HomeMy WebLinkAboutR-1992-079 79-92
RESOLUTION NO-
IA,
A RESOLUTION OF THE CITY OF DANIA, FLORIDA
APPROVING SOVEREIGNTY SUBMERGED LANDS LEASE
BETWEEN THE CITY OF DANIA AND THE BOARD OF
UST
OF THE
FUNDTEES OF THE STATE OFT FLORIDA, RELATING IMPROVEMENTTORTHE
DANIA FISHING PIER; AND PROVIDING FOR AN
EFFECTIVE DATE. "
COMMISSION OF THE CITY OF DANIA,
BE IT RESOLVED BY THE CITY I
FLORIDA: I
I . That that certain Sovereignty Submerged Lands
Sect:
Lease between the City of Dania and the Board of Trustees of the
Florida, a copy of
Internal Improvement Trust Fund of the State of
fwhich is attached hereto as Exhibit "A" , be and the same is hereby li
appropriate city officials are hereby directed
approved, and the appro p
to execute same.
olution shall be in force and take
Section 2. That this res
its passage and adoption.
effect immediately upon p 1992.
PASSED and ADOPTED this 26th day of May ,
MAYOR - MISSIONER
ATTEST:
-
'CITY CLERK - AUDITOR t '
APPROVED AS TO FORM AND CORRECTNESS:
t
FRANK C. ADLER, City Attorney
4 '
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79-92
Resolution No.
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This Instrument Prepared By,
Karen Lee GArris—
ureau o Su0eer9ed Lards and Preserves -
3900 CooMO-wealth Boul.vord
Mall Station No. 135
Tallahassee, Florida 32399
BOARD OF TRUSTEES or THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBHERGED LANDS LEASE , .
No, 062100966
THIS LLASE 1s hereby issued by the Board of Trustees of the Internal f
Improvement Trust Fund Of the State of Florida, hereinafter referred to as the 4
Lessor. C .
NITNESSCTH, That for and in consideration Of payment of the annual leas (
� fse. hereinafter Provided and the faithful and ilselY performance of and I
I
compliance with all terms and conditions stated herein, the Lessor does hereby ,
'.� lease to City of Dania hereinafter referred to as the Lose", the
sovereign lands described AA follows, � ;
A parcel of sovereign submerged land in Section 36
Township 50 South , Range 42 East In Atlantic Ocean ,
BrwarO�ncy. contain n�q�13 710 —.Fluar. a¢C, more
or us, se 1. more particularly sp sepi�ed and shorn on Attachment
A, dated April 10, 1992
TO HAVE Tf1E USE OF [ea ha relnabose described promises for • period Of 5
� .'
years from April 1, 1991 the effective date of this lea**. The terms � .
I
i and conditions on and for which this lease is granted are As f011we,
3. The Gea¢¢ !s M[eay euthorlted to operate exclusively a fishing pie[
used In can unction wltn tM u land Balc/Tackle Shop and restaurant , without
fueling facilities, . t we .swage pumpou[ --- t se, an w1t out
liv¢aboards, se shown an Conditioned in Attachment A, and the Department Of
Environmental Regulation Permit No. , dated
Attachment B. ,
2. The Lessee hereby agrees to pay an initial annual lease lee, plus e4100
sex pursuant to Section 212.031, Florida Statutes, if applicable, of ! 1 589.13 y
w lthln 70 days of the data of receipt of the invoice. The annual for or the
remaining years of the lease shall be adjusted pursuant to Provisions o! Section
18-21.011, Florida Administrative Cods. The Lessor will notify the Lessee in
writing Of the amount and the due date of the annual payment. Tea lease fee shall
be remitted Annually to the Department of Natural Resources as the agent for the
Lessor, beginning with the effective and due date of this lease, and each year
thereafter until the term of this lease terminates or expires.
