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HomeMy WebLinkAboutR-2006-092 Submerged Lands Lease RESOLUTION NO. 2006-092 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL ON BEHALF OF THE CITY WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, PERTAINING TO THE USE OF SUBMERGED LANDS LOCATED BENEATH THE CITY FISHING PIER; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a sovereignty submerged lands lease renewal on behalf of the City of Dania Beach with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, pertaining to the use of submerged lands located beneath the City fishing pier, a copy of which document is attached and identified as Exhibit "A". Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on May 23, 2006. PATRICIA FLUR MAYOR—COMMISSIONER ATTEST: 6-A nz�' - CIX-,) LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: A1 THOMAJ J. A � BR CITY ATTORNEY Department of Environmental Protection Marjory Stoneman Douglas Building Jeb Bush 3900 Commonwealth Boulevard Colleen M.Castille Governor Tallahassee, Florida 32399-3000 Secretary December 20, 2006 _ i)l,lf; City of Dania Beach Attn: Ms.Miriam Nasser, City Clerk 100 West Dania Beach Boulevard _..,.. Dania Beach,FL 33004 BOT Lease No. 062100966 Lessee: City of Dania Beach,Florida Dear Ms.Nasser: Enclosed is a fully executed original lease for your records. The lease requires the Lessee to have the fully executed original lease (all pages)recorded within 14 days after receipt of this letter. The original lease is to be recorded in the official records of the county where the leased site is located. Please provide within 10 days following recordation, a copy of the recorded lease to Michelle Brady at the letterhead address above(Mail Station No. 125). If the billing agent, address, phone or fax numbers change, or there is a change in the Lessee's tax status, please notify the ACCOUNTING SECTION at(850) 245-2720 within 30 days of the date of any change. Any future correspondence or inquiries should be directed to this office at the letterhead address above (Mail Station No. 125)or at 850/245-2720. Thank you for your assistance and cooperation in this matter. Sincerely,co� Kathy C. iffin Government Operations Consultant I Bureau of Public Land Administration Division of State Lands /kcg Enclosures cc: File DEP, SE District Office Printed on recycled paper. • 7V CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Patty Varney, Finance Director Kristen Jones, Parks & Recreation Director FROM: Tom Ansbro DATE: May 16, 2006 RE: City Fishing Pier; Sovereignty Submerged Lands' Lease R enewal • Attached are copies of correspondence received from the Florida Department of Environmental Protection, Division of State Lands and its enclosure, a "Sovereignty Submerged Lands, Lease Renewal". The renewal term is for another five (5) years (the maximum the state will allow at one time). A " lease renewal fee" of $512.00 is due, and an annual lease fee of$3,536.31 must also be remitted. This is ready for Commission approval (Resolution). TJA:slw Attachments This Instrument Prepared By: Frank Votra 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 LEASE RENEWAL BOT No. 062100966 PA No. 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 h to City of chlorid Dania Bea Fa,hereinafter referred to as the Lessee the sovereignhereby lease lands described as follows: A parcel of sovereign submerged land in Section 36, Township 50 South, Range 42 East, in the Atlant____'�Ocean, Broward County,containing 25, square feet,more or less, as is more particularly described and shown on Attachment A,dated AprilT 10 f 992 TO HAVE THE USE OF the hereinabove described premises from April 1 pj 6,the effective date of this le renewal,through A_F_ _I_Zpl�,the expiration date of this lease renewal. The terms and conditionsase nril lease renewal is granted are as follows: on and for which this I, USE OF PROPERTY: The Lessee is hereby authorized to operate a fishing pier recreation_ / g in conjunction with an upland bait and tackle sho and restaurant, without fueling facilities without Pumpout facility, and without liveaboards as defined in paragraph 28,as shown and—exclusively ie be used for passive foregoing subject to the remaining conditions of this Lease. conditioned in Attachmet A All of the 