HomeMy WebLinkAboutExhibitThis Instrument Prepared By:
Celeda Wallace
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 LEASE RENEWAL
BOT FILE NO, 130034016
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, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Section 22,
Township 54 South, Range 41 East, in Biscayne Bay,
Miami -Dade County, containing 21,344 square feet,
more or less, as is more particularly described and shown
as Parcel C2 on Attachment A, dated July 27, 2004.
TO HAVE THE USE OF the hereinabove described premises from July 1, 2014, the effective date of this lease
renewal, through July 1, 2024, the expiration date of this lease renewal. The terms and conditions on and for which this
lease renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate an existing 34-slip commercial docking facility
to be used exclusively for mooring of commercial and recreational vessels in conjunction with an upland commercial marina and
restaurant, with fueling facilities, with a sewage punipout facility if it meets the regulatory requirements of the State of Florida
Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and
with liveaboards as defined in paragraph 26 as shown and conditioned in Attachment A. All of the foregoing subject to the
remaining conditions of this lease renewal,
[01-01]
2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of $2,487.18 plus sales tax
pursuant to Section 212.031, Florida Statutes, if applicable, within thirty (30) days of the date of receipt of the invoice. The annual
fee for the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18-21.011, Florida Administrative Code.
The State of Florida Department of Environmental Protection, Division of State Lands (the "Division") will notify the Lessee in
writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease
fees due hereunder shall be remitted to the Division as agent for the Lessor.
3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon
request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two
(2) above, including the income, as defined in subsection 18-21.003(31), Florida Administrative Code, derived directly or
indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6%) of said annual income
exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011, Florida Administrative Code, for any
lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the
amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip
at the docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet
slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement used to
transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from said
instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said
amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that
clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially
similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to
transfer said wet slip to each new wet slip renter/user/holder, (C) The Lessee shall submit to the Lessor each .instrument or
agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party annually at
the same time the Lessee submits the required Annual Wet Slip Revenue Report to the Lessor.
4. LATE FEB ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due
under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve
percent (12%) per annum, calculated on a daily basis for every day the payment is late,
S. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease renewal, the Lessor is hereby specifically
authorized and empowered to examine, for the terra of this lease renewal including any extensions thereto plus three (3) additional
years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of
annual lease payments as specified in paragraph two (2) above.
6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for:
(i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of
the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the entire term of this lease renewal plus three (3) additional years. This
period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein, The Lessee shall not (i) 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 wet slips, from rental of
wet slips 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 wet slips, etc.); (ii) change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian
upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified
permit, if applicable, 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.
8. 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,
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 further prohibited from making any claim, including any advertisement, that said land,
or the use thereof, may be purchased, sold, or re -sold,
9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the teen of this lease renewal, the Lessee shall maintain
satisfactory evidence of sufficient upland interest as required by paragraph 18-21,004(3)(b), Florida Administrative Code, in the
riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with
the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on
the effective date of this lease, this lease may be terminated at the option of the Lessor, If the Lessor terminates this lease, the
Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the
Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest
in the riparian upland property and 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,
10. ASSIGNMENT OF LEASE RENEWAL: This lease renewal shall not be assigned or otherwise transferred by
either party without prior written consent of either party's duly authorized agent, Such assignment or other transfer shall be
subject to the terms, conditions and provisions of this lease renewal, current management standards and applicable laws, rules
and regulations in effect at that time, Any assignment or other transfer without prior written consent of the respective party
shall be null and void and without legal effect. The Lessor hereby, consents to a sublease of the leased premises by and between
the Lessee, as sublessor, and Bayshore Landing, LLC or their respective leasehold mortgagees, as sublessee. The Lessee
agrees that it will not grant a sublease to any party other than Bayshore Landing, LLC or their leasehold mortgagee without the
prior written consent of the Lessor and the Lessor agrees that it will not unreasonably withhold consent. The Lessee hereby
acknowledges that the sublease is and shall be at all times subordinate to this lease. The Lessee shall ensure that the sublessee
uses the leased premises only for the express purposes stated in paragraph 1 of this lease, and performs and observes the
covenants, conditions, and terms of this lease on the part of the Lessee to be performed and observed.
