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HomeMy WebLinkAboutItem #37 - Discussion ItemTO: Howard Gary City Manager DATE:. December 29, 1983 SUBJECT: SUBLEASE} OF NORTH BLOCK; JOSE MARTI RIVERFRONT PARK FROM: Roger M. Carlt Director Department of 0 t e Pursuant to the direction of the City Commission, the Department of Off -Street Parking entered negotiation with the Park and Recreation Department to sublease a portion of Jose Marti Riverfront Park for a public parking facility. The negotiations have been completed with the following significant terms: o The lease term will be ten years with successive five year renewals through the entire term of the City's lease with the State of Florida. The City may terminate the lease at any time so long as any unamortized investment is refunded to the Department. o The Department will invest approximately $100,000 to develop the site. At the point that the Department recovers its capital and operational investment, net revenues will be shared with the City. Two-thirds will be retained by the Department and one-third will be retained by the City. It is expected the seven years will be required for the Department to recover its investment. o The City will review construction plans prior to development of the facility to ensure uniformity with the development plans for the park. o Park patrons will not be required to pay for parking after 5:30 p.m. on weekdays and on weekends and holidays. Based upon the mutual interest served by development of the facility and the potentif'l revenue to the City after the Department recovers its investment, it is recommended that the attached sublease be submitted to the City Commission for approval in their January 12, 1984 meeting. Enclosures cc: Manny Alvarez Digdussf& Hi N . --f- THE SUBLEASE AGREEMENT BETWEEN THE DEPARTMENT OF OFFmSTREET PARKING AND THE CITY OF MIAMI, FLORIDA, DEPARTMENT OF PARKS AND RECREATION THIS AGREEMENT, made and entered into this day of ., 198,,,`•, by and between the Department of Off —Street Parking, Miami, Florida, hereinafter called the "Department", and the City of Miami, Florida, Department of Parks and Recreation, hereinafter called the "City". WITNESSETH: WHEREAS, The City has leased from the State of Florida Department of Transportation, land in the right of way of I-95 shown in Exhibit "A", attached hereto and by this reference made part hereof, and, WHEREAS, The City intends to develop and construct a municipal park to be named Jose Marti Riverfront Park on all of the leased area, WHEREAS, that portion of the leased area which lies between SW Sixth and Seventh Streets and SW Third and Fourth Avenues has not been incorporated into the development plans for Jose Marti Riverfront Park and, WHEREAS, The Department has received approval from the State of Florida to develop and construct a municipal parking lot on the above described block, and WHEREAS, The City agrees that a municipal parking lot would greatly enhance the park's attractiveness and accessibility to the residents of the City of Miami, and, WHEREAS, The Department has obtained written permission from the State of Florida, Department of Transportation and the FHWA (Attached as Exhibit "B") for the City to enter into a Sublease with the Department of Off —Street Parking for the use of the block described above, NOW, THEREFORE, it is mutually agreed by and between the Department and the City, that for and in consideration of the premises, it is mutually agreed as follows, to wit: 1. The City hereby subleases to the Department as the party responsible for developing and operating the space described above or a portion thereof as a municipal parking lot, subject to the terms and conditions herein contained, and also all applicable terms and conditions contained in the memorandum of Agreement between the State of Florida Department of Transportation and the City of Miami, Florida dated November 6, 1980, relative to the above described parcel, attached herto and made a part hereof as Exhibit "C". 