2. LEASE' FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of$3,536.31 Plus sal pursuant to Section 212.031,Florida Statutes, if applicable,within 30 days of the date of receipt of the invoic e.the remainingP es tax years of the lease shall be adjusted pursuant to provisions of Section 18-21.01 1,Florida Administrative Code. The Division of State Lands will notify the Lessee in writing of the amount and the due date of the annual payment.The lease fee for shall be remitted annually to the Division of State Lands as the agent for the Lessor,beginning this lease renewal,and each year thereafter until the term of this lease renewal terminates or expires. y he lease fee g b with the effective and due date of [02-06] 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(26), 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 18-2 lease year during the term of this lease,the Lessor shall send the Lessee a supplemental invoice Cative o , the rdifferenceein tithe any amounts for that lease year. (t3)The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the leased docking facility to a third a the wet slip renter/user/holder subsequently transfers hi shall se a right oto Lsion use said wet slip to at clearly anothefies the wet,slip therenter/user/holder t that if used to transfer said wet slip shall contain a provision that requires six percent(6%)of the annual gross income derived from party, instrument or agreement 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 substantial) similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used t0 transfer said wet slip to each new wet slip renter/user/holder. y 4. LATE FEE ASSESSMENTS: The Lessee shall pay a late charge equal to interest at the rate of twelve percent(12% per annum from the due date until paid on any lease fees due hereunder which are not paid within 30 days of their due dates. ) 5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease renewal,the Lessor is hereby specifically . authorized and empowered to examine, for the term of this lease renewal including any extensions thereto plus 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. P three(3)additional 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 a the gross revenue derived indirect) from th the leased premises,and in all other gross revenue derived from the Lessee's operations on the riparian upland property Lessee shall secure,maintain and keep all records for the entire term of this lease it e use of period shall be extended for an additional two 2 renewal plus three(3)additional yearl This verification purposes by the Lessor. Oyears upon request for examination of all records and accounts for lease 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises o for those activities specified herein. The Lessee shall not change herein (e.g., from commercial to multi-family residential, from temporary mooring to rental ved use of the leased premises as defined only to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wetslips, etc.), shall not change of wetslips, from rental of wetslips activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit,or shall not change the t rian uplands permithnodified permit, if applicable,and he Lessor's of use the naauthoriizat on in t he form hout tof aamodified leas , the pay or additional fees, if applicable,and, if applicable, the removal of any structures which may no longer qualify for lease, the payment of under the modified lease. authorization 8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described reason of the occupancy or use thereof,and all title and interest to said land hereinbefore described is vested in the The Lessee is prohibited from including, or making any claim that purports to include,said lands described by leasehold interest in said lands into any form of private ownership, including but not limitedLessor.or the Les _,��rcooperative ownership. The Lessee is further prohibited from making any claim, including any advertise Lessee's the use thereof, may be purchased,sold,or re-sold. to any form of condominium or ment, that said land, 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease renewal,the Lessee shall maintain a leasehold or fee simple title interest in the riparian upland property terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title