7. The Lessee shall pay a late charge equal to interest at the rate of <
twelve percent (12%) per annum from the due data until paid on any lease fees or
other charges due hereunder which are not paid .!thin 70 days of their due dates. v'
- i C. The Lessee shall provide upon request by the Lessor any and All
information in a certified form needed to calculate the lease foe specified in
paragraph two (2) above. The Lcaeor reserves the right to Assess retroactively
_ addlt Tonal payments when the actual rental rates or total number o[ linear last '
for rant used to determine the annual payment differs from the renal [Arse or E i
total number of linear feet for rent supplied by the Less". 1` 34
EXH I BIT "AFY
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mt ux `-. . . �.-.or._._�'9.aci_urr_a•,m<a+LvrtS.1d6.,�� .,r.,-,.., _.- ..
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S. For purposes of this lease, the Loasor is hereby specifically
authorized and aepawored to examine, for the term of this lease including any
extensions thereto plus three 11) additional years, at all reasonable hours, the
books, records, contracts, and ocher documanta confirming and pertaining to the
computation of annual lease payments an specified in paragraph two (2) above.
6. The Loses. shall secure, maintain, and keep all records for the entire
tare of this lease, plus three (1) additional ya are. This period shall b,
estanded for an additional two 12) yesrs upon request for examination of all
records and accounts for lease paymant verification purposes by the Lessor.
j
7. This esa se 1s given to the Lessee to use or occupy the leased prior
for thane purposes approved
dad herein. TM Lesass shall, within ten days pr for to
any change in the app Lewd use at the sovereignty pro lends or changes
whereupon
upland
activity, notify the Lessor in writing of cM proposed sad pursuant
whereupon the
Lessor shall be authorized to ad)ust and prorate (eas putessnc co Chapter 18-21, f '.
Florida Administrative Code, if applicable. t{r
S. The Lesson shall make no claim of title or interest to said lands
herelnbefore described by reason of the occupancy or use thereof, and all title j
.;� and Interest to said land hereinbefore described is vested in the Lessor. 1
9. This lease shall not be assigned or otherwise transferred without prior
written consent of the Lessor or Its duly authorized agent. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void
and without legal effect. -
10. During the term of this lease, the Losses shall maintain a leasehold or
fes simple title interest in the adjacent upland property and if such interest in
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, Losses shall inform any potential buyer or transfer" Of the
.-•.-.. . .. .. -,w.W4m.. •• Lessees upland property interest of the existence of this lease and all its tares '
and conditions and shall complete and execute any documents required by the Lessor I -
to effect an assignment of this lease, if consented to by the Lessor. Failure to
do so will not relieve the Leases 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.
11. The Leanne shall investigate all claims of every nature at Its expense, '
and shall indemnify, defend and save and hold harmless the Lessor and the State of
Florida from all claims, actions, lawsuits and demands arising out of this lease.
22. Lessee waives venue as to any litigation arising from matters relating
to this lease and any such litigation between Lessor and Lessee shall be initiated
and maintained only In Leon County, Florida.
23. The Losses binds itself, its successors and assigns, to abide by the
provisions and conditions herein not forth, and said provisions and conditions
shall be deemed covenants of the Lessea, it successors and assigns. In the event
the Lessee fails or refuses to comply with the provisions and conditions herein
eat forth, or in the event the Losses violates any of the provisions and
conditions herein, this lease may be terminated by the Lessor upon thirty (00)
days written notice to Losses. If cancelled, all of the above-described parcel of
land shall revert to the Lessor. All costs and attorneys- fees Incurred by the
Lessor to enforce this provision shall be paid by the Lose". All notices j
required to be given to Losses by this lease or applicable law or administrative
rules shall be sufficient if sent by U.S. Mall to the following address
..•.•.•.. . . . .•.. .• City of Dania
100 Meet Dania Beach Boulevard
Dania, Florida 30044
The Less" shall notify the Lessor by certified mail of any change to this address
at least tan (10) days before the change in effbctive.
14. The Leeasa shall assume all responsibility for liabilities that acci'ie t
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.
Page 2 of Pages
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Soveray Su rged Lands Lease No. 062100966
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.5. The Lessae shall not permit the Ioaaed pray"*a or any part thereof to
be used or occupied for any Purpose at business other than nerein spec-fled mi:eas
ur
such proposed use and occupancy are consented to by tie Le@mor and the Fosse is
exi tfied accordingly, nor @hall Losses knowingly permit or suffer any nuisances or
Illegal operations of any kind on the leased promises.