2. That the terms of this sublease shall be for an initial period of ten (10) years at the end of which both parties shall have the option to renew every five (5) years until such time as the City lease with the State of Florida expires unless sooner terminated as hereinafter provided for use as a public parking facility. 3. Attached hereto and by this reference made a part hereof is Exhibit "D" which is the location sketch of the parcel to be subleased by the Department for this public parking facility. 4. Attached hereto and by this reference made a part hereof is Exhibit "E" which is the legal description of the parcel which is to be subleased. 5. It is understood and mutually agreed that the City may terminate the Sublease only after providing one year prior written notice to the Department prior to such termination. 6. After such time as the capital investment is fully amortized, all revenues in excess of the ongoing costs of operation and maintenance of the parking lot will be distributed on the following basis: (1) The Department will retain two—thirds (2/3) of all excess revenues after operational and maintenance expenses have been deducted. (2) The City will be paid one—third (1 /3 ) of all excess revenues after operational expenses and maintenance have been deducted. 7. It is further understood that, should the City, after giving proper notice as provided herein, terminate the sublease, the City shall reimburse the Department for all unrecovered costs • �. 0 0 of construction related to the public parking facility. Such construction cost shall be verified by the City's internal Auditor within sixty (60) days after the initial day of operation of the facility. S. The Department agrees to provide all vacant spaces in the parking area after 5:30 daily during normal work weeks and all day on Saturdays, Sundays and legal holidays at no charge to visitors to the Jose Marti Riverfront Park. 9. The Department agrees to indemnify and save harmless, the City from any claims, demands, or liabilities of any nature whatsoever arising out of or because of any fault or negligence of the City in its operation cf the parking facility. 10. Further the Department agrees that it will require contractors constructing facilities, paving and making improvements contemplated by this Agreement to maintain insurance as will protect the City and the State of Florida Department of Transportation as required in Exhibit "C" attached hereto. 11. All plans associated with the initial construction and any modification thereto shall be reviewed for approval by the City and the State of Florida prier to commencement of construction. The City shall accomplish the review within 30 days after receipt of the plans. 12. The City shall have the right to inspect the facility periodically and request improvements in writing at its own expense. The Department shall install these improvements within 120 days or less after receipt of the request. Normal maintenance and wear and tear shall be the responsibility of the Department. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. FOR: DEPARTMENT OF OFF—STREET PARKING MIAMI, FLORIDA Jose Garcia —Pedrosa Howard R. Gary, City Manager City Attorney City of Miami Karl Kern Department of Parks and Recreation Roger M. Carlton, Director Department of Off —Street Parking If i ( '� w :S0i�•� , 2.� +a1 ..Yr.i, j=�1+ 1 �1 rl� ` V �•It1J `;,� f :ems , •�f.i 1, -t�aa • _ •82j4 1 � A '1 � ��� ! fd!' • P• �, (,,��t•' u�iw i `'W:O i,V 1 � f CAI �d /'� '�'tA. . .`_��.�i •�� -r—• � .. N it 1• Cie + _ �+ . „,ti. Z. �a•••r w�•ty „i �_`. 249!1,• ( 1•. ; a'J ►. 9 TA 2. ••� 2? DS �r��••.._J. f �•: S .� j •�� S T. = ., '_� ,.r • .. t e , .'- = . „ . 53+_6 R 11n1 It t•tGs,12e.l1� r rv�' i••�lces st!6 ? !':'.'''fit �;�t 40 • = is SDO Ilk .87' yg{i:iO' �/ t7a,v+ • �La 15 •+ 1 y it J� IK• tj r�i•L ter, �� •,v► jf - a� �� ._ /ti I �•• AR 14 0.3 y.A 's• .is�f—'�{ AI ! L 1^ • a I. r;z-, Sa �+ t �•. LAI all ?' y ( r Oro u ,v!'a] �,riluNC�+ 7. MD 13 v Ow r too 10 ' 14 i o L l; ���/,r Niel &Sf- ase- I r •" .•ire a��.loa w?-aTlz • •i��.o�. to gj'Myr- 6 rw J 7 L �•4�, �i•GOG / �y� y�+� h • ' si.Iw: ti POG_5T4.AltOP1 i;/'IN1_int P�'P-^ *.. — Ts• M•52s,Ost.os - - ; 9993' �- N8T !L'S8'L"� ,j01 Jt l� I - id•.7�8T'St•Is-,C CA c S.4 wt7 401tA waft f •r y.l I P. rN;� a :�.7, 1 �r + • i �' ! .' q1 •'h t 1 / y� �� ate`/' ��'�� .c, ..