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HomeMy WebLinkAboutR-2016-063 Authorizing to Execute a Sovereignty Submerged Lands Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund (State of Florida) - Land Beneath the Fishing Pier. RESOLUTION NO. 2016-063 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 funding for the lease was approved and appropriated by the City Commission in the FY 2016 budget Pier Fund Rentals and Leases Account #405-72-15-572-44- 30. 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 on May 24, 2016. ATTEST: 'S FrRs� LOUISE STILSON, CMC O A. SALVINO, SR. CITY CLERK AYOR APPROVED AS TO ORM AND CORRECTNESS: THOM S J. A S$RO CITY ATTORNEY This Instrument Prepared By: Celeda Wallace Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee,Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL TIVIPROVENIENT TRUS T FUA•iD OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL BOT FILE NO.062100966 THUS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to City of Dania Beach,Florida,hereinafter referred to as the Lessee,the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 36, Township 50 South,Range 42 East,in Atlantic Ocean, Broward County,Florida,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 1,2016,the effective date of this lease renewal,through April 1,2021,the expiration date of this lease renewal. The terms and conditions on and for which this lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a commercial fishing pier to be used exclusively for passive recreation/fishing in conjunction with an upland bait and tackle shop and restaurant,without fueling facilities,with a sewage pumpout facility,and without liveaboards as defined in paragraph 26 as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. [02-061 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of$4,419.70,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 this lease shall be adjusted pursuant to provisions of Rule 18-21.011,Florida Administrative Code. The State of Florida Department of Environmental Protection,Division of State Lands(the"Division")will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease tees due hereunder shall be remitted to the Division as agent for the Lessor. 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A)The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2)above,including the income,as defined in subsection 18-21.003(31),Florida Administrative Code,derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent(6%)of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011,Florida Administrative Code,for any lease year during the term of this lease,the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B)The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party,the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent(6%)of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt,shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder.(C)The Lessee shall submit to the Lessor each instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third parry annually at the same time the Lessee submits the required Annual Wet Slip Revenue Report to the Lessor.Any breach of this lease condition shall constitute a default under this lease. 4.LATE FEE ASSESSMENTS: The Lessee shall pay a laic payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date.This assessment shall be computed at the rate of twelve percent(12%)per annum,calculated on a daily basis for every day the payment is late. 5. EXAM NATION 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 maintain separate accounting records for: (i)gross revenue derived directly from the use of the leased premises,(ii)the gross revenue derived indirectly from the use of the leased premises,and(iii)all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure,maintain and keep all records for the entire term of this lease renewal plus