inter the P p rty and if such interest is terminated,the lease may be upland property, Lessee shall inform any potential buyer or transferee of the Lessee's uplandproperty this lease renewal and all its terms and conditions and shall complete and execute any documents required b the r t in the an assignment of this lease renewal, if consented to by the Lessor. Failure to do so will not relieve interest of the existence of for full compliance with the terms and conditions of this lease renewal which include, but are not limited toy 1e Lessor all effect and/or penalty assessments incurred prior to such act, the Lessee from responsibility Payment of all fees Page 2 of 13 Pages Sovereignty Submerged Lands Lease No. 0621pp966 • 10. ASSIGNMENT OF LEASE RENEWAL: This lease renewal shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. I I. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS:The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury omissions of that party and the officers,employees and agents thereof allothi g herein hall bend Property damage construed as an indemnity or a waiver of sovereign immunity enjoyed by anbutable to the negligent acts or y 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. VENUE: Lessee waives venue as to any litigation arising from matters relating to this lease renewal and any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. 13. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns,to abide by the the event the Lessee violates any of the provisions and conditions herein,or fails or refuses to comply with the provisions and conditions herein set forth,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 provisions a conditions herein set forth within 20 days of receipt of the Lessor's notice to correct,this lease renewal may be terminated b the Lessor upon thirty(30)days written notice to Lessee. If canceled,all of the above-described parcel of land shall revert and • Lessor. All costs and attorneys'fees incurred by the Lessor to enforce the provisions of this lease shall be paid b the Less the Y notices required to be given to the Lessee by this lease renewal or applicable law or administrative rules shall be sufficient f sent by U.S. Mail to the following address: Y Lessee. All sent City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten(10)days before the c = effective. hange is 14. 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 duringthe period of this lease renewal. effective 15. NUISANCES OR ILLEGAL OPERATIONS. The Lessee shall not permit the leased premises or an art thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy consented to by the Lessor and the lease is modified accordingly,nor shall Lessee unless suchknowinglyY p Hereof illegal operations of any kind on the leased premises. P cy are permit or suffer any nuisances or 16. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises 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 an reasonable in good Y noble time. I T NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that ind' ce,color,religion,sex,national origin,age,handicap,or marital status with respect to an '�- ubject to this lease renewal or upon lands adjacent to and used as an adjunct of the lease rvidual's shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible occurring within the area d area. During the lease term,the Lessee Premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a ►sible location on the leased which will provide protection from the elements,and, in the event that said placard becomes illegible at an time of this lease renewal(including any extensions thereof),to notify the Lessor in writing, manner Y during the term g,so that a replacement may be provided. 18. ENFORCEMENT OF PROVISIONS: No failure,or successive failures,on the part of the Lessor to enforce provision,nor any waiver or successive waivers on its part of any provision herein,shall operate t a fileLessor the the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the ce any breach or breaches. dischargethereof or render event of subsequent Page 3 of 13 Pages Sovereignty Submerged Lands Lease No.061,009_66 • 19. PERMISSION GRANTED: Upon expiration or cancellation of this lease renewal all permission granted hereunder shall cease and terminate. 