11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature arising out of this lease 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,
12, NOTICES/COMPLIANCE/TERMINATION: 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, its
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 set forth, and the Lessee fails or refuses to
comply with any of said provisions or conditions within twenty (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 the Lessee, If canceled, all of the above -described
parcel of land shall revert to the Lessor. 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
Department of Real Estate and Asset Management
444 SW 2°d Avenue, 3rd Floor
Miami, Florida 33130
Copy to: City of Miami
City Attorney
444 SW 2nd Avenue, 9a' 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
effective,
13. 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 renewal,
14. 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,
15. MAINTENANCE OF FACILITY /RIGHT 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.
16. NON-DISCRIMINATION:. The Lessee shall not discriminate against any individual because of that individual's
race, color, religion, sex, national origin, age, disability, or marital status with respect to any activity occurring within the area
subject to this lease renewal or upon lands adjacent to and used as an adjunct of the leased area.
17, ENFORCEMENT OF PROVISIONS: 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 upon any renewal thereof or in the event of subsequent
breach or breaches,
18, PERMISSION GRANTED: Upon expiration or cancellation of this lease renewal all permission granted hereunder
shall cease and terminate,
19. RENEWAL PROVISIONS: 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 the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The
term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. 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 renewal shall
constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in
Attachment B, which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the
Lessee and the Lessee's successors in title or successors in interest.
20. REMOVAL OF STRUCTURES/ADMINISTRATIVE 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 renewal, 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 12 or at such address on record as provided to the Lessor by the Lessee. However, such 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.
21. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 20 of this lease, 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 a lien upon the Lessee's
interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in
the riparian upland property shall be enforceable in summary proceedings as provided by law.
22. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is
determined by a fmal 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 sixty (60) days from the date of the adjudication. Failure to comply with this paragraph shall
constitute a material breach of this lease renewal agreement and shall be grounds for immediate termination of this lease renewal
agreement at the option of the Lessor,
23, AMENDMENTS/MODIFICATIONS: This lease renewal is the entire and .only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease renewal 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, 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 increase
the mooring capacity of the docking facility.
The Lessee's City Manager shall be authorized to execute future lease renewals, amendments and modifications without
further City of Miami Conunission ("City Commission") approvals, provided the lessee has not rescinded the City Manager's
authority and the lease renewal, amendment and modification does not contain material amendments or modifications to the
terms and conditions of this lease renewal.
24, 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 leased premises, No restaurant or dining activities are to occur within the leased
premises. 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.
25. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee
shall at all times 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 leased premises shall be grounds for the termination
of this lease by the Lessor.
26. LIVEABOARDS: The term "liveaboard" 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 lease, in no event shall such "liveaboard" status exceed six (6) months within any
twelve (12) month period, nor shall any such vessel constitute a legal or primary residence,
27. 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 ships, or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such
gambling cruise ships.
28, SPECIAL LEASE CONDITION: A minimum of ninety percent (90%) of the wet slips at the docking facility shall
be made available for rent to the 'general public on a "first come, first served" basis, as defined in subsection 18-21,003(27),
Florida Administrative Code, with no longer than one-year rental terms and with no automatic renewal rights or
conditions. To help ensure compliance with and to assist in providing public awareness of this requirement, the Lessee shall
erect permanent signs at the waterward entrance to the docking facility and at the upland entrance to the docking facility which
are clearly visible to passing boaters and the general public. The signs shall contain language clearly indicating that a
minimum of ninety percent (90%) of the wet slips at the docking facility are available for rent to the general public. Any
dockage rate sheet publications and dockage advertising for the docking facility shall clearly state that a minimum of ninety
percent (90%) of the wet slips at the docking facility are open to the general public on a "first come, first served" basis.
WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature (SEAL)
BY:
Print/Type Name of Witness
Original Signature
Print/Type Name of Witness
STATE OF FLORIDA
COUNTY OF LEON
Cheryl C. McCall, Chief, Bureau of Public Land Administration,
Division of State Lands, State of Florida 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
"LESSOR"
The foregoing instrument was acknowledged before me this day of , 20 , by
Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida 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. She is personally known to me,
APPROVED SUBJECT TO PROPER EXECUTION:
DEP Attorney Date
WITNESSES:
Notary Public, State of Florida
Printed, Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
City of Miami, Florida (SEAL)
BY:
Original Signature Original Signature of Executing Authority
Todd B. Hannon, City Clerk Daniel J. Alfonso
Typed/Printed Name of Witness Typed/Printed Name of Executing Authority
City Manager
Original Signature Title of Executing Authority
Victoria Mendez, City Attorney
Typed/Printed Name of Witness "LESSEE"
STATE OF
COUNTY OF •
The foregoing instrument was acknowledged before me this day of , 20 , by
Daniel J. Alfonso as City Manager, for and on behalf of City of Miami, Florida, He is personally
known to me or who has produced , as identification.
My Commission Expires:
Signature of Notary Public
Notary Public, State of
Commission/Serial No. Printed, Typed or Stamped Name
Attachment A
Page 8 of 15 Pages
Sovereignty Submerged Lands Lease No, 130034016
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PARr:Ft A2
A parcel of submerged land In Biscayne Bay being in Section 22, Township 54 South. flange 41 last,'MAMI-DADE County, Forida, being more parficulady described as
follows: Commence attire Northerly came- of Lot 20, Block 43, "RHODES AMENDED PLAT OF NEW BISCAYNE', according to the Plat thereof as recorded in Plat Bock
B, at Page 16, of the Public Records of MIAMI-DADE County, Florida; thence South 40`23'42 East along the Northerly line of said Lot 20 and its Southeasterly prolongation
thereof for69146 feet, more or less, to a point of intersection with the -lade County bulkhead fine (U.S_ Harbor Line) as t eun ded in Plat Bock 74, Page 3 (Sheet5), of the
Public Records of WANE-DADE County, Florida; thence continue South 40'23'42' East along the said Southeasterly prolongation of the Northeasterly line of Lot20 for27OE0
feet thence South 49°3329' West for41.09 feet, more or less to the Point of Beginning of the herein described submerged parcel of land; thence South 39'2Si5" East,
90.15 feet thence South 50'3445' West, 9200 feet thence North 39'25'15" West. 88_51 feet; thence North 49"33'28" Faa 92015 feet to the Point of Beginning_ Containing
0.19t Acres.
PARCELi32
A parcel of submerged and in Biscayne Say being in Section 22, Township 54 South, Range 41 East, MLAMWADE County, Florida, more par8cutarty described as folows:
r.ommendng at the intersection of -the Southeasterly extension of the Sorrutwestedy line of Lot24, Black 43, of the Plat of "NEW BISCAYNE AMENDED', as shown in Plat
rok "B", at Page 16, of Lie Public Records of WAIVE-DADE County, Florida, with the Dade County bulkhead line as shown in Plat Book 74, at Page 3 (Sheet5), of the
Public Records of MIAMI-DADE Comity. Florida; thence run S 21 41'51' W along said bulkhead line fora distance of44.86 feet to the Point of Beginning of the herein
descrt"6ed parcel of submerged land; thence S 40'23'32" E, 225.00 feet thence N 49'361a" E, 9214 feet; thence S 40"23'32" E, 63.39 feet thence S 49'3618" W,12025
feet; thence N 40'23'32" W, 273.50feet to a point on the aforesaid MIAM1-DADE County bulkhead fine; Thence N 21`4151 E on said bulkhead line, 31.81 feet to the Point of
Beginning. Containing 0.315±Acras.
PARCEL C2
A parcel of submerged land In Biscayne Bay in Section 22, Township 54 South. Range 41 East, MIAMI-DADE County, Florida, lying Southeasterly of Lot 24, Block 43, of
"SAMUEL RHODES PLAT OF NEW BISCAYNE; as recorded in Plat Book' 3 , Page 16, of the Public Records of MIAMI-DADE County, Florida, being more particularly
described as follows.
