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Home My WebLink AboutR-81-026211C=,1.4= 1U 1 LIP L IIV 1.C4.1hL' 11g 1 VvIllustL U,ILL7II .Jullu .:71 1 71 71 Liu L WV VII tije City of Miami and this Coral Reef Yacht Club for certain 4ascribed City property, ____.,_.....,..� �tFc—17Y COMMIC, 1 t `FETING , FiLOLUIK it i REtr•.A::t.S: Section 2, The ottpose of the aforesaid Amendment allow- in g the inclusion of additional submerged lands is so that the said Club can obtain necessary construction permits, Section 3. The herein authorization is conditioned upon the said Club executing a release and document which cancels and surrenders that portion of the area leased under the June 29, 1979 Agreement which portion is no longer included in said June 29, 1979 Agreement with the legal description of said relinquished portion being fully set forth in Exhi- . . . . . . . . . . . bit A attached hereto. ' PASSED AND ADOPTED this 9TH day of APRIL 198L is MAURICE A. FERRE Nit A Y 0 R ...... W .6 ATTESTt -1--ur di A tALPH t . ONGIE 6-/ C'VY CLERK PREPARED AND APPROVED BY. ROBERT F. CLERK ASSISTANT CITY ATTORNEY MtF --- APEP ED AS TO FORK ANrD—C.0 R R E C T N E SS: PP NA, G ORG,j F. KNOX, JR. K CITY ATTORN17Y v, if A J -,114 It is recommended that the City Comission approve the enclosed resolution amending the lease agreement between the City and Coral Reef Yacht Club so that proposed improvements can be relocated to preserve environ- mentally protected marine qrasses. The June 29,1979, lease agreement between the City and Coral Reef Yacht Club provided for the club to accomplish a planned expansion upon obtaining the necessary permits. These permits were denied due to the dredging needed in an area containing productive marine grasses. However, a survey of the area immediately north and contiguous to the existing facility shows that the water depth is sufficient to allow the proposed marina expansion without any dredging, which would make it possible for the club to obtain the needed permits. The attached amendment to the existing lease agreement would allow the expansion of the parcel currently under lease to include an additional 4379 square feet for a total of 133,846 square feet of land. The rental rate is raised proportionately from 56,516.70 to 56,923.39 per annum. CG:WHH:bf Enclosure: ii 9 February 1981 Mr. Richard Fosmoen City Manager City of Miami Pan American Drive Miami, Florida 33133 Re: Coral Reef Yacht Club Land Lease for Club'-s Marina Expansion - Job 1588.20 Mr. Fosmoen, in May 1979 the Coral Reef Yacht C ub petitioned the City to extend its current submerged land lease so that it could expand its marine facilities for club members use. A revised submerged land lea,: and annual lease fee was approved by the Commission on 22 May 1979 by Resolution No. 79-324. The increased fee was predicated on the Club being able to obtain the necessary Florida Department of Environmental Regulations and the U.S. Corps of Engineers construction permits. The permit process was initiated in July 1979. Unfortunately, the permit effort was not successful because of the need to dredge environmental protected marine grasses to accomplish the Club's proposed expansion. Ultimately, the construction permit was denied by the permitting agencies. Since their formal denial the Coral Reef Yacht Club has explored and exhausted all of its legal and administrative remedies save an appeal to the Florida Cabinet. From preliminary inquiries it has been suggested that this action would not be resolved in relief or -a reversal of the permitting agencies' denial. During the permitting process and the subsequent 120 Public Hearing, it was stated by the objecting environmentalists that they were in sympathy with the need for additional wet sliprioorings in the Dinner Key area and would support the Coral Reef Yacht Club's expansion effort if dredging could be eliminated from the proj- ect thereby saving from destruction productive marine grasses. Bathymetric surveys have shown that immediately north of the existing facility there is an area of sufficient water depth suitable for the proposed marina expan- sion that would not require dredging. I have discussed the possibility of trading our present designated area for this new location with Mr. Harrison, Director of Lease Management, Mr. A. Rodriguez, Assistant Director of Marinas, and Carl Kerns, Director of Parks and Recreation. They all concur that this property switch would be a viable solution to Coral Reef Yacht Club's permitting problem. Therefore, we respectfully request your assistance in obtaining a submerged lease for the property lying to the north and contiguous with the Coral Reef Club's existing lease for the Club's dock expansion program.