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HomeMy WebLinkAbout26002AGREEMENT INFORMATION AGREEMENT NUMBER 26002 NAME/TYPE OF AGREEMENT FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND DESCRIPTION LEASE AGREEMENT/SUBMERGED LANDS ADJACENT TO JOSE MARTI PARK/FILE ID: 11998/R-22-0214/MATTER ID: 26- 304 EFFECTIVE DATE April 29, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/27/2026 DATE RECEIVED FROM ISSUING DEPT. 3/4/2026 NOTE a QDO FLORIDA DEPARTMENT OF Environmental Protection Marjory and Archie Carr Building 3800 Commonwealth Boulevard Tallahassee, FL 32399 03/04/2026 City of Miami Attn: Todd B. Hannon 3500 Pan American Drive Miami, FL 33133 Lease Agreement No. 130360725 Dear Mr. Hannon: Ron De$antls Govemor Jar Collins Lt Govemor Muds A. Lambert Secretary Enclosed is a fully executed original New for Lease Agreement No. 130360725 for your records. The original instrument, at your discretion, may be recorded in the official records of the county where the site is located. If the billing agent, phone number, or fax number changes, or there is a change in tax status, please notify the Division of State Lands, Revenue Section in writing within 30 days of the date of any change. Thank you for your assistance and cooperation in this matter. Should you have any questions, please contact me at (850) 245-2753 or Celeda.WallaceAFloridaDEP.gov. Sincerely, eastida. u2aizac..4. Celeda Wallace Government Operations Consultant III Bureau of Public Land Administration Division of State Lands State of Florida Department of Environmental Protection Enclosures Cc: File a3A13a32J Action # 49452 This Instrument Prepared By: Lauren Cruz Action No. 49452 Bureau of Public Land Administration 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 MODIFICATION TO INCREASE SQUARE FOOTAGE, REFLECT UPDATED SURVEY AND EXTEND TERM BOT FILE NO. 130360725 PA NO. 13-104430-P THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of 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, a Florida municipal corporation, hereinafter referred to as the Lessee, the sovereignty submerged lands as defined in 18-21.003, Florida Administrative Code, contained within the following legal description: A parcel of sovereignty submerged land in Section 01, Township 54 South, Range 41 East, in Miami River, Miami -Dade County, Florida, containing 2,246 square feet, more or less, as is more particularly described and shown on Attachment A, dated June 8, 2022. TO HAVE THE USE OF the hereinabove described premises from April 29, 2024, the effective date of this modified lease through August 9, 2046, the expiration date of this modified lease. The terms and conditions on and for which this modified 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 pumpout 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 27, 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, and South Florida Water Management District Environmental Resource Permit No. 13-104430-P, dated April 29, 2024, incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this lease. 