Begin at the Southwesterly comer of said Lot24, said comer being in the mean high water fine of Biscayne Bay, thence S 40'23'32' E along the Southeasterly extension of
the Southwesterly line of said Lot24, for 538.57 feet to a point in the BtIAMI-DARE County bulkhead line established for this area as shown an map in Plat Book 74. Page 3
(Sheet 5), of the Public Records of MIAMI-DADE Count, Florida; thence S 21 4151' W along said bulkhead line, 6775feeifo a point on the Southeasterly tine extension of
the Southwesterly Right -of -Way line of Avia8on Avenue; thence N 40°23'32' W, along said Southeasterly extension tine of said SauthwestedyRight-of-Way line: 88,93 feet;
thence N 49'3618" E. 25.98 feet thence N 40'23'32" W, 46024 feet thence S 57'25'54" W, 2623 feet to a point on the aforementioned Southeasterly extension of the
Southwesterly Right -of -Way Gne of Maarten Avenue; thence N 40"2332" Won the aforementioned extension of the aforesaid Right -of -Way line, 2524 feet to the face of an
"sing concrete bulkhead; thence N 57'28'54' E along the face of an existing concrete bulkhead fora distance of 60.57 feet to the Point of Beginning. Containing 0.49± Acres
SHE1_ 12 OF 3
SURVEYOR'S SEAL.
Unless Ilhearsthe sign5uraarid the
original raised seat ofa Florida licensed
surveyerand mapper, this maphepat is
. forintonr mSortai purposes ❑oly and isnot
vr+re
REVISED:
BOUNDARY SURVEY
1 HERS3ra.ttchter:Thaltheaaa»edsurveywas made
under my rssp muible dt args and stbs`anrralhf meets the
minimum tstl.Ncerstandards aseat fora byihe FLORIQA
6oAgn OF LAND SURVEYORS In Chapter61G175,F1otida
edminisaanveCode, purauara Secaani72.027. Hotta
Statutes_ There ars noencnadunentc. cvedape aecc+nus
appearing rune Vatcrvlalble oases -rests omerararr 8a
shown,
NELSO. ibJ�
Registered Surveyor & Mapper Nu.5504
State of Florida
MOJARENA & ASSOCIATES. iNC-
(" Land Surveyors 8 Mappers
I Certificate ofAufhorizatian No. 6698
12925 5 W_ 132ndAvenue
Miami, Florida 33186 (305} 278-2494
BASE 16.
DATE (SCALE: DWN. BY JOB NO.
05-12-04 ! Not to Scale..., B.D. 03-0046
FLOOD ZONE VE
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PARCEL 2
.A parcel of submerged land being more particularly described as follows_ (Commence at the Northerly comer of Lot 20, Brock 43, of 'SAMUEL RHODES PLAT OF NEW BISCAYNE", according to the
Plat thereof recorded in Plat Book "8" at Page 16, of the Public Records of MIAMI-DADE County, Florida; thence South 40'23'42' East along the Northerly line of said Lot 20 and its Southeasterly
prolongation thereof for 691.46 feet, more or less. to a point of intersection with the Dade County bulkhead Pure (U.S. Harbor Line) as recorded in Plat Book74, Page 3 (Sheet 5), of the Public Records
of MIAMI-DADE County, Florida, said point being the point of beginning of the following described parcel of submerged land; thence continue South 40'23 42" East along the said Southeasterly
prolongation of the Northeasterly line of Lot 20 for 270_0 feet; thence South 43'3329" West for 166.94 feet, more or less to the point of intersection with the Southeasterly prolongation of the
Southwesterly line of the Northeasterly A of said Lot 23, Block 43; thence Weir 4042342" West along the Southeasterly prolongation of the Southwesterly line of the Northeasterly Y. of said Lot 23 for
183.76 feet, more or less, to a point of intersection with the said Dade County bulkhead line thence North 21'41'51" East along said Dade County bulkhead line (U.S_ Harbor Line) for 184.53 feet,