three(3)additional years. This period shall be extended for an additional two(2)years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein. The Lessee shall not(i)change or add to the approved use of the leased premises as defined herein(e.g.,from commercial to multi-family residential,from temporary mooring to rental of wet slips,from rental of wet slips to contractual agreement with third party for docking of cruise ships,from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats,from loading/offloading commercial to rental of wet slips,etc.);(ii)change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit;or(iii)change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable,the Lessor's written authorization in the form of a modified lease,the payment of additional fees,if applicable,and,if applicable,the removal of any structures which may no longer qualify for authorization under the modified lease. Page 2 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 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 RLPAR1AN UPLAND PROPERTY: During the term of this lease renewal,the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph I8-21.004(3)(b),Florida Administrative Code,in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease,this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease,the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property,the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease,if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,but are not limited to,payment of all fees and/or penalty assessments incurred prior to such act. 10. ASSIGNMENT OF LEASE RENEWAL: This lease renewal shall not be assigned or otherwise transferred 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 this lease,current management standards and applicable laws,rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the 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. 12.NOTICES/COMPLIANCE/TERMINATION:The Lessee binds itself,its successors and assigns,to abide by the provisions and conditions herein set forth,and said provisions and conditions shall be deemed covenants of the Lessee,its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth,and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty(20)days of receipt of the Lessor's notice to correct,this lease may be terminated by the Lessor upon thirty(30)days written notice to the Lessee. If canceled,all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S.Mail to the following address: City of Dania Beach,Florida 100 West Dania Beach Boulevard Dania,Florida 33044 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten(10)days before the change is effective. 13. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon,including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease renewal. Page 3 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 14. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly,nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 15. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition,keeping the structures and equipment located thereon in a good state of repair in the interests of public health,safety and welfare. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 1.6. 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. 17. ENFORCEMENT OF PROVISIONS: No failure,or successive failures,on the part of the Lessor to enforce any provision,nor any waiver or successive waivers on its part of any provision herein,shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 18. PERMISSION GRANTED: Upon expiration or cancellation of this lease renewal all permission granted hereunder shall cease and terminate. 19. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms,conditions and provisions of management standards and applicable laws,rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease,the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal,the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease renewal shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B.which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 20. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease renewal,such structures and equipment will be deemed forfeited to the Lessor,and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten(10)days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 12 or at such address on record as provided to the Lessor by the Lessee. However,such remedy shall be in addition to all other remedies available to the Lessor under applicable laws,rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 21. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease,any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 22. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a 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. Page 4 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 23. AMENDMENTS/MODIFICATIONS:This lease renewal is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease renewal must be in writing,must be accepted, acknowledged and executed by the Lessee and Lessor,and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment.Notwithstanding the provisions of this paragraph,if mooring is authorized by this lease,the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that(a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not increase the mooring capacity of the docking facility. 24. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent,temporary or floating structures,fences,docks,pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,relocation/realignment or major repairs or renovations to authorized structures,shall be erected or conducted on or over sovereignty,submerged lands without prior written consent from the Lessor. Uniess specifically authorized in writing by the Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this agreement. 25.COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises,the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 26.LIVEABOARDS: The term"liveaboard"is defined as a vessel docked at the facility and inhabited by a person or persons for any five(5)consecutive days or a total of ten(10)days within a thirty(30)day period. If liveaboards are authorized by paragraph one(1)of this lease,in no event shall such"liveaboard"status exceed six(6)months within any twelve(12)month period,nor shall any such vessel constitute a legal or primary residence. 27.GAMBLING VESSELS: During the term of this lease and any renewals,extensions,modifications or assignments thereof,Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships,or vessels that are used principally for the purpose of gambling,when these vessels are engaged in"cruises to nowhere,"where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country,and any watercraft used to carry passengers to and from such gambling cruise ships. 28. SPECIAL LEASE CONDITION: Should a field survey acceptable to the 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 the total preempted area shown by the survey. Any such adjustment shall be effective from the date of the acceptable survey and shall be prospective only. No reimbursement or credit shall be given to the Lessee by the Lessor for overages,and no charge shall be imposed by the Lessor for shortages unless the error resulted from inaccurate information supplied by the Lessee. Page 5 of 18 Pages Sovereignty Submerged Lands Lease No.0621.00966 IN WITNESS WHEREOF,the Lessor and the Lessee have executed this instrument on the day and year first above written. WTINESSES: BOARD OF TRUSTEES OF THE INTERNAL MPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Cheryl C.McCall,Chief,Bureau of Public Land Administration, Division of State Lands,State of Florida Department of Environmental