16. The Lessee shall maintain the leased premises in good condition,
keeping the structures and equipment located thereon in a good state of repair in
I the interests of public hoolth, safety and welfare. No dock or plar shall be
' constructed In any manner that would cause harm to wildlife. The Lased premises
shell be subject to inspection by the Lessor or its designated agent at any -
rsason@ble time.
17. The Loss" shall rot permit any vessel required to b , registered or -
titled under Florida law to moor or dock within or otherwise use the leased srea ,
unless such vessel is registered or titled in accordance with Chapter 327 and 328,
Florida statutes.
10. The Lessee shall hot discriminate against any individual because of _
' that individual•@ race, color, religion, sox, national origin, age, handicap, or
marital status with respect to any activity occurring within the area subject to
this lease or upon lands Adjacent to and used so 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 the form at forth in Attachment C , In a
prominent and visible location on the leased premises or adjacent Euslness office
of the LeUN. It shall be the responsibility of the Lessee to post the placard
In a manner which Sill provide protection from the *laments, and, in the event
that said placard becomes illegible at any ties during the term of this lease
(including any extensions thereof), to notify the Lessor in writing, so that a
replacement may be provided.
39. No failure, or succoslve lalluras, an the part of the Lessor to
enforce any provision, not any solver or successivesolvate on Its pact 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 renaial
thereof or in the event of subsequent breach or breaches.
20. Upon expiration or cancellation of this lease all permission granted
hereunder shall cases and terminate.
21. Renewal of this lease shall to At the sole option of the Lessor. such
- �? renewal shall be subject to the terms, conditions and provisions of management � .
standards and applicable lake, rules and regulations in effect at that time. In
Cho event that y In w is In full compliance Such the terms Of this renewal
the
Leseiv may apply on writing for n renewal. such application for renewal met be
received by Lessor no sooner rigi than 320 days and no leer than 30 days pilot to the
granted by the of the hal/Leal or currant term hereof. The term of any arenewal
m.
granted by the Lessor stall ycomments an the lest day of the previous lane@ term.
If the grant
Lessee fells to timely apply for • tenthel, or In the even- the ssoveLessora does
not grant a renewal, the Losses shall vacate d t leased t its es and remove all -
atrueturae and equipment occupying and erected thereon at lea expense.
22. If the Lessee does not remove @aid structures and equipment occupying
and erected upon the leaned premises after expiration or cancellation of this "
lease, such structures and oqulpmant 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
Lesson at the address specified in Paragraph 13 or at such address on record as
' provided to the Lessor by the Lsssw. However, such remedy shall be in addition -
to all other remedies available to Lessor under applicable laws, rules and
regulations including the right to compel removal of all structures and the right
to impose administrative fines.
23. Any costs incurred by the Lessor in removal of any structures and
equipment constructed of maintained an State lands shall be paid by Loss" and any
unpaid costa and expenses shall constitute a lien upon the interest of the Lessee
In its uplands enforceable in summary proceedings as provided by Law. 'r
24. The Lessee, at its own expense, shall record this lease and any -
subsequent approved renewal and/or modified leases In the official records of the
county within which the lease mite is located within ten (10) days after receipt
of a fully executed copy of this lease, and shall provide the Lessor with a copy
of the recorded lease indicating the book end page at which the lease is recorded.
i Page 3 of Pages -
Sovorcrgnty Submerged Lands Lease No. 062100966
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25. In the event that any part of any structure authortred hereunder is i
deterelnad 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 free the affected riparian
owner or to remove the interference or encroachment within 60 days from the date I -
of the adjudication. Failure to comply with this paragraph shall constitute a r
material breach of this lease agreement and shall be grounds for lsmsdlate
termination of this lease agreement at the option of the Lessor.
i 26. This lease is the entire and only agreement between the parties. Its _
provisions are not severable. Any amendment or modification to this lease moat be
In writing and must be accepted, acknowledged and executed by the Levee and
Lessor.
