HomeMy WebLinkAboutR-94-0751J-94-880
10/11/94
RESOLUTION NO. 9 4 — 751
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA, FOR THE USE OF SOVEREIGN
SUBMERGED LAND, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT A ATTACHED HERETO AND
MADE A PART HEREOF, FOR THE CONSTRUCTION AND
OPERATION OF A MARGINAL DOCK TO BE USED IN
CONJUNCTION WITH FORT DALLAS PARK; SAID LEASE
SHALL BE FOR AN INITIAL FIVE YEAR TERM
COMMENCING JULY 26, 1994 WITH SAID LEASE FEES
BEING WAIVED.
WHEREAS, in a letter dated February 19, 1992, the City of
Miami requested the State of Florida to lease submerged land
located on the Miami River for the purpose of constructing and
operating a marginal dock to be used in conjunction with Fort
Dallas Park located 60-64 Southeast 4 Street; and
WHEREAS, there are no formal landings in the immediate
vicinity of the proposed dock which, if constructed, will provide
the first public landing from the mouth of the river; and
WHEREAS, the construction of these docks will be donated to
the City of Miami by Miama River Group (d/b/a Bijan's
Restaurant); and
ATTACFolhel �T (S)
C044TAINED
CITY COMMISSION
MEETING OF
0 C T 2 7 1994
Resolution Na
94— 751
WHEREAS, on July 26, 1994, the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida approved
the issuance of a lease to the City of Miami for the above stated
purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized)-1 to
execute a lease agreement, in substantially the attached form,
with the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida ("Lessor") for use of 3,388 square feet,
more or less, of sovereign submerged land, as more particularly
described in Exhibit "A" attached hereto and made a part hereof,
for the construction and operation of a marginal dock to be used
in connection with Fort Dallas Park.
Section 3. This Lease Agreement shall be for an initial
five year period, with no lease fee, which term may be extended
at the sole option of Lessor subject to the terms, conditions and
provisions of management standards and applicable laws, rules and
regulations in effect at that time.
1 The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
94- 751
-2-
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 27th
e
RKT-TY HIRAI
CITY CLERK
E ARDO RODRIGUE , D RECTOR
OFFICE ASSET MANAGEMENT &
CAPITAL IMPROVEMENTS
LEGAL REVIEW BY:
O. BRU
ASSISTANT CITY ATTORNEY
-3-
day of October , 1994.
STEPH471. CLARK
MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
X. OVINN O S , I
CITY' ATT EY
94- '751
Department of
Environmental Protection
Lawton Chiles
Governor
City of Miami
c/o Mr. Eric Holly, President
ASLAN, Inc.
P.O. Box 1500
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
September 27, 1994
Virginia B. Wetherell
Secretary
Stuart, Florida 34995
Dear Mr. Holly:
BOT Lease No. 131840786
Lessee: City of Miami, A Municipal'Corporation
Enclosed is a copy of the Certification of Board Action attesting to the approval of
subject lease.
Also enclosed are two lease instruments which require acceptance by the Chairman or
Vice Chairman of the city council (two witnesses required). Pursuant to Chapter 695,
Florida Statutes, the names of the person executing the instrument, the two
witnesses, and the notary public must be legibly printed or typewritten directly
below that person's signature.
Please note that according to the Certification of authorized entity form contained
in the subject file; Mr. Cesar H. Odio as City Manager is named as the entity
authorized to sign real property documents. Please provide a resolution or other
documentation from the City Council stating that the City Manager has authorization
to sign real property documents. If such a resolution/documentation can not be
provided, please have the Chairman or Vice Chairman execute the enclosed instruments.
Please execute and return the enclosed instruments and any additional information
requested within 30 days'of the date of receipt of this letter. Upon receipt and
acceptance, we will transmit the lease instruments for final departmental execution
and a fully executed copy will be provided to you for your client.
Your cooperation and assistance are appreciated. If you have any questions regarding
this matter, please feel free to contact me at the letterhead address (directed to
Mail Station No. 125) or at 904/488-2297.
/Pg
Enclosures (including 120 Notice)
cc: City of Miami
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Sincerely,
6h"
am Gerard
Submerged Lands Section
Bureau of Land Management Services
94-
"Protect, Conserve and Manage Porido's Environnienr and Noturai RvsGurrrs"
751
Printed on recycled paper.
N 0 T I C E
To: City of Miami Date: September 27, 1994
3500 Pan American Drive
P.O. Box 330708
Miami, Florida 33233-0708
BOT File No. 131840786
The Lessee and any other person whose interest may be affected by this decision has
the right to request an administrative hearing pursuant to Chapter 120, Florida
Statutes. However, any request must be received by the Department no later than 21
days from the date of receipt of this notification and should be directed to:
Office of the General Counsel
Department of Environmental Protection
Mail station 35, Twin Towers
2600 Blair Stone Road
Tallahassee, Florida 32399-2400.
This request for hearing must contain a petition setting forth the factual and legal
grounds for contesting this decision. Upon receipt, the petition will be filed by
the Department with the Division of Administrative Hearings and notification of all
future proceedings will come from that agency.
Failure to request a hearing in a timely manner, and in the manner prescribed, will
cause this decision to become final as to any person receiving notice, pursuant to
Section 120.68, Florida Statutes, and Rules 9.030(b)(1)(c) and 9.110, Florida Rules
of Appellate Procedure. To initiate an appeal of this order once it becomes final-, a
Notice of Appeal must be filed with the District Court of Appeal within 30 days of
the filing of the Final Order with the Agency Clerk. A Notice of Appeal filed with
the District Court of Appeal must be accompanied by the filing fee specified in
Section 35.22(3), Florida Statutes.
Bureau of Land Management Services
08/13/93
94- 751
This Instrument Prepared Bys
Pam Gerard
submerged ands 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. 131840786
THIS LEASE is hereby issued by the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, hereinafter referred to as the
Lessor.
