HomeMy WebLinkAboutexhibit1This Instrument Prepared By:
etl
Recurring Revenue Section
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125 .
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS RENEWAL
No. 1318407114
PA No. :
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, hereinafter rotated to as the Lessor.
WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafer provided and the
faithfbl and timely performance of and compliance with an terms and conditions stated herein, the Lessor does hereby
tease to City of Miami. Florida , hereinafter termed to as the Lessee, the sovereign lands described
as follows:
A parcel of sovereign submerged lend in Section 32,
Township 14.114, Rsinge USA!, in Miami Rives,
Miami -Dade County, containing 31$ square feet, more
or less, as is mom particularly described and shown on
Attacluncnt A, dated Memllii224.
TO HAVE THE USE OF the hereinabove described premise from lulu 26.2004, the effective date of this
modified lease, through July 26.2009, the expiration date of this modified lease. The terms and conditions on and for which lido
lease is granted are as follows:
I. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 4.5-slips and marginal dock
exclusively to be used for temporary moor n 9f recreational and emergency vessels' used in conjunction with an upland =bag
ads, 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 liveaboarda as
defined in paragraph 24, as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions
of this Lease.
2. AGREEMENT TO EXTENT OF USE: This lease is given 10 the Lessee to use or occupy the leased premises only
for those activities specified herein. The Lessee shall not change or add to the approved use of the leased premises as defined
herein (e.g., from commercial to multi -family residential, from temporary mooring to rental of welslips, from rental of wetslipa
to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or
temporary mooring of charter/tour boats, from loading/offloading commercial to rental of welilips, etc.), shall not change
activities in any manner that may have an environmental impact that was not considered in the original authorization, or shall
not change the type of use of the riparian uplands without first obtaining a regulatory permit/modified permit, if applicable,
and the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, If
applicable, the removal of any structures which may no longer qualify for authorization under the modified lease.
(291
,Z.S A#4/oars/
3. PROPERTY RIO}ffS: The Lessee shall make no claim of Lida or interest to said !ands bereinbsfore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described it vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ownership. The Lessee is thither prohibited from making any claim, including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re -sold.
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
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 shell 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 hall 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.
5. ASSIGNMENT OF LEASE: Thin lease shall not be assigned or otherwise transferred without prior writtca
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be *object to the terms, conditions
and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any asslgrunent or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect,
6. JNDEMNIFICATIO.ijINVESTIGATION 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 attribu ble to the negligent acts or
°missions of thst party and the officen, employees and agents thereof. Nothing herein shall be con trued es 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/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and Raigne, to abide by the
provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, iu
succeuors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions heroin, 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 coats 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 bo sufficient if sent by U.S. Mail to the following addreu:
Department of Economic Development
444 SW 2's Ave., 3`d Floor
Miami, FL 33130
The Lessee shall notify the Lessor by certified mall of any change to this address at least tan (10) days before the change is
effective.
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 arc now or may be hereafter !awfully 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.
Page ...- or Pages
Sovereignty Submerged Lands Lease No. 131840784
11. MAINTENANCE OF FACILITY /RIGHT TO INSPECT: The Levee shall maintain the leaned immune 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. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall
post and maintain the placard furnished to the Lexica 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.
13. ENFORCEMENT OF PROVISIONS. No failure, or successive failures, on the part 011ie Lessor to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein, shall operste as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
14. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
1 S. REN$WAL PROVISIONS: Renewal of this lease shall be at the sale 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 drat time. In the event that Lessee is in full compliance with the terms of this tease, the Lessee may apply in writing for a
renewal. Such application for renewal must be received by Lessor no sooner than 120 days and nollater than 30 days prior to
the expiration date of the original or current term hereof. The tens of any renewal granted by the Lessor shell commence on
the last day of the previous lease term. !Me 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 1_, which shall run with
the title to said riparian upland property, and shall be binding upon Lessee sod Lessee's successors in title or successors in
interest.