Protection,as agent for and on behalf of the Original Signature Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Printi°Type Name of Witness STATE OF FLORIDA "LESSOR„ COUNTY OF LEON The foregoing instrument was acknowledged before me this day of 20 by Cheryl C. McCall Chief Bureau of Public Land Administratio Division of State Lands State of Florida Denartment of Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED SUBJECT T PROPER EXErj . ON: Notary Pubfic,State of Florida DEP A t ate Printed,Typed or Stamped Name My Commission Expires: Commission/Serial No, Page 6 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 City of Dania Beach,Florida, WITNESSES: a Florida munici al co oration (SEAL) BY: Original Signature Original Signature of Executing Authority Marco Salvino,Sr. Typed/Printed Name of WitnessTyped/Printed Name of Executing Authority Mayor 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 Marco Salvino, Sr.as Moor,for and on behalf of the City of Dania Beach,Florida a Florida municipal corporation. He is personally known to me or who has produced ,as identification. My Commission Expires: Signature of Notary Public Notary Public,State of Commission/Serial No. Printed,Typed or Stamped Name Page 7 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 Bing Maps 45 N Beach Rd, Dania, FL 33004 G John U Uoyd Beach State Park AL Atlantic Ocean O ra v 45 N Beach Rd, Dania,FL 33004 a G C` Attachment A Page 8 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 LEGAI,DESCRIPTION FOR SUBMERGED LAND LEASE @ DANIA'PIER. P A;)ortiw of HOLLYWC)OD CEN-FRAL,BEACH ac=,Ird-1119 0`aYi0 Plat as'xC0:7dCd in Mai Book 4, at page 2C-D of the P*abiic Records ofRrow CO-UMV, "Flonda' b-ing more particularly described as follovrs: of Connn-cnce at the NorCrteagt comer of Block. 203 of the 06re,�,-Lnej&,,!on--d plept HOLL YWOOD CENTRAL BEACH and proceed S02-02-24B,along the E-eswrly Hne of said Block- 201 for 53.45 feet; flac'nee the fool io-VA'rig cours-Wis) and disfoancg'-S: SM-12-58E, 267.15 feet; IN05-14-16E, 861.86 feet; S40-55-37E, 138.63 feet; S 96-0,03E, 205.56 feet to the inteisection with the Erosion Control as recorded in MiscclianeTjs F4t Book 3., at page 49, of dhe Public Records o- -!* Broword County, Florida, thence N06-41-47E, a-long said Erosion Cone of IL AM" 367.70 to the POINT OF BEG',NNWG of the following described parceh thence, departing prom said Erosion Control Line, S81-56-06E, 692.24 then= SOS-03-541W,23.50 feet;thence S81-56-06E-,40,00 feet;thorole NOS-03-54E, 80.00 -fee.; thence IS181-56-06W, 40.00 sect; t1hence, S08-03-54W, 24,00 thtnce N81-56-06W, 693.02 feet to the intersection with Vae aforem-entioned Erosion I , '1� 1 Control Line; thence along said Erosion Coravul Line, S06-41-47W, 3-1.5 5p,P,t V, ti-e POINT OF BEGINNING;containing 25710 wnare feet more ear less. WELAND LEASE SURV- is p-E? WT CERTil that the attached SUB MERGED F jhe vmj)c�jt�j as mcently surveyed un y direction. WE any correci i7epiesertation of der Fr gjR-1 g'_FK CEP,, fiat this survey complies with the minimilm,technicp I star Waxeis 25 se I I for&,by the-�7'orid:a F)oavd of Lwid Surveyors in-rw'e 2 Wkilialro 0.HTtl igh +/1011 Z- +1 SwveyorNo.4632 Stato of F i;ei& T LANDLEA SZR SURVEY FO NK DANIt,. FISHING PIER Attachment A Page 9 of 18 Pages Sovereignty Submerged Lands Lease No,062100966 i W Gc7 W AY LAN TI C O C E A N �. ru�i 1ah4P1 "'� .� ar'•�:ma. s I ccaxs m a:cr a� L Ej E gq O F!� N i ! 5 b•is I , Ill dEg � I o ' K4 I 1 v oc�uc r-a w na mn^t mrt ws mrcxur f ,:�•... �•�au*xaq„x xn.n`aan n casxn tm•,ao � v. �;r•y.ux monz F-Ir,.a�.aKn.c,sm•vrree � !$�..� 1 'O 1 .war ir.aaa.. •wrt,�a w,c..za,ter c,-.ri Wiz. l l sir vP tta xa c^sr x.=:s.;ecr a icr woo axes ew—'m:�.,scv.•r :s:;: l-. ;% ` :-a >�-��,a e¢.estr w+asmro:..ran w�:e. �✓t ✓ .b 00 U a.".,`n`"` a°.`ew°�a nw••�r`0x onme oasis or a�a rrtez� _ _....,�I. 7A � `h actioc wmu n ncva.,m rcr,eivrsro rr.