-Forg land please find enclosed a sketch of the revised dock expansion a 1 Yacht your information, (Schedule A) describing both the proposed occupied water column arealadescription area. Previous discussions wind the dock th Phil Harrison have suggested that this submerged land swap can be accomplished by modifying the aforementioned lease document. g time is of the essence, this procedure would be a As instructed that we will have to go through the complete agency us. !ale have been again of which the land lease and the Cit 's a g Y Permitting process part of the permit application. y approval in concept are an integral Thank you in advance for your consideration in this matter. KAIN Alto i w r AMENDMENT TO LEAS€ AGREEMENT DATED 29 JUNE 1979 THIS AGREEMENT made and entered into this day of , 1991, by and between the CITY OF MIAMI, a Municipal corporation of the State of Florida, hereinafter referred to as the "Lessor," and CORAL REEF YACHT CLUB, a corporation not for profit under the Laws of Florida, hereinafter referred to as "Lessee", amending a lease agreement which was entered into on June 29, 1979, for the lease of baybottom lands for the construction, operatinq and maintenance of docking facilities and a maneuvering area for the berthing of vessels, by and between the same parties. WITNESSETH WHEREAS, the Coral Reef Yacht Club petitioned the City to extend its submerged land lease so that it could expand its marine facilities; and _ ..RWi REAS, a revised submerged land lease and annual lease fee was approved by the City Commission on May 22, 1979, by Resolution No. 79-324; and WHEREAS, the increased fee was predicated on the lessee being able to obtain the necessary Florida Department of Environmental Regulations and the U. S. Corps of Engineers Construction permits; and WHEREAS, the permit effort was not successful because of the need to dredge environmental protected marine grasses to accomplish the lessee's proposed marina expansion; and WHEREAS, during the permitting process and the subsequent Public Hearing, it was stated by the objecting environmentalist that they were in sympathy with the need for additional wet slip moorings in the Dinner Key area and would support the Coral Reef Yacht Club's expansion effort if dredging could be eliminated from the project thereby saving from destruction productive marine grasses; and WHEREAS, Bathymetric surveys have shown that immediately north of the existing facility there is an area of sufficient water depth suitable for the proposed marina expansion that would not require dredging; and WHEREAS, the parties desire to include additional submerged land lying to the north and contiguous with the Coral Reef Yacht Club's existing lease for the lessee's dock expansion program within the terms and conditions as set forth in the lease agreement, dated June 29, 1979; NI F_'�` i r NOW THEREFORE, in consideration of the premises and mutual covenants hereinafter contained to be observed and performed, and for other valuable consideration, paragraphs I., VII., and SCHEDULE A of tho lva ,e 'Ifareement which is dated June 29, 1979, shk►11 he deleted and new paragr.►phs I., VII., SCHEDULE Ai B, and C shall he substituted therefor. I. DESCRIPTION OF PREMISES: The Lessor hereby leases unto the Lessee for the purposes and under the conditions hereinafter set forth, the following described Bay Bottom Land located in Biscayne Bay, City ur Miami, Dade County, Florida, to wit: Accordinq to Schedule A, B, and C attached hereto and made a part hereof which encompasses an area of 183,846 square feet, of which 40,581 square feet are to be occupied by existing and proposed structures (said proposed new structures comprising 15,744 square feet), and 143,265 square feet are open water. VII.*j CONSIDERATION AND ADJUSTMENTS TO SAME: The annual rental payable by the Lessee shall be the sum of $6,923.39. In addition to such rental, the Lessee shall pay to the Lessor the total amount of any state sales tax applica- ble to such rental. Rent shall be due and payable before the effective date of the commencement of this Lease, and thereafter on each anniversary date thereof throughout the term of this Lease, provided fioweier until all permits have been obtained to construct the proposed new structures (i.e., 15,744 square feet) the annual rental shall be $5,663.87, and upon all permits being obtained to install the proposed new structures the rental shall increase at the rate of $1,259.52 per year pro -rated from the time such consents are obtained. This rent will be adjusted every five (5) years and shall be the g%-eater of the fo 1 l ow i nil : 1. One hundred and twenty (120:0) percent of the rent provided for the period of thi-, Lease, as to the first adjustment; and one hundred and twenty (12010) percent of existinq rent on any periods thereafter; or 2. 