WITNESSETH: That for and in consideration of payment of the annual lease
fees hereinafter provided and the faithful and timely performance of and
compliance with all terms and conditions stated herein, the Lessor does hereby
lease to City of Miami, a 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 South, Range 41 East, in Miami River,
Dade County, containing 3�guare feet, more
on Tess, as is more part crly described and shown on Attachment
A, dated March 8, 1994,
TO HAVE THE USE OF the hereinabove described premises for a period of 5
years from July 26, 1994, the effective date of this lease. The terms
and conditions on and for which this lease is granted are as follows:
1. The Lessee is hereby authorized to construct and operate exclusively a
marginal dock to be used in conduction with the_upland public park, without fueling
Eaaili; w sewage pumpou�facit es mee s s requirements othe
Division of Environmental Permitting or local government, whichever entity applies
the more stringent criteria, and without liveaboards, as shown and conditioned in
Attachment A, and the Division of Envronmental Resource Permitting, Permit No.
131840786, dated Se tember 19 1990, Attachment B. The construction of the
structures descr e n Attac anent A shall be completed within the initial term
hereof or within the first 5 years of the initial term if the initial term is for a
period greater than 5 years. The failure to complete the construction of all
authorised structures within this time period shall constitute a material breach of
the lease causing the lease to automatically terminate upon the expiration of the
initial term or first 5 years, whichever is sooner, without any right of renewal.
2. 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 adjacent 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.
(02)
94- 751
3. 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 hersinbefore described is vested in the Lessor.
4. This lease shall not be assigned or otherwise transferred without prior
written consent of the Lessor or its duly authorized agent. Any assignment or other
transfer without prior written consent of the Lessor shall be null and void and
without legal effect.
S. During the term of this lease, the Lasses shall maintain a leasehold or
fee simple title interest in the adjacent upland property and if such'intereat is
terminated, the lease may be terminated at the option of the Lessor. Prior to sale
and/or termination of the Lessee's leasehold or fee simple title interest in the
upland property, Lessee shall inform any potential buyer or transferee of the
Lessee's upland property interest of the existence of this lease and all its terms
and conditions and shall complete and execute any documents required by the Lessor to
effect an assignment of this lease, if consented to by the Lessor. Failure to do so
will not relieve the Lessee from responsibility for full compliance with the terms
and conditions of this lease which include, but are not limited to, payment of all
fees and/or penalty assessments incurred prior to such act.
6. 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. 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. 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, this lease may be terminated by the Lessor upon thirty (30) days written
notice to Lessee. If cancelled, all of the above -described parcel of land shall
revert to the Lessor. All costs and attorneys' fees incurred by the Lessor to
enforce this provision shall be paid by the Lessee. All notices required to be given
to Lessee by this lease or applicable law or administrative rules shall be sufficient
If sent by U.B. Mail to the following address:
City of Miami
3500 Pan American Drive
P.O. Box 330708
Miami, Florida 33233-0708
is Lessee shall notify the Lessor by certified mail of any change to this address at
)ast ten (10) days before the change is effective.
9. The Lessee shall assume all responsibility for liabilities that accrue to
e subject property or to the improvements thereon, including any and all drainage
special assessments or taxes of every kind and description which are now or may be
eeafter lawfully assessed and levied against the subject property during the
`active period of this lease.
10. The Lessee shall not permit the leased premises or any part thereof to be
d or occupied for any purpose or business other than herein specified unless such
posed use and occupancy are consented to by the Lessor and the lease is modified
3rdingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal
.ations of any kind on the leased premises.
2 of 26 Pages
:e my 8u mF egged Lands Lease No. 131840786
94- 751
11. 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. No dock or pier shall be constructed
in any manner that would cause harm to wildlife. The leased premises shall be
subject to inspection by the Lessor or its designated agent at any reasonable time.
12. The Lessee shall not permit any vessel required to be registered or titled
under Florida law to moor or dock within or otherwise use the leased area unless such
vessel is registered or titled in accordance with Chapters 327 and 328, Florida
Statutes.
13. 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 the form set forth in Attachment C , 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 poet 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.
14. No failure, or successive failures, on the part of the Lessor to enforce
any provision, nor any waiver or successive waivers on its part of any provision
herein, shall operate as a discharge thereof or render the same inoperative or impair
the right of the Lessor to enforce the same upoh any renewal thereof or in the event
of subsequent breach or breaches.
IS. upon expiration or cancellation of this lease all permission granted
hereunder shall cease and terminate.
16. Renewal of this lease shall be at the sole option of the Lessor. Such
renewal shall be subject to the terms, conditions and provisions of management
standards and applicable laws, rules and regulations in effect at that time. In the
event that Lessee is in full compliance with the terms of this lease, the Lessee may
apply in writing for a renewal. Such application for renewal must be received by
Lessor no sooner than 120 days and no later than 30 days prior to the expiration date
of the original or current term hereof. The term of any renewal granted by the
Lessor shall commence on the last day of the previous lease term. If the Lessee
faile.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 D , which shall run with the title to said riparian upland property,
and shall be G riding upon Lessee and Lessee's successors in title or successors in
interest.
17. If the Leases 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 8 or at such address on record as provided to the Lessor by
the Lessee. However, ouch remedy shall be in addition to all other remedies
available to Lessor under applicable laws, rules and regulations including the right
to compel removal of all structures and the right to impose administrative fines.
18. 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.conatitute a lien upon the interest of the Lessee in
its upland* enforceable in summary proceedings as provided by Law.
Page 3 of 26 Pages
Sover=e gn y Su m-erged Lands Lease No. 131840786
94- 751
19. The Lessee, at its own expense, shall record this lease and any subsequent
approved renewal and/or modified leases in the official records of the county within
which the lease site is located within fourteen (14) days after receipt of a fully
executed copy of this lease, and shall provide the Lessor with a•copy of the recorded
lease indicating the book and page at which the lease is recorded.
20. In the event that any part of any structure authorized hereunder is
determined by a final adjudication issued by a court of competent jurisdiction to
encroach on or interfere with adjacent riparian rights, Lessee agrees to either
obtain written consent for the offending structure from the affected riparian owner
or to remove the interference or encroachment within 60 days from the date of the
adjudication. Failure to comply with this paragraph shall constitute a material
breach of this lease agreement and shall be grounds for immediate termination of this
lease agreement at the option of the Lessor.