more or rocs thence North 473320" East along said Dade County bulkhead Fine for 3_37 feet, more or less, to the Point of Beginning_
Less and Except the following parcel of submerged lands
A pang of submerged land adjacent to Section 22, Township 54 South, Range 41 East, Miami -Dade County, Florida being more particularly described as follows_ Commence at the Northerly corner of
Lot 20, Block 43, of SAMUEL RHODES PLAT OF NEW BISCAYNE, according to the Plat thereof, recorded in Prat Book "B' at Page 16 of the Public Records of Miami -Dade County, Florida; thence
South 40°23'42 East along the Northerly line of said Lot 20 and its Southeasterly prolongation thereof for 69146 feet more or less, to the point of intersection with the Dade County Bulkhead Line
(U.S. Harbor Line) as recorded in Plat Book 74. Page 3 (Sheet 5) of the Public Records of Miami -Dade County, Florida, thence continue South 40 2342 East along said Southeasterly prolongation of
the Northeasterly fine of said Lot 20 for 127.00 feet more or less to the point of Intersection with a line, being the Northerly prolongation of the Southeast face of an 8 foot wide concrete dock thence
South E0 42'00" West for t10 feet, more or less, to the Northeast comer of said dock and the Pointof Beginning for the following described parcel of submerged land; thence South 50'42'00". West
along said Southeast face of the dock for 8.00 feet, more or less, to the South -comer of the dock thence North 40'2342" West along the Southwestf ce of said dock, for 124.11 feet, more or less, to
the point of intersection with said Dade County Bulkhead L'lne (U.S. Harbor Line); thence North 21 41'51" East along said Dade County Bulkhead Line (U.S. Harbor Line) for5.80 feet thence North
49'3329" East along said Dade County Bulkhead Line (U.S. Harbor Line) for 2.87 feet, more or less, to the Northeast face of said dock, thence South 40'2342" East, along said Northeast face of the
dock, for 126.98 feet, more or less, to the Point of Beginning.
Said described parcel contains 1008.0 square feet more or less_
CERTIFIED TO: Thirteen Times Two, LLC; Garda & Batoyra; Attorneys' Title Insurance Fund, Inc.
PREPARED FOR: Thirteen Times Two, LLC,2550 S. Bayshore Drive. Miami, FL 33133
SHEETS OF 3
SURVEYOR'S SEAL
Untess thews dmsigtatam and the
origami 14,u11 seal Ma Florida licensed
surveyor and Trapper, this map/rep:ntis
forfnfomaa5onai purposesanry and Is eat
valid.
BOUNDARYSURVEY
;HERESY ...tirt IFY:Thethe attached sentereasmade Ilj
en6ermym3ponagechar14earrd ad CanUairyrn etstem.
minimum tedmicsFamMa,ds asset lath bfthe FLORIDA
BOARD OFLAND SURVEYORS In Chapter61Gi7-6, F7adda iy
Adminrsaarnn Code. lessee la Sectors 472127, Florida i
S�n,res Theremen"enava Sme,e. overlaps, easemerds
appeadag psi orvi,thr ,mencsotrertha,as
NELSON M
Registered Sue yer& Mapper No. 5504
State at Florida
t3JARENA & ASSOCIATES, INC_
Land Surveyors & Mappers
ti c Gertlaacate ofALthoiicd4on No. 6898
ipo75 S.W. 132nd Avenue
1SAiamF, Florida 32106 (305) 278 2494
FLOOD ZONE: VE BASS 16
DATE:. CALF OWN. BY {JOB NO_
05-12-04 Not to Scale I S.D.
03-0046
IN'THE CXRCUIT COURT OF Tiro $X "/1 if
auniCIAi CIRCUIT, IN AND FOR DADS
COUNTY, PT,MRIDA C1UZS. P,CTION
WIN oat, JURISDICTION DXVISXON
CASK NO. 77-15942
CITY O1 hiIANI, FLORIDA, a
Florida municipal
Corporation,
Plaintiff,
Ye.
