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HomeMy WebLinkAboutBack-Up DocumentsThis Instrument Prepared By. Kathy Griffin Action No. 45150 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE BOT FILE N0. 130360725 PA N0. 13-104430-P THIS LEASE hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to City of Miami, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as defined in 18-21.003, Florida Administrative Code, contained within the following legal description: Aparcel of sovereignty submerged land in Section 1, Township 54 South, Range 41 East, in Miami River, Miami -Dade County, Florida, containing 1,904 square feet, more or less, as is more particularly described and shown on Attachment A, dated April 26, 2021. TO HAVE THE USE OF the hereinabove described premises for a period of 10 years from August 9, 2021, the effective date of this lease. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a kayak launch, observation platform, floating boardwalk and dredging of approximately 713 square feet to remove existing armoring in conjunction with an upland City Park (Jose Marti Park), without fueling facilities, with a sewage pum pout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 25, as shown and conditioned in Attachment A, and the South Florida Water Management District Environmental Resource Permit No. 13-104430-P, dated September 9, 2021, incorporated herein and made a part of this lease by reference. The construction of the structures described in Attachment A shall be completed within the initial term hereof or within the first 5 years of the initial term if the initial term is for a period greater than 5 years. The failure to complete the construction of all authorized structures within this time period shall constitute a material breach of the lease causing the lease to automatically terminate upon the expiration of the initial term or 5 years, whichever is sooner, without any right of renewal. All of the foregoing subject to the remaining conditions of this lease. [02] 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the perm it(s) referenced in paragraph 1 of this lease. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multifamily residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter tour boats, from loading offloading commercial to rental of wet slips, etc.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit, or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment Bwithout first obtaining a regulatory permit modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease. 3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(32), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. 4. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) the gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the entire term of this lease plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 6. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land herei nbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessees leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. 7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21 .004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessees interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. Page 2 of 15 SSL NO. 130360725 8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without poor written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of this lease, current management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 9. LIABILITY/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing hereinshall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 10. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above -described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Miami, FL Attn: Mr. Arthur Noriega 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individuals race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Page 3 of 15 SSL NO. 130360725 17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 10 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Su of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required, and (b) the location or size of the lift does not increase the mooring capacity of the docking facility. 22. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURALREPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless/specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation o/f� Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare, provided, however, that such activities shall not exceed the activities authorized by this lease. Page 4 of 15 SSL NO. 130360725 23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by 25. LIVEABOARDS: The term liveaboard is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such liveaboard status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in cruises to nowhere, where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 27. SPECIAL LEASE CONDITION(S): A. Use of kayak facilities is for non -motorized vessels such as kayaks and canoes only. B. The observation platforms shall be for visual access only and shall not be utilized or accessible for boating use or mooring. C. The permittee shall prohibit mooring, on either a temporary or permanent basis, along the observation platforms and boardwalk as depicted in Exhibit 2.0A. To ensure compliance, the permittee shall place and maintain: (1) handrails along the northern eastern face of the structure, and (2) signs advising boaters that mooring at the above described locations, on either -I a temporary or permanent basis, is prohibited. Railings and signage shall be installed within 10 days of completion of the boardwalk. Handrails and signs shall be maintained during the term of this lease and all subsequent renewal terms. [Remainder of page intentionally left blank, Signature page follows] Page 5 of 15 SSL NO. 130360725 INWITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES: BY: Print/Type Nee of Witness Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Division of State Lands, State of Florida Department of State of Florida. "LESSOR" The foregoing instrument was acknowledged before /me by means of physical presence this day of 20 , by Brad Richardson, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. He is personally known to me. PROVED SUBJECT TO PROPER EXECUTION: 4/29/2022 EP Attorney Date Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 6 of 15 SSL NO. 130360725 WITNESSES: Typed/Printed Name of Witness Typed/Printed Name of Witness STATE OF COUNTY OF City of Miami, Florida BY: (SEAL) Arthur Noriega Typed/Printed Name of Executing Authority City Manager Title of Executing Authority "LESSEE" The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 20 , by Arthur Noriega as City Manager, for and on behalf of City of Miami, Florida. She is personally known to me or who has produced , as identification. My Commission