21. This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in
writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and
must comply with the rules and statutes in existence at the time of the execution of
the modification or amendment. Notwithstanding the provisions of this paragraph, the
Lessee may install boatlifts within the leased premises without formal modification
of the lease provided that (a) Lessee provides to Lessor an acceptable engineering
drawing of the proposed lift; (b) the location or size of the lift does not increase
the mooring capacity of the facility; and (c) written approval of Lessor is obtained
prior to the installation or construction of the lift. A copy of such authorization
shall be attached to the lease.
22. Lessee shall place and maintain covered, secured trash receptacles,
preferably of 50 gallon capacity, of a sufficient number and at appropriate locations
on the overwater structures within the leased area to encourage facility users to
discard litter in an acceptable manner and prevent litter from being discarded into
the waters of the State. Immediately adjacent to the trash receptaclea, Lessee shall
post signs the size of which shall be at least as large as 18" x 24" with white
lettering on green background to carry an appropriate message such as DON'T BE A
LITTER BUG; PLEASE PLACE TRASH IN RECEPTACLE; or TRASH RECEPTACLE.
23. No permanent or temporary signs directed to the boating public advertising
the sale of alcoholic beverages shall be erected or placed within the leased area.
No restaurant or dining 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/realignment or major repairs or renovations to authorized structures,
shall be erected or conducted on or over sovereignty, submerged lands without prior
written consent from the Lessor. Unless specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a
violation of Chapter 253, Florida Statutes, and shall subject the Lessee to
administrative fines under chapter 18-14, Florida Administrative Code. This
condition does not apply to minor structural repairs required to maintain the
authorized structures in a good state of repair in the interests of public health,
safety or welfare; provided, however, that such activities shall not exceed the
activities authorized by this agreement.
24. Prior to commencement of construction and/or activities authorized herein,
the Lessee shall obtain the U.S. Army Corps 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 00E 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.
Page 4 of 26 Pages
Sovere gn y Su m- erged Lands Lease No. 131840786
94- 751
WITNESSES$
original Signature
Typed/Printed Name of Witness
original Signature
Typed/Printed Name of w tness
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA
(SEAL)
BY
Percy W. Ma son, Jr., D rec or,
Division of State Lands, Agent for the
Board of Trustees of the Internal
Improvement Trust Fund
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of
, 19 , by Percy W. Mallison, Jr., Division Director , who is
personally own to me.
APPROVED AS TO FORM AND LEGALITY$
DEP Attorney
Notary Public, State of Florida
Printed, Typed or Stamped Name
My bommission Expires:
Commission/Serial No.
City of Miami,
WITNESSES$ a Municipal Corporation (SEAL_)
Lessee
j BY
} Original Signature original Signature of Executing Authority
Typed/Printed Name of Witness
original Signature
Typed/PrintedName of Witness
STATE OF
COUNTY OF
Typea/Printed Name of Executing Authority
Chairman
Title of Executing Authority
"LESSEE"
The foregoing instrument was acknowledged before me this day of
19 , by
who is persona y own=o me or w o ae produced , as
identification.
My Commission Expires$
Notary Public, State of
Commission/Serial No. Printed, Typed or Stamped Name
Page 5 of 26 Pages
Sovereignly Su mb exged Lands Lease No. 131840786
94- 751
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A§'LAN, In °"` Submerged Lend Lees.
CITY of MlAMI CONSOLTANrS / PLANNERS f Swwaroas'
FORT DALLAS PARK "NO XWORMAWN sERncEs
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Attachment A
Page 7 of 26 Pages
SSLL No. 131840786 r
•�Tb•3 t� N o
Pro*. !t P:w
94- 751
LAND DLSLJtJMV)r
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Attachment A 9 4 - 751
Page 8 of 26 Pages
SSLL No. 131840786
IR
Q
Florida Department of Environmental .Regulation
F+ Southeast District* 190u S. Congress Ave., Suite A*Wtat Kim Beach, Florida 33406*407.964.9668
JfVfpt FtOa Bob Martinet, Governor Dale TWachtmann, Secretary John Shearer, Aasatant Secretary
Scott Unyon, Deputy Aubunt Saretary
PERMITTEE: I.D. NUMBER: 5013HO3004
City of Miami PERMIT CERTIFICATION 131840786
c/o Richard A. Bunnell DATE OF ISSUE: $EP Mho
8340 NW 58th Street EXPIRATION DATE.. •SEP 1 9 1995
Miami, FL 33166 COUNTY: Dade
LATITUDE/LONGITUDE: 25147113"/80.11134"
SECTION/TOWNSHIP/RANGE: 37/54S/41E
PROJECT: Marginal dock
This permit is issued under the provisions of Chapter 403, Florida Statutes,
Public Law 92-500 and Title 17, Florida Administrative Code Rules. The above
named permittee is hereby, authorized to perform the work or operate the
facility shown on the application and approved drawing(s), plans, and other
documents attached hereto or on file with Department and made a part hereof
and specifically described as follows:
TO CONSTRUCT: A public 1441 long x 10' wide marginal dock and its associated
dock pilings. No other pilings or structures are authorized by this permit.
IN ACCORDANCE WITH. The DER Application Form 17-1.203(1) received on July 24,
1990, and the three (3) attached stamped drawings.
LOCATED AT: Bijans Restaurant, 60-64 SE 4th Street, Miami, on the north side
of the Miami River, Biscayne Bay Aquatic Preserve, Class III Waters,
Dade County.
SUBJECT TO: General Conditions 1-15 and Specific Conditions 1-19.
11
Page 1 of 7
I
Attachment B Page 9 of 26 Pages 9 _ 751
SSLL No. 131840786
i
.GENERAL CONDITIONS:
1. The terms, conditions, requirem,.nts limitations and restrictions set ft ch in this
permit are "permit conditions" and are binding and enforceable pursuant to Sections
L03.141, 403.727, or 403.859 through 403.861, F.S, The permittee is placed on notice
that the Department will review this permit periodically and may initiate enforcement
action for any violation of these conditions.
2. This permit is valid only for the specific processes and operations applied for and
indicated in the approved drawings or exhibits. Any unauthorized deviation from the
approved drawings, exhibits, specifications, or conditions of this permit may constitute
grounds for revocation and enforcement action by the Department,
3. As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this
permit does not convey any vested rights or any exclusive privileges. Neither does it
authorize any injury to public or private property or any invasion of personal rights,
nor any infringement of federal, state, or local laws or regulations. This permit is not
a waiver of or approval of any other Department permit that may be required for other
aspects of the total project which are not addressed in this permit.
