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HomeMy WebLinkAboutMemorandum of AgreementG%HIBIT "C" SECTION STATE ROAD 9, I-95 DADE COUNTY PARCEL NUMBER MEMORANDUM OF AGREEMENT Section I-95 THIS AGREEMENT, made and entered into this (014%1 . day of 19 go , 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"; WITNESSETH: WHEREAS, 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 conditions 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. 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. 4. Attached hereto'and by this reference made a part hereof is Exhibit "B" & "( 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 1 the FNMA, 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 FHWA 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 impairina 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. 9. 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 he used or is abandoned. - 2- Q 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 noncompliance 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 accomplished by the responsible party in a manner prescribed by the Department at no cost to the Department or the FHLIA. 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 facilitieE 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 (S200,000.00) 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 saf'ity 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 Departent is authorized to enter the ^rr,.;isrs, 'er`orm the necessary maintenance and receive payment from the City uoon presentation of invoice for actual cost to perform same. -3- a^d Title 49, Code-,' F ', v i I 1,191...b rl1_( ,\I 17v'* v 1 , A ppenu IX 1, ) • 'ederal Regulations 21, the C"r: 'or itself, its assignees and successors in interest agrees as follows: a. That as a part of the consideration hereof, doesherebycovenant 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 practiced 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 be amended. 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 sane as if said lease ha never been made or issued. IN WITNESS WHEREOF, the parties hereto have caused these presents to be execute the day and year first above written. WITNESSES: As to the Department STATE OF FLORIDA .. DEPARTMENT�QE .ANSP RTATION BY: Deputtyy /er[etary for Administrati • ATTEST: /oce. /C,�� 1`"'(S ExQ& tive Sec etary THE CITY .7 �4 Ah ,� FLORIDA By: tD/a,(12 .4.e AT As to the City APi ED AS(TOFOR AND CORRECTNESS/'• f:��y \off This U'nstrument Excuted Pursuant to ResolutioniUo. / 80-244, 1u...L.nLLI''Ii..o.iur 1n.Yr, h�.,I.IIIvV -4- aria Itas2d by school board E area I astd by ` school board 1afin wrn nuxity riv&rfront park - to be, j.,ased dwt. of Parks ccitty of miarnt oify of rnian -de rtmtnt of paw. ahibi+ Page LEG;(1 .SCRIPTIO'7 OF AREA TO BE( 'r'ED FROM D.O.T. Commence at the intersection of the easterly R/W 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 87° 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 26° 54' 23" W 48.57 feet to the point of intersection with the L.A. R/W line of N-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, Florid 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 21° 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 Harbor Line S 32° 49' 05" E 5.00 feet to U.S. HARBOR LINE PT. #33-A; thence continue along said U.S. Harbor Line S 41° 07' 04" 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 87° 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 65° 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. 8 �I4i'f• d -1,6J4 �r ,_ •`T . i1 y ,�GSrA.SS+:,5yG e .i1.--2 -0T' I I - S 2C J>° 1 IR/WLine ..l t`�/•M-J22.O,S, 4.77 [-ie:,7re.njp y Ir s _ 12'iJ /JO r� �. ..- /50 "�• �, = 4 , -. ••' .-� �i N 7J0' : 1 r am -' -N 2. I4'-35-W ay r TM:24'4: cls.. ,.st2 oca.r�5.g1/�\_ tU O' '7Spn. 0av} E-762,959.rG9�� ��sJ t e>t L N•J7_7 065_6_92_A,4-.�•1-/,-.-G"MH_- -; - _ \ y. _ : _I j• .1..-/ _S :.T �Z.i%i2.7fZ - ./ - rl ✓J./L.4 d•ff. f7.51.r . e••ro. 46.671T.STA.57+2638 - _ l ,O'(.0 .. y_ e �}..,. �,o ��CS ri-Si1 67.,T00 //- p\,�il �. 7'E-6p/4'/ ..7r.i.9Gc,10I - - -- .6o5a,,let-----__� f r: .J /-=•..4' ..-_ti•----- -- _Q)- 1-Z-I4r35'W=I77t !_: f L it,q"/50.0,9 • - m • �R/W-Line. Pi. f/ • G /Sfy.Fr Apt. r. a;_ - Iri [ P.C..STA;57,1721 /0 LimitedAece9s ... -52I,CI O 0 STA,59L25.64 7C•S•J.a14. i� N•Sii,94.25.e ! , n ST'A sq*Tcr,o5e.Ooo \ /' 7+3C 0c,.: �.0 6 4 264 -- �m / Pp Ceti pt i /.r/y.cis� • es. STA .17 4. 51.0? ri• re-51',7 te,se7 /.4 `0 c-�1.a.tzs.zac • =,2 ►i-2- 14•-36-W . �sj•o4. 210.013 ,o P. CC.5T N-9t1 9p • .O0-7 ' ` /Jfy. Fr. Pcr. • . oaf ••rlrt/c/ure. ' _ ::::: ;-I4'•36•- �- '/4009'' Y-'76Y,Lr4.O�) Limited AcccC9s -• .5 N•5L9 OtC,ls6 0t 1 - /4JOZ• _._ - -_ S11/ •dr., AVE. 1 rr.. � /r.__.- • 7' •i . .i1; I-la-RAY 'JC ;: .. - pI o RAY Li :n a �a !so ( Ile ItCAI; CO kJ A cr 1 Ord• � � �! � ry h; /, ry.CBJ. j / Oc C?• r..41 apf /2 Jo.o4 f 00 C S • 11 3 . c1 IDI 1.t. a e: I I • 0 S T4 / •r 4 . I C 8 �, apt T A. 59+91.81 512,072.97 I t 7Fr.rw• • [ t -- C c % I • i 'JJ/, Ilor%fpj. P.T.5TA.41+50.21 BK- H•62i,o90,3ie L/N q• 'R'7ii.189 Q3�_ It/ .U4J_Acf I 1 1 • R. • r,, . 