20. 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 Lessee is in full compliance with the terms of this lease renewal,the Lessee may apply in writing for a renewal. Stich application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. If the Lessee fails to timely apply for a renewal,or in the event the Lessor does not grant a renewal,the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease renewal shall constitute an affirmative covenant upon the riparian upland property more specifically described in Attachment_ title to said riparian upland property,and shall be binding upon Lessee and Lessee's successors in title,which shall run orsuccessors in interest.with the 2 L 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 Paragraph 13 or at such address on record as provided to the Lessor by the Lessee. However,such remedy shall be in addition all other remedies available to the Lessor under applicable laws,rules and regulations including the rig rin structures and the right to impose administrative fines. drtion to S right to compel removal of all 22. REMOVAL COSTS/LIEN ON RIPARIAN the UPLAND PROPERTY:Any costs incurred removal of-any structures and COSTS/LIEN equipment co rr constructed or maintained on state lands shall be paid by the Lessee and any le Lessor tunpaid costs and expenses shall constitute a lien upon the interest of the Lessee in its riparian upland property enforceable in summa proceedings as provided by law. rY 23. RECORDATION OF LEASE: The Lessee,at its own expense,shall record this fully executed lease renewal in entirety in the public records of the county within which the lease site is located within fourteen(14)days after receipt, provide to the Lessor within ten(10)days following the recordation a copy of the recorded lease in its entire which its O.R. book and pages at which the lease is recorded. tpt,and shall entirety �contains the 24. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder detern�ined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with ad' rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian ow ovete interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph adjacent riparian constitute a material breach of this lease renewal agreement and shall be grounds for immediate termination of this to remove the agreement at the option of the Lessor. p agraph shall s lease renewal 25. AMENDMENTS/MODIFICATIONS:This lease renewal is the entire and only agreement between the 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 parties. Its execution of the modification or amendment.Notwithstanding the provisions of this paragraph, if mooringis authorized lease, the Lessee may install boatlifts within the leased premises without formal modification of the leas at the time of the Lessee obtains any state or local regulatory thorized by this the mooring capacity of the facility. ry putt that may be required;and(b)the location or size of the lift does not tincrease 26. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTT T'RUCTURAL REPAIRS; No permanent or temporary sits directed to the boatin 7 everages shall be erected or placed within the leased area. ns restaurant or dining activities are a occur h e ofalc/MINOR he Lessee shall ensure that no permanent,temporary r a. No s b Public advertising the sale within the ealcoholic not water-dependent shall be erected or conducted over sovereignty�structures,fences,docks,pilings or any structuresewhose seas Lessor. No additional structures and/or activities including dredging,relocation/realignment or ma* or repairs submerged lands without prior written consent from the authorized structures,shall be erected or conducted on or over sovereignty, the Lessor. Unless specifically authorized in writing by the Lessor,such activities or structures sh I1 be co s or renovations to hasubmerged lands without prior written consent from and a violation of Chapter 2 p 53,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 considered unauthorized good state of repair in the interests of public health,safety or welfare;provided,however,that such activities activities authorized by this agreement. allstructures in a s shall not exceed the Page 4 of 13 Pages Sovereignty Submerged Lands Lease No.062__ 100966 • 27. 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. 28. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited b a e persons for any five(5)consecutive days or a total often(10)days within a thirty( )30 day period. If liveaboards'aare p rson or 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. 29. 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 count or w within the jurisdiction of another state or foreign country,and any watercraft used to carry gambling cruise ships. country waters rry passengers to and from such 30. SPECIAL LEASE CONDITIONS;Should a field survey acceptable to Lessor be required or obtained after the effective date of this lease,the annual lease fees due hereunder shall be adjusted to reflect the increase or decrease in th an be prospective only. No reimbursement or credit shall be given to Lessee by Lessor for overages, and no char a shal a total preempted area shown by the survey. Any such adjustment shall be effective from the date of the acceptable surve imposed by Lessor for shortages unless the error resulted from inaccurate information supplied by the Lessee.g y d shall 1 be • Page 5 of 13 Pages Sovereignty Submerged Lands Lease No.062100966 TN c BOARD OF TRUSTEES OF THE INTERNAL (" IMPROVEMENT TRUST FUND OF THE STATE ® �Orig' aal signature OF FLO DA��.�:,`-'y t 1. C• �,�� _.(SEAL) Print/Type N BY: e of Witness Je e �� r ry ntry, erations and Management onsultant Manager,Bureau o Public Land Administration, Original Signatu a Division of State Lands,Department of Environmental Protection,as agent for and on behalf of the Board of Trustees of S01pk'I'7A the Internal Improvement Trust Fund of the State of Florida Print/Type Namd of Witness STATE OF FLORIDA "LESSOR" COUNTY OF LEON The foregoing instrument was acknowledged before me this-IV _ 1 -� �'��y Jeffe M. Gent Operation and Mana ement Consultant Mana er Bureau of Public Land Administration Divisio n o � by to Lands Department of Environmental Protection as agent for and on b half of the Board of Trustees of the Internal Improvement Trust Fund oft e State of Florida.R known to me. APPROVE AS WF ND � ( (' Notary Public, Stat ofF `.�londa q- D Attorney C, Printed,Typed or St ped Name 1 n My Commission Expires: Kathy c.Grffm My commission DD26336 77 IEXWres October 30.200; Commission/Serial No. CITY OF DANIA BEACH,FLORIDA BY:_ Patricia A. Flury,Mayor.' AT�EST: ... /t �l BY: ., ,Ivan Palo, Ci ' _ nager Louise Stilson City Clerk Witness ,l (SEAL) ,, Witness 'i;� Signed dayday of, 2006 Approved As to Forrfi and Correctness: BY: "LESSEE" Thomas A❑sbrtjl`Attorney STATE OF C441 f, I COUNTY OF The foregoing instrument was acknowledged before me this l to as City Mana er !—day of LlrSl (known -�—g-' for and on behalf of the C� of Dania Beach a Florida municipal corporation. 2006,by me or has produced p rp ration. He _...._...__., personally , as identification. r ��� ��� Page 6 of 13 Pages � � � . * • ,q Sovereignty Submerged Land Lease No.O6210096610, 401 \••• \Sa�ON�°•° �� o y�:: #DD 495609�to Dania Beach Fishing Pier f 1t TJi 111,fmow d,y ya r 1 �t st ti rs� � t n Z �tI�jryA':. �x sax +x��y� tad{y���q� �+bcy�4 t �A� •9 E •1� . 13 t � .-, .,',. �, -., s`� Y s}R Y�r►SP���t= aR,f'� +` a { Clow 1a 3 Yr1 t £ ,f f f1. A ,:t< x� ltF� , s r",t_{ S Sir x•yfrarit - Ey IRAN s _ sf a y Get t g c tz(r r a P r j Lt s Y f -? �—p t<(tjPe tt tjalrt2 rtta zL ��r'ri3y2x�M�atM r� a1 LiA rY l iT4� f. ;:5.. 3 t" a���nt�tl bt 41��� �x rt At+�Ylt�f sr R.ttr s F{ � d1 i£fkas yrt r. l� S't�•2 #s•,f +}ht £'. r z b y if 1rx 1 -ry'trs ,tr t3 it 1 4 F P ,�` t i Y f s t r hSS� b"Yrts r _St .a Pa 100 TAN < ���,: : r .sty r• ^ � x ;r'.'(4 l :. ( rr11 4r t P v s o. sf Q No 9b tt 1 4 f 1 iT ,tf :1 f } SAIL• @�. ��It'9�� r ' f f a i / +• •�t `. Ys } Yy A tt T'+t+ F IR"` s. YENS: t y�.a f••.• a { s � Why4.1��.�, wxi yr}f.Y Y t +_~ i Rx Ira .MAN t lU j ARM, + f ! ' .Ir f ' ►y f` � x 'r t r r+t�� e x tom; sty lost r � r t , r r i Y w r 1+ � d ^('Y3 : � rf,� tY.R 1r .A J FyYY h r 1 S }rf i 4< r tK N S -. C' AY WA t`NS'AS KMk yil r xT 1^R .F0. SMrrMN rt R ""�.)1.�tr ..„Hli! 13f p Y j �F. R p p F a FYt a l r f� ,; r o , r 4 tr➢ t t x ( 3:�Y.. � y ..*� i '�{ t'+� s ) k 4 , tl. r r } s ? � F 4x e a i5 r F i A-: f a �a �`.1J r � , :t•dY flfL�.� { .� �� ;, ' x Pr sf 1 Y N r r5 I t �` a1 -. Y Ty a '� t •Y t` '. i�a �t i ' t t ♦ !t s 1.y r '.4h ...