� r• r, • LrTc 1 � -� •� � w r Florida so G04AMAM ,OVEIINOA Department of Transportation Ntiami Regional Service Oenter 401 N.W. 2nd Avenue, Room 510 %livni, Florida 33128 Novenber 10, 1983 Vtr. Rotmr Carlton Di rector �limuni Parking System 19n N.E. Third Street 1.1i mni , Floridn 33132 Denr Mr. Carlton: PAUL M. PAPPAS 99CIKTA*V Re: Sublease of R/W from City of Miami - Your Letter of Septeaftr 23, 1983 IUe have reviewed your August 4 proposal for a sublease from the City of Miami of a portion of 1-95 right-of-way presently lensed to the City for the Jose Nhrt i Park. Authority is hereby granted to the Department of Off -Street Parking and the City of Miami to enter into this proposed sublease under the condition the Department of Off -Street Parking rrnke parking spaces in Lot No. 13 ,ivni table at no cost to the Department of Transportation as follows: 1. Approximately 20 spaces will be reserved beginning - December 1 for the exclusive use of the Department of Transportation - prirmrily for the purpose of parking; state-owned vehicles: 2. These spaces wi l l be fenced by the Department of Transportation to provide security. The detailed fencing and circulation plan will be developed in consultation with the Department of Off -Street Parking; .1. Until fencing is erected, spaces will be reserved by issuance of decals for the state vehicles. 4. In the event that the Department of Transportation's operation in the Downtown area requires additional parking spaces in the future, such additional spaces will be r:nde avnilable to the Department of Transportation. It estimate that no rnore than forty (40) such simces would be required. EXHIBIT "B" V i Mr. Roger Carlton November 10, 1983 Page 2 5. Such additional spaces any be reserved through additional security fences, parking decals, or other appropriate means. Vie appreciate your assistance and cooperation in this matter. Sincerely, 4ohn C. Coodknight District Engineer, dtx /mg MR 'pmr, —,'I MEMORANDUM NovembIV 1) %11. 1980 State tit I-Ittrids w"i parten, or 'rran%poirtalion 16 TO Mr. Harvey ayes District R/W Administrator 14 ju 1-140%1 Dallas Gra5 nistrator Property Management (,.A cal IWS TO Messrs. John Goodknight, Ron Yon, Bill Laufman Watt. Ken Vail w/att. !%1 11.11-1 T Section 87270-2425 1-95 Dade County Parcel No. 266 PISS-46(80) Attached is the fully executed Air Space Lease covering the referenced. However, when transmitting the lease to the City, please notify it that Paragraph 11 was amended and that "sex" was added to Paragraph 14. DG/bb Enclosure i9so DEPT. OF jZ�JiSPORTATION ,,iJANI, FLORiDA R gr-'Zol C EEE 1 V E D DISTRICT OFFICE NOV 7 1980 DERL OF TRANSPORTATION MIAMI, FLORIDA Z01HIT "C" I] MEMORANDUM OF AGREEMENT - Section I-95 SECTION STATE ROAD 9, I-95 DADE COUNTY PARCEL NUMBER THIS AGREEMENT, made and entered into this -r1 day of , 19'70 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "Department", and the CITY OF MIAMI, FLORIDA, hereinafter Called the "City"; W ITNESSETH: 'viHEREAS, the Department has acquired sufficient legal right, title and interest in the right of way of I-95 shown in Exhibit "A", attached hereto and by this reference made part hereof, on which the City proposes to construct facilities for park purposes; and WHEREAS, there are certain areas in the vicinity of S.W. 4th Street under an elevated section of Interstate Highway I-95 which are adequate for the construction of park facilities; and WHEREAS, the proposed use below the grade line of the highway facility will not impair the full use and safety of the highway; or require or permit vehicular access to such space directly from the established grade line of said highway; or interfere with the free flow of traffic on said highway; or will not result in violation of Part 626 of the Regulations of the Administrator, Federal Aviation Agency, as amended; and WHEREAS, the City has requested that the said areas be used for park purposes. NOW, THEREFORE, it is mutually agreed by and between the State of Florida Department of Transportation and the.City of Miami, Florida, that for and in consideration of the premises, it is mutually agreed as follows, to wit: 1. The Department hereby leases to the City as the Party responsible for developing and operating the space, subject to the Department's right to maintain its expressway facilities, all those rights here and above described subject further to the right of the Department to use such space as necessary for maintenance of such expressway facilities and further subject to the ccndi�.ions and terms herein contained. 