1 - :/.J 1 i- r 1 ▪ • ' .y....7e...,....., , 1-,)7 1.0 " , , FCC"1.N.7 n • i�O, ' 7-t•'/ 1... r /Y2"-14=77= 4y �Q1 0 E / Jf A / JI Apt • ti LEGAL DESCRIPTION EXHIBIT "E" 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 87052'38" 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 2014'35" 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 87°51'10" 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 2°14'36" 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 6°34'03" 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 87°52'38" East along the last described line a distance of 29.35 feet to the East boundary of said Lot 5; thence run North 2°14'36" 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.• 1 TO FROM. �\J CITY OF MIAMI, FLORIDA -/ INTER -OFFICE MEMORANDUM J. E. Gunderson, Director Department of Finance Attn: William Harrison Carl Kern, Director Department of Parks DATE: SUBJECT: Latin Riverfront Community Park REFERENCES: ENCLOSURES; t: The Design Division of this Department is in the process of planning the development of Latin Riverfront Community Park. A portion of the area planned for development is under I-95, which necessitates a lease for the use of the property from the State Department of Transportation. We would appreciate the assistance of your department obtaining this lease from the State DOT. Mr. Harrisonln is familiar with the parcel in question. Thank you for your consideration of this matter, CK/STP/cg • • ADDENDUM TO MEMORANDUM OF AGRE.EMENT• Item/Segment No. 2515601 WPI No. 6 I 41792 tate/Job No. 87270-2425 F AP No. 095 I• 069 SR No. 9A, 1-95 County Miami -Dade t ' 21') f ( ) - 1///' 'This Ngrecinent, is made this ,..;;•• day 0 .7', , 200, and shall serve as • / an Addendum to the Memorandum of Agreement difleid Novkbe.r 6, 1980, by und between the FLORIDA DEPARTMENT OF TRANSPORTATION (mar), as Lessor and the CITY OF MIANII.zts Lessee. In addition to the provisio1v contained in the Nlemorandum or Agreement. the following terms and conditions supersede the language contained in the Memorandum of Agreement. 1. improvements The City of Miami lids requested authorization and approval •frorn FOOT rind the Federal Highway Administration (FILWA) of the proposed improvements to portions of Jose Marti Park. The improvements as shown and described in Exhibit "A" attached hereto. Any changes or additions to those improvenients, as described in Exhibit "A", will require additional priorapproval in writing by the District Secretary for District Six, and FHWA. Any such structures or improvements shail bi..7 constructed in a good and workmanlike manner at Lessee's sole cost and expense. 1....essor reserves the right to inspect., at any time. during the construction of said improvements and required ChangeS or modifications if, Kt Lessor's sole discretion, public safety requires it. 1...ossee shail impiment such requcSis Ibr changes or modifications initnediately, ta Lessee-s sole cost and expense, upon notification by Lessor's authorized representative. M.ark.th 24, 2003 Page 2 Lessee agrees to restore the land as reasonably prac.tical to its condition at the time this A.greement is exec.uted, at Lessee's sole cost and expense, by midnight on the day of termination of this Agreement. tE\ t , t An Addendum'made this 'day of — I:, • , 2003. to the. Memorandum / : Jot -Agreement, dated November 6. 1980. All other terms and conditions of the Memorandum of Agreement remain unchanged and with this confirmed and ratified hy- Lessor and I,essee. APPROVED AS TO PORM,_ rAND. ?AL suri?Ncy y D. MICHAEL SCHLOSS, ESQ. DAM: 2 tilip 3 ATTEST: 4- • -• Priscilla A. Thompsokf, City Oferk - " LESSOR: STATE OF FLORIDA DEPARTMENT OF T$A.NSPORTAT1ON (—\\ t By: ict Six Secret i . It r % I ( riz_k k ,,V ttA4 Joi Altrinla, City Manager I 1 t / ',........., LESSEE: CITY OE MIAMI. By: 7 March 24, 2003 Page 3 APPROVED AS TO INSIIRANCE RF.QUIREMINTS: / iet„ ii.• ., vi Ly.j, / / 7. By: Aroal hu. id. u ,t4,.„,-,/ 5a Lao y, ,,,-)16... 0 tv „Diane Ericson, Director g I ,.-AkY. Depdrurtm of.Risk Management APPROVET) ASief0' l;',,f1,1: „er -• RFC-i .,.- ,x,-- 41, 7.77:717.:2Ele \HI':1.1'''''''''''''' iect •,. Vila ello, City At Exhibit A Scope of Work AGENCY: City of Miami CIP Project: #331413 STATE JOB NUMBER: FM2512621-58-01 PROJECT TITLE: Jose Marti Park River Walk/Greenway Extension (formerly in the TIP as Ft. Dallas Park River Waik) DESCRIPTION OF PROPOSED WORK: The overall project has 4 distinct segments. This description pertains to the part of the project taking place on the properyto the south of the Jose Marti Park pool, on property leased by the City from FDOT, where FDOT is installing a new seawall. At this site, the city will construct a river walk with pavers and a tactile surface adjacent to the bulkhead. This river walk will connect to the existing walk at the waters edge within the park proper, and, on the opposite end, wit! link to an on -road, southern leg of the Miami River Greenway system. The project also involves construction of additional site improvements including irrigation, landscaping, lighting, and the installation of benches and fencing (see Figure A). A second segment (see Figure 6) is located adjacent to this parcel et the junction on SW 4r' Street and SW 3' Avenue at the River. Here, the City will define the park entry and roadway by installing new lighting, sidewalk with pavers, curb and gutter, lighting, landscaping and fencing. The last segments flow north and south from the park, and consist of new sidewalk, curb and gutter, landscaping and lighting following existing rights of way (see Figure C). The southern path runs along SW 3rd Avenue to 6`'` Street, then east to approximately 2nd Avenue. The northern route runs along SW 4th Street from the existing northernmost park path to South River Drive, then South River Drive to approximately NW 7' Avenue. The route is subject to change (reduction/expenasion) based on project funding as design progresses. JOSE MART PARK ADDITIONAL RIVER ACCESS Si RET END IMPROVEMENTS SW 3rd AVE I SW 6th ST BEGIN SW 2nd AVE C SW 6th ST JOSE MARTI PARK END NW 8th AVE NW 4th ST , SOUTH RIVER DRIVE { �. = , • •1 31 i `.i V, S V.