HomeMy WebLinkAboutR-2001-065 RESOLUTION NO. 2001-065
A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA APPROVING
THE RENEWAL OF A SOVEREIGNTY SUBMERGED LANDS LEASE
BETWEEN THE CITY OF DANIA BEACH AND THE BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA; AUTHORIZING THE EXECUTION OF BOT LEASE
NO. 062100966 BY THE PROPER CITY OFFICIALS TO ALLOW THE CITY
TO CONTINUE TO USE SUBMERGED LANDS FOR THE OPERATION OF
THE DANIA BEACH FISHING PIER; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the renewal of a Sovereignty Submerged Lands Lease between
the City of Dania Beach and the Board of Trustees of the Internal Improvement Trust Fund
of the State of Florida, a copy of which is attached to this Resolution as Exhibit "A", which
would allow the City to continue to use State-owned submerged lands for the operation the
Dania Beach Fishing Pier, is approved and the appropriate city officials are authorized to
execute same.
Section 2. That the Acting City Manager and City Attorney are authorized to
make minor revisions to such Lease as are deemed necessary and proper for the best
interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4., That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED THIS 24TH DAY OF APRIL, 2001.
1 RESOLUTION NO 2001-065
MAYOR - COMMISSIONER Q_
ATTEST: ROLL CALL:
COMMISSIONER BERTINO-YES
f COMMISSIONER MCELYEA - YES
COMMISSIONER MIKES- YES
HLRYL dHAPMAN VICE-MAYOR CHUNN - YES
ACTING CITY CLERK MAYOR FLURY-YES
APPROVFFD AST I FO M AND CORRECTNESS:
BY:
THbmAtJANSBkO
CITY ATTORNEY
2 RESOLUTION NO 2001-065
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
MODIFICATION TO REFLEC'I'CHANGE OF NAME
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 ofpayment 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 Dania Beach a Florida municipal corporation,hereinafter referred to as the Lessee,the sovereign lands
described as follows:
A parcel of sovereign submerged land in Section 36
Township 50 South,Range 42 East,in the Atlantic Ocean,
Broward County,containing 25,710 square feet,
more or less,as is more particularly described and shown
on Attachment A,dated April 10,1992.
TO HAVE THE USE OF the hereinabove described premises from April 1 2001,the effective date of this lease
renewal,through April 1,2006,the expiration date ofthis 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 fishing pier exclusively to be used for
passive recreation/fishing in conjunction with an upland bait and tackle shop and restaurant,without fueling facilities,without a
sewage pumpout,and without liveaboards as defined in paragraph 28,as shown and conditioned in Attachment A. All of the
foregoing subject to the remaining conditions of this Lease.
2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of$3,126.33 plus sales tax
pursuant to Section 212.031,Florida Statutes,if applicable,within 30 days of the date of receipt of the invoice.The annual fee for
the remaining years of the lease shall be adjusted pursuant to provisions of Section 18-21.011,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 shall
be remitted annually to the Division of State Lands as the agent for the Lessor,beginning with the effective and due date of this
lease renewal,and each year thereafter until the term of this lease renewal terminates or expires.
•
3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: 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 total amount of the gross receipts derived from the rental of wet slips,if applicable. When six percent
(6%)of the gross receipts derived from the rental of wet slips exceeds the prorated base fee or minimum fee established
pursuant to section 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.
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 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 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 payment 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 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 wetslips,from rental of wetslips
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 wetslips,etc.),shall not change
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 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.
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 tetra of this lease renewal,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
renewal and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an
assignment of this lease renewal,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 renewal 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 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.
11. 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 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.
Page 2 of 13 Pages
Sovereignty Submerged Lands Lease No.062100966
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
provisions and conditions herein set forth,and said provisions and conditions shall be deemed covenants of the Lessee,it
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,or in
the event the Lessee violates any of the provisions and conditions herein,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 renewal 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 costs and attomeys'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 renewal or applicable law or administrative rules shall be sufficient if sent
by U.S.Mail to the following address:
City Manager
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach,FL 33004
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.
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 during the effective period
of this lease renewal.
• 15. 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.
16. 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.