4, This permit conveys no title to land or water, does not constitute State
recognition or acknowledgement of title, and does not constitute authority for the use of
submerged lands unless herein provided and the necessary title or leasehold interests
have been obtained from the State. Only the Trustees of the Internal Improvement Trust
Fund may express State opinion as to title.
5. This permit does not relieve the permittee from liability for harm or injury to
human health or welfare, animal, or plant life, or property caused by the construction or
operation of this permitted source, or from penalties therefore; nor does it allow the
permittee to cause pollution in contravention of Florida Statutes and Department rules,
unless specifically authorized by an order from the Department.
6. The permittee shall properly operate and maintain the facility and systems of
treatment and control (and related appurtenances) that are installed and used by the
permittee to achieve compliance with the conditions of this permit, are required by
Department rules. This provision includes the operation of backup or auxiliary
facilities or similar systems when necessary to achieve compliance with the conditions of
the permit and when required by Department rules.
7. The permittee by accepting this permit, specifically agrees to allow authorized
Department personnel, upon presentation of credentials or other documents as may be
required by law and at reasonable times, access xo the premises where the permitted
activity is located or conducted to:
(a) Have access to and copy any records that must be kept under conditions of the
permit;
(b) Inspect the facility, equipment, practices, or operations regulated or required
under this permit; and
(a) Sample or monitor any substances or parameters at any location reasonably
necessary to assure compliance with this permit or Department rules.
Reasonable time may depend on the nature of the concern being investigated.
S. If, for any reason, the permittee does not comply with or will be unable to comply
with any condition or limitation specified in this permit, the permittee shall
immediately provide. the Department with the following information:
(a) A description of and cause of noncompliance; and ,
-- -- (b) The period of noncompliance, including dates and times; or,.if not corrected,
the anticipated time the noncompliance is expected to continue, and steps being
taken to reduce, eliminate and prevent recurrence of the noncompliance. The
Eermittee shall be responsible for any and all damages which may result and may
e subject to enforcement action by the Department for penalties or for
revocation of this permit.
9. In accepting this permit, the permittee understands and agrees that all records,
notes, monitoring data and other information relating to the construction or operation of
this permitted source which are submitted to the Department may be used by the Department
as evidence in any enforcement case involving the permitted source arising under the
Florida Statutes or Department rules, except where such use is prescribed by Section
.403.111 and 403.73, F.S. Such evidence shall only be 'used to the extent it is consistent
with the Florida Rules of Civil Procedure and appropriate evidentiary rules.
Page 2 of 7
DER Form 17-1.201(5
Effective November 0, 1982
I
Attachment B 9 - 751
Page 10 of 26 Pages
SSLL No. 131840786
GENERAL CONDITIONS:
^� 10. .The permittee agrees to comply �:h changes in Department rules and Flt i
nottwaiveaanyrotherarightsegrantedoby i'loridacs'tatutesdor,Departmenttrules . mi a does
20ispemiiFse�abloapicbeeeptteeaslaoliabfhyle
17-4.1rnl7o30t300,Aasplal. Thermihalbele oran
non-compliance f he permitted activity until the transfer is approved by the Department.
12, This permit or a copy thereof shall be kept.at the work site of the permitted
activity.
13, This permit also constitutes:
( ) Determination of Best Available Control Technology (BACT)
( ) Determination of Prevention of significant Deterioration (PSD)
09 Certification of compliance with state Water Quality Standards
(Section 401, PLi92-500)
( ) Compliance with New Source Performince•Standards
14.' The permittee shall comply with the following:
(a) Upon request, the permittee shall furnish all records and plans reqquired under
Department rules. During enforcement actions, the retention period for all'
records will be extended automatically unless otherwise stipulated by the
Department.
(b) The permittee shall hold at the facility or other location designated by this
permit records of all monitoring information (including all calibration and
maintenance records and all original strip chart recordings for continuous
monitoring instrumentation) required by the permit, copies of all reports
required by this permit, and records of all data used to complete the
application for this permit. These materials shall be retained at least three
years from the date of the sample, measurement, report, or application unless
otherwise specified by Department rule:
(c) Records of monitoring information shall include:
1. the date, exact place, and time of sampling or measurements;
2. the person responsible for performing the sampling or measurements;
3. the dates analyses were performed;
4. the person responsible for performing the analyses;
5. the analytical techniques or methods used;
6. the results of such analyses.
15. When requested by the Department, the permittee shall within a reasonable time
furnish any information required by law which is needed to determine compliance with the
permit. If the permittee becomes aware the relevant facts were not submitted or were
incorrect in the permit application or in any report to the Department, such facts or
information shall be corrected promptly.
16. In the case of an underground injection control permit, the following permit
conditions also shall apply: --
(a) All reports or information regguixed.by the Department shall be certified as
being true, accurate and.complete.
(b) Reports of compliance or noncompliance with, or any'progress reports on,
;,tquirements contained,_in„any compliance_ g.4he4ult ,of_, this permit shall be
submitted no later than 14 days following each schedule date.
(c) Notification of any noncompliance which may endanger health or the environment
shall be reported verbally to the Department within 24 hours and again within
72 hours, and a final written report provided within two weeks.
1. The verbal reports shall contain any monitoring or other information which
indicate that any contaminant may endanger an underground.source of drinking
water and any noncompliance with a permit condition or malfunction of the
injection system which may cause fluid migration into or between underground
sources of drinking water. -
Page 3 of 7
DER Form 17-1.201(5�
Effective November 0, 1982
S
Attachment 9 d —
Page 11 of 26 Pages 751
SSLL No. 131840786
GENERAL CONDITIONS: ,
2.
The written submission sha.., contain a description of and a discussion of the
cause of the noncompliance and, if it has not been corrected the anticipated
time the noncompliance is expected to continue, the steps being taken to
the noncompliance and all
reduce, eliminate, and prevent recurrence of
information required by Rule 17-28.230(4)(b), F.A.C.