�:erg i _xa_sx ' cC• f1 a:om�.a�'is•r s,.,w.n na.xtw�rrr.r.� d. U L q+�i Xa.noa r.nvrn td to j V) 1 ORDINANCE NO. 13 98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, CHANGING THE NAME OF THE CITY OF DANIA, FLORIDA FROM "DANIA" TO "DANIA BEACH", AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE UPON THE APPROVAL OF SUCH NAME CHANGE BY A MAJORITY OF THE ELECTORS OF 'THE CITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,4 is the desire of the City Commission of the City of Dania, Florida that the public be 0orded the opportunity to deride as to whether the name of the City of "DaniaN should be changed to the City of"Dania Beach";and WHEREAS,the Dity Commission desires to,place this issue on the ballot of the November 3, 1998 election,for its citizens to decide; NOW, THEREFORE, BE IT ORDAINED 6Y THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA,THAT: Section 1. The name of the City of Dania,Florida shall be changed from"Dania"to the QVI of'Dania Beach",Florida. action 2. This Ordinance shalJ not take effect unless the same is approved by a majority ofthe electors of the City of Dania voting at an election to be held on November 3, 1998. Section . The ballot measure to be submitted shalt be in substantially the following form: ORDINANCE CHANGING THE NAME OF THE CITY OF DANIA FROM "DANIA'TO THE CITY OF"DANIA BEACH". Shall the name of thip City of Dania be changed from 'Dania" to "Dania Beach'? YES for approval NO for rejection l Page 1 ORDINANCE NO. .133-98_,_ Attachment B Page 11 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 I } If a majority of the electors voting upon: such question approve the adoption of the Ordinance, fhen this Ordinance shall be in full force and effect as provided below. If a majority of he electors voting upon such question does not approve the adoption,of the Ordinance,then this Ordinance shall be null and void. Section 4. If any sanction, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Secflon . This ordinance shall lake effect immediately upon its approvai by the electors. ► PASSED AND ADOPTED on first reading this 1114 day of August, 199$. PASSED AND ADOPTED on second reading this 25'"day of August, 1995. t ATTEST: WCILER K MAYOR-COMMISSIONER Roll Call: APPROVED AS TO FORM AND Mayor Cali-yes CORRECTNESS: Vice-Mayor Etlingyes Commissioner Bertinv yes Commissioner Hyde yes C IV Atto§W Commissioner Mikes yes &-%vw'4L WjA%UA WtC1rY NAME CHARGE-oRQ Q7C17/98tTi Page 2 ORDINANCE NO. 13 98 Attachment B Page 1.2 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 t CIaATIYE GENERA. ELECTION 13:4apm Nov 3 1998 SWUM CO[lJrITY, FLORIDA NOVEWLit 3,0 1998 City Of Dania- Precincts Cowted 8 1CID.007 Absentee Precincts Counted 7 100,00% Registered Voters 108248 100.00% " Bsllots Cast 40490 43.81% City of Dania _ Ordinwce Changing The Name iFrm '"Danial' To "Dania Beech" Yes for Approval 1,983 57.93% go for Rejection 1,440 42.07% City Of Dania Aa}exW Dania Charter To Provide For . The Employment Of Department Heads By The City tanager Yes for Approval 1,671 51.81% €o for Rejection 10,534 48.19% We, The ®raward Catty Canvassing Board, Do Hereby Certify The Above Election Results edge S rvi r Of E 'ons County Commis toner Attachment B Page 13 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 ' ,.•"_"�!^i,rl:.w.;r4.�..c.+•.,wy......`tiwW+w+►'+Ir'rwh►•ww � .,..«w.