2 That the term of this lease shall be for a period of -ninety-nine (99) years unless sooner terminated as hereinafter provided for use as a public park facility. -84 . 3. Attached hereto and by this reference made a part hereof 'is Exhibit "A" which is the location sketch of parcel to be leased for this City park facility to be constructed under the elevated right-of-way shown in Exhibit "A", attached hereto. It 4. Attached hereto and by this reference made a part hereof is Exhibit "B" & "C", which is the legal description of that part of the right-of-way shown in Exhibit "A", attached hereto that abuts the Miami River. 5. Structures authorized to occupy the space will be of fireproof construction in accordance with the provisions of local applicable building codes found to be acceptable by the Department and Federal Highway Administration hereinafter called the FH11A, and will not be used for the manufacture or storage of flammable, explosive or hazardous material, or for any occupation which is deemed by the Department or the FHIeIA to be a hazard to highway or non highway uses, and the operation and maintenance of the space will be subject to regulation by the Department to protect against fires or other hazards impairing the use, safety and appearance of the highway. In cases where the Department or the FHWA questions the acceptability of the existing code, conformance with a nationally accepted model code will be required. Further, the occupancy and use of space the highway shall not be of such as will permit hazardous or unreasonably objectionable smoke, fumes, vapor or odors to rise above the grade line of the highway; Additionally, where the proposed use of the space below the grade line of the highway requires additional highway facilities for the proper operation and maintenance of the highway, they shall be provided without cost to either the Department or the FHWA. 6. The City shall obtain prior approval from the Department and the FHWA prior to making any significant revision in the design or construction of the City park facility shown in Exhibit "A", attached hereto. 7. The City shall obtain prior approval from the Department and the FHWA prior to making any change in the authorized use of space as provided by this agreement. 8. The City understands and hereby agrees not to sublease or assign the space herein, or any portion thereof, except upon prior approval in writing by both the Department and the FHWA. 4, It is understood and agreed to by the City that this Agreement will be revocable in the event that the City park facility ceases to be used or is abandoned. -2- • 10. It is understood and agreed to by the City that the Department reserves the right to revoke this lease without liability, in the event -the City violates any of the conditions of this Agreement and such violation is not corrected within thirty (30) days after written notice of non compliance has been given. Further, that in the event the Agreement is revoked and the Department deems it necessary to request the removal of the facility occupying the space, the removal shall be acco+,,;plished by the responsible party in a manner prescribed by the Department at no cost to the Department or the FHVIA. 