� � t tf MaaQc�est. 1o/6.I Attachment A Page 7 &o 3 Pages SSLL No. 0629_ 00966 LEGAL DESCRIPTION FOR SUBMERGED LAND LEASE @ DANIA PIER A portion of HOLLYWOOD CENTRAL BEACH according to the plat as*re ed in Plat Book 4, at page 20-D of the Public Records of Broward County, Florida, being More particularly described as follows: � a' Commence at the Northeast corner of Block 203 of the aforementioned plat HOLLYWOOD CENTRAL BEACH and proceed 502-02-24E, alongthe East :of c line of said Block 203 for 53.45 feet; thence the followin coursesdistances: 586-12 58E, 267.15 feet; N05-14-16E, 861.86 feet; S40-5-37E, 13S 6fet; S 86-00-03E, 205.56 feet to the intersection with the Erosion Control Line s recorded in Miscellaneous Plat Book 3, at page 49, of the Public1 ds as Broward County, Florida; thence N06-41-47E, along said Erosio Control yds of 367.70 to the POINT OF .BEGINNING of the following described parcel; thence nle, departing from said Erosion Control Line, S81-56.06E 69 ' hence, S08-03-54W, 23.50 feet; thence 581-56-06E, 40.00 feet; thence N - 2.24 thence feet; thence N81-56-06W, 40.00 feet; thence 508-03-54W, 24.00 fe 4E, 80.00thence N81-56-06W, 693.02 feet to the intersection with the aforementioned thence Control Line; thence along said Erosion Control Line, 506-41-47W 32 d Erosion the POINT OF BEGINNING; containing 25710 square feet more or less. 51 feet to WE HEREBY CERTIh'Y that th e attached SUBMERGED LAND LEASE SURVEY is a true and correct representation of the property as recently surveyed under my direction. WE FURTHER CERTIFY that this survey complies with the minimum technical standards as set forth by the Florida Board of Land Surveyors in rule 21-11H William 0. High 4110197. Professional Lan Surveyor No. 4632 State of Florida Attachment A Page 8 of 3 Pages SSLL No. 062100966 1 Q 0®A®TAL Ting L@gT gg"lMATIM ' °°"""""`°'""ANN M" LEASE SURVEY .,. �, ... .. �.« ... FOR [:D:ANIIA FISIIING PIER - - --- U21d ONIIISIq VINVa no Aanans asmaNV, a�®yaxom®ma ,dcoc�ao - 0 k ig vi �= fe � e — i6 _ •! A I d K��e� I a Y • N x w u - 0 r» z e a t.. e r 'I 1 � e 4 all Attachment A Kit Page 9 of 13 Pages SSLL No. 062100966 s y � M -0Y Tip ~ -0'p yaff.jp� .oy o a . Z W U ._ O U . a H 4 P ' r .-wpm Attachment A W its Page 10 of 13 Pages SSLL No. 062100966 rQ2 P 1 TRUSTEES OF'— to .EI:: INTERVAL IE1Pd0VEIIENT FUND l4 OF THE STATE OF PLO:UDA � .J. DEED No. + KNOW ALL !-i"N By THESE TRUSTEES OF TE{E INTZ P c. . RESZUTB: The t the undersigned, ` ' Yt(PNOVE4;rJT FUND of the State of :T Florida, under authority of lithe for and In consideration or the " o; Three hundred E i:;hty-six and 60 f totheca in hand P>ild b /100 �;�390.6O) Dollars y the OITX OF DW1IA tion of this State a Q4uniclpal corpora-- loFate3 in U rowarcl County, Florida { granted, bar.relned an3 sold havo h� _ , end by these presents do bargain, Bell and conve Brant, Y unto ® the CITY of DAlEYA ,1 ora, the following o # and its succes- d the lands in Bro to Wit: xard Coun Florida , tY, Flo , PAROEL GOMlence of t �;� .• oP Block 172 he CO' 'T-ionHol corner to.,` �•1 no reco:de1. p,lyt.,'od Central Beech gUband ?2 • •. -;:.. R,1 County, at the plat ,odo�, P:t ;e. 20CD, 3ro raidion, . Said Iota; ast en the boundary bcttiecn i t:l..r•::.� Thence Easterly in pro e 125 feet to the � J ction of _ point o enid boundary ;;; Fro 1 f beginning; m po Point of be._ West 1300 feet �lnning, thence South 100 S31 Lot 97 or said Blockore to' lea., to. the 9E corne 50" Thence. Southerly ??, • , r of .. . Ea.at bounder of 150 feet more or .�.:z-. ,;� 172 . to the SE co Lots ga 1e88 along the rner of Lot 100 of Bald Block - • t 100� . Thence; South 8 o e • S 41 M aQ of 1951 to -50 .20 East 500 feet • - ' AtJ.antic Ocean ordinary hih tratcr markrofotheees, _ The+nce i1o:-therl Ma of the Y axone the ordinar In pro�achO Atlantic Ocea Y h1Eh water •`.:,,. 1Ata: East. of' of 19<1 to a point .� . ... ?.1_ and 72.E f._,sal he boundcu•Y bet e� _. •:� d Block. 172- -- Heen Thenca Westerly aloe_ botween Lots 71 and ?z the Pro•Jection of 'the the point Of be 400 feet more boundary +ginning. ► or less, to a . Containing ' 16,0 acres i more• or less. ! And unto the Said CITY OF D ! AlEIA, 1.ta oucoeaeora •� the folloirin described lands and aaaiKnb, Y, In Drosrard County Florida to lrYt; n Attachment B Page 11 of 13 Pages SSLL No. 0 22100ggg V PAROEL 2; HEED rl~A d c I�d `_t ; 00cnmenc0 at the common corne Of Block 172, r to Lots fiollywaod Oentrnl Bench 8ubdlviolon, ae recorded in' plat Book 4# Pa.�e 20-D, Droward County, at the east end of. the• boundary bottreon said iota; Thence Easterly in pro Jectio 25 feet to t n of said boundary . he .point of beginning; Thence South 100 to the 8E corner r <31 50* •West: 1300 feet more or lose, of Lot 97 of Dlock 172; Thence northerly along the Enat boundary or jots 97 to 55, both .inclusive NE corner of Lot 55• , of said block to the Thence continuing in the^proJectlon of the east boundary of Bald lots Northerly 720 feet more or e138, to :he North boundary -of Section 3� of Town- 8111p 50 South, Range 112 East; Thence East along the North line 36 of quid Section l�h'0 feet, more or less, to the ordinary hISh grater mark of the Atlantic Ocean as of 1951; . Thence Southerly along, the ordinary hl;;h grater mark of the AtlRntie Ocean 1 to a point in the_Gaeterl r feet, more y or leas, bstercen Lots 71 a21d Projection of the line 72 of Block 172 aforeeaid; Thence Westerly 400 feet more o r ' said line to a o r leas, in pro Jection -" common corner at t.�pieirnt 12� feet Easterly of the 7 '7 ast end of the boundary. betWeen Lotp 1 and , 2, the point of beginnin, Containing; 17.5 acres� more or less. This conveyance is made U.-)on t he express condition that OPereel 1" above described shall never be used for any other than public purpose© and neither I - r Bald parcel, nor any part tttersot, . shall ever be sold, conveyed, leveed or other-yriee d9,s- Pooed of: by the grantee, or its successorsi to an e Y Person, firm.or corporation, "paz'ce1 21 may be sold and conveyed granted,*:'Or Its succeesore Y d by the in compliance With the terms of that cer.tain1compromis© agreement entered into bet ween the paid �. ®1 of Dania and }follywood Inca, a cor oration made in settle- ' • went or objections to the Bale cr. the lands herein heretofore i• • rilod With the Bald 'Trustees. TO HAVE A111) TO HOLD the above granted and described preml8es forever,, ' CAVING AND . . : : � .. � • . . , ' / RESERVING unto the said Trustees Of tile , •• Attachment B Page 12 of 13 Pages SSLL No. 062100966 GEED 7` 1) PAGf t.) J Internal Improvement Fund of the 8t,bte of Florida, and their successors, title to an undivided three-fourthe of all ;)hosahnte, minerals and metals, and title to an untlivided one-half of all p»troleuru that way be in, on or under the above deBeribed land, with the privilege to mine and develop the same. OTHER RESe�1VA'"IONu: IN TE:.TIIIOPiY ;'ili;:;jFOF, the snid Trustees hrive hereunto subscribed their names and affixed ►;}1Flr Peal and have cn•.iped `he 911 1 of •"NE D 'PA-:-MENT OF AGFUCUL-- TURE OF ViE STATE OF FLO-?IDA to be he-•eunto affixed, at the Ca jitol, in the City o1• Ta.11ntileoee , on t!ila the -- day of A. D. 1952. Uri' 6.. .•�. / 00, ;' '• Governor ( E.AI.) ••...tea :r• 1 o. I• � ' '' ( SEAL) of A�1;: culture omptrollcr -�---� ( SEAL) greanurer T"stdeq 'I. Fund Pfforney c;:.neral ( SEAL) - ►�� '` ;� "•;1: ..� t isNlonsr o1/ A6ric,.jltur Ad and coma )osin the Tr es of the Internal Inprovement Fond of ' ; the St•nte of Florida`�a� :L. " .' S1A1� OF FIOkiD1�,• C�11t�1Y OF bfD1y► this in�ln t t file- for r Co.Ir 12Y9 C 11 -- e r Irr ��' ur D. cl • Attachment B Page 13 of 13 Pages SSLL No. 062100966 V 4 FLORIDA June 8, 2006 Frank Votra Bureau of Public Land Administration Division of State Lands Florida Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399-3000 RE: BOT NO. 0622100966- SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL Dear Mr. Votra: On May 23, 2006, the Dania Beach City Commission adopted Resolution No. 2006-092, (certified copy attached) approving the above Sovereignty Submerged Lands Lease Renewal. Enclosed are two original lease agreements that have been executed by the City of Dania Beach. These agreements now require final execution by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Upon execution, please return one original to us for our records. If you have any questions regarding this agreement, please contact Thomas J. Ansbro, City Attorney, at 954-924-3635. Sincerely, Miriam Nasser R Deputy City Clerk Enclosures "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us