Expires: Commission/Serial No. Page 7 of 15 SSL NO. 130360725 3/25/22, 7:58 AM Bing Maps - Directions, trip planning, traffic cameras & more 351 SW 4th St, Miami, FL 33130 A«achY ent A Page8of15 SSL NO. 130360725 w .S 1 SPECIFIC PURPOSE SURVEY RIPARIAN LINE S.W. 2nd STREET 1922 5110RE LINE EXISTING PAHWL S.W. 3rd STREET Lh AVENUE 3 U1 KEY MAP: \ SUMERGED LANDS LEASE AREA S.W. 4th STREET MAP 0 MIAMI DADE CO. FLA. P.D. B, G. 41) P1 OCK 2Bs 5" 1 12 13 NOT A 1'Alt I OF THE BOUNDARY SIIPVEY MAP OF MIAMI DADE C.O. FLA. (P.B. B. PG. 41) BOCK 3/s 10 NOT A PART OF THE BOUNDAP' 1927 NS HARBOR LINE BISCAYNE BAY AQUATIC PRESERVE RIPARIAN LIIIE 10B HOT A. FART OF THE 20000 RY SURVEY 11B FDOT LEASED ARLA 3G HIVFRSIDE WATERFRON IS 1 I'.B. 25, PG. 77) S.W. 5th STREET FOOT LEASED AREA rO LICENSED BUSINESS No.2439 2 /4AP OF MIA1I DADE CO. FLA. (P E. B, PC. 41) BLOCK BASEBALL FIELD 12 19 20 S.W. 6th STREET PROJECT NUMBER: IG-o59 MANUEL G.VERA AND ASSOCIATES, INC. ENGINEERS -SURVEYORS $ MAPPERS 13960 S.W. 47th ST. MIAMI, FLORIDA 33 175 PHONE: (305) 22 I -G2 1 0 e-mail: snuln@mgvera.com TYPE OF PROJECT. SPECIOIC PURPOSE SURVEY PROJECT NAME: JOSE MARTI PARK DATE: 04-2 0-202 I DRAWN BY: DE SCALE I=200 SHEET 20F5 Page 9 of 15 ABBREVIATIONS: (M.) (R.) (L.D.) M.H.W.L. UTIL. ESMT. UTIL. F.H. ENCRO. R/W SWK M.H. SQ. FT. PKY L.P. PVMT C.B. W.M. W.V. S.S.M.H. T.B.M. FPL BELL SO. C.B.S. C & G CONC. FD.P.K. FD.I.P. SET I.P. FD. N&D SET N&D Fd DH P.O.B. P.O.C. FD. BLDG F.F.ELEV.: PG P.B. TYP SLLA =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES =DENOTES SPECIFIC PURPOSE SURVEY MEASURED RECORD LEGAL DESCRIPTION MEAN HIGH WATER LINE UTILITY EASEMENT UTILITY FIRE HYDRANT ENCROACHMENT RIGHT OF WAY SIDEWALK MAN HOLE SQUARE FEET. PARKWAY LIGHT POLE PAVEMENT CATCH BASIN WATER METER WATER VALVE SANITARY SEWER MANHOLE TEMPORARY BENCH MARK FLORIDA POWER AND LIGHT BELLSOUTH BOX CONCRETE BLOCK & STUCCO CURB AND GUTTER CONCRETE FOUND P.K. NAIL FOUND 1/2" IRON PIPE (NO I.D.) SET 1/2"(18" LONG) IRON PIPE WITH CAP NO. 2262 FOUND NAIL AND DISC SET NAIL AND DISC 2262 FOUND DRILL HOLE POINT OF BEGINNING POINT OF COMMENCEMENT FOUND BUILDING FINISH FLOOR ELEVATION PAGE PLAT BOOK TYPICAL SUBMERGED LANDS LEASE AREA LICENSED BUSINESS No.2439 LEGEND: SS u O 0 WV EV MONUMENT LINE CENTERLINE PROPERTY LINE CATCH BASIN CURB INLET DRAINAGE MANHOLE SANITARY SEWER MANHOLE TELEPHONE MANHOLE FIRE HYDRANT GUARD POLE GUY ANCHOR SIGN CONCRETE LIGHT POLE WATER VALVE ELECTRIC VALVE Z J`� TREE PALM T-XXX NUMBER OF TREE or PALM LINE TYPES: CHAIN LINK FENCE WOOD FENCE CONCRETE WALL IRON FENCE GUARD RAIL OVER HEAD WIRE RIGHT OF WAY LIMITS SURVEY TIE LINE CONCRETE PROPOSED LIVING SHORELINE PLANTER PROJECT NUMBER: I C-59 MANUEL G.VERA AND ASSOCIATES, INC ENGINEERS -SURVEYORS *• MAPPERS 139GO S.W. 47th ST. MIAMI, ELORIDA 33 175 PHONE: (305) 22 I -G.2 I 0 e-mail: snum@mgvera.com TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY PROJECT NAME: JOSE MAPFTI PARK DATE: 04-25-202 I DRAWN BY: Di1 SCALE N.A. SHEET 30F5 Acca�hYnenc A Page 10 of 15 SPECIFIC PURPOSE SURVEY LEGAL DESCRIPTION SUBMERGED LAND LEASE AREA: A PORTION OF RIVERSIDE WATERFRONTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING IN SECTION 1, TOWNSHIP 54 SOUTH, RANGE 41 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTERLINE INTERSECTION OF SW 4th AVENUE AND SW 2nd STREET; THENCE N 87°45'07" E ALONG THE CENTERLINE OF SAID SW 2nd STREET AND ITS EASTERLY EXTENSION, FOR A DISTANCE OF 25.00 