�r o � � .t 0C 4l�r Giii! ova 779 mas?.i TRUBTEES OF TEIE INPEJUJAL'IJ.S'ROVEi-tEZ1T FUND cp OF THE STATE OF FLORIDA DEED No._ 5.4D5; { KNOW ALL 1LEN 3Y THESE PRESENTS; .That the undersigned, ' the TRUSTEES OF THE INm.. T ..: m •, ,. �ii'tA., ItO�:�OVE'...Lt. FUND of the State of t Florida, under ceuthority of 1rrr, for and in consideratlon of the sure of Three hundred Elr;hty-six and 60/100 0336.60) Dollars } to.them in hand paid by the CITY OF DANIA, a municipal corpora-tion Of this 5tats located in Braward County, Florida, have granted, barNained and sold, and by these presents do grant, +� bargain, sell and convey unto the CITY OF DANIA, and its aucces- 00rat the following described lands in $coward County, Florida, 4 :+ to wit: . PAROEL 1: 'r1' "• Commence of the eo'rimon corner to Loto 71 and 7z 1 ri�4i•�. of Block 172, Hollywood Central BoAch Subdivision, AS recorded in Plat 3oos 4, Pn;e 20-D, 3rowa-•d t% �.5i County, at the east end of the boundary botween said lots; Thence Easterly in projection of said boundary ' 125 feet to the point or beginning; From point of beginning, thence South 1.00 531 50b iciest 1300 feet more or lees to. the SE corner or ` Lot 97 of said Block 172; f .. Thence. southerly 150 feet more or less along the East boundary of Lots 9a, 99, l0O of said Block ,•', � 172.to the SE corner of Lot 100; Thence South 850 41t 20" East 500feet, more or Zees, �1 a$ of 1951 to the ordinary high water mark of the Atlantic Ocean; Thence 11orther2y alon_; the ordinary hiF,h water mark of the Atlantic Ocean as of 1951 to a point In projection Eastorly of the boundiu•y between ` LOts' ?1 and 72 of said Block 172; Thenca Westerly alon- the., projection of'the boundary botween Lots 71 and 72 400 feet, more or lees, to the point of beginning. ' j Oontalnln3 16.0 acres, more or lese. . And unto the said CITY OF DANIA, its sueoasaore and ansign`a, the following; described lands in Broward County, Florida, to Vft; (� ' r. Attachment B Page 14 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 r PARO EL 2: M 779 9 w y7 4 Commence at the common corner to hots 71 and 72 of Block 172, Hollywood Central Beach 8ubdivinion, as recorded in Plat Book 4, pg;e 20--D, Broward County, at the east end of. the boundary betivae,l M1 said lots; Thence Easterly in projection of said. boundary 125 feet to the point of beginning; Thence South 100 539 50" hest 1300 feet more or lose, to the SE corner of Lot 97 of Block 172; Thence northerly along the East boundary of Lots r+ 97 to 55, both inclusive, of said bl.00k to the -�; NE corner of Lot 55; Thence continuing in the projection of the east boundary of said lots Northerly 720 feet more or .� less, to the t3orth boundary of Section 31 of Town- ship 50 South, Range 42 East; i Thence East along the North line of said Section 36 480 feet, more or less, to the ordinary high water mark of the Atlantic Ocean as of 1951; :hence Southerly along, the ardinary hl_{h water mark of the Atlantic Ocean 1620 feet, more or leas, to a point in the-Eaete'rly projection of the line I between Lots 71 and 72 of Block 172 aforesaid; j t Thence Westerly 400 feet, more or leas, in projection rf said line to a point 125 feet Easterly of the common corner at the z;aot end of the boundary between Lots 71 and ?2, the point of beginning* � Containing 17.3 acres+ more or lees. � This conveyance is made u?on the express condition that $Parcel 1" .above described shall never be used for any other than public purposes and that neither said parcel., nor any part1 t _ j thereof, shall ever be sold, conveyed, leased or otherwise die- posad of,•by the grantee, or ita sueceseore, *.to any person, firm t. k or corporation. ' "Parcel 28 may be sold and conveyed by the grantee,'or its successors, in compliance t+ith the terms of that certaitt compromise agreement entered into between the said c City of Dania and Hollywood Inc., a corporation*' made in settle- s- S went of objections to the sale or the lands herein Heretofore ' 1 h i filed with the Bald Trustees. ! TO HAVE AND TO HOLD the above granted and described premle8o forever, ` . .. �. SAVING AND RESERVING unto the said Trustees of the f i Attachment B Page 15 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 CD DEED 779 PACA t'TI5 Internal Improvement Fund of the State or Florida, and their succeaeora, title to nn undivided three-fourths of nil ;)hoaahate, Ininerala and aretale, and title to nn undivided one-halt' or all petroleum that may be in, on or under the above described land, with the privilege to mine and develop the enure. OTHER RESZRVA'."IONb.