27. Lease, shall place and maintain covered, secured trash receptacles,
preferably of 50 gallon capacity, of a sufficient number and at appropriate
locations on the ovwrwater structures within the leased area to encourage facility
users to discard litter in an acceptable manner and prevent litter free Ming
discarded into the water, of the State. Immediately adjacent to the trash
receptacles, Lass" shall post signs the SLIM of Mich shall M at least as largo
as 18" x 24- with whit*'lettering on green background to carry an appropriate
message such as DON'T BE A LITTER BOG; PLEASE PLACE TRASH IN RECEPTACLE; or TRASH
RECEPTACLE.
2B. No permanent or temporary signs directed to the Mating public
advertising the sale of alcoholic beverages shall be erected or placed within the �.
leased area. No restaurant or dining activities are to occur within the leased
f area. The Lessee shall ensure that no permanent, temporary or floating
1 � structures, fences, docks, pilings or any structures whose use is not water-
I� dependent shall be erected or conducted over, sovereignty submerged lands without 1
prior written consent from the Lessor. In addition, the Lessee Shall not
undertake any repair or renovation activities within the leased premises without
^••-�•- first obtaining the written consent of the Lessor. Unless specifically authorised
In writing by the Lessor such activities or structures shall be considered ,.
unauthorised and a violation of Chapter 251, Florida Statutes, and shall subject
- the Lessee to administrative fines under Rule 18-14, ►lorida AxImhnistrative Code.
29. SPECIAL LEASE CONDITIONS,
e. Lessee ahall comply with all terms and conditions of the Division of -
Beaches end Shores Permit No. 80-288 and no activities other than those depicted
In the Department of Environmental Permit sha11 occur within the lease area until �.._
such beaches and Shores permit has been issued.
b. Should a field survey be alterrequiredthan
In the future that setebl Lhes that
the exact total preempted area is smaller Chan what was originally sets that CM
exact
will not creeds leas [es„ and, If CM which
survey originally
that o t
exact total preempted area is larger than that rhlch was the error esulted free
the
Leeasa will not be assessed lessee teas in arrears unless the error resulted from
inaccurate information being supplied by the Lose".
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Page a of Pages iryh 'M�M
Sovereignty Submerged Londe Leese No. 062100966 "
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t,.� NITMGSSYS, BOARD Or TRU
STE
ES Or THE :NTNAL
I NPPO':LMEnT .RUST rung Or THE STATE Or
rLORIOA
Urigin,l Signature (SEAL)
1 YP• tint .[. o itn*aa BY
,y S remor E. A.andey, Chief. Bureau o
for the
Lando and Presest"& of Agent
for tM Bard o! :ruetees of the
'i Original gnature Internal Improreeent Trust Fund -
"LESSOR^
y Print Nan* of tnsss
-- STATE Or FLORIDA -
COUNTY Or LEON
The foregoing Instrument vas acknowledged before ex, this day of "
• 19 , by Micha*1 E. Ashey, Bureau Chief , v he Is personally
noun to m. and who did not Cake an oat -
APPROVED AS TO FORM AND LEGALITY,
Notary Public, state o or
R Attorney
Printed, Typed or Stamped hass,
My Commission Expires,
Comaisalon/Serial No.
WITNESSES, City of Dania (SLAL)
Lessee
By
( Original Signatura Original Signature of ExecutIng Authority
Typed/PrLnted Nana of Witness Typed/Printed Wasma, of Executing Authority
J F
f cna irman -
t e o Executing Authority
ty �
original signature
^LESSEE^
) Typed/Printed Name o N chess
STATE OF
COUNTY OF ,
The foregoing inotruoent was acknowledged before me this day of
19 , by
Who
is persona y knoum cto m an w o d ( not) take an oat
D>
My CGmm Lesion Expires: )
Notary Public, State o
Coamiselon/Serial No. Printed, Typed or stav,pad Name
`Ao
Page s of Pages P
Sovereignty Submerged L4nds Lease No. 062100966
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Upon receipt of the Department of Environmental Regulation Permit, it will be
included as Attachment B and the pages will be nuabeced accordingly.
