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
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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.
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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