D. H. MaLEY, 'i'RUST2E fO:
O. $. Man, IX, under
Testamentary Trust cstabl,iehs+d
in the Last will turd Testament
of'NARY R. MILDY, Deceased.,
Defendant.
MAY 2,5 ,fig»
RICHARD p. DRINKER'
toot
CONSENT FI2 AL JUDtiVSBNT
T'IUS CAUSE came before the court upon' the Petition filed
in thin cause, the Answers of they Defendants, and the Settlement
stipulation between the partiti filed in this cause; and the
court being fully Advise3 in the premises, it is
CONSIOEREO ORDCXeD and ACJUVCSD that the taking of Parcel 10
as sought in this canna is for public use and purposes and the
property sought to be taken it reasonably necessary for such
public use and purpesea, and it J. further
=SIDERBd ORDERED and AD,7UDGE0 that the parties have duly
and regularly entered into a Settlement Stipulation waiving the
'right of trial, by jury on the issues of valuation and agreeing
tb the manner and deeeete Of fu1A compensation which the court
finds is reasonable and proper and within the contention of the
parties; and.it is further
COt4sZDERSD ORDERED axed ADJUDGED that full compensation
for the taking ok Peroa>, I shall ba and is the sum of ONE
NXLLION TWO RQNDRBD THIRTY -MU mliovs N0 FIVE HUNDRED and
no/100tha {$1,233,500,00) DOr,LANS as and for the fair market
value of the fee ownership of said real estate; end the cum of
SIXTY TU0USAND and rao/100ths ($60,000.00) DOr.I.AR9 ee and J'or
9ST2 Sit ' S0£ JGl
51 9692 'P6
I6c2£0bS'Irt. S2wIdd0 M'r]ij10 4 OZIG3 £pat S3-Hrf
Attachment 13
Page12of15Pages
Sovereignty Submerged Lands Leasc.No, 130034016
the services of %701,1 C. MAIITXN, Bag. and payment of said
sums nhell be MAde .tn the following manner to Cho following
pe sons :
PayMront to 0, A, Ann, Trustee.""
within tom (10) days of the date
of judgment, the amm or $100,000,00
Payment to aoau C. KRUMXw, attOrnay
within ten (10) days of the 'date
or judgment, the sum oP 30,000,00
Payment" to 0. B. t4XLEY, Trustee
on or'bcfore ono (1) yoar after
date Of judgment, the Bum of 100,000.00
Psymont to JOHN C. MARTZtd, attorney
on or before ono (1) ,year after
date of jl7dOmeht, tho sum of 30,000.00
Pmyn of to 0. B. ) Xr,EL Trustee
on or b00ore two (2) years after
date of judgment, the 0um of 152,000.00
Payment to 0, B. l0XLBY, 0ruetoe
on or before throe (3) years artist
dato of judgment, the sum or 145,000.00
Payment to 0. D. M1tEY, Trustee
on or before, lour (4) yearn after
date of judgment, the sum of 139.000.00
Peymeht t0 0. B. Hl'LBY, Trustee
on or before five (5) years after
data of judgment, the etva or 131,000.00
Payment to 0. B. MILKY, Trustee
on or before six (6) years after
data or judgment, thm sum of 125,000.00
Payment to 0. 8, MTLTY, Trustee
on or before seven (7) years a£tar
date of judgment,, the Bum of 117,000.00
Payment to 0. 0. MILEY, Trustee
on or before eight (0) years after
date of judgment, the stun of 112,500,00
Payment of 0. B. MILGY, Truster
on or before nine (9) years after
date or judgment, the our of 52,000.00
and it la fuxthor
COtiSXDE8170 OROEREO and hrOvoCE0 that payment of full
oOmponsetion for the ownership interest of the Defendant,
PAYSFtO1E PtlOPLRTIES, 'INC. shall be the granting of that certain
800•hC30'95T2 9Tb Sat :01 TE22�b,S0E 5? II L30 MI)T)4C'ti.d t'2IE0 E002-SO') It
Attachment B '