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} i LEGAL DESCRIPTION FOR SUBMERGED LAND LEASE Q DANIA PIER
,
A portion of HOLLYWOOD CENTRAL BEACH according to the plat as recorded
in*Plat Book 4, at page 20-D of the Public Records of Brow•ard County, Florida.
II b-ing more particularly described as follows:
Commence at the Northeast comer of Block 203 of the aforementioned plat of
HOLLYWOOD CENTRAL BEACH and proceed 502-02-24E, along the Easterly
line of said Block 203 for 53.45 feel; thence the following courses and distances:
S86-12-58E. 267.15 feet; NOS-14-16E, 861.86 fxt; 540-55-37E, 138.63 feet: S
1:6.00-03E, 205.56 feet to the intersection with the Erosion Control Line a3
rcco-dcd in Miscellaneous Plat Book 3, at page 49, of the Public Records of
Brov:ard County, Florida; thence N0641.47E, along slid Erosion Control Line,
16',.70 to the POINT OF BEGINNING of the following described parcel: thence,
departing from said Erosion Control Line, 581-56-06E, 692.24 thence
SO4-0-54W,23.50 feet;thence S81-56-06E,40.00 feet;thence NO8.03-54E,80.00 1
feet: thence N81-56-06W, 40.00 feet; thence SO8-03-54W, 24.00 feet; thence
N8i-56.06W, 693.02 feet to the intersection with the aforementioned Eros!on
Control Lila; thence :dons said Erosion Control Line, 5064147W, 32.51 feet to I
the POINT O"BEGINNING;containing 25710 square feet more or less.
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W L HERL3Y CERTll Y t1.it the at:a x
chcd SUBhIERGED LAND LEASE SURVEY is a tn
• and cOrt:ct rcprc<cn¢!trn of the pmpMy ac recently surveyed under my direction. y1'E 7 -�
•- - -• FUItTI iE1'CLR7 1 FY that this survey complies with the minimum technical standards as set
• ... forth by tnc Flonda Bcard of Land Surveyors in cute 21-HH.
j i rofcsdonai Lend neyor No.4t
Stz:e of Florida
Attachment A H + Mx
Page 6 of Pages
SSLL No. 062100966
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Attachment A N
Pace T of Paces
SSLL No. OE210096E '
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The docking structures located on the public Las estructuras de muella situadas en fas f
lands are under lease from the Florida aerras p6bbeas son soJelas a arrendarmento I I
Board of Trustees of the Internal do El Conselo de Admmistradores del
I Improvement Trust Fund As a CO,,&-on of Fe^^_a C .—A.K!e;dram:ento Inferno de t
that lease,the lessee Is prohibited from )a Florida. Como condict6n do este I +.
discriminating on the bans of an mdrvidual's arrendamlenio,of arrendador sera prohlbfdo t
+ 1 race,color, religion, sex, national origin, descnminar por causa do raza.color,
age.handicap or manta)status in the rental religion, sexo,ongen national,edad, I ;
1 or use of those structures. incapacitacl0n o estado CIVd. i
1
1 Persons denied equal right to rent or use the Las personas a quietus se les hays negado
1 docking structures Included within of derecho de igualdad at arrendar o usar I _
Sovereignty Submerged Land Lease las estructuras de muelle incluidas denlro
Number 062100966 de la Soberanla de Tiorras Somergidas para
1 may file a complaint with the: Arrendamiento Numero_96210g966_
1 pueden presentar una quela at
ourwvrmt of Natu,81 riesa s Depenx ui a Recvsos Nelw"s
Dbw of safe Lxnft DmsC de T rru del Esfedo
09M Ca memirn mm [Wil e Mai slatxm Nwlrom ISO
1 Jl"j;y
{ 1 LUJ Sulxo Number 150 0900 Commo "Wm 9W
1 Ta'Wressae,FL 02099'X= TNlaruswe,FL 32390 3000 '
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CO: M4)4e6.62e2 Uame et: (90e)466 6242 I
1 PrlVean9slwrlel le+wsupaearwsl I Fv'
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Attachment
Page of Pages
SSLL No. 062100966
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