(d)
The Department shall be notified at least 180 days before conversion or
abandonment of an injection well, unless abandonment within a lesser period of
time is necessary, to protect waters of the state.
17, The
following conditions also shall apply to a hazardous waste facility permit.
(a)
The following reports shall be submitted to the Department:
1.
Manifest discrepancy report. If a significant discrepancy in a manifest is
discovered the ppermiyttee shall attempt to rectify the disscrepancy. If not
a8letterereport,raincludingcaicopy ofethe manifestT,ato the
immediatelytsubmit
Department.
2.
Unmanifested waste report. The ppermittee shall submit an unmanifested waste
report to the Department within 15 days of receipt of unmanifested waste.
3.
Annual report. An annual report covering facility activities during the
previous calendar year shall be submitted pursuant to Chapter 17-30, F.A.G.
(b)•Notification
of any -noncompliance which may endanger health or the environment,
including the release of any hazardous waste that may endanger public drinking
water supplies or the occurrence of a fire or explosion from the facilitywhich
could threaten the environment or human health outside the facility, shall be
reported verbally to the Department within 24 hours, and a written report shall
be provided within 5 days. The verbal report shall include the name, address,
f
T.A. number, and telephone number of the facility, its owner or operator, the
I
name and quantity of materials involved the extent of any injuries, an
assessment of actual or potential hazards, and the estimated quantity and
disposition of recovered material. The written submission shall contain:
1.
A description and cause of the noncompliance.
2.
If not corrected, the expected time of.correction, and the steps being taken to
reduce, eliminate, and prevent recurrence of the noncompliance.
(c)
Reports of compliance or noncompliance with or any progress reports on,
requirements in an compliance schedule shall be submitted no later than 14
days after each schedule date.
(d)
All reports or information required by the Department by a hazardous waste
permittee shall be signed by a person authorized to sign a permit application.
Page 4 of 7
DER Form 17-1.201(5)
Effective November 30, 1982
r
Attachment $
Page 12 of 26 Pages
SSLL No. 131840786 CJ 751
PERMITTEE: I.D ' IMBER: 5013M03004,
City of Miami PER1 6ERTIFICATIoN NUMBER: 131840786
DATE OF ISSUE: SEP T 8 1999'
EXPIRATION DATE,..UP 1 9 1995'
SPECIFIC CONDITIONS:
1. The permittee is hereby advised that Florida law states: "No person shall
commence any excavation, construction, or other activity involving the use of
sovereign or other lands of the state, title to which is vested in the.Board
of Trustees of the Internal Improvement Trust Fund or the Department of
Natural Resources under Chapter 253, until such person has received from the
Board of Trustees of the Internal Improvement Trust Fund the required lease,
license, easement, or other form of consent authorizing the proposed use."
Pursuant to Florida Administrative Code Rule 16Q-14, if such work is done
without consent, or if a person otherwise damages state land or products of
state land, the Board of Trustees may levy administrative fines of up to
$10,000 per offense.
2. All other necessary State, Federal, or Local permits must be applied for
and received prior to the start of work.
3. Written notification shall be provided to the Department of Environmental
Regulation, Southeast Florida District Office in West palm Beach and
ketropolitan-Dade County Environmental Resources Management, a minimum of
forty-eight (48) hours prior to commencement of construction and a maximum of
forty -sight (48) hours after completion of construction.
4. Turbidity controls, such as, but not limited to turbidity curtains shall be
used during project construction to ensure that turbidity levels beyond a 50'
radius of the work area do not exceed ambient turbidity levels. Turbidity
controls shall remain in place until all project generated turbidity subsides.
5. Pilings shall be driven in place.
6. The proposed dock is intended for temporary umby the general public for
waterway access to upland public areas, restaurants, etc. No overnight
dockage or liveaboards are authorized by this permit.
7. The contractor shall instruct all personnel associated with the project of
the potential presence of manatees and the need to avoid collisions with
manatees.
8. All construction personnel shall be advised that there are civil and
criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act of 1972, the Endangered
Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. The
permittee and/or contractor will be hold responsible for any manatee harmed,
harassed, or killed as a result of construction activities.
9. Siltation barriers shall be made of material in which manatees cannot
become entangled. The barriers shall be properly secured and regularly
monitored to avoid manatee entrapment. Barriers must not block manatee entry
to or exit from essential habitat.
Page 5 of 7
Attachment B
Page 13 of 26 Pages
SSLL No. 131840786
94- 751
PERMITTEE: I.D."_')MER: 5013MO3004
City of Miami .., PEM. JERTIFXCATION NUMBER: 131840786
DATE OF ISSUE: SEP 1 9 199Q
EXPIRATION DATE:' SEP j 9 1995
SPECIFIC CONDITIONS:
10. All vessels associated with the project shall operate at "no wake/idle"
speeds at all times while in water where the draft of,the vessel provides less
that a four foot clearance from the bottom and vessels shall follow routes of
deep water whenever possible.
11. A minimum of two 3' x 4' temporary construction manatee signs ("Manatee
Habitat -Idle Speed in construction areas") shall be installed and maintained
prior to construction at prominent locations within the construction
area/facility. One construction sign will be located prominently adjacent to
the construction permit(s). The other sign will be installed in a location
4 prominently visible to water related construction craws. Photos of signs in
place must be sent to the Florida Department of Natural Resources (FDNR),
Marine Mammals Section, 100 Eighth Avenue, S.E., St. Petersburg, Florida
33701-5095, prior to the initiation of construction. Temporary construction
signs will be removed by the permittee upon completion of construction. A
construction sign criteria sheet is attached.,
12. All construction activities in open water shall cease upon the sighting of
a manatee(s) within 100 yards of the project area. Construction activities
will not resume until the manatee(s) has departed the project area.
13, Any collision with and/or injury to a manatee shall be reported
immadiateli to the "Manatee Hotline" (1-800-DIAL FMP) and to the U.S. Fish and
Wildlife Service, Jacksonville Field Office (904-791-2580).
14. The contractor shall maintain a log detail+ing sightings, collisions, or
injuries to manatees should they occur during the contract period.
15. Following project completion, a report summarizing the above incidents and
sightings shall be submitted to the FDNR (address #11 above) and to the U.S.