17. 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 renewal or upon lands adjacent to and used as an adjunct of the leased area. During the lease term,the Lessee
shall post and maintain the placard furnished to the Lessee by the Lessor in 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
renewal(including any extensions thereof),to notify the Lessor in writing,so that a replacement may be provided.
18. 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.
19. PERMISSION GRANTED: Upon expiration or cancellation ol'this lease renewal all permission granted hereunder
shall cease and terminate.
Page 3 of 13 Pages
® Sovereignty Submerged Lands Lease No.062100966
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. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the
expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last
day of the previous lease term. If the Lessee 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 B,which shall run with the title to said
riparian upland property,and shall be binding upon Lessee and Lessee's successors in title or successors in interest.
21. 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 struct-ures
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 13
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.
22. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY:Any costs incurred by the Lessor in the
removal of any structures and equipment constructed or maintained on state lands shall be paid by the Lessee and any unpaid costs
and expenses shall constitute a lien upon the interest of the Lessee in its riparian upland property enforceable in summary
proceedings as provided by Law.
23. RECORDATION OF LEASE: The Lessee,at its own expense,shall record this fully executed lease renewal in 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
O.R.book and pages at which the lease is recorded.
24. 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 renewal agreement and shall be grounds for immediate termination of this lease renewal
agreement at the option of the Lessor.
25. 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 pemut that may be required;and(b)the location or size of the lift does not increase
the mooring capacity of the facility.
Page 4 of 13 Pages
Sovereignty Submerged Lands Lease No.062100966
26. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONALACTIVITIES/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 area. No restaurant or dining activities except as authorized in this lease
and conditioned by Special Lease Condition No.B,are to occur within the leased area. The Lessee shall ensure that no
permanent,temporary or floating structures,fences,docks,pilings or any structures whose use is not water-dependent shall be
erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures
and/or activities including dredging,relocation./realignment or major repairs or renovations to authorized structures,shall be
erected or conducted on or over sovereignty,submerged lands without prior written consent from the Lessor. Unless specifically
authorized in writing by the Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,
Florida Statutes,and shall subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This
condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the
interests of public health,safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this
agreement.
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 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.
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 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.
30. SPECIAL LEASE CONDITION: Should a field survey be required in the future that establishes that the exact total
preempted area is smaller than what was originally estimated,the Lessor will not credit lease fees;and,if the field survey
establishes that the exact total preempted area is larger than that which was originally estimated,the Lessee will not be assessed
lease fees in arrears unless the error resulted from inaccurate information being supplied by the Lessee.
Page 5 of 13 Pages
Sovereignty Submerged Lands Lease No.062100966
WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature (SEAL)
BY:
Print/Type Name of Witness Kim K.Dupree,Operations and Management Consultant
Manager,Bureau of Public Land Administration,
Division of State Lands,Department of Environmental
Original Signature Protection,as agent for and on behalf of the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida
Print/Type Name of Witness
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of 20_,by Kim K.
Dupree Operations and Management Consultant Manager Bureau of Public Land Administration, 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. She is personally known to me.
APPROVED AS TO FORM AND LEGALITY:
Notary Public,State of Florida
DEP Attorney
Printed,Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
WITNESSES: City of Dania Beach a Florida municipal corporation (SEAL)
BY:
Original Signature Original Signature of Executing Authority
Jason Nunemaker. _
Typed/Printed Name of Witness Typed/Printed Name of Executing Authority
Acting City Manaaer
Original Signature Title of Executing Authority
Typed/Printed Name of Witness "LESSEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,20
by Michael Smith as City Manager, for and on behalf of the City of Dania Beach a Florida municipal corporation. He is
personally known to me or who has produced ,as identification.
My Commission Expires:
Notary Public,State of
Commission/Serial No. Printed,Typed or Stamped Name
Page 6 of 13 Pages
Sovereignty Submerged Land Lease No.062100966
Dania, FL 33004
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Attachment A
Page 7 of 13 Pages
SSLL No 062100966
LEGAL DESCRIPTION FOR SUBMERGED LAND LEASE @ DANIA PIER.