Page 13 of 15 Pages
Sovereignty Submerged Lands Lease No. 130034016
thirty (30) year lease agreement from the CSTY OF MiAK/
Plaintiff, to BAXSliORk'i'ROPE6TIES, INC., Defendant, entered
into by said parties and heretofore filed in this cause as
Exhibit "A" of the sotticment Stipulation/ and it it further
CONSIDERED ORDERED and ADJUDGED that the Settlement
Stipulation entered into between the parties and filed in this
c4u30 it+•retifiod and confirmed and adopted as the order of this
court. J'urisdietion is hereby rrscrvecl ,£or the anforratasnt of
this Final audgment and said stipulation of Settlement providing
that this ,7udguuynt shall constitute a Lion on the property aoquired
until sully paid and any levy of execution of.this ,7udgme,nt shall
first apply to the property herein acquired and any unsatisfied
balance shall then to anforccable in the same manner na any
judgment in eminent domain proceedings under the laws of Floridut
and it is further
CONSIDERED ORDERED and AD3UDGEo that fee simple title in
and to Parcel 1, legally describer] an follows:
Lot 24 and the S'W'LY 25 feet of Lot 23, Block 43, 3t1 ODES
PLAT OF NEW BISCAYNE, according to the plat thereof,
recorded In Plat hook "a" at Pnge 16, of cha Public Records
aP Dade County, Florida, less, however, a strip of land
4 fest in width off the NW LY Bide thereof heretofore
dedicated to the Ciay of Miami, es described in clerk's
File 67R"11237.
A Parcel of submerged land in Biscayne Bay Sac. 22-54.41
aescrLbod as Lying st'LY of and abutting it 24 and 8W'L.Y
1/2 of Lot 23 (less N'ly 4') of Block 43 of aANUBL RnODES
AMENDED Wu OF NSW BISCAYNE, PD BM, more particularly
described as follows: Dogin at OWL? cc rhOx of said
Lot 23, said corner being in the mean high water .tine of
Biscayne Bay' thence S 40°23'32" E along SE'ly extension
of 8W'ly line of Lot 24, a distance of 530.57' to a
point in• the Bulkhead tine established £or this Arne
own on map in P8 74/3 (sheet 5}t thence N 21°41'5l"
long said Bulkhead Line a distance of 84.87 feet to
e intersection with SE'1y 1/2 of Lot 23, thence N 400
23'32" ?r along said $E'Sy extension a distance of
497,47 foot to the mean high water lino boundary of said
$4'ly 1/4 of Lot 23 and of Rand Lot 24, e distance of
75.00 feet, N/L to tho P09, as described in Clerk's Pile
66B-115129.
together with improvements thereon, any and all, rights appurtenant
thereto, e.nd•together with any and all'xiparian rights.
V« 9692 rc 247
E100: SOQ'd 6lST2 5X6 02:O1 T52c, h Szin S :iI4dD M iltWO d b£;EO E'0002-SG+-N('i.[•
Attachment B
Page 14 of 15 Pages
Sovereignty Submerged Lands Lease No. 130034016
shall vest in t,ha Petitioner upon payment of the firut monies
provided abovc and posse*sion thax'eof'by the Yatitiones shill
be iroadiutt. Upon such first paym ot.
'DONS and OADMD in Chamberes at Vlaml., Dada County,
Florida, thin )L , day of __,),44,1dt
Irouit Judgo
copiou toi
Michel S. Anderson, AsaistAnt City Attornoy, City of Miami ?icrid-a
John G. Martin, Eaq., 110 Euwst rifth Street, Tuscumbis, Ala. 35674
Brigham, Reynaldo s Byrne, P.A., 7699 So. Dayehore Dr„ Miami, E'1. 33133 �.
t,,
2
enee9oo.d 9ST2 9Tb SOE:O1 S"a:iI4.dO MN'1:41Oe1,d h£:6O 2002-S0-I':fX
Attachment 13
Page 15 of 15 Pages
Sovereignly Submerged Lands Lease No, 130034016