16. REMOVAL OF STRUCTU]tES(pPMINtSTRATIVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises eller expiration or cancellation of this lease, such structures and
equipment will be deemed forfeited to the Lessor, and the Lessor may authorise 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
11 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to ell other
remedies available to the Lessor under applicable Iawa, rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
17. REMOVAL COSTS/LIEN QHgtreR1AN UPLAND PROPERTY: Any costs incurred by the Lessor in
removal of any structures and equipment constructed or maintained on stale lands shall be paid by Lessee and any unpaid costs
and expenses shall constitute a lien upon the interest of the Lessee in its uplands enforceable in summary proceedings u
provided by law.
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Sovereignty Submerged Lands Lease No. j 31 S4071fi
! 8. BECORDATION OF LEASe: The Lena; at its own expense, than record this fuHy executed lease is 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 Q.R. Book and pages at which the lease is recorded.
19, RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immc hate termination of this
lease agreement at the option of the Lessor. }
20. /AMENDMENTS/MODIFIC,ATIONS: This lease is the entire and only agreement between the parties. In
provisions are not severable. Any amendment or modification to this lease moat 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 lime of
the execution of the modification or amendment. Notwithstanding the provision' of this paragraph, if mooring is authorized
by this lease, the Lessee may install boatlifla within the leased premises without formal modification of the lease provided that
(a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not
increase the mooring capacity of the facility.
21. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL
ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leaned 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. Unleu specifically authorized in writing by the
Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 233, Florida Statutes, and shall
subject the Lessee to administrative fines under Chapter IS- 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. ACQE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) pernsit if it is required by the ACQE. Any modifications to the
construction and/or activities authorized herein that may be required by the ACOE shalt 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. COMPLIANCE WITH FLORIDA _LAWS: On or in conjunction with the use of the leased premises, the Lessen
shall at all time, comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the (cased premises shall be grounds for the termination
of this lease by the Lessor.
24 L)VEABOARDS: The term "liveabosrd" is defined as a vessel docked at the facility and inhabited by a person
or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are
authorized by paragraph one (1) of this tease, in no event 'hall such "liveaboard" status exceed six (6) months within any
twelve (12) month period, nor shall any such vessel constitute a legal or primary residence.
25. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or
assignments thereof. Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise dupe, or
vessels that art used principally for the purpose of gambling, when these, vessels are engaged in "cruises to nowhere," where
the ships leave and return 10 the state of Florida without an intervening stop within another state oil foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry pauengers to and from such
gambling cruise ships.
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Sovereignty Submerged Lands Lease No. 131840786
•
WITNESSES: BOARD OF TRUSTEiS OF THE
INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA
Original Signature
Print Type Name of Witness
Original Signature
Print Type Name of Witness
(Seal)
By:
Dale Adams. Operations and Management Consultant
Manager, 8tueau of Public Lad Admioiatnticm.
Division of State Lands, Department of Environmental
Protection, as agent for and on behalf of the Board of
Trustees of the Internal Improvement Trust Fund of
the State of Florida
STATE OF FLORIDA " LESSOR"
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of , 20 , by
Dale Adams. Creations and Map*gentept CQn*ylla>Vidanager.Jureau of Public Land Administration. Division of State Land*,
Departmenkof Environmental Protection. as agent for and on behalf of the Board of Trustees of the Internal improvement Trust
Fund of the State of Florida. He is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
DEP Attorney
WITNESSES:
Notary Public, State of Florida
Printed/Typed or Stamped Name
My Commission Expires:
Commission/Serial No:
City of Miami —Florida_ fSEAL1
BY:
Original Signature Original Signature of Executing Authority
Joe Ardola
Priscilla A. Thompson, City Clerk Printed/Typed Name of Executing Authority
City Manager
Original Signature Title of Executing Authority
Jorge L. Fernandez, City Attorney
STATE OF
COUNTY OF
"LESSEE"
The foregoing instrument was acknowledged before me this - day of , 20_, by
los.glitala as CityJV[anaget , for and on behalf of the City of Miami. Florida. He is personally known to me or who has produced
, as identification..
My Commission Expires:
Commission/Serial No.
Page: of 'L.3a+ages
Sovereignty Submerged Land Lease No 131840724
Notary Public, State of
Printed/Typed or Stamped Name