Fish and Wildlife Service, 3100 University Blvd. South, Suite 120,
Jacksonville, Florida 32216.
16. Permanent manatee awareness signs shall be installed and maintained at
the docking facility. Prior to initiation of construction, the permittee will
send a project site plan to the FDNR Marine Mammals Section (address #11
above). FDNR personnel will specify permanent sign locations.
The sign shall be 3' x 41, 125 gauge 61TS aluminum, covered with white,
engineer grade, reflective sheeting; black, painted lettering; black, screened
design; and orange, engineer grade, reflective tape border. The 3' x 41
"Caution Manatee Area" signs shall conform to the Florida Uniform Waterway
Marking System in accordance with F.S. 327,40-1. The installation of the 3' x
4' signs shall be made in accordance with the FDNR specifications for such
signs. Sign installation specifications will be furnished to the permittee
when sign locations are designated by the permittee.
Page 6 of 7
Attachment B
Page 14 of 26 Pages SSLL No. 131840786 _ 751
pERMITTEE= I.D.'—J!ER: 5013H03004 i
City of Miami PERM ,ERTIFICATION NUMBER: 131840786
DATE OF ISSUE: Sip 1 g 1990
EXPIRATION DATk:` Ep 1 9 1995
SPECIFIC CONDITIONS:
Verification that signs have been installed at designated locations shall
be provided to FDNR before the docking facility begins operation. Signs and
pilings remain the responsibility of the owner(s) and are to be maintained for
the life of the facility in a manner acceptable to FOUR. A permanent manatee
awareness sign criteria sheet is attached.
17. A permanent informational display shall be installed prior to mooring
occupancy at a prominent location to increase awareness of boaters using the
facility of the presence of manatees and of the need to minimize the threat of
boats to these animals. The number of information displays required will
depend on the docking facility design. One information display is required at
each boat ramp. Information display locations will be specified by FDNR
personnel when awareness sign location siting is done. The display should
include information on the location of the facility with respect to boat speed
zones in the area, the threat which boats pose to manatees, and the "Manatee
Hotline" number (1-800-DIAL. FHP). Other information which may aid in the
conservation of the species may be obtained from FDNR. 'Information displays
remain the responsibility of the owner(s) and are to be maintained for the
life of the docking facility in a manner acceptable to FDNR.
18. The engineer of record shall submit record drawings to this office within
sixty days after completion of construction.
19. The permittee shall be aware of and operate under the attached "General
Permit Conditions #1 thru #1511. General Permit Conditions are binding upon
permittee and enforceable pursuant to Chapter.403 of the Florida Statutes.
EXECUTED ON THIS l day of 1990
1990 ~
in West Palm Beach, Florida.
STATE OF FLORIDA
DEPARTMENT F ENVIRONMENTAL REGULATION
J. TT BE ON
D uty Assistant Secretary
Page '7 of 7
Attachment 3
Page 15 of 26 Pages A
SSLL No. 131840786 4
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94- 751
Attachment B
Page 16 of 26 Pages
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�T. ilnntsi�a �tc.>:
of Oocu EL, +4,•75'
�-[: rJEcJUNc{ oN F.T. 5T21P,-�,
�o� • � . Sr��-.�exErER-
(��. nb -lo79 t
• , CONSTRsION SIGN
MANATEE:IHABITAT ,� 13L>a t Lr'1"rCRING
• IDLE $P C E �---_" nI
/�
�y ANr • rnrt,..,,,�� IN
CONSTRUCTION AREA.< »a,n�'L
MEAN WA'1'LR
c �[1Rfi 11
SPLCIFICA`i`IONSs n►JnLed white; 1J].ac)c 9"
The signs shall be a minimun► of 3' X 4", 1'•
lettering; and•.orange, engineer grace, 1'e1:J.Lc:L•J.ve circle and WX-de;...
.. -
CONSTRUCTION S]•GN
- NOT 1,0 SCAT,I'; (3411
i
Attachment B
Page 19 of 26 Pages
SSLL No. 131840786
MANATEE SIGNS
The following are the suppliers for the manatee signs that
will fulfill the DNR requirements for Caution signs and
informational display signs specified in marine construction
permits/leases. There are two different Informational display
1 signs which are designed to be used together. Permit/lease
y holders should contact these companies directly and arrange for
shipment and billing on an individual basis.
"CAUTION, MANATEE "LEA" SIGNS
i
1 Advanced Barricades
P.O. Box 1745
Jupiter, FL 33458
305/746-5123
Municipal Supply and Sign Co.
.1095 Fifth Avenue North
P.O. Box 1765
Naples, FL 33939-1765
813/262-4639
INFORMATION DISPLAY SIGNS
New City Signs
2245 Central Avenue
St. Petersburg, FL 33713
(813)323-1897
i
Attachment B
Page 20 of 26 Pages
SSLL No. 131840786
IPIMMANLN'1' MANATEE AWARENESS SlGN
C ,
IT1O; �'
4
`rMAN EEtN1'AREA
j641 urang'e Aefleckivu 10�.,e P of uransie ItetlecL•ive
ui'►
t'o
M MEAN WATER
,
' $U1tFACL•'
1.1 �
--------------
$+
W ft
h+ 0
F' UDSTRATL•' SURFACE
o
14
9+ rF
V! O ,
n� a+
94- 751
i The docking structures located on the public
Las estructuras de muella situadas en las 1
t lands are under lease from the Florida
tierras publicas son sojetas a arrendamiento I
Board of Trustees of the Internal
de El Consejo de Administradores del j
Improvement Trust Fund. As a condition of
Fondo Segura de Mejoramiento Inferno de 1
that lease, the lessee is prohibited from
la Florida. Como condici6n de este
discriminating on the basis of an individual's
arrendamiento, el arrendador sera prohibido
race, color, religion, sex, national origin,
descriminor par cause de raze, color,
age, handicap or marital status in the rental
religion, sexo, origen nocional, edad,
or use of those structures,
incopocitaci6n o estodo civil. 1
1
Persons denied equal right to rent or use the
Las personas a quieres se les hoya negado 1
docking structures included within
el derecho de igualdad al arrendar o usar 1
Sovereignty Submerged Land Lease
las estructuras de muelle incluidas dentro I
t Number 131840786
de la Soberania de Tierras Somergidas pars I
may file a complaint with the:
Arrendamiento Numero 131840786 I
pueden presenter una queja al: 1
Department of Environmental Protection
Departamento de Protecci6n del Ambiente
Division of State lands
Division de Tierras del Estodo
3900 Commonwealth Blvd,
Moil Station Number 150
Mail Station Number 150
3900 Commonwealth Blvd. 1
Tallahassee, Florida 32399.3000
Tallahassee, FL 32399.3000 I
Call: (904) 488.6242
dame ol: (904) 488.6242
1
(Investigations)
(investigociones)
Attachment C
Page 22 of 26 Pages _ ry
SSLL No. 1318 0� i
•� , �, .�. ^ �" ; it
,V„� IVkM •• ;;q!{ �ii5 19 FEB 8 PM 12 '
t,
j' Jay of February A• n• 19 74 I)y
'�Ilis Warranty Deed made, Ilia 1 ' �` �•-
EDITH G. ADELBERG, a widow �
lu,retiiofler collect Ilia orarilor, to CITY OF MIAMI, a Municipal Corporation
P. 0. Box 708, Coconut Grove Station
lulwse postofftea address is Miami, Florida 33133
lieralliuifler called Ilia (tranloa: R
lhtWherever Icpd teprm iln al s IWTUMAI and
uJ iuirtm and
IdI liv du iy andu I �"Imewilia n�raind WIRt to U.` oil Cor .-A11o1N)
RUCSSMI: 7'lial Ilia oranlor, for and in considerallmr of Ilia sum of S 10.00 and ollier
valuable carsidorallans, receipt whereof Is lieralry acknowladoad, lleroby orals, 6oroains, salts, allaris, re•
nlises, releases, caiaeys avid confirms unto Ilia oranlee, all Ilial certain larul situala in Dade
Comily, Florida, viz:
Lot 17 and the West half of Lot 18 of FT. DALLAS PARK,
according to the Amended Plat thereof, as recorded in
Plat Book. 4, at Page 85, of the Public Records of Dade
County, Florida; LESS that portion beginning at the North-
west corner of Lot 17 of Amended Plat of FT. DALLAS PARK,
as recorded in Plat Book 4, at Page 85, Dade County Public
Records; run South along the Wgst line of said Lot 17, a
distance of 39 feet more or less; thence Easterly and
Northeasterly on the arc of a curve a distance of 16.92
feet, said curve having a radius of 50 feet and whose center
is located on the West line of Lot 17 proceed Northwardly
11 feet North of the Northwest corner of said Lot 17; thence
Northeasterly through Lot 17 and a portion of Lot 18 of
;%-miA ;1.91' foot, more or lean, to the center
line of said Lot 18, thence North along said center line a
distance of 15.62 feet, more or less, to the North line of
Lot 18; thence West along the North line of Dots 18 and 17,
a distance of 75 feet, more or less to the Point of begin-
ning; less any portion of the above Lot 17 and the West Half
of Lot 18, if any; taken for 'street purposes. 1•- "'
C,,y . .! •T• i
TOGETHER with any accretions thereto and less any erosions
thereof which may be created or caused by the ebb and flow
of the Miami River.
TOGETHER with such water and riparian rights and privileges
as the Seller may own of record.
SUBJECT TO:
restrictions,
limitations,
conditions and
easements,
if any, without
the intent to
reimpose same.
Attachment D
Page 23 of 26 Pages
SSLL No. 131840786
94- '751
u ti
r CITY OF MIAMI, FLORIDA,
a Florida tlunicipal
corporation,
"Ni
•i �
Plaintiff,
.� i YJ•
JOH;. IN. PATTL'RSOh, et al.,
1 Dofondants.
r!7 IN ""T., CIRCUIT r:OURT ()F THE 11T"
JUD.XIAL CIR•:" : i IN :,ND FOR DAD -
COUNTY . F' c), , ...
..CASZ NO. 75-10961 (Judge Vann)
DIVISION NO. 3
FINAL JUDGMENT A5 TO PARCEL
.40_7093-B __.
This cause coming on for trial upon,the Petition of th,!
City of :Miami in wminant Domain :'r 7ceedincjs and upon the Setticmen•.
Agree::,ent executed 'ay ,th. Plainti.s i and the Defendant -owner of Parc
No, 7093• and t.ie Court having :examined the Petition a:.•1 sai•LL "
::att ement Xgreamc:nt and, It appe_ -:-ing to the Court from the S, t wlemant
1 Ayrot::;cnt that thc: Defene..: nt' c',r::: oil said pazcel has f.iod h.... 1•:rit^.rrt.
•i .':liver of trizA' ..i, jury ti..,, .e.,n4 to the immediate eni:i',1 of, "l::ul
Judgment as to lain: i terr_ :;. i:: z.,A com.3,4nsatior, for the aroperty
.i •� taken, exclusive of attt.rn;ay's +,. :, expenses and costs, it is
thereupon,
DI,D wW'.) AND AZ).: JDGLL' ;
1. accur..c:. r1e:.% '.ptioa• of the L-,rcpert; �ons,:_tut_i
Parcel No. 7093=3 is as follows:
Lot ,, �;
and ra: ,. i.�tl:.
1 or•• of L•,
1
A;•:::':?D
PLAT UI' FGli2
s7FsLLR;' :.P,it sa•.�ccbrtling •�
,�% :: �, a r
to :r
e:
_'lat the n,'',
.:o: c:.. i n �'4 5 w:3un?t , ;�;• '..� '''•,,
i
.� _.,�,�
V J ur •'.i't3 5,.,,_.0 i i:C01'�u 'O ,J�lti3E`""6untk
's •.'iar %if
,
Flor_:�a,
to., ;thor wi
all. ripariglhts
any,
.
• "'4'�L
CtOmU:+7^1:i..,
axclus'`.,afcC;dt,
cost: �t.^.d :pcnsc
.
to uo ,)rti.i
_i.4 Plaintiff �'gopuc. �t the
`cc e��-
ta;:i,.• of ;l:a
`ec,
simple ':itl, o.