•— 3 EXISTING RIVER WALK •: + w' .. .. :. } ,4,.r! Ica u.•:-.•� ,.�a .•5_�v1. la _I . .�.�, • : 11 1 11 r." • i I.i a I•`• { t • ,•!'1 1 i rr MIAMI RIVER, NEW BULKHEAD (NIC) NEW TACTILE SURFACE - NEW CONC PAVER RIVER WALK _ NEW BENCHES NEW LIGI1TING SEE "STREET END" DRAWING FOR CONTINUATION : • . I 117147111711 TiT7TTIerr: I T I i rr-TT-TIrn ITT I-r TT - a GONNE C.T r0 EXISTING WALK tY LEI t/} 0 EXISTING - BUILDING NEW IRRIGATED SOD AND PLANTING EXISTING ALUM PICKET FENCE INTERSTATE 95 OVERHEAD PARK IMPROVEMENTS -•-- NEW ALUM PICKET FENCE WITH GATES rrfil I I I T PARKING FIGURE A SEE "JOSE MARTI PARK IMPROVEMENTS" FOR CONTINUATION . :1 1 TO SW 4Ui STREET -0- 4,-0- .0 NEW Civic:124TREES JOSE MARTI PARK PARKING INTERSTATE 95 OVERHEAD NEW SULKHEAO ) MIAMI RIVER SMALL CANOPY TREES ' NEW CONCRETE UNIT PAVERS • • -I • • NEW CURS AND GUTTER • '4S ellillolh. 4410 Lril. - - NEW CONC PAVER WALK ' NEW ALUM PICKET FENCE L- - -- •. ''''''::=:-. ,.. -S, N ) PLAN OF STREET END IMPROVEMENTS FIGURE 8 35' MAX GW • 15' GI/ 2104 CG TL 5C0 TYPICAL 10' TL VG P or. CG S TYPICAL SECTION - TYPE 1II - PARKING 1-SIDE LEGEND CG - CURB AND GUTTER LV- LANDSCAPE VERGE P -PARKING TL - TRAVEL LANE S - SIDEWALK VG - VALLEY GUTTER GW - GREENWAY: SHARED PEDESTRIAN AND BICYCLE; PLANTING; LIGHTING; SI GNAGE; FURNISHINGS FIGURE C • To: FROM: Howard Gary City Manager Roger H, Carlt Director Department or DATE.s. December 29, 1983 SUBJECT: SUBLEASE OF NORTH BLOCK; JOSE MARTI RIVERFRONT PARK 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 perking 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 vith the State of Florida. The City may terminate the lease at any time so long as any unamortized iovestment 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 far 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 potentirl 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. EncLosurea cc: Manny Alvarez D iSC USS ION -611-4e7t- Florida SOO GI1Mkir aott,.ram • • Department of 'Transportation ►MJLO. ►MOAN MOG.rtroM Miami Regional Service Center 401 lf,W. 2nd Avenue, Ram 510 ' Mined, Florida 32128 November 10, 1982 c2': Roger Carlton Director ,.It+uni Parking System 19n N,E. Third Street Muni, Florida 33132 fienr &T. Carlton: Re: Sublease of R/W fran City of heami - Your fetter of Septeher 23, 1.983 tir have reviern d your August 4 proposal for a sublease iron the City of Miami of a portion of 1-95 right -of -my presently leased to the City for the Jose ?krti Park. Authority is hereby granted to the department of Off -Street Parking and the City of t,4tnmi to enter into this proposed sublease under the condition the flepertment of Off -Street Parking hake perking spaces in Lot No. 13 available at no nest to the Department of Transportation as follows: 1. Approximstely 20 spaces will be reserved beginning- Deconber 1 for the exclusive use of the Department of Trnnsportntion - primarily for the purpose of parking state-owned vehicles: 2. Theae spaces will 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; ti. Until fencing is erected, spaces will be reserved by issuance of decals for the state vehicles. 4, In the event that the Deportment of Transportation's operation in the Downtown area requires additional perking epees in the future, mach additional spaces will be undo available to the Deportment of Trnnsportntlon. t1i± estimate that no more than forty (40) such spaces would be required. EXHIBIT "5" Mr. Roger Qtrlton Novent,er 10, 1983 Page 2 5_ Such additional spaces say be reserved through additional security fences, parking decals, or other appropriate means. We appreciate your assistance and cooperation in this natter. Sincerely,' . 1 /crf Sohn C. Coodknight District Engineer. ddC/mg THE SUBLEASE AGREEMENT BETWEEN THE DEPARTMENT OF OFF-STREET PARKING AND THE CITY OF MIAMI, FLORIDA THIS AGREEMENT, made and entered into this i day .of J u np , 19811, by and between the Department of Off -Street Parking, Miami, Florida, hereinafter called the "Department", and the City of Miami, Florida, 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 bothparties shall have the option to renew every five (5) years until such time as the Citylease 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 six months prior written notice to the Department prior to such termination. 6. Capital investment will be amortized with all revenues in excess of the ongoing costs of operation. 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. 1 0 U 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 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. 8. 