- (;lone) IN TESTIMONY :-I3jr3REOF, the said Traeteee have hereunto subacrlbed their names and affixed t;heir Peal and hKve ca•a4ed %he sr-al of THE D P,N-' MZNT OF AGRICUL, TURF OF T4S STATE Or FIDL'IDA to be' hereunto affixed, at the Ca,itol, in the City of ,allydlaaoee, on this the day of A. D. 1952. (SEAL) r lr�-��?"..._..((SEAL) + 4 Dept. _of Na,.;-.culture C omptr o11er Est, (SEAL) reaswrnr• - S . Trvatdeq 'I. Fund Attarncy c;:.nernl yl + •;ta�e.t.' %t=,t�:;.l: .-_. s• _ -`�--�. �SEAL) CO+amSAeSon6r ❑S ,A;;ricultur ;.�.,. t:,•i Ad and com,)o a in, the T �-f rM es the Internal. improveraent Fund of the $taste of Florida STAiE pF Fl QRIpA, Cf't1111Y DF DCp1'1� l�This insUi'r9f.i file'Ier 4.1 I l r • -3-- Attachment B Page 16 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 i nict'nnl lit raUrtytFr�t �utiD. �i~ to at ta;iba - KNOW ALL fdE;1 BY TllL$S PRZ45EUTS: Thee the un.lrMis:ned, he Triistrr4 of stir lnternnJ 1piprore• i H7i, friH.l Pf fill. :�t.lr ul }`lirrrrle-rUUlrr hurl lil t'lrfur of the•t Chapter 211.V)-, A.te ,r itFrunlr n Of 1941 Law:i Of Florida f/3rxxoc,c)iyik .cptxF icx:t �{• ; Kx,'txt� I I -ap or ci'L a ^:+F l tAA . yrr• A.•.•..r.r� n Ill.• prvwrro►i,• Hurl ?ur +1Cte _ is�l, Ln,o or r Lax-ider� 1 rrhirc �rv.virlrrl (rrr ir��WCD1=L-)C1tX,txrSi9Clta4xa3 F x�iX'K.� 4'xJllS,?C1�CIC�CY:][�rreiri f•rr :rurl in rnn�iJrrnliur ul thr.utu of twenty—one W�t ` f--D C B Eai11 rjQ �i l C'Q� isai:nrir, :n 1hrin in h,inrl paid ir} 1` 4 Citiy of Dar,_a, a municipa_ Foraoratlon V Sr K i l'annr }'lwride• 5'z '}}. ]• rnrrpt of Khirh ii h•rrl,y a•krurulyd�rd,have irrapir.i.1,rr'.; Fi,girJ,i..hi Hurl rani r}' rl to the:.A.l L'i t Y of Dania, u Krr•l its -. •;�:i+`r� succeS aura ; . ��Yn enrl aavit;noi, forrir-r [Ire•lni• ,`in,n. Start In: at � t:;a Sr,9r,ltrtras cr.rrr r of 9ect,aa .3^ j _• -' . .o 4 s©_, Brower d C.:;r.t•,, run E•ii3t al the ta::r.x:rlpp I lno 1,416.29 'feet to t e �n :11sr-�f•.. C&1rt�a as Dhown on plat of 1i ., o11-wood Central Bec� and record at Para 20 in Plat Book 4 r Pao t o R Count"?, Florida; �_ .]C ecOrda of Sro«Red !' t-ence, run North 3 all 500 =Rat, along said Fast lire of Cnna}� •2 1'a 35 fast feel: . r � . to tl;a llorti::+est corner of Sioc;: 203 of szid o-•�":i#'�a�'� subdivInIon r,l{4, r°•� i. thence, e a id anal and run s l 4 r s leave a South 95° 41 20 Fast aiorr t r North co.,ndnry 7f said Block.203 a '11a tance of 4•12, p tto the Northeast corner of said. Aicck 203, t•aicl: a! ..point of be i paint ie the 3 , P g nning.of the tract,heroin con•ravadi Becinning.at•thE sa]d 'tlortt:aast'carr,er bf 9lock410 20' run Sr•.1 t?: 5° �aci.. is 20 East across lieu River Bound 4 ',„ C' , 04.47.,fnat tv .t}:a Pan ^inh wa-er ZinC'i! , on the s.aot snore of flaw Riv Sound d� River as'.'ahown on' said Plat 1- �'"�� antral,Baach. µ.;..,y ol.Holr :uao3'r:•`�,:X�as ;f:.Yi`F. f:,k ► �f:�l'.Y trtY.(�Fr t.�yt r ISf, :':�i.r ls'Y,,,�!":".'., i. fY..Y ry �..:-iF'' ft .tn- r.:� a ! , ��' ,,."'.:: ;,rr,r..r,}yr 155'.y;fe i t-;i..�S rt �•..:�,.ft:3,S?• :<1 ,r{,•r, f -1:.��i•r�r{'J;�y�•fiyst,rt{��'•.�•��,�r �6;• thsnoe, 'folla�rinLr the' 1!candars'af said tlf,•��ii,, 7 `it moan hi 21 OJ":West' :2 r ��, >tiator Zlno run S tiitf:, .jar 5i'•r' tl:snae L-:.,run South �3,0 feat; � '.:r.' 2a 2 1 �3 ifn_gt, ....t7`J.`J.fCOtr ' r-•r, •,ti'c. � �� tnerc run •SnuSlt 2 W. 20 .heat, 203.a-.f enCr _ `t �,• l i i f'`�' r�i •. (; tnenoos run Sou 120.:49 j..54"'ilsat 253 t r ",'y:• p: ";• >f 'des . ! .Ci'3 .fEi@t, :'i ri `.lrfdl •i! + •r�I tr't thencor 'run South 39 30 50 .lest feet• r �• M. tissues{' run '3auth 12 121:•30" 'aa t, F,9.77 f9gt• thence,*ran South 530 4-11 104 >fa9:, 51.'9 feet + _ .• •� Yl, t 't` tnenc e, run South 850 261 501 west, 50.0 feet; thence, run North 520 051 50i NOat, 170.0 fang thence, run NorttL 150 231 30 ''deat, 213.70 rest tv l,a Perm. arrs.lt Re.r.^e...a .4 r the Sa:i_ e o �� a, N.onu;::e:,t sot. a: '� not �orr,e:- of Bock ti!'r? o; n1d _ •�'i'.'f''� t:ence, run Norte: 2b 264 50" West, aloe: s"Rid -ear: h+_::t w11-3r lino and also along t1:o Ea at c0un3:•r; o:' 3.o::ca Cr)'" '� Z 0 e Of said Oatllvlalon, a .ifetrirco of a`?l.0 fe0t to RPor� Re;areitea Nonu.er.t not at.t::a Scut'ieaat cc rre rr_,of of,ids?'v 203 e. i:. :ii' `1. Enet.ed, t,in North r, f .0 k9itt, n 1 c:' the alt:tL :�,n'nry of aR.d �'�;���'...,'t•�'.�,}'� i,, S 10'e. t•sret . .. 40,'tl it ila.a.^.:o a. .13.`a�r:.,L ,o .•I'a 1••:i^. ^' �e.•:•::rr-� ncrnn,' ore or lel ' { • `I Styr '�+1:•`,�': d{ .•. j k a y ll.sai�i✓ Attachment B Page t 7 of 18 Pages Sovereignty Submerged Lands Lease No.062100966 a. 1 1'li 11!.11k Atl1 'I'll 1114.11 flit-I•ixs•I ill•t-ve 1r11•1111..ri•••1 nrn).Ir„rtb••I 1,1tr.l al+rl pr.111.,•4•,rinl.1111110 fiilr HIM r .•i tltl•-r•••!i•r t}It••1'!•t. .r 11i,1,1s't,,e.C;,�ol it.Ilr>;!1 x xxxx,xg x. `i?I•:r•rljel7C•7{X1�U.;Ax.1`"'itfityz.�•C44-Y•ISi\X t .•:.'1' .. , n �5; -t�r L...:O G. I..:►r n,a•. •1.r ,i1/•1 �;t� o: Dal.100 O .1S'.1r:�lt: ^nT;�:'ai�t•I t1n•I its a;lc.easore i{.X�L iin•l.t,.•�u•.Gn'.•t••r ' ,t 1 r v.1�ltili AND Ia:�-EIICIN1i ill,'..Me-'!'rr1,lo,-,of lit.-trit.•I'llial It1.I•r^•••-lW-Fl1 Fill-4••f 1'L•r+•1.1.un+1 118••if+'I•• j 1'Y♦,rrl',,.Ih•.4•I lx t•l•',I xbr.'••1,•rir:lin m1i•r",1 It,i111•l fill., m an•I 1•• fill Ilf:•lrt.•I•'.1 Iltf,•i•tniir It, •iift-r-A 1if all Iho -I I•Itn,pLa'.. Inrn.r.1�..11.4 u,.[..!,Ni•.t :rr••r•r isr.i}' bo tit nu i.r we-1r•r tb•• ,.il-1 A...I.. .ir,•r+!•••1 Lie,.l at,4 -tit al..' 111V l•••1+•11+'hall It it••11',l 114.11111 111!-•irl 41114 t•1••r Il lrlirllt ol'A 1.i.. 1t.411, 1r.1••r•,• lit ;.If ilr+• (.:r'••1•.{i,r tli:•i .+••r •rr +' t• tt•llt.•r 1,tr.1•r ll....... :11••.t• .I•'�••r1F..rl la1i+1• it It trse 4I.r.t11.;..•I••wit'.-.il..t A.•%-1•.li 11..•-..W.• I` 1'�11 NI'.��1�tt1:1:}:I 11•. I'1:.'7 rli,[I.1"•.�fl.• 1111r•i'll,ll•Iii.1.1••t••ls1•tit'I-'iii..l 4t1• �f.l'• 11••Ioli It itr- 1,•l .n l• I..ril..•.1 th•tr Haan•,fui•1:1:Tn..1 11. I slA 1•.tt. .:x,a.••I rb••-+It .f 1l.. 11}:1'AIt F%Iv-,i' f il•' .11.li lip ITiI I;V I of''i'1IF I'A I'1:tt1•'VIA M*Ilt_1. i. 1. Irr•r...nir..:,t1....I.:.1 :I...1'.,pti..l, .0.1,,•s J. •'•.: ,k Y� r.r T.1u..lt,,... .tr tlrt,111.• 2r^1, .1... ..I Deee.-3er .� ll 1:1,.•t..•1t ' llrni,lr.•.l au.1 For ty—One, T »t1 a .•r. 11,; t. I✓� Jf 1't.nil %.loiirr of Air ilnr►_" n1 'tyr 6 4� f j r i t 1+ r irr'{t t - bl � � �.. lta 1F tf r{" 4 !r .'e to t li Y!< L fs 5aitr�i��rllI�tJJii t� •f. .. l a e a ,si 1 t�s i r ,l}I} r" a xy- I ! e.r �s••.�71ir i t� .t,. ,j:, � / 4 sr �i'r I t t h�, .� ti •t a' �ti 1 k,• '� • r 1 1� 1 " 1 •S T- r [ f lti�! FrP .:r. _1.. RATE U i co;:;R of t,:�,::.� t d r °' r t i' s r{/ 1. [ .t 1 YM It 1 l.• � � I IOW ix Mcird :j3�r::Jr;wdM. in h�J ='a�4 ; =!si t r.. _ S' `:�i..,y!�lr.'t1r+t•^ { ^!: t h rr, t �/ r• �( r;�y4.1 Tom.w. •'i"'Y 'A: r _s r,. ,•sr 'fj T u�4+1,,4 .-"•r - ra•�l l':�7�..3..Y�1ti rt.Vi�l �4.�i 7:.3aI s"•` 7:},•:.�t t t a.} ;l:t:"••s r r f 7 r ti , !a':" i , Tl r [i•^, vti;'f ILs: st �e..l1 !�'+z+l F f�!kat i a: i rtr' �j 1 i tiffs' #1 . ,.s..�T1 G12.1{a1173 C 7�t Cult Tali'! t L 'c1 '.il 1 'r,r. ..1i1 ,.�. fer'r i., - •,r.Tr4'lf,r. i-C � . '.s r ,4syfi'' .'}`!. YT'l4 1 r•.JFA i, tf!..A It L i{l.4�. `�'"`-1� •T'atJ,+ f ti . TI.,. .,i it.r t f 1 +r+ia ti•t t - T 1. r. •:l tir .! � i rr if, 14 h !; PS J r r f �+ _• r .. .f ri � i� y�.i � Ir1t. t }fi� { z •j 1 1'r1 1 iL 1����i?31��: ,•1' r•. j -a Y1 S 1r L z+. t r •rf f 7i 1j �t1 ', s ' s4r ?• `` s Y_ Y s / Y f)} 5 11 j rr�k '•} � in i.i t�r, t Ir + r r: 1 s��l �7� 1 .ti •r ' •1 , 1 ' r :i,i'I J r +` f' �bit`� �•}1't� frag?� 'f ' rto . �['.!}Q�r:�l}f,VJ•r: ,ts +l Attachment B Page 18 of 18 Pages Sovereignty Submerged Lands Lease No.062100966