11. The City does hereby covenant and agree to indemnify, defend, save and hold harmless the Department and FHWA from any claims, demands, or liabilities of any nature whatsoever arising out of or because of this Agreement, and from any and all damages to the roadway structures by fire or other accident or casualty and assumes specific responsibility for payment of any related damages occurring to the highway facility and to the public for personal injury, loss of life, and property damage, and does accept the full responsibility for any falling debris, or injury that may result from spills of any kind from the highway structure. Further, the City agrees that it will require contractors constructing facilities, paving and making improvements contemplated by this Agreement to maintain such insurance as will protect the Department from claims under the Workmen's Compensation Act and from any other claims for property damage, personal injury and bodily injury including death, which may arise from any construction pursuant to this Agreement. Such coverage shall be in an amount not less than Two Hundred Thousand Dollars ($200,000.00) for damages suffered by any one person and Five Hundred Thousand Dollars (S500,000.00)-for any (1) accident. Certificate of such insurance shall be filed with the District office of the Department -and subject to its approval. 12. It is understood and agreed by the City that representatives of the Department and the FHWA have the right of ingress and egress over, upon and across the space facility for the purpose of inspection, maintenance or reconstruction of the highway and adjacent facilities when necessary. 13. It is understood and agreed by the City that the park facility occupying the space will be maintained so as to assure that the structures and the area within the highway right-of-way boundaries will be kept in good condition, both as to safety and appearance, and that such maintenance will be accomplished in a manner so as to cause no unreasonable interference with highway use. In the event the City fails in its maintenance obligations, then the Department is authorized to enter the premises, perform the necessary maintenance and receive payment from the City upon presentation of an invoice for actual cost to perform same. -3- --S 14. in conrurmance 6+okli he Giv-i i RioNts Act of i 64-"a 'jtie vi, Nppenoix `C" j and title 49, Code 0 Pederal Regulations 21, the C Vor itself, its assignees and successors in interest agrees as follows: a. That as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person, on the around of se - race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no discrimination shall be oracticed in the selection of employees and contractors, by contractors, and (3) that the City shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A, Office of the Secretary of Commerce, Part 3 (15 C.F,R,, Part 3) and as said Regulations may 1e :.Tended. b. That in the event of breach of any of the above nondiscrimination covenants, the Department shall the right to terminate the lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said lease has never been made or issued. IN WITNESS 'THEREOF, the parties hereto have caused these presents to be execute, the day and year first above written. :•!I TRESSES: As to the Department As to the City APPROVED AS,'TU-nR AND CORP.ECTNES This snstruument Executed Pursuant to Resolution(flo. 80-244 -4- STATE OF FLORIDA DEPARTMENT%Q,9,PANSP0RRTATIIOON7 By: �. Deputy -Mcretary for Administratic ATTEST: L S� Exe<Otive Secretary THE CITY Of KAt1117 FLORIDA I Z' City MA ger AT S T : City Clerk c • .. 1 r.^ •. .may .,r✓,,t,�tr��Y a■t 16 EA TO BE LEASED FROM B.O.T. Page 2 .r I,EG SC {IPTION, OF AP. . Commence at the intersection of the easterly R/a line of SW 4th Ave. and the northerly R/W line of SW 4th St., said point being also the southwesterly Block corner of BLK 27 S of A.L. KNOWLTON MAP OF MIAMI as recorded in Plat Book "B" at,Page 41 of the Public Records of Dade County, Florida; thence along the northerly R/W line of SW 4 St. N 870 56' 55" E 324.50 feet to the point of intersection with the northeasterly R/W line of S.W. South River Drive (unopened) as shown on the plat of RIVERSIDE WATERFRONTS as recorded in Plat Book 25 at Page 72 of the Public Records of Dade County, Florida; thence along said northeasterly R/W line of SW South River Drive N 260 54' 23" W 48.57 feet to the point of intersection with the L.A. R/W line of 21-S Expressway (I-95) according to the plat thereof, as recorded in Plkt Book 83 at Page 215 of the Public Records of Dade County, Florida, said point also being the Point of Beginning of the hereinafter described parcel; thence continuing along said L.A. R/W line of I-95 N 210 13' 45" E 137.92 feet to the point of intersection with the U.S. Harbor line of the Miami River as established by the U.S. Corps of Engineers, (1933), said U.S. Harbor Line also being the platted line of said RIVERSIDE WATERFRONTS; thence along said :iarbor Line S 320 49' 05" E 5.00 feet to U.S. HARBOR LINE PT. #33-A; thence continue along said U.S. Harbor Line S 410 07' o4" E 214.41 feet to the point of intersection with the easterly prolongation of the northerly R/W line of SW 4th St., thence along the northerly R/W line of said SW 4th St., and its easterly prolongation thereof, S 870 56' 55" W 139.83 feet to a point of curvature; thence'westerly and northwesterly along the arc of a curve concave to the northeast having a radius of 50 feet and a central angle of 650 08' 42" for an arc distance of 56.85 feet to a point of tangency with the north- easterly R/W line of said S.W. South River Drive; thence N 26° 54' 23" W along said northeasterly R/W line of SW South River Drive 16.63 feet to the Point of Beginning. A ti r is i'1' ",A" ' portion of lots 6. 14, 19 and 20 and all of Lots 1. 2, 3, 4, 5. 15, 16, 17 and 18, Block 2C South, CITY OF MIA It ; aeeordinrl to the plat thereof recorded in P1at Cook 11t3" at Page 41 of the PuUlic Records of Dade County, Florida, particularly described as follows: 5•,:n It the Sc'1LileJst CCr, %r s3i : Lat 23; �'t_r,C� r;n L c •� a'cn^ the East t:,ind,lry Qf s1i;; ;at 20 a ,',isC.. c= oto t`•'^C^ run south 87°.51'3?" +.it tli�rl" a il;',C 1S 7.{.) `cot ,f�l'tl of and lrc i i:l to the JJUth b0::r'.:arj u° ::•tS': a s • e t • - • f saki Let t` Q aln in 0, _rs^_c�1Q'l '+11 ► �h t1•t' :'S Sa .Ui JJ' % O u -rah Z 1.97 °1'i'3o" t:,st along the �aSt bc.r;ary a` said Lc: lu a dis6d,fCC a. S ft to t`'_ point! Of intersection Ali t�l t`re Svut"aasterld ;! L ir•11 tbC�. � :G^_Si Cuun- Sta._ `lad lia. 9 Sec,,*Cn v72,U_2425 as ,,sic:in on 1'ii-H T C,- !i •�� „/+1�, ..°.Ji • •t ^ • '1...�� L •1 7. i.PCCorJs of Uade Cuai:L , in i 'rock 83 at ►,,,_ 21 of �,ie .{�i lc is t'.�nce r.n alcn.t sail Li-iteJ;___ss : :;:ni:ry cn d :_Irir,g o`'lerth =ast •cr a distaice c, _9 �a a po ;:•..,'23" East a{Or�, sold L1„ite� j':cess ?a':r�a'y a d+stcn:.e .0 one point of i„tcrsec6 vf, Y,, ..:1 �f�`, �vi _r ..Vii.�..r` Q` said Lo• 20, slid r:It tngJ3.45 `eet .Jest of t,ie Ncrtneast cornt er •�creccnce r,,in :',ar h u7"E5� . •" East, g 4-h ':orth La'.�n'..Jry cF sa' i Lat 20 a d i s. tl,'! c V_5 feet to a •"�i_nce run Sc th 23''7 t .dEl a .'o • - 'Z •� .; - . 1 lvin� far i ^_1Z'•:,ti a e, c:.r:a_ur� cr a curve cc^�_;� �o �..e ;:..�.,�.1•_s� , r�. of 125w�� fee: end a cc'1.r31 ar;12 of .�'��'��"; t:'cn__ r:., Sa�L�cast- r�1;: aIcr,g t:-:u arc of said c:r':: a di5tir.c^ c` 75.1C feet U e pair.;, of t,r-_r=%, Said ,joint `,,eir,g �n t;f2 East lc—j!,..:ary of said Lot 20 at a distance ,` 7.:' PA t. ► r,l of the 'CU.`' ast �arr�;�r^ `i'c,r5!a,; tllt:nc'! ru,^, '.:r'h 2"1,' ,;•'St along the East tr.urdar't Q` sal: I.otSVJ �ar_1 1 a disFa.iCc of 17z.7J Feet to a Main*.' thence run Ncrt'f °1J''.�L" %9St d 'u'i5tc311CC pf 75•f0 iC°t to d o^intrOf intcrsecticn with t.2 Narth boun�lar•; c, said Lot 2; tt,ene_ run South the 1i;r(_1 boundary of Sold Lc 2, 3, 4 and 0 a distance G, l:'3.13 feet to the Nor -,_-vast corner of said Lot 5; *.tierce run SouLh 2"14, 42" E-ast along the 'Hest boundary or said Lot 5 a distance of 7-CO `cot to a C C , thence run South 17004'04" !Cost over and across said Lot 6 and lorlg the Crtestarly Limited Access Boundary of said State Road Na. 9 a dlSLanGe Of 151.0' feet to the Southwest corner of said Lot 6; tlleiiCQ continuing along said 1,1r"---,esterly Limited Access Boundary, over ,End across said Lot 14 run South 17°C3'45" licst a distance of 151.10 feet to the point of intersectie^ with the 1:cst boundary of said Lct 1", said point being 7.00 f,cr_'t flcrth of the Southwest corner thoreof; tlicnce run S,suth 2'14.'17" Gast along the Ue'st of said Lai'. 14 a distant^ of 7.CO fe_t to the Sculii..;r5t cUrrt,:r thorcof; t^erice rem 't 'cryh 1317°=4'32" cast along the South boundary of said Lots 1,1 to 20 bot`1 inclusive, a distance of 249.712 feet to the Southeast corner of said Lot 20 and t:.e Point of E=;irnil;,, containing 77.413 square feet, r•,ove or less, or 1.7747 acres, rrore or less. P. portion c" Lcts 3, 8, 9, 11, 12, and 17 and all of Lots 4, 5. 1, and 15, 3Sou th, C:If OF t;t,Iii, according to the plat O r co c._ in Plat -Sock "u" at Pace 41 of the Public Records of Cade Ccunty, Florida, b'_ing particularly described• as follows: .in at the Northeast corner of said Lot 3; thence run South 81°5'1'2Z" ;:eat is t"e rt. 1 ► , ar d a r+ n ` Lot 8 a .; :o n .rO , Cary of 5a id LC�S 3, �.. 5. 6, 7 t Mtn in o, ci,tance of 277.35 feet to a point; thence run South 11°26'59" hest along t�.o �,orttteastcr'.y-rc•-_,:tion of the ilurthwester-ly Limiters Access boundairy of State mczd Ni. 9 Section 87270-2.125 as shrwn an NIClli OF I.-M 'MAP recorded in Plat °co:: 83 at ^a,= 21 of the Public Pecords of Ua.iu Cwurtty, Florida. and along said Nor th::est_rly Limited Acccss Boundary, over and across portions of said La Ls 8, 9, 11 6 12, a distance of 305.93 feu't to the point of intcrscction wi th a line tltat is 7.00 feet *.North of and parallel to the South t►o:.rid.iry of s.:ld Lot 11; t`Scnce run South 8`51"S" ticst alnisq th? 1,15L du'Serthed line a di:t::rice a 3':. ,9 feet to the point of intcrscction with tllc, .;csL boundary eF said Lot 11; tlicnce run South 2°1'1'C6" East al,ing the last dcscrit,ed line a distance c r 7. JO fec t to tile! Sou Lliwes t eorn,u'r o f said Lot 1 1 ; thence rr,rit '.':nth 870S2138" East alunq the Souttl boundary or Lots 11 to 1F, hoLii inelu- sivf^ , a distance of 299.80 feet to t!.u' 5outli-rnt St',id Lot lG; tr,cncc run f:,arth 2'1,1131" Vest along the East bnr:ndary of said lot 1G a diSt3ncc of 97.69 feet t:,) L'Ic point of inLereeetiun wi Lh the Soutlwastcrly Li,:;i ted ALCe5S Boundary of said State hood 9; thence run North 12"S4602" East along the last described line a distance of Z4.15 feet to a fiolnL• of d_fic_tion in said Limited Access Uoundary; Cc'nLinuing along said Lir-,i Led CCCSS Coundary an a hearing of North 15'53' 19" Last a distance of 30.55 feet to the point of intcrscction with the South I,uundary of said Lot 1, saiJ point being 15.C6 feet East of the SouLIiiest corner thvreaf; 6 Lri C A 1`1 1 Q 1 1 TS � "•ttierice run f t1.53'35" East along the Itth boundary of said lot 4 a • di.,tarlce of T4h It.11 fct•t to the Southeast cot-ricr thereof; thence run North 2"14'35" Test along the East boundary of said Lot 4 a distance of 103.72 feet to a point of intersection %ii th the Southeasterly Limited Access Boundary of said State Road No. 91, said point being at a distance of 46.33 feet fro:n the Northeast corner of said Lot 4; thence run flurth 15'1,'E'l9" East along said Limited Access Bound,,ry a distance of 41.3u feet to the point of intersection with a line that is 7.0'J feet South of and parallel to the North boundary of said lot 3; thrnce riot north 8!°54'32" East along the list described line a distat,ce of 3'/.o3 feet to the East boundary of said Lot 3; thence run North 2614,14O" Nest aluny thu Last l,utindary of said Lot 3 a distance of 7.00 feet to the flortheast cornea thereof anti the Point of Beginning, cobtaininy 75.498 square fEet, more or less, or 1.733 Acres, more or less. A ortion of Lot 5 and all of Lots 6 to 15, boLli inclusive, Block 41 South; CITY OF according to the plat thereof recorded in 111ctt Book "B" at page 41 of the*Public Records of Dade County, Florida, being nore parLieula► ly described as follows: Begin at the Northeast corner of said lot 5; thence run South 81°52'38" Wes - along the North boundary of said Lots 5 to 10, both inclusive, a distance of 299.80 feet to the fforth,vest corner of said Lot 10, thence run South 261413` East along the Nest boundary of Lots 10 and 11 a distance of 3110,1E feet to the Southeest corner of said Lot 11; thence run Uorth 87*51'10" East Tong the South boundary of Lots 11 to 15, both incluSive, a distance of 249.84 feet to the Southeast corner of said Lot 15; thence run North 2014'36" !lest along the East boundary of said lot 15 and porLion of said lot 6 a distance of 160.03 feet to a point of intersection with the Southeasterly Limited !Access Boundary of State Road No. 9 Section 87210-24,25 as sho•.rn on RIGIIT OF WAY t1AP, recorded in Plat Boot; 83 at Page 21 of the Public Records of Dade County, Florida; thence run North 6° 34' 03" East along the last duscri tied line a distance of 134.58 feet to the point of intersection with a line nai is 7.00 feet South of and parallel to the tlorth Boundary of said Lot 5, they • run North 87°5238" East along ttte last described litre a distance of 29,35 feet to the East boundary of said Lot 5; thence run North 2°14'36" ;Vest aloe the East boundary of said Lot 5 a disLancc of 7.00 fcct Lo Lhe Point of Beginning, containing 76,746 square feet, more or less, or 1.702 acres, morL or less. 7 j f Uj CIV y C, cz e ' I =�_ sE ES,; Er ZL t th `�`� �' , )vji ► I c t �� ` I& J �' st a �,�.,,• . Ckd to IL v C cl N w it y. N w ci• e I 1 f`� I ` '• J • ; .�I1_ I , if {I fib /f, i'� C ••r w•% v` N O to 4.2 t h'1 '• .a Q1 i % .IC'11i v •.t bv'ei 9 ;.91< .Z9 Sol Ci'.i� T'•a�s C 6666 t _ C o p' LG si �� .� w d! aUt1M/�i t0'30+It► VLS�Od ww;.s� 1 _ cm -_ - •=t-- -- �• '_"t a! VL1_M�a -- -- ist e°o rta/->t { 1111ti�M 70i't•O'7ItS•M d� of7Y_:.9_ boi'RC;bs;11-M7�� �jin vi ti e� .� � a• - Ire ' N -•Q c Q9 r VN Mio m , q C ��� ww r Ir J o m . `� d E ri�C I: �'� aQ cnN � �j1yj,'�e1 1 �' v ar 1t� M G.0 •'•� ,, JNi Ij y .t N ��.rr V �^•�Q'—�dV q. C'"6f V ( r 0- I r J Q +�► tJ ` pl s 1 ? e^� O'^i�� I�' c �I-or% f j�;.�r� iv cc, y . rIov V \� ij,� _ ,r z Q' f� o o ry 1 aJey ,.. �� v �. ' ,� �y Q"'+ C •CAW `i �� tA,r• +'0p a f ( 0:2at Oio j s I ` �-•� w 1♦N'� h of or- �: f tom. Is•'1 hyti ' i yW, I�+ !� W) r. In '•lea_-'-, _j _ .,st �) �� ► , 1 y r--- .�I`' Joy^ ey • r--- Q'(, �j "`J Q`c y�•��N �I � ',; �I •• , .r' `is 1 = o_ r ralIQ Ie+� I ��.+ ti % Ito N,o,' r'j,^ a .E�..� `!i• �.,:�� R tea. \ •I� � � � � ,.�� �rl �'�'+ ' + (\ � _� �.= �1 r (`t,\i.i �N t ��e■J�41fi6' r L - I - �. tH �y � wof� I Q�!' �� � .+tom O '_ �' •T,r�~�' � �i -;7 1 �w.._� c, ^t 905 SOoG91-• t�i'sL+'i!1.11 Dk 'b •yl1 a IGc coi'ftSti `Yt _ - !SS',Ot.'iLG•N _ O - j O L • E'rlS'70d eF i�� =E9 Z(*V 'd1S'7.0' _R' Ii'Fta - - - - - - - 7- o eGL{O"t9t•1 .+r i� _,.. �'^�JF.ti� =�� •, S96itLIZ 1a'lb'30d -- __•" a 9B6S+Z ��,° ___ O/— }}�u -i lNla * 3•0l I!;-Zi?�N-+ 96 �` �'� hP 0�' '� •ot I1o4��4' �. ' _ ::.�:/ o .Z9L w-" 1 it ,� •' I 1 \ -' i6�' /f£ L9, ,9t'19 d) • --- 1 0 �1o09i _� �t11•,15;1 -K 1 �.a N ♦ r ,^" =�-1 � s►�i'r;14• ; � k�, o- ItQ� � ��o � v � eta i.� '�, '` � � lop* 4 Q, ! r • � � Q ! w_ � ° � t *�=- •1{ s 1 t + r �� k4- - N M y i_z _ �10_t_ _ llGti I�1ris.'S'. .•f" a�►r�� LEGAL DESCRIPTION A portion of Lot 5 and all of Lots 6 to 15, both inclusive, Block 41 South, CITY OF MIAMI, according to the plat thereof recorded in Plat Book "B" at page 41 of the Public Records of Dade County, Florida, being more particularly described as follows: Begin at the Northeast corner of said Lot 5; thence run South 87052138" West along the North boundary of said Lots 5 to 10, both inclusive, a distance of 299.80 feet to the Northwest corner of said Lot 10, thence run South 2014135" East along the West boundary of Lots 10 and 11 a distance of 300.18 feet to the Southwest corner of said Lot 11; thence run North 87051110" East along the South boundary of Lots 11 to 15, both inclusive, a distance of 249.84 feet to the Southeast corner of said Lot 15; thence run North 2014'36" West along the East boundary of said Lot 15 and portion of said Lot 6 a distance of 160.03 feet to a point of intersection with the Southeasterly Limited Access Boundary of State Road No. 9 Section 87270-2425 as shown on RIGHT OF WAY MAP, recorded in Plat Book 83 at Page 21 of the Public Records of Dade County, Florida; thence run North 60341031, East along the last described line a distance of 134.58 feet to the point of intersection with a line that is 7.00 feet South of and parallel to the North boundary of said Lot 5, thence run North 87052'38" East along the last described line a distance of 29.35 feet to the East boundary of said Lot 5; thence run North 2014'36" West along the East boundary of said Lot 5 a distance of 7.00 feet to the Point of Beginning, containing 76,746 square feet, more or less, or 1,762 acres, more or less. EXHIBIT "E" f