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 shall indemnify and save the City harmless from and against all claims, liabilities, losses, and causes of action which may arise out of the Department activity under this contract including all other acts or omissions to act of City, its officers or employees in, from and against any orders, judgements or decrees which may be entered and from and against all costs and attorneys fees, expenses and liabilities incurred in the defense of any such claims, or the investigations thereof. 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. The City of Miami shall be named as an additional insured and is to be notified of any cancellation of said insurance policies at least thirty (30) days prior to such cancellation. 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 prior 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. It is understood and agreed that the obligations undertaken by the Department pursuant to this Agreement shall not be delegated to any other person or firm unless the City shall first consent in writing to the performance of such services or any part thereof by another person or firm. This Agreement shall be binding upon the parties herein, their executors, legal representatives successors and assigns. The City reserves the right to audit the records of the Department at any time during the performance of this agreement and for a period of one year after final payment is made under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: APPROVED AS TO FORM AND CORRECTNESS: 4 _ SE R. GARCIA-PEDROSA ITY ATTORNEY APPROVED AS TO CONTENT: CARL KERN, ACTING DIRECTOR DEPARTMENT OF PARKS AND RECREATION FOR: CITY OF MIAMI HOWARD V. GARY CITY MANAGER, CITY OF MIAMI FOR: DEPARTMENT OF OFF-STREET PARKING MIAMI, FLORIDA ROGER M. CARLTON, DIRECIUR DEPARTMENT OF OFF-STREET PARKING �.W 4 / VE. o ez`(�W i tt-tN-rQF R2R 71ON MX4113f "A " y,a,.c,.r--narr zoo' SIfiIHX3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDMENT TO MEMORANDUM OF AGREEMENT ' ITEM/SEGMENT NO.: 2515601 MANAGING DISTRICT: Six STATE ROAD NO.: 9, I-95 COUNTY: Miami: Dade PARCEL NO.: 064 BE IT KNOWN, that for good consideration the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (the "Department), and the City of Miami, Florida (the "City") under a certain Memorandum of Agreement (the "Agreement") between them for premises in the vicinity ofS?kGa Street under an elevated section of Interstate Highway 95, dated November 6th, 1980, as amended on July 22, 2003, hereby agree to modify and amend said Agreement as follows: 1. Exhibit A of the Agreement is hereby amended to "less out" those portions as described in Exhibit "A", "B", and "C" hereto attached' and made a part of the Amendment. 2. Where Section 11 of the Agreement requires the City's contractors to have Worker's Compensation coverage in amounts of Two Hundred Thousand Dollars ($200,000) and Five Hundred Thousand Dollars ($500,000), the City agrees to require • the City's contractors, subcontractors and all other related parties to the contractors (hereinafter referred to collectively as "Contractor") performing work to maintain such insurance coverage(s) as may be required by the City and/or the limitations as provided in Section 440.107, Fla: Stat. 3. The City agrees to require the City's .contractors, subcontractors and all other related parties to the contractors (hereinafter referred to co]Iectively as "Contractor") performing work on the Property, at all times during the term hereof to maintain such insurance coverage(s) as may be required } Attest: Name/Title: Margret Higgins, Exec. Secretary ATTEST: Priscilla A. Thompson City Clerk APPRO./_.;:.. 0 FORM AND CORRECTNESS: STATE OF FLORIDA DEPARTMENT QF TRANSPORTATION By: et Secreta JoMartinez, P. LEGAL REVIEW: District ounsel ' D. Michael Schloss, Esq. Print Name CITY OF MI municipal corporation of the State of By: JorgeL. rn.,dezfp/ City A P.. U""'' A' ' RO S TO INSURANCE REQUIREMENTS: Pedro G. Hernan , City Manager LeeAnn Brehm Director, Risk Management Department 3 2001 N.W. 107•Ih AVE. MIAMI. FL 33172- 2507, IMI.(305) '592.7275 rtaO* coninc*sc Cr A17 WNIA11ON KAYO .t6#4 3 : j ook 29s 2 •MAP OF MIAMI, DADE CO.,'FLA. (PA. 8,P4.41) 42 Z; 18 S.W. •EXHISIT "A.. NO11 L4HE'OF 1Jdi.2O PrA.ta. Nd. pIw1N•L01'.!0 . 0-31-57 R•17b.00' Ivi•Ifuie 118744'0614RADIALL} 01. K2Ss 1 MAP OF MIAMI{, DADE OO., 'P'1.A. P4.41) 50U1H UUHL BLOM ies 20 73T'.f 112.4 5th STREET mom._ - LEOSMD t .GC -NCR UNE Ili CITY OF MIAMI MONUMENT LINE ABBFtEVIATIONS R/W at RIGHT OF WAY PG. - PAGE P.O. 1" PLAT BOOK R1P+8. - ROAD PLAT BOOK P.0.1.3. s POINT OF BEGINNING {C) - DENOTES CALCULA TEO. a DENOTES LIMITED ACCESS EAST LWE -OF LO1 20 P.N.T. a POINT -OF NON - TANGO: T iNTERSECT40N P:C..U. m POINT .OF -CUSP R.P.D. = ROAD PLAT BOOK 4. a DENOTES .LENGTH R a DENOTES RADIUS ,17 a DENOTES 'DELTA TAN r DENOTES .LENGTH OF TAN,OENT R/w LINE • 0 ' 1 q !0 Wang Ral! N ra1 THIS DOCUMENT C0NStSt•5.0F THREE EE (3) PAGES AND EACH PAGE SHALL HOT BE CONSJDERtD'POLL, VALID AND COMPLETE UNLESS ATTACHED 10 THE OTHERS. NOT *BOUNDARY SURVEY JOSE MAR'{ 'PARK SKETCH 7a ACCOMPANY LEGAL DESORIPT4ON IIPISST1CF 3 GATT: 12-02-05 DESIGhteD: DRAWN: A.SAEN2 CHECKED: DWDEANS JOB •NO.: 01-1634.00 0001 1 II'BSI2001 N.W. 107th AE, MIAMI, FL 33172-2507 (305) 192-7275 ".SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR • •• A PARCE1. Of LAND AT JOSE MA T1 PARKIN THE CITY OF MIAMI, M1AIM;DA'OE COUNTY, 'FLORIDA ARTICLE DEFINITIONS, GENERALLY: 1. CL#NT:'SMALL MEAN THE CITY •OF MIAMI, - 2. SKETCH: SHALL MEAN THE GRAPHIC DEPICTION OF THE MAP MADE A PART fi EREOF.ANO 4NC•0RPORAI EO •HEICIN, REFERENCEIS ETE DESCRIPTION THEREOF. 