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID SW 4th AVENUE; THENCE N 02°14'53" W, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SW 4th AVENUE FOR A DISTANCE OF 21.24 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTH 20.00 FEET OF THE SOUTH 1/2 OF LOT 2B AS RECORDED IN SAID PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; THENCE N 87'43'50" E ALONG SAID SOUTH LINE OF THE NORTH 20.00 FEET OF THE SOUTH 1/2 OF LOT 2B AS RECORDED IN SAID PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FOR A DISTANCE OF 150.31 FEET; THENCE S 00°47'48" E FOR A DISTANCE OF 5.65 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE S 09°19'06" E FOR A DISTANCE OF 26.58 FEET; THENCE N 86°45'58" E FOR A DISTANCE OF 5.74 FEET; THENCE S 15°28'20" E FOR A DISTANCE OF 115.29 FEET TO THE POINT OF INTERSECTION WITH THE 1951 SHORELINE OF THE MIAMI RIVER AS TAKEN FROM AN AERIAL IMAGE; THENCE ALONG THE PREVIOUSLY DESCRIBED 1951 SHORELINE OF THE MIAMI RIVER FOR THE FOLLOWING TWO (2) COURSES; (1) THENCE N 29°58'24" W FOR A DISTANCE OF 35.63 FEET; (2) THENCE N 24°02'21" W FOR A DISTANCE OF 101.78 FEET; THENCE N 03°57'40" W FOR A DISTANCE OF 10.08 FEET; THENCE N 80°40'54" E FOR A DISTANCE OF 19.42 FEET TO THE POINT OF BEGINNING. CONTAINING 1,904 SQUARE FEET MORE OR LESS. SURVEYOR'S REPORT: THIS IS NOT A BOUNDARY SURVEY, THIS IS A SPECIFIC PURPOSE SURVEY TO DELIMIT THE SUBMERGED LAND LEASE AREA. THIS IS A FIELD SURVEY. THIS SPECIFIC PURPOSE SURVEY WAS PREPARED IN ACCORDANCE WITH THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES AND TO CHAPTER 5J-17 OF THE F.A.C. BEARINGS ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2011 (NAD83/11). A BEARING OF N 02°14' 53" W WAS ESTABLISHED ALONG THE CENTERLINE OF SW 4TH AVENUE. NO EXCAVATION WAS MADE AS TO SHOW THE SUBJECT PROPERTY IS SERVED BY UTILITIES.SUBSURFACE UTILITIES, INCLUDING, BUT WITHOUT LIMITATION TO PIPES, WIRES, VAULTS, BOXES, DRAIN TILES, VOIDS, CABLES AND OTHER MATERIALS ANCILLARY TO THE DELIVERY AND/OR DISPOSAL OF WATER, WASTEWATER, SEWAGE, ELECTRICITY, GAS, TELEPHONE SERVICE, CABLE TELEVISION OR AS THEY MAY EXIST WITHIN, UPON, ACROSS OR ABUTTING THE SUBJECT PROPERTY WERE NOT PHYSICALLY LOCATED. OTHER SUBSURFACE STRUCTURES AS THEY MAY EXIST WITHIN, UPON, ACROSS OR ABUTTING THE SUBJECT PROPERTY WERE NOT LOCATED UNLESS OTHERWISE SHOWN ON THE SURVEY MAP OR ACCOUNTED FOR IN THE PRECEDING STATEMENT OF THIS SECTION.THIS NOTICE IS REQUIRED BY THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA, " PURSUANT TO RULE 61 G17-6 OF THE FLORIDA ADMINISTRATIVE CODE. THE SURVEY MAP IS INTENDED TO BE DISPLAYED AT THE STATED GRAPHIC SCALES IN ENGLISH UNITS OF MEASUREMENT AS DEPICTED ON THE SURVEY MAP.ATTENTION IS DIRECTED TO THE FACT THAT SAID SURVEY MAP MAY BE ALTERED IN SCALE BY REPRODUCTION AND MUST BE CONSIDERED WHEN OBTAINING SCALED DATA. THERE MAY BE UNDERGROUND UTILITIES CROSSING THIS PROPERTY. UTILITY COMPANIES MUST BE NOTIFIED BEFORE ANY DIGGING OR CONSTRUCTION BEGINS ON THIS PROPERTY. MEAN HIGH WATER ELEVATION (+)0.01' (NAVD88) WAS PROVIDED BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). 