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, 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 permit(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 multi -family 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 B without 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 days after each anniversary of the 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(31), 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 hereinbefore 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 Lessee's 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 Lessee's 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 Pages Sovereignty Submerged Lands Lease No. 130360725 8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior 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 attributed to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall 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 -Real Estate Services 444 SW 2nd Ave 9th 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 shall maintain the leased premises in good 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-DISCRIINIINATION: The Lessee shall not discriminate against any individual because of that individual's 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. Page 3 of 15 Pages Sovereignty Submerged Lands Lease No. 130360725 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 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: Subject to the noticing provisions of Paragraph 18 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. Page 4 of 15 Pages Sovereignty Submerged Lands Lease No. 130360725 22. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: 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 of 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. 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 the Lessor. 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 liveabbards 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 CONDITIONS: A. Use of kayak facilities is for non -motorized vessels such as kayaks and canoes only. B. The observation platform shall be for visual access only and shall not be utilized or accessible for boating use or mooring. C. The Lessee shall prohibit mooring, on either a temporary or permanent basis, along the observation platform and boardwalk. To ensure compliance, the Lessee shall place and maintain handrails along the northern/eastern face of the structure, and (2) signs advising boaters that mooring at the above described locations, on either a temporary or permanent basis, is prohibited. Railings and signage shall be installed with 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 Pages Sovereignty Submerged Lands Lease No. 130360725 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the d WITNESSES: ��; Signature: Q _C=I,�, ��J Wa(40L- Printed Name: Cf.( P LQ O el • l LA, f a i�- Address: 3800 Commonwealth Blvd Tallahassee, FL 32399 Signature: `cP/1th 2-Lte-C1/4,1-/ Printed Name: M14 Cheie /'eh5 Address:3800 Commonwealth Blvd Tallahassee, FL 32399 STATE OF FLORIDA COUNTY OF LEON BOA IMPR OF F BY: Brad R Adminis Florida D as agent for Trustees of the • ►.� • 0 of the State of Florida ve written. E �EN7RNS( /440 TEES OF THE T TRU, . tildi OF AM6. o Chief, Bureau of Pu. c D ' ion of State L. . slSta c f o ot-, 4fatgOt . E j' "LESSOR" rd �f ,_, The foregoing instrument was acknowledged before me by means of physical presence this 3 day of /V 1 . th 20!fiy 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 APPROVED SUBJECT TO PROPER EXECUTION: aS616* • on, st Fund State of Florida. He is personally known to me. /B 5' 1/21/2025 DEP Attomey Date Page 6 of 15 Pages Sovereignty Submerged Lands Lease No. 130360725 Notary Public, State of F CELEDA A. WALLACE t Commission # HH 504171 Expires March 13, 2028 Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. ATTEST: Signature: [DocuiManed by: EnoD,5buth.Fiaa9... Printed Name: Todd B. Hannon, City Clerk Address: 3500 Pan American Drive Miami, Florida 33133 APPROVED-AtSciOr ORM AND CORRECTNESS: Signature: Rise Si (ll g 6o7raesreDoz,oe... Printed Name: George Wysong, City Attorney Address:444 SW 2nd Avenue Miami. Florida 33130 e--os J1/ #26-304 STATE OF Ck r AU COUNTY OF ILA,um. City of Miami, Florida, a municipal corporation of the State of Florida Signed by: BY: l v ACSC2 CF2CCM7a.. Original Signature of Executing Authority James Reyes Typed/Printed Name of Executing Authority City Manager Title of Executing Authority �— Signed by: (SEAL) *PPRA iAS TO INSURANCE REQUIREMENTS %r'ata Da vid Director Risk Management Administrator "LESSEE" The foregoing instrument was acknowledged before me by means of _ physical presence or —online notarization, this )/ day of Vp10irUu✓ , 20oi{e , by James Reyes, as City Manager, for and on behalf of the City of Miami. Florida. a municipal corporation of the State of Florida. He is personally known to me or has produced , as identification. My Commission Expires: ��, ► t)0 000C\ Commission/Serial No. H l (C a 3ti 1 5( Page 7 of 15 Pages Sovereignty Submerged Lands Lease No. 130360725 SignatureofNotary Notary Public, State of frier, Printed. Typed or Stamped Name SANDRA GILBERT MY COMMISSION # NH 623478 EXPIRES: April 20, 2029 SPECIFIC PURPOSE SURVEY LOCATION MAP: SURVEYOR'S CERTIFICATION : I HEREBY CERTIFY THAT THIS SPECIFIC PURPOSE SURVEY WAS PREPARED UNDER MY DIRECT SUPERVISION AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Carlos E Alonso Digitally signed by Carlos E Alonso Date: 2022.06.08 001159 -04'00' CARLOS E. ALONSO PROFESSIONAL SURVEYOR AND MAPPER No. GGGD STATE OF FLORIDA NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSE SURVEYOR AND MAPPER. Attachment A LICENSED BUSINESS No.2439 Page 8 of 15 Pages SSLL NO. 130360725 s 1 PROJECT NUMBER: 16-659 MANUEL G.VERA AND ASSOCIATES, INC. ENGINEERS -SURVEYORS $ MAPPERS 13960 S.W. 47th ST. MIAMI, FLORIDA 33 175 PHONE: (305) 22 I -62 I 0 e-mail:_snuin@mgvera.com TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY PROJECT NAME: JOSE MARTI PARK DATE: O6-O I -2022 DRAWN BY: DIi SCALE N.A. SMEET I OF 5 S 1 Attachment A Page 9 of 15 Pages SSLL NO. 130360725 SPECIFIC PURPOSE SURVEY RIPARIAN LINE S.W. 2nd STREET 1922 SHORE LINE EXISTING MHWL S.W. 3rd STREET KEY MAP: 1B Idt0 fiB 6M m s � c 2M o 90 iZA 3M y SUMERGED LANDS LEASE AREA 5M 4M 3 2 1H 1Mc w 4 5 i L/1 2L fi S W. 4th STREET 7 SUMERGED LANDS LEASE AREA 1922 US HARBOR LINE LA T n O BISCAYNE BAY AQUATIC PRESERVE 1 ,c .11111, o 1 ]OB NOT A PART OF THE BOUNDARY SURVEY 1B FDOT LEASED AREA 9 7 fi a MAP 0 MIAMI DADE CO. FLA. (PH. B. G. 41) 14 BLOCK 285 11 12 13 NOT A PART OF THE BOUNDARY SURVEY rA9� Bye( 19 20 S.W. 5th STREET MAP OF MIAMI DADE CO. FLA. IP.11 BLOCK 37541) 10 NOT A PART OF THE .BOUNDARY SURVEY'12 5 FDOT LEASED AREA jl 3¢i 4 3 2 MAP OF MIAMI DADE CO. FLA. ) .B. B. PG. 41) 7 BLOCK 375 BAS BALL FIELD 18 19 20 LICENSED BUSINESS No.2439 S.W. 6th STREET RIPARIAN LINE 1G 2G 3G RIVERSIDE WATERFRONTS (P.B. 25, PG. 72) 4G PROJECT NUMBER: 16-659 MANUEL G.VERA AND ASSOCIATES, INC. ENGINEERS -SURVEYORS $ MAPPERS 13960 S.W. 47th ST. MIAMI, FLORIDA 33 1 75 PHONE: (305) 22 I -6210 e-mall: snu)n@mgvera.com TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY PROJECT NAME: JOSE MARTI PARK DATE: 06-0 I -2022 DRAWN BY: DH SCALE I=200 SHEET 20F5 SPECIFIC PURPOSE SURVEY ABBREVIATIONS: LEGEND: (M) =DENOTES MEASURED (R.) (L.D.) M.H.W.L. UTIL. ESMT. U11L. ENCRO. R/W SWK M.H. SQ. FT. PVMT 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 PG P.B. TYP SLLA =DENOTES RECORD =DENOTES LEGAL DESCRIPTION =DENOTES MEAN HIGH WATER LINE =DENOTES UTILITY EASEMENT =DENOTES UTILITY =DENOTES ENCROACHMENT — DENOTES RIGHT OF WAY =DENOTES SIDEWALK =DENOTES MAN HOLE =DENOTES SQUARE FEET. =DENOTES PAVEMENT =DENOTES FOUND P.K. NAIL =DENOTES FOUND 1/2" IRON PIPE (NO I.D.) =DENOTES SET 1/2"(18" LONG) IRON PIPE WITH CAP NO. 2262 =DENOTES FOUND NAIL AND DISC =DENOTES SET NAIL AND DISC 2262 =DENOTES FOUND DRILL HOLE =DENOTES POINT OF BEGINNING =DENOTES POINT OF COMMENCEMENT =DENOTES FOUND =DENOTES BUILDING =DENOTES PAGE =DENOTES PLAT BOOK — DENOTES TYPICAL =DENOTES SUBMERGED LANDS LEASE AREA SURVEYORS REPORT: • MONUMENT LINE • CENTERUNE FP PROPERTY LINE LINE TYPES: —X—X—X- -/ /—/ /—/ I— • CHAIN LINK FENCE WOOD FENCE CONCRETE WALL IRON FENCE GUARD RAIL OVER HEAD WIRE RIGHT OF WAY UMITS SURVEY TIE UNE CONCRETE PROPOSED LIVING SHORELINE PLANTER THIS IS NOT A BOUNDARY SURVEY, THIS IS A SPECIFIC PURPOSE SURVEY TO DEUMIT 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 ENGUSH 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 UTIUTIES 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 UNE 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 Attachment A Page 10 of 15 Pages SSLL NO. 130360725 LICENSED BUSINESS No.2439 PROJECT NUMBER: 16-659 MANUEL G.VERA AND ASSOCIATES, INC. ENGINEERS -SURVEYORS $ MAPPERS 13960 S.W. 47th ST. MIAMI, FLORIDA 33 175 PHONE: (305) 22 I -62 I 0 e-mail: snuin@mgvera.com TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY PROJECT NAME: JOSE MARTI PARK DATE: O6-O I -2022 DRAWN BY: DN SCALE N.A. SHEET 3 OF 5 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: PART I 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, FLORIDA, THENCE N 87°43'50" E ALONG SAID SOUTH UNE 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 130.73 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 N 87°43'50" E FOR A DISTANCE OF 19.58 FEET; THENCE S 00°4748" E FOR A DISTANCE OF 5.64 FEET; 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 18.11 FEET TO THE POINT OF BEGINNING. CONTAINING 2,036 SQUARE FEET MORE OR LESS. AND PART II 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 UNE 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 A POINT OF INTERSECTION WITH THE 1922 SHORELINE FROM FDEP OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; THENCE ALONG THE PREVIOUSLY DESCRIBED 1922 SHOREUNE OF THE MIAMI RIVER FOR THE FOLLOWING FOUR (4) COURSES; (1) THENCE S 07°45'15" E FOR A DISTANCE OF 77.07 FEET; (2) THENCE S 11°48'36" E FOR A DISTANCE OF 48.78 FEET; (3) THENCE S 27°17'03" E FOR A DISTANCE OF 46.39 FEET; (4) THENCE S 26°33'54" E FOR A DISTANCE OF 202.06 FEET; THENCE N 63°26'06" E FOR A DISTANCE OF 25.13 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 S 26°49'14" E FOR A DISTANCE OF 31.97 FEET TO A POINT ON SAID 1951 SHOREUNE OF THE MIAMI RIVER; THENCE ALONG THE PREVIOUSLY DESCRIBED 1951 SHORELINE OF THE MIAMI RIVER FOR THE FOLLOWING TWO (2) COURSES; (1) THENCE N 38°28'57" W FOR A DISTANCE OF 18.77 FEET; (2) THENCE N 11°12'48" W FOR A DISTANCE OF 14.10 FEET TO THE POINT OF BEGINNING. CONTAINING 61 SQUARE FEET MORE OR