A portion of HOLLYWOOD CENTRAL BEACH according to the
ard County, corded
in Plat Book 4, at page 20-D of the Public Records of B
being more particularly described as follows:
Commence at the Northeast corner of Block 203 of the aforementioned plat of
HOLLYWOOD CENTRAL BEACH and proceed S02-02-24E, along the Easterly
line of said Block 203 for 53.45 feet; thence the following courses and distances:
S86-12-58E, 267.15 feet; N05-14-16E, 861.86 feet; S40-55-37E, 138.63 feet; S
86-00-03E, 205.56 feet to the intersection with the Erosion Control Line as
recorded in Miscellaneous Plat Book 3, at page 49, of the PubErosionlic
Records
e Control o
Broward County, Florida; thence N06-41-47E, along said described parcel; thence,
367.70 to the POINT OF BEGINNING of the following P ;
departing from said Erosion Control Line, S81-56-06E, 692.24 thence
S08-03-54W,23.50 feet; thence S81-56-06E,40.00 feet;thence N08-03-54E, 80.00
feet; thence N81-56-06W, 40.00 feet; thence S08-03-54W, 24.00 feet; thence
N81-56-06W, 693.02 feet to the intersection with the
S06-41-47W,aforementioned
32 S 1 feet to
Control Line; thence along said Erosion Control Line,
• the POINT OF BEGINNING; containing 25710 square feet more or less.
WE HEREBY CERTIFY that the attached s recent
ERG DeLANDLEASE dirSURVEY�s a true
and correct representation of the property Y
FURTHER CERTIFY that this survey complies with the minimum technical standards as set
forth by the Florida board of Land Surveyors in rule 21-HH.
W ilharci U.I-Ii�h
Professional I-an Surveyor No.4632
State of Florida
q Q u ? V omnatAo Tnoocmdooi ocavmansr^w LANDLEASE SURVEY
FOR
PIER FISHING.
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Attachment A
Page 10 of 13 Pages
SSLI_No 062100966
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tim 771.) PA073 I
Lo
6 TRUSTEES OF TIT-- INTERNAL ZI[PROYE}iE}IT FUND CP
OF THE STATE OF FLORIDA V
S DEED No. ;.005
'! KNOW ALL Ita-li BY THESE PRESENTS; .That the undersigned,
the TRUSTEES OF THE IVTERIAL I eROVE'QENT FUND of the State of
Florida, under nrlthorlty of lax, for and in consideration of
.r
the sum of Three hundred Eighty-six and 60/100 0336.60) Dollara
.} to,them in hand paid by the CITX OF DAiIIA, a municipal corpora-
tion of tills State located in Broward County, Florida, have
{ granted, bar_{aloed and sold, and by these presents do grant,
h bargain, sell and convey unto the CITY OF DAIIIA, and Ito oucces-
hors, the following described lands in Broward County, Florida,
to Wit:
PARCEL 1: i
r,_T10 Commence at the co-i,aon corner to Late 71 and 72
y';rp of Block 172, Hollyijood Central Bench Subdivision,
no recorded In Plat Zoos 4, P:r;;o 20-D, 3rowa'rd
"� .V"`~ �Sq _ County, nt the east end of the boundary between
'= said lots;
'Thence Easterly In projection of said boundary
125 feet to the poln'. of beginning; ,
From point of beginning, thence Sonth l0a 531 50"
.I•�e West 1300 feet more or lees to. the 9E corner of
Lot 97 of said clock 172;
+� Thence. southerly 150 feet more or less alum; the ...
I �'• East boundary or Lot 98, 99, 100 of said Block
�L 172.to the SE corner of Lot 100;
Thenca South 851 411 20" East 50G feet, more or less,
as of 1951 to the ordinary high water mark of the
Atlnn Ic Ocean;
! Thdncc northerly alon,.; the ordinary high water
mark of the Atlantic Ocean as of 1951 to a point
in projection Easterly of the boundary between
Lots 71 and 72 of said Block 172;
Thenca Westerly alone the projection of 't}le boundary
between Lots 71 and 72 h00 feet, more or lees, to
r=4s the point of beginning.
1
Containing 16.0 acres, more. or lese.