1922 HARBOR LINE TAKEN FROM RECORDED PLAT WATERSIDE RIVERFRONT AS RECORDED IN PLAT BOOK 25 AT PAGE 72 IS FOR INFORMATION PURPOSE ONLY. THE DEPARTMENT OF ENVIRONMENTAL PROTECTION RECOMMENDED TO USE THE 1922 HARBOR LINE PROVIDED BY THE US ARMY CORPS OF ENGINEERS.SEE SKETCH OF SURVEY. DATE OF FIELD SURVEY: 03/03/20 CERTIFIED TO: -BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA -CITY OF MIAMI LICENSED BUSINESS No.2439 PROJECT NUMBER: I C-59 MANUEL G.VERA AND ASSOCIATES, INC ENGINEERS -SURVEYORS *• MAPPERS 139G0 S.W. 47th ST. MIAMI, ELORIDA 33 175 PHONE: (305) 22 1-62 I 0 e-mail: snum@mgvera.com TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY PROJECT NAME: JOSE MARTI PARK DATE: 04-25-202 I DRAWN BY: Dd SCALE N.A. SHEET 4OF5 Page 11 of 15 N87'43'32'E Th S.W. 2nd STREET NO2° 14'53" \N SPECIFIC PURPOSE SURVEY 7.06' N 87'45'07" E 25.00' 7 O Ni- Ni 1-0 0 W I5.0 25.00' S.W. 4th AVENUE W 0 = w H O H 0 w OJ LLJ W w 2 0 0 - o..�rA I I O w 0 W = 2 E- H- TW +6.00' 150.31' BW -9.00' N 87°43'50' E N 8040'54' E 19.42' 0 LICENSED BUSINESS No.2439 5.48' TO RIPARIAN LINE TO THE NORTH RIPARIAN �1Nt S00'47'48'E\ 5.65' P.O.B._ SLLA \,\\\\�\\\\\\\\\\\\\\\\luu \\,\\\ \0,1000100,0 \\\\\\\`\\\\\\\\\\\\\\\\\\\\\\\\\\ 1\\\\ ?;' `1'11N1e\ \\\\\\ p\\ Atu.p\\ \\\\\\\\\\\\\\\\\\\\!!:A\\\1 A !\\\ `vA A\\\\\ �;:�\\\\\ \\\\\\\\\\\\\\\\\\\\\\\1i�VAV9 pp\ \\\\\\\\\\\\\\\\\\\\,\`\\Q\\\\\\\\\ ,'. \\\\\\\\\\!!\\\ ', �\\\ 0000 cn 0' w -750 Zoo 447.61' TO RIPARIAN LINE TO THE SOUTH PROJECT NUMBER: 15-559 MANUEL G.VERA AND ASSOCIATES, INC ENGINEERS -SURVEYORS *• MAPPERS 13960 S.W. 47th ST. MIAMI, ELORIDA 33 175 PHONE: (305) 22 I -62 I 0 e-mail: snum@mgvera.com TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY PROJECT NAME: JOSE MARTI PARK DATE: 04-25-202 I DRAWN BY: Di1 SCALE 1 =30 SHEET 5 OF Page 12 of 15 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA DISCLAIMER No. 42113(6815-13) THIS DISCLAIMER made by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as Grantor, and CITY OF MIAMI, FLORIDA, a Florida municipal corporation, as Grantee; WITNESSETH, that the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida pursuant to the provisions of Section 253.129, Florida Statutes, subject to any inalienable trust under which the State holds such lands, has released, relinquished, surrendered and disclaimed, and by these presents does hereby release, relinquish, surrender, and disclaim to said Grantee, whose address is 444 SW 2°d Avenue, Suite #10, Miami, Florida 33130, its successors and assigns, any and all right, title or interest, in and to the following described parcel of land located in Miami -Dade County, Florida, to -wit: THE FOLLOWING THREE (3) PARCELS BEING A PORTION OF RIVERSIDE WATERFRONTS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: PART 1 COMMENCE AT THE CENTERLINE INTERSECTION OF SW 4TH AVENUE AND SW 2ND STREET; THENCE N 87°45'07" E ALONG THE CENTERLINE OF SAID SW 2ND STREET AND ITS EASTERLY EXTENSION, FOR A DISTANCE OF 25.00 FEET TO THE POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SAID SW 4TH AVENUE; THENCE N 02°14'53" W, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SW 4TH AVENUE FOR A DISTANCE OF 21.24 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTH 20.00 FEET OF THE SOUTH 1/2 OF LOT 2B AS RECORDED IN SAID PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; THENCE N 87°43'50" E ALONG SAID SOUTH LINE OF THE NORTH 20.00 FEET OF THE SOUTH 1/2 OF LOT 2B AS RECORDED IN SAID PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FOR A DISTANCE OF 103.10 FEET TO THE POINT OF INTERSECTION WITH THE 1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE N 87°43'50" E ALONG SAID SOUTH LINE OF THE NORTH 20.00 FEET OF THE SOUTH 1/2 OF T.OT ?R FOR A T)TfiTANCF OF ?7_61 FFFT Tn THF. POINT ()F INTFRSFCTION