAVII, to
a_'the I liani River, as per. plat .recorded in Plat Book "B", at .page -
41 of the Public Records of Dade County, Florida; also �pt11 ri-
parisrs rightsand submerged lands xppurtez�et to above described
property and ly:Qg between the above conveyed tract and the
• channel of the ?;i..-ui River;.together with the buildings situate•
thereon, and also together with all furniture, furnishings, rir.-
tures and equipment located therein as o: the date hereof; and
' Seginninq it a poi -It on the Soutis',westerly boudar3( of IrorthWest
• Worth River Drive whie;r point is 75 feet Southeasterly fron. tre
an tersecti or• of said South+ses ter ly boundary on Nor Efroes t North
.River Drive v:ith the extension of the Northwesterly boundary of
i Northwest Second Street;
71hence continuing along the said Southwesterly bo'un_dary of North--
• • west North Rivet Drive a distance o: $5.35 :eat to :ts intersec--
Lion with- the extension of ti:e Southeasterly .boundzry or Lot 12,
of Bloch 10g xort.�, CI iY OF !WO.1, according to Flat Book Up it,
Zt Page '1�1, of the Public Records of Dade County, Florida,'
thence running Southwesterly alone the said Southeasterly
:oundar_i of Lot 12 extended, a distance of 5110.1;0 feet more oe
less to tl:e Hirai River;
Thence mee-rdering the shore line of said VinnI River in a avortb-:
westerly direction, a. distance of 91;.23 :eet more or Icss to a �
Point Which is 75 :eet SoutZ:easetsrly at right angles, frog the
said :'orLl:.#estcrly Tina o: r:orL'nz•sat Sec;.aLr Street .r.tcr•.ecd;
Thence running Vortheasis:r;y parall►l .:Ith the slid 0orihvrc:;tf:r1•
boundary of Imorth:•aest Second Street a distance of 66_39 feet
:sore or lips= to the Poin: of Begi;n.-iin_.
Also all rlp,,rizn rights In the submerged land lying sd jaccnt �'i
to and bet -;teen the above described fracL and the channel or
the 14iwni Rive.-;988 _ �
-24
+. t
<< • Attachment B
F'rM�e'sT s Page 14 of 14 Pages
SSLL No. 130023806
19
CITY OF MIAMI, FLORIDA CAm27
INTEROFFICE MEMORANDUM
Honorable Mayor and Members JAN - J 1998
TO: DATE: FILE
of the City Commission
Lummus Park/Pioneer Club
SUBJECT: Site Lease Agreement for
La
Submerged Lands
FROM: Rollason REFERENCES:
Interim City Manager Resolution, Agreement
ENCLOSURES:
RTCOWUMATION
It is respectfully recommended that the City Commission adopt the
attached resolution, with attachment, authorizing the City
Manager to execute a lease agreement between the City of Miami
and the State of Florida, Department of Environmental Protection,
for a minimum term of five years, for submerged lands adjacent to
City upland formerly known as the Pioneer Club site and the
adjacent parcel at 176 NW N. River Drive, Miami, Florida, at no
charge to the City.
BACKGROUND
The Department of Development, Building and Zoning has prepared
the attached documentation to enter into a lease agreement
between the City of Miami and the State of Florida, Department of
Environmental Protection.
The City of Miami currently owns real estate along the Miami
River. One parcel was previously leased to the Pioneer Club,
Inc., and they were responsible for utilizing the upland property
for water related uses including marinas subject to the approval
of regulatory agencies. This lease between the City and the
Pioneer Club, Inc., was terminated in 1995. Recently, the State
of Florida Department of Environmental Protection notified the
City of Miami, as the upland owner, that a new lease is required
as of January 1, 1998 for the submerged river bottom, in order to
keep the grandfather status of the previous use. The attached
agreement provides the terms and conditions for the lease of
those submerged lands.
1
_8- 24