3. SUBJECTPROPERTY: K -SHALLD MEAN ALL THAT LOT, PIECEOORLPARCEL OF LAND INDICATED 914 :THE LOCAL 'DESCRIPTION PORTION OF THIS DOCUMENT, REFERENCE TO 11114CH IS MADE FOR A MORE 'FULL 'FIND COMPLETE 'DESCRIPTION THEREOF, 4. COUNTY: SHALL MEAN MIAMI-DADE COUNTY. A POLITICAL SUBDWISION OF 714E -STATE CF FLORIDA, TWC NAME OF WHICH WAS CHANGED FROM "DADE COUNTY' .9Y ITS ELECTORS ON NOVEMBER 13, '4097 AND CODIFIED •8Y ITS BOARD OF COUNTY RECORDED PRIOR ITO ONERS THAT DATESUANT SHALL TO TOYTHHEE PREVIOUS 15 'COUNTY NAME -ANUMBER 97-212. ND CONVERSELY. FERENCES TO REFERENCES. TO INSTRUMENTS RECORDED SUBSEQUENT TO THAT DATE (OR MENTION BY COMMON REPORT,. AS THE CASE MAY'HE) SHAD. REFER TO THE PRESENT COUNTY NAME. 5. CITY: SHALL MEAN THE CITY Of MIAMI, A MUNICIPAL CORPORATION .OF THE ''SPATE OF *FLORIDA. ARTICLE 11 • • LEGAL DESCRIPTION: AU. THAT • TOWNSHIP 54T, PIECE OR SOUTH, RANGER411 EEL ASTLCITY OD F MIAMI, MAW-YING DADE DADE •COUNTY, FLORIDA. BEING DONATION" O PORTION OP LOTS 19 AND .ZA IN BLOCK 28S, `MAP OF MIAMI. DADE 00., FLA,." ACCORDING TO THE PLAT THEREOF, -AS RECORDED IN •'PLAT BOOK 8 AT PARE 41 OF THE 'PUBLIC RECORDS OF DADE COUNTY (NOW -MIAMI-DADE COUNTY), fLORIDA, 114E SA44E BE4NG MORE PAR TTCULARLY DESCRIBED 8Y METES AND .BOUNDS AS -FOLLOWS, VIZ.: AT THE a2.10 10FEET 7O AOPONTST OFCORNER OF CUSP WITH THE AAID RC 20;T A 0RCUL,4R2CURVEECONCAA't NG O THE SOUTHW@ SOUTHWEST. 'SAID SAID 0 T OF CUSP BEARING 1487'44'06''C FROM THE CENTER OF SAID CURVE; THENCE DEPARTING SAID EAST LINE OF LOT •20, RUN NORTHWESTERLY ALONG THE ARC Of SAID CURVE, HAYING A RADIUS OF 125.00 'FEET AND. A 4DENTRAL ANGLE (OF 14'55'45" FOR 32.57 FEET TO A POINT Of NON -TANGENT INTERSECTION MATH -.A LINE SEARING 'S87'55'33"W, WITH SAID POINT -OF NON -TANGENT INTERSECTION.BEARING N7210'S7"E FROM THE CENTER OF SAID CURVE; FROM .SAIDPOINT OF NON -TANGENT INTERSECTION, THENCE •$8735'33"W ALONG SAID LINE FOR 70.44 FEET TO A POINT :OF INTERSECTION WITH THE LIMITED ACCESS RIGHT OF WAY LINE OF THE NOR•TM-SOUTH EXPRESSWAY•(HIGIIWAY 1-95)-AS SWOWN(ON THE RIGHT • Of WAY•NAP RECORDED IN ROAD PLAT 800K 63 AT PAGE 21 OF THE PUBLIC RECORDS OF DADE COUNTY (•NOW MIAMI-.DADE COUNTY), FLORIDA; THENCE N20'38'10"f ALONG SAID LIMITED:ACCESS'RRGNT-Of WAY LINE 'FOR '0.15 FEET; THENCE •N33?9'24"E ALONG SAID LIMITED ACCESS RIGHT OF WAY LINE FOR 61.30 •ftET TO A POINT OF INTERSECTION wITI4 THE NORTH LINE OF SAID LOT 20; THENCE DEPARTING SAID LIMITED' ACCESS. RIGHT OF WAY LINE, •N87'55'33 C ALONG SAID •NORTH LINE OF LOT 20 FOR 38:45 'FEET TO SAID NORTHEAST CORNER •OF LOT 20 AND -THE POINT OF 9EGINNING. 'BAUD PARCEL CONTAINS 2.852 SOUARE FEET. MORE OR LESS, BY CALCULATION, ARTICLE 111 • SOURCES OF DATA: ( ' THE LEGAL DESCRIPTION AS CITED UNDER ARTICLE 11 WAS CREATED EASED ON 6'IE -FOLLOWING DATA: 1. BEARINGS AS SHOWN HEREON REFER TO A CALCULATE° BEARING OF NORTH 67 DEGREES 54 MINUTES 32 THE PLATS EAST THEREOFNG ASTRECORDEED LINEOUTH AT Of BLOCK T PAGE 41 OF THE PUBLIDC'RECORDS"'OF DAACCORDING ICOOUNT (NOW MIAMI--DADE COUNTY), FLORIDA, ' 2. THE RECORDED PLAT OF "MAP OF MIAMI, DADE CO., fLA:" -ACCORDING •T0 THE PLAT (THEREOF. AS RECORDED IN PLAT 13010K 9 AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY). FLORIDA. 3. THE RECORDED PLAT FOR THE 1-95 EXPRESSWAY AS RECORDED MARCH 13, 1968, •IN• ROAD PLAT BOOK 63 AT 21 ADE 4. cIEt PAGE DATA AFTHE PUBLIC AS ACOUIRED BY0RD1 &JOF DADE DURING THENTY ((OVJERALL/ SURVEYDOF JOSE MARTILOPARK THIS DOCUMENT CONSISTS Or THREE (3) PAGCS AND EACH PAX -SHALL NOT 8E CONSIDE+REO 1JJLG., VALID AND COMPUTE UNLCSS A•TTACI4EO 40 THE mum. ACU411FICAfl 01' AUTNORQATW'+ NUMB[II Ult. JOSE MARTf PARK SK£fitH TO -ACCOMPANY LEGAL DESORPTION •s zt,o DATE: 12-02-05 OCS4GNE0: W DRAN:' A.S*E:NZ CHECKED: DWDEANS JOB NO.: 01,-1634.00 0001 AferICLE 4V :.. '.LtSi#TATI'ONS/EXPR VSS'PURPOSE: I. 1 E CLIENT I'S HEREBY ADVISED THAT THERE MAY 9E •LF0A1 RESTRICTIONS ON THE SUBJECT •PROF:ERTY THAT • ARE NOT SHOWN ON THE 'SKETCH OR CONTAINED WITHIN THIS REPORT THAT MAY BE FOUND IN THE PUBLIC 'RECORDS <IF UTAMr -DAOE COUNTY, THE CITY Of UPAMI, •0R THE RECORDS OF ANY OTPICR PUBLIC AND PRIVATE ENTITIES AS THC4R JURISDICTIONS MAY APPEAR, 2. THIS "SKETCH TO ACCOMPANY .LEGAL DESCRIPTION" DOES NOT REPRESENT .A MELD BOUNOIARY SURVEY IOF 'THE • P'ROP£RTY DESCRIDEO IN ARTICLE II OR THE UNDERLYING TRACT OF LAND THEREOF. A'RT{CLE V CLIENT INFORMATION: THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED AT THE 4NS1STENOE OF NANO 45 -CERTIFIED TO: THE •CITY •OF MIAMI• PLANNING AND ZONING DEPARTMENT BOX 330708 MI#MI, 'FL 33233—D708 ARTICLE VI SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY: THAT THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPAREO CINDER MY DIRECTION AND 15 TRUE AND CORRECT TO THE BEST DF MY KNOWLEDGE AND BELIEF AND FURTHER, THAT SAID 'SKETCH'AN0• THE DOCUMENTATION APPENDED THEREIN ME£TS THE 'INTENT OF 'THE APPLICABLE :PROVISIONS OF 'THE' "MINIMUM TECHNICAL -STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA," PURSUANT TO RULE 61417-6 50F %THE FLIORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW. CHAPTER 472.027 OF THE FLORIDA STATUTES. 'PEU&iL A FLORIDA CORPORATION 'FLORIDA CERTIFICATE OF AUTHORIZATION NO. L824 C+ISILOS M. DEL—YALLE, PLS •PROFESSIONAL LAND SURVEYOR NO, 4A08 FLORIDA........