WITH A Lib 1 ANUt U1' b4. /b Et. 1; b) 1 HENCL S 38-28'57" E FOR A DISTANCE OF 32.32 FEET; 7) THENCE S 48°34'41" W FOR A DISTANCE OF 29.45 FEET TO THE POINT OF INTERSECTION WITH THE 1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SAID POINT BEING POINT "A"; THENCE ALONG SAID 1922 SHORELINE OF THE MIAMI RIVER, FOR THE FOLLOWING DESCRIBED FIVE (5) COURSES; 1) THENCE N 25°39'01" W FOR A DISTANCE OF 24.82 FEET; 2) THENCE N 26°33'54" W FOR A DISTANCE OF 230.01 FEET; 3) THENCE N 27°1 T03" W FOR A DISTANCE OF 46.39 FEET; 4) THENCE N 11°48'36" W FOR A DISTANCE OF 48.78 FEET; 5) THENCE N 07°45'15" W FOR A DISTANCE OF 77.09 FEET TO THE POINT OF BEGINNING. AND PART II COMMENCE AT THE ABOVE ESTABLISHED POINT "A"; SAID POINT BEING ON THE 1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; THENCE S 25°39'O1" E, ALONG SAID 1922 SHORELINE OF THE MIAMI RIVER FOR A DISTANCE OF 34.82 FEET TO THE POINT OF INTERSECTION WITH THE 1951 SHORELINE OF THE MIAMI RIVER AS TAKEN FROM AN AERIAL IMAGE, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE ALONG SAID 1951 SHORELINE OF THE MIAMI RIVER AS TAKEN FROM AN AERIAL IMAGE, FOR THE FOLLOWING DESCRIBED FOUR (4) COURSES; 1) THENCE N 51°04'54" E FOR A DISTANCE OF 29.47 FEET; 2) THENCE S 36°54'58" E FOR A DISTANCE OF 106.74 FEET; 3) THENCE S 49°40'41" W FOR A DISTANCE OF 19.12 FEET; 4) THENCE S 52°41'49" W FOR A DISTANCE OF 16.74 FEET TO THE POINT OF INTERSECTION WITH THE 1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SAID POINT BEING POINT "B"; THENCE ALONG SAID 1922 SHORELINE OF THE MIAMI RIVER, FOR THE FOLLOWING DESCRIBED TWO (2) COURSES; 1) THENCE N 37°42'34" W FOR A DISTANCE OF 70.08 FEET; 2) THENCE N 25°39'O1" W FOR A DISTANCE OF 37.62 FEET TO THE POINT OF BEGINNING. AND PART III COMMENCE AT THE ABOVE ESTABLISHED POINT "B"; SAID POINT BEING ON THE 1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; THENCE S 37°42'34" E, ALONG SAID 1922 SHORELINE OF THE MIAMI RIVER FOR A DISTANCE OF 14.87 FEET TO THE POINT OF INTERSECTION WITH THE 1951 SHORELINE OF THE MIAMI RIVER AS TAKEN FROM AN AERIAL IMAGE, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE ALONG SAID 1951 SHORELINE OF THE MIAMI RIVER AS TAKEN FROM AN AERIAL IMAGE, FOR THE FOLLOWING DESCRIBED FOUR (4) COURSES; 1) THENCE N 54°57'38" E FOR A DISTANCE OF 33.67 FEET; 2) THENCE S 27°53'14" E FOR A DISTANCE OF 18.89 FEET TO THE POINT OF INTERSECTION WITH THE LIMITED ACCESS RIGHT-OF-WAY LINE OF INTERSTATE I-95 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP FOR SECTION 87270-2425; 3) THENCE S 21°13'45" W, ALONG SAID LIMITED ACCESS RIGHT-OF-WAY LINE, FOR A DISTANCE OF 23.58 FEET; 4) THENCE S 53°17'42" W FOR A DISTANCE OF 10.22 FEET TO THE POINT OF INTERSECTION WITH SAID 1922 SHORELINE OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; THENCE N 37°42'34" W, ALONG SAID 1922 SHORELINE OF THE MIAMI RIVER, FOR A DISTANCE OF 32.16 FEET TO THE POINT OF BEGINNING. names and have caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA to be hereunto affixed in the City of Tallahassee, Florida, on this the 10t day of rib rvia, r y A.D., 2021 (SEAL) BOAT 6k TRILS'EEES OF THE INr'MiyAA IMPROVEMENT TI S ' OF: -THE STATE OF FL c • u A.= it(_ Q'„1.0 1'i This Instrument Prepared by Jody Miller Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 ON DESANTIS GOVERNOR HLEYM,i.D A ORNEY MY P ONIS HIEF FIN CIAL OFFICER L COMMISSIONER OF AGRICULTURE As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA