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RESOLUTION NO. 2012- jq 5 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE RENEWAL OF AN AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND THE CITY OF SUNNY ISLES BEACH RELATING TO A SOVEREIGNTY SUBMERGED LANDS LEASE FOR OPERATION OF THE NEWPORT FISHING PIER, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Pier was operated by its former owner Newport Operating Corporation, through a submerged land lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, from 1984 until April 23, 2007; and WHEREAS, in 2008, when the City took over operations of the Pier, the City entered into an agreement with the State of Florida to lease the submerged land for the use of the property known as the Newport Fishing Pier (the "Pier") located at 16701 Collins Avenue; and WHEREAS, the City Commission wishes to renew the submerged land lease agreement - with the State of Florida in order for the City to continue to operate the Pier; and WHEREAS,the City Commission finds that entering into this submerged land lease with the State of Florida is in the City's best interest and is a necessary step in a myriad of procedural actions required to successfully repair and re-open the Pier. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AS FOLLOWS: Section 1. Approval of Agreement. The Sovereignty Submerged Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, providing for the operation of the fishing pier, ticket booth and restaurant, attached hereto as Exhibit "A", be and the same, is hereby approved in substantially the same form. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Sovereignty Submerged Lands Lease. Section 3. Authorization of the City Attorney and the City Manager. The City Attorney and the City Manager are hereby authorized to do all things necessary to effectuate the terms of this Sovereignty Submerged Lands Lease. Approving Sovereignty Submerged Lands Lease with the State of Florida Page 1 of 2