- ..._ .. __ .... .._._.... . DATE •0F CERTIFICATION: DECEMBER 2. 2005 • NOTICE; NOT VALID WITHOUT THE SIGNATURE AND MAPPER. ADDITIONS .OR DELETIONS TO SURVEY MAPS ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF MULTIPLE 'EXHIBITS AND TEXT DATA AND EACH PAGE AND COMPLETED UNLESS APPENDED TO THE OTHERS, FLORIDA ADMINISTRATIVE CODE. ' 42005—PBS&J. A FLORIDA CORPORATION AU. RIGHTS RESERVED ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND AND REPORTS BY OTHER THAN THE' SIGNING PARTY DR PARTIES 141E SIGNING PARTY OR PARTIES. THIS DOCUMENT CONSISTS' OF AND COMPONENT THEREOF SHALL NOT BE CONSIDERED FULL. VALID THIS NOTICE 45 REQUIRED PURSUANT ¶O•RULE'•61G17-0 OF THE THIS DOCUMENT CONSISTS GF THREE (3) PAGES AND PACE SHALL NOT BE • CONSIDEREO'PULL. VALID ANC COUPLCTE UNLESS ATTACHED tO THE OTHERS. t:11ote7 310E 3 4 PBS 2001 N.W. 1071n AVE. MIAMI. 'FL 10t 72-,?507 (3D5)'5 - 7275 NOzoo. CENdwic* r Of Au7NDNIZA!ION NUMBER UM JOSE MAfl11 PARK SKETCH. TO. ACCOMPANY LEGAL DESCRIPTiON DATE: 1 2-02 •-05 DESIGNED: DRAWN: A.SAENZ CHECKED: DWDEANS JOB 140.:01-1534:00 0001 3 et.00ic as' 2 MAP OF MIAMI, DADE CO., FLA. IPA. e, Pa. 41) WEST UNE a LOT 19 1 •SOUTH LINE TOT 18 SOUTHiN`{E�� L01 19 a9 -E> 1U1T•'IB" 0111M111111110 -T- 11 17,' 5th STREET _varsclez $LtDIK les MAP OF MIAM4 DADE CO., FLAI ' (P.O.1 .PG. 41) MAIson rt $W'4 LINE. BLOCK ABS 20 SOUR' LINE OF L81' M LEGEND 41. CENTER LINE 'CITY OF MIAMI MONUMENT LINE ABBREVIATIONS RlW +. RIGHT or WAY -PaG. - PACE P;13.. PLAT GOOK R.12.8. ti ROAD PLAT GOOK •P:OAL - POINT OF BEGINNING (C) 'i DENOTES 'CALCULATED ---ram---ir DENOTES LIMITED ACCESS R/W LINE REWSIONS REVISION No,1; AMENDED PER CLIENT RENEW (12-02-'05) 2001 N.W.•107th AVE. MIAMI, 'FL 33172-2507 , (305) .592-7275 fl snielf1a MVMY•. tf nr anwron.nroo .rrron>'Ni i -OF 10T 20 LOY MO 0 s to • 00 J? puNC aCAt1 * vGCI THIS DOCUI.IENT CONSISTS -OF 'NRCE (3) PACES AND.\ EACH PAGE SHALL NN01 RE CONSlPC CO FULL: YALIO AND COIJPL£WE UNI.C'SS ATTACHED TO THE OTAIERS. NOT A 130UNDARY SURVEY JOSE MA 11 PARK SKETCH TO ACCOMPANY LEGAL 1 E8CRtP1ON *GEV 1'OF 0 OAiC: 12-02-05 DESIGNED: MAIM: A.S./VI/2 CHECKED:DWDEANS J06 NO.:01-1634.00 0001 1 • SKEYON TO ACCOMPANY LEGAL SfESCRIPT11O44 fail ' A PARCEL Oi= LAND AT JOSE MARTI PARK 4N TOE CITY OF MIAMJ, MIAMI-DADE COUNTY, -FLORIDA AAT'Icbg• QEf1H1TI0NS, GEN€RALLYJ 1. CL4E•NT: SHALL MEAN :HE 'CITY OF MIAMI. 2. -SKETCH: SHALL-14AN THE GRAPHIC DEPICTION OF THE MAP. MADE A PART HEREOFAND INCORPORATED HEREIN, REFERENCE 70 WHICH IS MADE FOR A MORE CULL AND COMPLETE DESCRIPTION THEREOF, • 3. SUBJECT PROPERTY: SHALL MEAN ALL THAT LOT, PIECE' OR PARCEL OF LAND INDICATED IN THE LEGAL DESCRIPTION PORTION OF THIS DOCUMENT, REFERENCE TO WHICH IS MACE fOR A MORE FUUU, AN0 COMPLETE DESCRIPTION • THEREOF. 4. COUNTY: SHALL MEAN MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE ,OF FLORIDA. THE NAME OF WHICH WAS CHANCED 'FROM "DADE COUNTY` 6Y ITS 'ELECTORS ON NOVEMBER 13, 1997 AND CODIFIED EIY ITS BOARD OF COUNTY COMMISSIONERS PURSUANT TO COUNTY ORDINANCE NUMBER •97-212. AU. REFERENCES TO •4NSTRUMENT RECORDED PRIOR TO THAT DATE SHALL REFER TO THE PREVIOUS COUNTY NAME AND CONVERSELY. ALL REFERENCES TO INSTRUMENTS RECORDED SUBSEOUENT T•0 THAT DATE (OR MENTION :BY COMMON REPORT. 1&S THE CASE MAY %BE) SHALL. REFER TO THE PRESENT COUNTY NAME. 5. OTY: SHALL MEAN THE CITY or MIAMI, A MUNICIPAL CORPORATION Of. THE -STATE Of 'FLORIDA. ARTICLE 111 LEGAL DESCRIPTION: ALL THAT LOT, PIECE OR PARCEL OF LAND SITUATE, LYING AND 9EING IN THE SIRS. HAGAN DONATION' •LANQS•CIF, TOWNSHIP '54 SOUTH, RANGE 41 EA'ST, CITY OF MIAMI. MIAMI-DADE COUNTY.-'FLORIDA, SEING A PORTION OF WES 18. 49 AND 20 IN BLOCK 28S, "MAP OF MIAMI, DADE CO., FLA.," ACCORDING TO THE PLAT- THEILEOF, A5••RE7CORDED 4N PLAT BOOK it AT PAGE 41 OF THE •PUBLIC RECORDS OF DADE COUNTY (NOW MI -DAD •COUNTY), FLORIOA. THE SAME BEING MORE PARTICULARLY DESCRIBED BY METCS AND BOUNDS A'S FOLLOWS,• VIZ.: O&GIN AT THE SOUTHEAST CORNER OF LOT 20 OF -BLOCK 295. AS SHOWN ON SAID PLAT •OF "MAP OF MIAMI, DADE CO., FL.A.`; THENCE $8754'32'W ALONG THE SOUTH UNE orL.OIS 19, •20 AND A PORTION OF LOT-18 fOR .112.'*2 T: THENCE NO2'15'37"W fOR 7:00 FEET 70 A. POINT OF INTERSECTION WITH THE LIMITED ACCESS RIGHT OF WAY LINE •OF THE NORTH -SOUTH EXPRESSWAY (HIGHWAY 1--95) AS SHOWN IN 114E RIGHT OF WAY M*f' RECORDED tit; 4N ROAD SAT 800K 83 AT PAGE 21 OF THE PUBLIC RECORDS OF DADE COUNTY •(NOW MIAMI-DADE -COUNTY). FLORIDA; THENCE N19'08'071 FOR 34.22 FEET TO A POINT ON• THE WEST LINE OF• SAID LOT 19; THENCE SO2'15'37 E ALONG SAID WEST LINE OF LOT 19 FOR 31.91 FEET; THENCE N87 54'32"E ALONG A LINE 7 FEET NORTH .OF AND PARALLEL. WITH SAID SOUTH LINE or LOTS t9 AND 20 FOR 90.93 FEET 70 A•.POJNT,.or INTERSEC.TION.W1314.:1'•Hf: EAST UNE•OF SAID -LOT f20; THENCE • • 50215'54"£ ALONG SAID EAST LINE OF LOT 20 FOR 7.D0 FEET TO THE POINT OFBEGINNING. , SAID 'PARCEL CONTAINS 992 SQUARE 'FEET, MORE OR LESS. BY CALCULATION. AR'TIC1# In .SOURCES OF DATA: :THHE LEGAL DESCRIPTION AS -CITED UNDER ARTICLE 11 WAS CREATED BASED ON 4HE FOLLOWING 'DATA: 1. BEARINGS AS -SHOWN HEREON REFER TO A CALCULATED BEARING OF •NORTH 437 DEGREES S4 MINUTES 32 SECONDS EAST ALONG THE SOUTH LINE OF BLOCK •28S OF "MAP OF MIAMI, DADE CO., f{A.," ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8 AT PATE 41 OF ,NEPUBLIC RECORDS OF DADE COUNTY (•NOW MIAMI-DADE COUNTY), fLQR1DA. 2. THE RECORDED PLAT OF "MAP OF MIAMI. DADE CO.. FLA.