And unto the said CITY OF DANIA, Ito oucoeosors and analgil ,
I the following described lands in Broward County, Florida,
to wft:
7 �
n t
Attachment B J
page 11 of 13 pages
1,
1
PARO EL 2: DEED rI I fNQ v�t�
Commence at the common corner to Lots 71 and 72
of Block 172, Hollywood Central Bench Subdivision,
as recorded in Plat Book 4, Pa.-
.,a 20-D, Broward
County, at the east end of. the boundary between
said lots;
Thence Easterly in projection of said boundary
125 feet to the point of beginning;
Thence South 100 53+ 50" hest 1300 feet more or lees,
to the BE corner of Lot 97 of Block 172;
Thence northerly along the East boundary of Lots
97 to 55, both Inclusive, of said block to the
NE corner of Lot 55;
Thence continuing in the projection of the east
boundary of said late Northerly 720 feet more or
less, to the North boundary of Section 3t of To+,•n-
ship 50 South, Range 42 East;
y Thence East along the North line of suld Section
36 480 feet, more or lees, to the ordinary high
water mark of the Atlantic Ocean as of 1951;
Thence Southerly alone, the ordinary hi;5h water
mark of the Atlantic Ocean 1620 feet, more or lees,
to a point in the-Easterly projection of the line
between Lots 71 and 72 of Block 172 aforesaid;
Thence westerly 400 feet, more or lase, in projection
if sold line to a point 125 feet Easterly of the
Common corner at the r:ast end of the boundary between
Lots 71 and ?2, the point of beginning.
Containing 17.5 acres, more or less.
This conveyance Is made u)on the express condition that
°parcel 1" .above described shall never be used for any other
o.
ij
1 than public purposes and that neither said parcel, nor any part
leased
thereof, shall ever be sold, or otherwise din-
conveyed, l
posed of the grantee, or Sts successors, •to any person, firm
by
or corporation. "Parcel 2" may be sold and conveyed by the
granteo ' or its successors, in compliance ►Ith the terms of
that certain compromise agreement entered into between the said 1
City of Dania and 11ollywood Inc., a corporations made in settle- t
most of objections to the Bale of the lands herein .heretofore _
i filed with the said Trustees-
TO HAVE A11D TO l{OLD the above granted and described ► .
premises forever. ,
RAVING AND RESERVING unto the said Trustees• of the
Attachment B
Page 12 of 13 Pages ` +
SSLL No. 0 22100966 -�
aEEn 779 wit)�5
Internal Improvement Fund of the State of Florlda, and their
successors, title to an undivided three-fourths of all phosphate,
minerals and metals, and title to an undivided one-half of all
petrolerun that may be in, on or under the above deecrlbed land,
with the privilege to mine and develop the enmo,
OTHER RESe'.RVATIONui (clone)
IN TESTILIOPIY 'rfflE9a'OF, the snld Trustees have hereunto
subscribed their nacres and affixed their ecal e.nd
hHve caved tha seal of THE D"P,1"'MENT OF A0RTCUL--
TURE OF THIS STATE OF FLO'41DA to be' hc••cunto ❑fflxcd,
at the Ca,,Itol, In the City of":allntlnecee, on thin
the day of A. D. 1952.
7`.i•l'r•rf
ci r�/ .` `•; ' r:, . Gov e �•�(,� �L/�P�j/l.._.t� ( .EAL)
�. •: , , r
!.'• . '.*4�Dept. •of A}� Sculture onptroller
(SEAL)
reaaurnr
(9EAI:)' �r�' �I L/v• `- acf (SEAL)
T"stdc's 'I. x,. Fund Attorney Gr•.nernl
.v•::i` +"t.?..:.;.t . ,. ,. _ ��� � i / �. e)
____(SEAL.) •
Commlaslonsr.ol�Anr'Scultur
As and con�oslnr the Tr
the Internal Imp, rovcment Fund of
the SCnte of Florida
S/T�A1E OF FIORIDA, CPI1fITY OF Uf014!�Q
nThis inslir I fire-lot r co•r, h
f ( i.h 1'.rtIfI,U.
1 O '• I, .L f• r.,•. ,,,.d lc�a
Hy F<ua� u. C
D
Attachment B -
Page 13 of 13 Pages v
SSLL No. 062100966 W. i; �, �+ •
Weiss Serota Helfinan''
Pastoriza & Guedes R.A.
M%eoolmo
To: Charlene Johnson, Deputy City Clerk
cc: Jason Nunemaker, Acting City Manager
From: Tom Ansbro 1110
Date: April 11, 2001
Re: Pier Submerged Lands Lease
Please agenda for approval by the City Commission (by Resolution) authorization for
Jason to execute the lease on behalf of the City with the "Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida" for the "sovereignty submerged lands lease
renewal" pertaining to the Dania Beach pier. The Resolution should state that the lease
between the City and the State begins retroactively, as of April 1, 2001 through April, 2006.
The annual lease fee is $3,126.33 and a $200.00 rene„ia.l processing fee is also due to be paid
(as described in the March 16, 2001 letter sent to the former City Manager by Mr. Votra of
the Division of State Lands of the Florida Department Environmental Protection). Copies of
the relevant documents are attached for distribution to the Commission.
WEISS SEROTA HELFMAN
PASTOKIZA & GUEDES, P.A.
ATTORNEYS AT LAW
BROWARD OFFICE
NINA L. BONISKE 3107 STIRLING ROAD, SUITE 300 DOUGLAS R. GONZALES
JAMIE ALAN COLE FORT LAUDERDALE, FLORIDA 33312 GERALD T. HEFFERNAN*
EDWARD G.GUEDES JOHN R. HERIN,JR.
STEPHEN J. HELFMAN CHRISTOPHER F. KURTZ
GILBERTO PASTORIZA JAMIE ALAN COLE PETER A. LICHTMAN
JOSEPH H.SEROTA MANAGING SHAREHOLDER-BROWARD OFFICE KAREN LIEBERMAN*
RICHARD JAY WEISS MATTHEW H. MANDEL
DAVID M.WOLPIN BERNARD S. MANDLER'
STEVEN W.ZELKOWITZ TELEPHONE (954)763-4242 GARY I. RESNICK*
TELECOPIER (954)764-7770 NANCY RUBIN*
WWW.WSH-FLALAW.COM GAIL D.SEROTA*
MIAMI-DADE OFFICE DANA S.SCHWARTZ
THOMAS J.ANSBRO" ARI C. SHAPIRO
LILLIAN ARANGO DE LA HOZ*
2665 SOUTH BAYSHORE DRIVE SUITE 420 JEFFREY P. SHEFFEL
ALISON S. BIELER MIAMI, FLORIDA 33133 NANCY E.STROUD*
MITCHELL A.BIERMAN TELEPHONE (305) 854-0800 • TELECOPIER (305) 854-2323 SUSAN L.TREVARTHEN
MITCHELL J. BURNSTEIN CARMEN I.TUGENDER
ELAINE M. COHEN OF COUNSEL DANIEL A.WEISS*
April 12, 2001
Mr. Frank Votra
Bureau of Public Lands Administration
Division of State Lands
Florida Department of Environmental Protection
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399-3000
Re: BOT Lease No. 062100966; Lessee: City of Dania Beach; Your Letter Dated March 16,
2001 Re Submerged Lands Lease Renewal
Dear Mr. Votra:
This will confirm our telephone conversation on Wednesday afternoon,April 11, 2001, in which I
requested additional time within which to process the referenced lease for City execution. As I mentioned
to you, I wish to present this to the Dania Beach City Commission in order to authorize the City Manager
to execute the agreement. At the time of our discussion, you asked me to provide you the lease number
and you indicated that you were making a notation to the effect that an extension of time could be granted
and that it would not pose a problem for return of the executed lease to you. If you have any questions or
concerns with regard to the foregoing,please contact me.
Very truly yours,
Thomas J.,Ansbro, City Attorney
City of Dania Beach
TJA:slw
566.001
cc: Jason Nunemaker, Acting City Manager(w/o attachments)
Charlene Johnson, Deputy City Clerk(w/attachments)
Linda Fry, Administrative Assistant to City Manager(w/o attachments)
amen
INVOICE NO: S01034065
DEPARTMENT OF ENVIRONMENTAL PROTECTION INVOICE DATE: 03/29/2001
RECEIPTS SECTION
\ i POST OFFICE BOX 3070
TALLAHASSEE, FL 32315-3070 LEASE NO. 062100966
TELEPHONE: (850) 488-2297 EXPIRES 04/01/2001
TAX NO. 16-01-196494-54
TO: SQUARE FT FLEASE
CITY OF DANIA RATE
100 WEST DANIA BEACH BOULEVARD DISCOUNT
DANIA, FL 33044
TAX
-TYPE
LESSEE NAME: CITY OF DANIA
PROJECT NAME: DANIA MUNICIPAL FISHING PIER
TERMS:DUE ON OR BEFORE DUE DATE OF 04/29/2001 LATE CHARGES: 12% PER ANNUM
i5i,Mom, DESCRIRTIONt _' RATE� �gMOUIdT
04/29/2001 2001/02 LEASE FEE @ BASE RATE
0.1216 $3,126.34
TOTAL DUE: $3,126.34
FINANCE DEPT.