11W rMntal shall be paid in a dollar amount equivalent to the present purcha;inq power of* $6,923.39. This equivalent amount will be determined by r)ivi(Jinq the hake rontal of $6,923.39 by the index number of wholesale coninodity pricer. for the 1,rA date for which computation has been made in 1979 by the Nireau ► f Labor 'statistics of the United States Department of Labor for the month ;preceding the month in which the Lease becomes effective and then multiplying that amount by the index number for the month piecedind the mnth in whits the adjustment is to take place. As additional consideration Lessee shall con,,ey to Lessor the westerly 18' of its property adjoining South Bayshore Drive as right-of-way for a future bicycle path along South llayshore Drive. Said curIvE!yance shall be a customary "right -of -way -deed", shall reserve the use thereof unto Lessee until the same is required by Lessor for said uses and any relocation of improvements and shrubbery presently located on said property Shall be at the expense of Lessor. THE LEASE AGREEMENT entered into on the 29th day of June 1979, shall remain in full force and effect and shall not be deemed to be repealed, amended, or modified in any manner whatsoever except as hereinabove specifically provided. IN WITNESS WHEREOF, the parties hereto have individually and through their proper corporate officials executed this Lease Amendment the day and year first above written. .-r.>L ...• -. �. ... DESCRIPTION OF PREMISES The Lessor hereby leases unto the Lessee for the purposes and under the conditions hereinafter set forth, the following described bay bottom land located in Biscayne Bay, City of Miami, Dade County, Florida, to wit: SCHEDULE A Two abutting parcels of submerged land in Biscayne Bay, lying in Section 22, Town- ship 54 South, Range 41 East, Miami, Dade County, Florida, described as follows: Begin at the intersection of the southeasterly extension of the northeasterly line of Lot 16, Block 43 of Sf,,1UEL RHODES AMENDED MAP OF NEW BISCAYNE, and the Dade County Bulkhead Line, (U.S. Harbor and Pierhead Line), as recorded in Plat Book 'B" at Page 116 and in Plat Book 74, at Page 3-5, respectively of the Public Records of Dade County, Florida, thence run southeasterly along said northeasterly line for a distance of 485 feet; thence deflecting to the right 90" run southwesterly a distance of 253.6 feet more or less to a point of intersection with the southeasterly extension of a line that is 50.0 feet southwesterly of and parallel with the southwesterly line of said Lot 16; thence deflecting to the right 90' run northwesterly along the southeasterly extension of the line that is 50.0 feet southwesterly of and parallel with the southwesterly line of said Lot 16 for a distance of 502 feet more or less to a point on the Dade County Bulkhead Line, (U.S. Harbor and Pierhead Line); thence deflecting to the right 90' 25' 29" run northeasterly along said Dade County Bulkhead Line (U.S. Harbor and Pierhead Line) a distance of 163.4 feet more or less to a point, which point is an angle point in the said Dade County Bulkhead Line (U.S. Harbor and Pierhead Line) , thence deflecting to the right 10' 48' 01" continuing along said Dade County Bulkhead Line (U.S. Harbor and and Pierhead Line), a distance of 91.7 feet more or less to the point of beginning; said parcel containing 2.92 acres (127,256 square feet) more or 1 e; s , and: Commence at the ;point of beginning of the previously described parcel run southeasterly along the northeasterly line of said Lot 16 f-or 210 feet more or less to the intersection of said northeasterly line with the extension of the northwesterly line of the sixth fingerpier from the shore of the docks occupied by the Coral Reef Yacht Club, which is the point of beginning of the parcel herein described, thence run northwesterly along said northeasterly line for 36 feet, thence deflecting to the right 90' run southeasterly 298 feet, thence aeflecting to the right 90' run 190 feet to said northeasterly line of Lot 16; thence deflecting 00` to the right run northwesterly along said line for 212 feet to the point of beginning; said parcel containing 1.29 acres (56,620 square feet) more or less. / -*s /oc> -f 2EE'/F' Y. C. SCHEDULE B EX/J'r l A✓G D or. k. ;�iJ�� P.T� ic w >� EXISTING y ; MARINA f' \ j"000l � / A� J bP � -,X"' vx:, q -1 �-"I. � 0 feet I00 Z200 300 PROPOSED MARINA - ADDITIONS CORAL REEF YACHT CLUB GREENLEAF / TELESCA .2484 SOUTH BAYSHORE DR. PLANNERS ENGINEERS ARCHITECTS INC. 'MIAMI , FLORIDA