` ACCORDING TO THE PLAT 'THEREOF, AS •RZCORKD 'IN PLAT BOOK 8 AT PASTE 41 OF THE PUBLIC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY.), f•LORIDA. 3. THE 'RECORDED PLAT FOR THE 1-95 EXPRESSWAY A5 RECORDED MARCH 13. 1.f88. IN BOOK 83 AT PAGE 21 OF THE PUBLIC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY, 'FLORIDA), 4, FIELD OATA AS ACQUIRED BY PSS&J DURING THE •OVERALL SURVEY OF JOSE MARTI PARK. 'REVISIONS ^PEVISION No.1i AMENDED PER CLIENT REVIEW (12-•02-05) r THIS DOCUMENT CONSISTS OF THREE (3) Poem AND EACH PAGE $MAIL NOT BE cONSIDEN 0 fI Li. vl1UD AND COMPLETE UNLESS ATTACHED *CO THE 01IERS. 81T 2+011 3 2001 N.W. 1071h AVE. MIAMI, EL 33172-Z507 I!1B5,1 (305)'592- 7275 r'LDRID* CUMTICAlt •Or AU1HORQA•nOR WOOER INN JOSS DTI ?ARC SKETCH T.0 AGO�OMPA f L f.7ESCRIlpION DATE; 12-02-05 OESIGNEO: DRAWN: A.SAENZ CHECKED: DWDEANS JOB NO.; 91-7634.00 0001 fl1�TI4 LE ttNIITATIONS/E'KPRESS PURPOSE: 1. THE CLIENT IS HEREBY ADVISED THAT THERE MAY EIE LEGAL' RESTRICTIONS ON THE SUBJECT PROPERTY 7NAT ,*RE NOT SHOWN ON THE SKETCH OR 'DONTAiNED IT'f1IN PHIS REPORT 'THAT .MAY SE FOUND IN THE PUBLIC RECORDS OF MIAt1I-DARE COUNTY, WE CITY OF IMAM, OR THE RECORDS OF ANY -OTHER PUBLIC AND PRIVATE ENTIiTES AS T C4R JURISDICTIONS MAY APPEAR. 2, 1 415 "SKETCH 70 ACCOMPANY LEGAL DESCRIPTION" DOE'S NOT REPRESENT A FIELD 130UN0ARY SURVEY -0F 714E PROPERTY DESCRIBED IN ARTICLE 11 OR THE UNDERLYING TRACT OF LAND THEREOF. ARTICLE'S/ CLIENT INFORMATION: fl4IS "SKETCH TO ACCOMPANY •LEGAL DESCRIPTION' WAS PREPARED AT THE INSISTENCE •OF AND I5 CERTIFIED TO: THE 6TY OF MIAMI PLANNING AND ZONING DEPARTMENT 'P.Q. BOX 330706 MIAMI, FL 33233-0708 ARTICLE VI SURVEYOR'S CERTIFICATE: I. HEREBY CERTIFY: THAT THIS 'SKETCH TO ACCOMPANY LEGAL .DESCRIPTION" WAS PREPARED UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND FURTHER. THAT SAID SKETCH AND THE DOCUMENTATION APPENDED THEREIN MEETS THE INTENT OF THE APPLICABLE PROVISIONS OF THE 'MINIMUM 'TECHNICAL STANDARDS FDR LAND SURVEYING IN THE STATE or FLORIDA,. PURSUANT TO RULE 81617--6 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW, CHAPTER 472.027 OF THE FLORIDA STATUTES. Pisi.L A FLORIDA CORPORATION 'FLORIDA CERTIFICATE OF AUTHORIZATION NO. •L824 13Y: "-if/ 6,446 CARLOS M. DEL VALLE, PLS •PROFESSIONAL LAND SURVEYOR N0. 4408 STATE OF FLORIDA DATE OF .CERTIFICATION: DECEMBER 2, 2005 (REVISION No.1) NOTICE: NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS AND REPORTS 8Y OTHER THAN THE 'SIGNING PARTY OR PARTIES ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE 'SIGNING PARTY OR PARTIES. THIS DOCUMENT CONSISTS OF MULTIPLE EXHIBITS AND TEXT DATA AND EACH PAGE AND COMPONENT THEREOF SHALL NOT BE CONSIDERED FULL. VALID AND COMPLETED UNLESS APPENDED 10 THE OTHERS. THIS •NOTICE 15 REOUIRED PURSUANT TO 'RULE 81C17--S Of THE FLORIDA ADMINISTRATIVE CODE. 02OO5-PBS&J, A FLORIDA CORPORATKI ALL RIGHTS RESERVED • REVE00149 REVISION No_l: AMENDED PER CLIENT REVIEW (12-02-05). THIS DOCUMENT CDNSISIS a THREE <3) PAGE'S AND • EACH PAGE SHAM. NOT 6E CONSIDERED W.L. 'YAW AND COMP1.ITL UNLESS ATTAGHED 10:FIE OTHERS. MEET S OF 3 PIEMIAIAI, ft 33172-2507 (305) b 12775 2001 N.W. IO71h AVE. FLORIDA «RTI1CAR Oi AUTIIORILA11ON MJY IER LMia4 JOSE 'tv4AR11 ?A* SKETCH TO ACCOMPANY LEA.. tSCR1P11ON DATE: 12-02-08 DESIGNED: DRAWN: A.5AENZ CHECKED: DWDEANS JOB •140.:01-1834.00 0001 EXHIBIT "0" 9R Ae iCM[ M Itial � N - ' s.w. 5th STREET HOAIH UNE. l01 3, BLOCK 31S . (P.D. G. PG. •11) 45754 - 4STATE 4 040 8) .'8 EXPRE4SWAY 14S 4ft.PM.83 PO. 241 .41 5. -......4 t CENTER LINE t CITY OF IAPAMi MONUMENT LINE rA.R N.K. cornf311-LAB' 3 1111714'32T 91)..4114) �Dmeir t T __ 7AD`. kEAS1 LINE 0 L0T 3 K 31. MAP•OF M{AM9� DAB CO., FLA. (PAL .S j Phi. •41 ) . A AT)ONS cA/W w RICHT OF WAY PG. PAGE P:S. la PLAT BOOK R:P.B. •• ROAD 'PLAT 800K pr0.B. a+ POINT OF BEGINNING ('C) + •DENOWS CALCULATED !!1 or DENOTES LIMITED ACCESS R/W LINE REVISIONS REMSION'No.1: AMENDED PER CLIENT REVIEW (12-'02-05) pas.2001 N.W: 107th M€. M1AL11, 'FL 331.7 Aig7 {30�j 592- 7275 CLOW* COR1wI t flF AUiN11RIIAlIwN NWati L321 MISOOMMEMOMMINIMMOMannar 1 THIS DOCUMENT WAISTS OF THREE (3) PAGES AND EACH PAGE•SHALL NOT SE CONSIDERED FDLL, VA.ID AND CQMPLtT( UNL£S6 ATTACHED 10.THE'ORHCltS. 4+IOT A BOUT ARY Sly' WHET 101 3 JOSE MARTI ?ARK SKETCH TO ACCOMPANY LEGAL DESCRN'iION DATE; T2-02--05 DESIGNED: DRAWN: .A.SAENZ CHECKED: CIWOEANS JOB NO.: 1T-1G3A.04 0001 1 . sicgccfi TO ACCOMPANY LEGAL DESORWPTION FOR A PARCEL 'Of LAN) AT DOSE MART1 PARK IN THE CITY OF MIAMI, :MIAMI.DADE COUNTY) fLORICA ARTICLE I DEFINITION$, GENERALLY: 1. Ct4EHT: •SHALL MEAN THE CITY .pV mime. 2. SKETCH:— • SMALL MEAN THE GRAPHIC DEPICTION'OF THE MAP MADE A• PART HEREOF *AND INCORPORAIED 'HEREIN, 'REFERENCE TO VMICH I5 •MADE FOR A MORE FULL ,AND COMPLETE DESCRIPTION THEREOF. 3. SUBJECT PROPERTY; SHALL MEAN ALL THAT LOT, PIECE OR PARCEL OF LAND INDICATED IN THE LEGAL DESCRIPTION PORTION OF THIS DOCUMENT, REFERENCE 10 WHICH IS MACE FOR A MORE 'NULL AND COMPLETE 'DESCRIPTION THEREOF. • 4. COUNTY: SHALL MEAN MIAMI—DADS COUNTY. • A POLITICAL 'SUBDIVISION OF THE STATE -OF FLORIDA, THE NAVE OF W14ICH WAS CHANCED FROM "DADE COUNTY' BY ITS ELECTORS ON hIOVEMBER 13. 