SPECIAL INSTRUCTIONS OR COMMENTS
TO INSURE PROPER CREDIT TO YOUR ACCOUNT . �����
1. Return one copy of this invoice with your payment. � Q
2. Make your check payable to DEPARTMENT OF ENVIRONMENTAL P ION.'
3.Address envelope exactly as printed on top of this invoice.
4. Reference your lease number on all correspondence and checks submitted to this office.
FOR OFFICE USE ONLY
012007 021017 $-3,126.34
001021 021023
001018 021003
001030
021006 021025
" 02 1115 ` 025004/1
011008 , ,
CITY OF DANIA BEACH
TAX EXEMPT
O. 16-01-196494-54C --� -
0 0 , FEIN 59-6000302 - -
•--- -
03/29/ So
,=
�r 3, 126. 34
CHECK ATE: 04/10
01 NUMBERS 94293
i
qe��a`le;L C^GZC�G REPUBLIC SECURITY BANK
100 West D 63-9061/2670
Dania Beach B��Boulevard s ;
Florid Boulevard
3.3W4 CHECK []
PAY EXACTLY three t 0 9 4 2 9 3`
housend, one hundred t 83x
en 94293 34
.4 and 34/AFTER 90 DAYS
r
DEPARTMENT OF ENVIRONMENTAL PR
RECEIPTS SECTION J
PAY POST OFFICE BOX
To THETALLAHASSEE, FL 3070 1
�RDER 32313 i
3070 J
Y NO -NEGOTIABLE 6.34
110094293v 1: 26 ?090
6 b ?i: 23 "3 2 2066io
CITY OF DANIA BEACH
TAX EXEMPT NO. 16-01-196494-54C FEIN 59-6000302ME-
,
• e
,
:. •�.4401 22 = = 200.00
•,
RDER NO.
CODE
MANUAL CHECK
LEASE f 0 2100966
1
REPUBLIC SECURITY BANK 'OTAL'
'low 63-9061/2670
100 West Dania Beach Boulevard CHECK 0 9 4 4 4 7:
Dania Beach,Florida 33004 '
b p
VOID AFTER 90 DAYS
795 4/19/01 ***200.00
DEPARTMENT OF ENVIRONMENTAL PROTECTION 3900
RECEIPTS SECTION
PAY COMMONWEALTH BOULEVARD MS 130
TO THE
ORDER TALLAHASSEE FL 32315-3070 ' NPN-
.. � i ECG BLE
a®094447110 1e 2670906 01: 23 19 3 2 206611°
Department of
® w FLOR '1 Environmental Protection
—' Marjory Stoneman Douglas Building
Jeb Bush 3900 Commonwealth Boulevard David B.Struhs
Governor Tallahassee, Florida 32399-3000 Secretary
March 16,2001
Mr.Michael Smith,City Manager
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach,FL 33004
BOT Lease No.062100966
Lessee: City of Dania Beach
Dear Mr.Smith:
Enclosed is a lease instrument which requires acceptance by your notarized signature as City Manager of the City of Dania Beach
(two witnesses required). Pursuant to Chapter 695,Florida Statutes,the name of the person executing the instrument,the two
witnesses,and the notary public must be legibly printed or typewritten directly below that person's signature.
Please execute and return the enclosed instrument within 30 days after receipt of this letter. Upon receipt and acceptance,we will
transmit the lease instrument for final departmental execution. A fully executed copy will be provided to you for your records.