.'4rcel No. 7093-II, in the s;..:t of
94- 751
Attachment D
Page 24 of 26 Pages
` SSLL No. 131840786
i
i
'together, with all the ten.„fonts, herodifaments mild appurtenances thereto belonging or in any
wise appertaining.
To 11aut and to Hold, ilia some in fee simple forel/ar,
End tlhe grantor hereby conuenants with said prantse that the grantor is lawfully seized of said land
in foe simple; flint ilia grantor has good right and lawful authortly to sell and convey sold land; that ilia
grailor hereby fully warrants the title to said land and will defend the some against file lawful claims of
all persons whomsom,or; and that said land is free bf all encumbrances, except taxes accruing subsequent
to December 31, 19 73.
In WheSS 1011ere0f, ilia said grantor has signed and sealed those prosonts Ilia day and your
first about written. �'
SiOjed'�:oodllood- dollvarrgb1tn pur presence:
..;... . ...... :'�.{ / .........
.::...t....::....:..............
EDITH "G. ADELBERG, a wido�
i7 ........... ............................................ . .......................................................... ...............�
s .
11I( %J �................. ............. ........................... I........ ...... .............................. ................ ....... ...................... W
...................... ........ ............................................ I..... ............. ...................................... ........ ...........................
.�
STATE OF FLORIDA
COUNTY OF DADE
I HEREBY CERTIFY that on. this day, before me, an
officer duly authorized in the .State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
EDITH G. ADELBERG, a widow
to me known to be the person desetthed in and who executed the foregoing instrument and she acknowledged
before me that she executed thematic. / "
WITNESS my hand and official atal in the County and State last aforesaid this a• t" ..';:E.497:of
February A. D; 19 74 % )�` • , l
kry Pu�ilic, State--, -.F9.W'�41da
�"i":":1"ln 1!1 l,••1•'i"1 ,•. 1•. 111 V,1 �1 r. • ,
.,r""• Yoy Commission Expires:`",,,, �1E'014•'
n ve ,,,, • ,ul , uu , NOTARY FOBILO STATE OF FtOR10h at LARGE
MY COMMISSION EXPIRES DECEMBER 30, 1977
BONDED OY AMERICAN BANKERS INSURANCE CO.
STEPHEN A. KRESS, ESQ. Attachment of D
77rt'rInanarew rrarred h �: SANDLER AND SANDLER, P.A. Page No of 31 Pages
1 } 943 Ingraham Building SSLL No. 131840786
Adtlrev Miami, Florida 33131
9.-- 751
Two 1'undre.i Twenty rive Thousand ,;225,0U0.00) Dollars.
3. :he Plaintiff, :ity of Miami, be and it is hereby
ordered to deposit the total sum of $225,000.00 into tha Registry
of the Court in the above cautioned cause, within twenty (20) days
from the date of this Final Judgment, otherwise this Judgment shall
be ar,0 become void ab initLo unless the time for said deposit shall
be extended by Order of this Court.
4. Upon deposit of the sum set forth in paragraph 3
hereof, the fee simple title to Marcel No. 7093-B shall vest
immediately -in the Plaintiff.
5. From the sum set forth in paragraph 2 hereof, the
Clerk of the Court shall deduct the following sums which represent
the 1975 ad valorem taxes for Dade County and fok the City of Miami,
prorated to December 10, 1975:
Dade County taxes $1,295.53
City of Miami taxes 879.54
$2,175.0'
6. The Court re:taiT.s jurisdiction of this cause Lo
apportion the a a.;d of cor.7pensatiun as to Parcel No. 701�-3-B among
the partic-, here]n and to assess and award attorney's fees, costs
and expenses. t
DONr;AND OPNDL•'RLD in Chambers at Miami, Dade County,
Flor.,da this day of, Decenb::r, 1975. .
I' Attachment D
Page 26 of 26 Pages
SSLL No. 131840786
JUDGE, CIRCU COURT
STATE OF FLORIDA)
COUNTY OF DAr)- )
This, Copy is a true Copy of tie Original on file
in this iico. WITN y hand a Official S al
This j A.D., 19�
TO V �
Ch," f.�" '.i ! •�• }iN:ux lr ^•u•:p• +l.!•u,t r.,
4. .1 1 ..1x1 DADt 1,.1.. i1D.il•"
C " t / •. � , R1CIthl:j:•D ..3Rf;, i:i,:,,
f ]] t;', ' •• t. �_a...: " ;" rt.r.gh 4: . tlr •JILT
��TTV.
�j•r
94- 75.1
CITY OF MIAMI, FLORIDA
INTER -OFFICE -MEMORANDUM
TO: The Honorable Mayor and Members DATE:
of the City Commission
SUBJECT
V
FROM : Cesar REFERENCES:
ja
City M r •"• ENCLOSURES:
RECOMMENDATION:
CA=37
OCT:.18--4994 FILE :
Lease Agreement with
Board of Trustees of the
Internal Improvement
Trust Fund of the
State of Florida
It is respectfully requested that the City Commission adopt*61e
attached Resolution authorizing the City Manager to execute.}a
lease agreement, in substantially the attached form, with the
Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida for use of 3,388 square feet, more or less, of
sovereign submerged land, as more particularly described in
Exhibit "A" attached hereto and made a part hereof, for the
construction and operation of a marginal dock to be used in
connection with Fort Dallas Park.
BACKGROUND:
The Office of Asset Management and Capital Improvements has
prepared the attached item for consideration by the Commission.
In a letter dated February 19, 1992, the City requested the above
lease for the purpose of providing waterside access to Fort
Dallas Park. At present there are no formal landings in the
immediate vicinity of the proposed dock which, if constructed,
would provide the first public landing from the mouth of the
river. It is anticipated that this will attract boaters from
Biscayne Bay into the inland waterway.
The construction of these docks will be donated to the City by by
Miama River Group (d/b/a Bijan's Restaurant). There will be no
fueling permitted nor livaboards.
The Board of Trustees approved the proposed lease on July 26,
1994. This lease will be for an initial term of five years and
may be extended at the sole option of the Trustees. The fee for
use of this submerged land has been waived since it serves the
public interests and because no fees are associated with use of
the park nor fees for use of the proposed dock.