1997 AND CODIFIED BY ITS BOARD OF COUNTY COMMISSIONERS PURSUANT TO COUNTY ORDINANCE NUMBER 97-212. ALL REFERENCES TO INSTRUMENT RECORDED PRIOR TO THAT GATE SHALL REFER TO THE PREv10US COUNTY'•NAME AND CONVERSELY. ALL REFERENCES TO INSTRUMENTS RECORDED SUBSEQUENT TO THAT DATE (OR MENTION *BY COMMON REPORT. AS THE CASE MAY !BE) '5. CITY�L RSHALL EFERMEAN THERECITY Of TO THE PSENT COUNTY IAMI. AAMUNICIPAL CORPORATION. OF THE STAVE OF FLORIDA. ARTICLE II LEGAL. DESCRIPTION: AL! THAT LOT, PIECE OR PARCEL OF' LAND SITUATE, LYtNC AND BEING IN R'HE 'MR$. HAGAN DON'AT70N" k•ANDS .OF TOWNSHIP 54 SOUTH. RANGE 41 EAST, CITY Of • MIAMI, MIAMI—DADE COUNTY. FLORIDA, BONG A PORTION OF tOT '3 Of BLOCK 37S, 'MAP OF MIAMI, DADE CO., FLA.,` ACCORDING TO 1'HE PLAT THE$iEOF, AS RECORDED /N PLAT BOOK :S AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY (NOW MIAMI-DADE BOUNTY), FLORIDA; THE SAME BEING MORC PARTICULARLY DESCRIBED 8Y METES AND BOUNDS A5 f•OL.LOWS, VIZ.; BEGIN AT THE NORTHEAST CORNER OF LOT 3 OF BLOCK 37S, AS SHOWN QN SAID PLAT OF. "MAP OF MIAMI, GAM '00., ILA..'THENCE S0215'53 E ALONG THE EAST LINE OF SAID LOT 3 FOR 7:00 FEET; THENCE $97'54'3YW ALONG A 1.44 7 FEET "SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 3 FOR 37.02•FEET: THENCE NO2'L5'53"W ALONG A LINE 37.02 'FEET WESTERLY OF AND PARALLCL WITH THE EAST LINE Of SAID LOT 3 FOR 7.00 FEET 70 A. POINT OF INTERSECTION WITH SAID NORTH LINE OF LOT 3: THENCE 4487'54'32"E .ALONG SAND NORTH LINE OF LOT 3 FOR 3742 FEET TO THE POINT OF BEGINNING. •[ SAID PARCEL CONTAINS 259 SOUARE FEET, MORE OR LE'8S,'SY CALCULATION, ARTICLE 111 SOURCES OF DATA: THE LEGAL DESCRIPTION AS CITED UNDER ARTICLE II WAS CREATED BASED ON THE FOLLOWING DATA: 1. SE-ARINGS AS SHOWN HEREON REFER TO A CALCULATED BEARING Of NORTH 87 DEGREE'S 54'MiNUTES 32 SECTHaFOPL•ATDS CAST ALONG THE NORTH LINE THEREOF, AS REGOROEO N PLAT BLOCK 'B AT PAGE 41 OF MIAMI, E'PUBLICC RECDE ORDS'�OF DADE COUNTY (NOW MIAMI—DADE COUNTY), FLORIDA. 2. THE RECORDED PLAT OF "MAP OF MIAMI, DADE CO., ILA." ACCORDING TO TIE PLAT THEREOF, AS REGORGE* iN PLAT BOOK 8 AT PAGE 41 OF THE PUBLIC RECORDS 4F DAOE COUNTY (NOW I.IIAM1—DADS COUNTY), FLORIOA. 3. THE RECORDED -PLAT FOR THE I-95 EJ.PRt'SSWAY AS RECORDED MARCH 13, 1968. IN ROAD PLAT .BOOK 463 AT PAGE 21 4. fE D DATA SHE PUBLIC ACaiIRCOR8YORDS OF PBS&.J DURINGCTHE •OvERjKL SURVEY W Of ,E COUNTY, ARTILPAtRK ARTICLE'4V LIMITATION'S/EXPRESS PURPOSE: 1. THE CLIENT IS HEREBY ADVISED THAT THERE MAY BE LEGAL RESTRICTIONSON THE SU13JEC1 PROPERTY THAT snRE NOT SHOWN ON THE SKETCH OR CONTAINED WITHIN THIS REPORT THAT ,MAY BE FOUND IN THE PUBLIC RECORDS OF MIAMI—DADE COUNTY. THE CITY OF MIAMI, OR THE 'RECORDS OF ANY OTHER PUBLIC LAND PRIVATE 'ENTITIES AS THEIR JURtSDICTTONS MAY APPEAR, 2. THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION' DOES NOT REPRESENT A FIELD BOUNDARY SURVEY OF.rIHE PROPERTY DESCRIBEC IN ARTICLE II OR THE UNDERLYING TRACT •OF LAND THEREOF. REVISIONS REVISION No.): AMENDED PER 'CL.IENT REv1EW (12--02-05) • ".THIS DOCUMCNT•CONSI$TS OF THREE (3)••PAQES AND • EACH PAGE SHALL NOT BE CONSIDERED FULL, VALID .AND COMP6;TC UNLCS'S ATTACHED TO THE' OTHERS. FM2001 N.W. 107th AVE, MIAMI, fi. 33172-2507 & (305) 592-7275 I OR)OA 4CI:ATKICAIL Or AUSNORRAIMW )R1vet ti9Q� MOLL JOSE MARTI 'PARK SKETCH TO ACCOMPANY LEGAL DESCRIPTION BIyr 2CIF 3 DATE: 12-02-05 DESIGNED: DRAWN: A.SAENZ CHECKED: 0WDEANS JOB NO.: 911634.00 0001 AAT4CL V CLIENT INFORt ATtONr THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION" WAS PREPARED AT 1HE INSISTENCE OF AND IS CERTIFIED TO: THE CITY OF MIA/Al PLANNING AND ZONING DEPARTMENT P.O. 90X 330708 UMW, fL '33233-0708 ARTICLE VI SURVEYORS CERTIfiCATEr, 1 HEREBY CERTIFY: THAT THIS "SKETCH 10 ACCOMPANY LEGAL DESCRIPTION" WAS PREPARE° UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND FURTHER. THAT SAID SKETCH AND THE DOCUMENTATION APPENDED THEREIN MEETS THE INTENT OF THE APPLICABLE PROVISIONS OF THE "MINIMUM TECHNICAL STANDARDS FOR LAND 'SURVEYING IN THE 'STATE OF FLORIDA," PURSUANT TO RULE 151017-8 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW, CHAPTER 472.027 Df THE FLORIDA STATUTES. PRi&.1, A FLORIDA CORPORATION -FLORIDA CERTIFICATE OF AUTHORIZATION NO. 1.824 ey: _eL.dzed te.44 CARLOS M. DEL VALE. 'PLS PROFESSIONAL LAND SURVEYOR NO. 4408 STATE OF FLORIDA DATE OF CERTIFICATION: ' -DECEMBER 2. 2005 (REVISION Ne.1) NOTICE: NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL Of A'FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS AND REPORTS BY OTHER 'THAN THE SIGNING PARTY OR PARTI!S ARE PROHIBITED w1THOUT THE WRITTEN CONSENT Of THE SIGNING PARTY OR PARTIES. THIS DOCUMENT •CONSISTS Of MULTIPLE EXHIBITS AND TEXT DATA AND EACH PAGE AND COMPONENT THEREOF SHALL •NOT •BE CONSIDERED FULL. VALID AND COMPLETED UNLESS APPENDED TO THE OTHERS, THIS NOTICE 15 REQUIRED PURSUANT TO •RULE $IC17-6 OF THE FLORIDA ADMINISTRATIVE CODE. ¢;2005-P85&J, A fLORIDA. CORPORATION ALL RIGHTS RESERVED REVISIONS REVISION No.1: AMENDED PER CLIENT RE111EW (12-02^05) THIS 000UUENT •CONSISTS Of VIM .(3) PAGES ANO EACH PACE •SHALL HOT SE CONSIDERED fULL, VALIO AND COMPLETE UNLESS ATTACHED TO THE OTHERS. T 310F3 3001 N.W. 1071h AVE. AIAMI, F{ 33172-2507., (305)•592-7275 FLORIDA CEIIDFICATE Of AL/D4CRI/ADON NUMBER OP JOSE MA1RTI PARK SKETCH TO ACCOMPANY LEGAL DESCR1PIION • PATE: 12-02-05 DESIGNED: DRAWN; A.SA£N2 CHECKED: DWDEANS JOB N0.:0T-1634.00 0001 4