Also enclosed is Invoice No.22 for the amount of$200.00 covering the lease fees due on this account. The check should be made
payable to the Department of Environmental Protection and mailed to the letterhead address(Mail Station 125). Please include
lease No.062100966 on the check to ensure proper deposit. Payment is due within 30 days after receipt of this letter.
Your cooperation and assistance are appreciated. If you have any questions regarding this matter,please feel free to contact me at
the letterhead address(Mail Station No. 125)or at(850)488-2297.
Sincerely,
Frat k Votra,Planner
Bureau of Public Land Administration
Division of State Lands
IN
Enclosures
By certified mail
''More Protection, Less ProccsS"
Printed on reryded paper.
DEPARTMENT OF ENVIRONMENTAL PROTECTION 3900 INVOICE#: 22'
} >^•�r COMMONWEALTH BLVD
,a TALLAHASSEE, FLORIDA 32315-3070 MS 130 INVOICE DATE: 03/14/2001 �J
A "- SQ.FEET 125710 .
FLORfb
TELEPHONE: (850)488-2291
LEASE# 062100966_
TO: CITY OF DANIA EXPIRES 4/1/06
100 WEST DANIA BEACH BLVD P.O.BOX 1708 TYPE LEASE—
LESSEE NAME: CITY OF DANIA
COUNTY:
TERMS: DUE ON OR BEFORE DUE DATE LATE CHARGES: 12%PER ANNUM
z q
04/14/2001 ! RENEWAL PROCESSING FEE f ��, - $200.00
$0 00
i $0.00 I
$0.00
$0.00 y
SALES TAX $0.00 J
TOTAL DUE: — —$200.00
SPECIAL INSTRUCTIONS OR COMMENTS
I
I
TO INSURE PROPER CREDIT TO YOUR ACCOUNT
1. Return one copy of this invoice with your paym
2. Make your check payable to DEPARTMENT OF ENVIRONMENTAL PROTECTION.
3. Address envelope exactly as printed on top of this inv
4. Reference your lease number on all correspondence and checks submitted to this
OFFICE USE ONLY
21011 $o 00 } 21010 —_$O,00_1 21012 $o.00 l 21013 F$o 00 1 21015 70 a
21017 Y -$0 00 21023 �$OAO 7 21019 v _$0;00_j 01018 ($200.00)� 25004/1 $0.00 J
Organization Code: 3710100000000/Dl SAMAS Code: 3720240800137100000000_00 Vendor Code:
r
® BILLING INFORMATION FORM
PAYMENTS FOR LEASE NO.
TO BE HANDLED BY
Billing Contact Person:
Street Address:
Post Office Box:
City:
State: Zip Code:
Telephone Number: ( )
Area Code
Fax Number: ( )
Area Code
SALES TAX CERTIFICATION/EXEMPTION
Six percent(6%)sales tax is due on each lease fee payment unless the Lessee can claim an
ownership exemption. I/We are exempt from sales tax for the reason checked below.
[ ] Government Agency: (Exemption Number)
[ ] Exempt Organization: (Exemption Number)
[ ] Lease and collect sales tax on all available dock spaces.
® (Sales Tax Number)
[ ] Lease and collect sales tax on some available dock spaces but fully assume the
responsibility to remit six percent sales tax on that portion of space on which
no sales tax is charged.
(Sales Tax Number)
[ ] None of the above can be claimed.
LESSEE/SECTION 24.115(4),F.S.DATA REQUIRED
If Lessee is an Individual/Individuals(use supplemental sheet,if required):
Social Security Number:
Date of Birth:
/Month/ /Day/ /Year/
If Lessee is a Business/Corporation,Federal Employer Identification
Number:
--------------------------------------------------------------------------------------------------------------------
UWe certify that the above information is correct and agree to NOTIFY THE BUREAU OF
PUBLIC LAND ADMINISTRATION'S ACCOUNTING SECTION AT(850)488-2297
within 30 days of the date of any change in the above designated billing agent,phone
number,fax number or Lessee's tax status.
Signed.
Lessee/Authorized Entity Date
For Recuiuig Revenue Section Use Only �i 1
Billing Form to Accountant:-'
Ongmator'.s signature
Data Entered by Accountant '
�Accoun fant s signature 't
i
62-031(16)
4/98