LESS. AND PART III 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 UNE OF SAID SW 4th AVENUE FOR A DISTANCE OF 21.24 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH UNE 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 A POINT OF INTERSECTION WITH THE 1922 SHOREUNE FROM FDEP OF THE MIAMI RIVER AS PROVIDED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; THENCE ALONG THE PREVIOUSLY DESCRIBED 1922 SHOREUNE OF THE MIAMI RIVER FOR THE FOLLOWING FIVE (5) COURSES; (1) THENCE S 07°45'15" E FOR A DISTANCE OF 77.07 FEET; (2) THENCE S 11 °48'36" E FOR A DISTANCE OF 48.78 FEET; (3) THENCE S 27'17'03" E FOR A DISTANCE OF 46.39 FEET; (4) THENCE S 26°33'54" E FOR A DISTANCE OF 230.01 FEET; (5) THENCE S 25°39'01" E FOR A DISTANCE OF 24.82 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE N 48°34'41" E FOR A DISTANCE OF 26.63 FEET; THENCE S 26°49'14" E FOR A DISTANCE OF 3.25 FEET; THENCE S 38°42'09" W FOR A DISTANCE OF 28.50 FEET; THENCE N 25°39'01" W FOR A DISTANCE OF 8.35 FEET TO THE POINT OF BEGINNING. CONTAINING 149 SQUARE FEET MORE OR LESS. Attachment A Page 11 of 15 Pages SSLL NO. 130360725 LICENSED BUSINESS No.2439 PROJECT NUMBER: 16-659 MANUEL G.VERA AND ASSOCIATES, INC. ENGINEERS -SURVEYORS $ MAPPERS 13960 S.W. 47th ST. MIAMI, FLORIDA 33 175 PHONE: (305) 22 I -G210 e-mail: snum@mgvera.com TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY PROJECT NAME: JOSE MARTI PARK DATE: 06-0 I -2022 DRAWN BY: DN SCALE N.A. SKEET 40F5 N87°43'32"E f SPECIFIC PURPOSE SURVEY rn_ v1 7 ti rN N z 7.06' ' 17.94' S.W. 2nd STREET N 0 z 5.0' N 87°45'07" E 25.00' m,- -" n 25.00' Attachment A Page 12 of 15 Pages SSLL NO. 130360725 S.W. 4th AVENUE 13 SLLA N 87° 103,10 o 1- ENID Z In csi riircd m AT RIPA 0.73' P.O.B. LINE TO 43'S0" E PART I R1PARIFN PROPOiS00'144E 3.067'46'E N o37cW 18.11' SED4036.31 _.. S099$'06'E -_ 35.39' 1.00 ,i ;' `.1 �26.58 o_ .. 2.00' r 5 tk LICENSED BUSINESS No.2439 TV/ +6.00' BW -9.00' N 8743' 1 cP cp �t P.O.B. fr. ars PART 11 50 447.61' TO ' IPARIAN LINE TO TH SOUTH 353.23' TO RIPARIAN UNE TO THE NORTH P NEW SUBMERGED sLEASE AREA 61 m Sq.Ft. m PART II -1!. ss 213.95' TO RIPARIAN LINE TO THE SOUTH 398.20' TO RIPARIAN UNE TO THE NORTH W NEW SUBMERGED SP e LEASE AREA 149 Sq.F1. + "ea PART III P.O.B. "- SLLA N PART III N 2539'01' W 8.35' PROJECT NUMBER: 16-659 196.75' TO RIPARIAN UNE TO THE SOUTH MANUEL G.VERA AND ASSOCIATES, INC. ENGINEERS -SURVEYORS $ MAPPERS 13960 S.W. 47th ST. MIAMI, FLORIDA 33 175 PHONE: (305) 221-62 I 0 e-mail: snum@mgvera.com TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY PROJECT NAME: JOSE MARTI PARK DATE: O6-O 1-2022 DRAWN BY: DN SCALE 1=30 Sheer 50F5 IAN HE NORTH rlI JABOT wan 11u113 B d alv11zN mrt19 'AM immi 'WWI MI A Ntra' ltge. ■ tsnenm SZL09£0£1 ON TISS sa8rd S l Jo £ I aged •g 1uaunpeuV 1£in Bpnoia'moll I£1 aims 'lands Japai:l lssa 611 uano'l 1g raUA%BJa 'plu.oui 'uos1orp1 &DI 111 6atuo4311 a nd .I.I dA07 'II NOIN17 :+Cq puttiad tsatunzul n V. ifilgWWiown a.wrouuttl trims() mats cameo* Uri 'OC '1.0 S3111d%i NOISS WWOeN i01r111 1011 'PO a1VLS Dntind avioo 11111110.11M1 1. ./J. • 'SL.61 la 1ry1 prtrvtf 1►1 a1tgS pun Aluno3 otp Dl gar 'maw pat puny Aw acrt' aq1 paln3ara ataql pvt tooter ltul oulol-u' otp t»1mal:a 01y pia ul pagwsop suouad aq1 aq �c a3t14. sTti 'A'dii uaa vzi'ia Pie 7C "D 2IS,L3d uo2p0000lgat o *i o1 pmuop' 11uno> alp to put prtraloJ' 01121S mil to paluoyln' Airy now tP 8111 110 1241 AA11830 A838311 I GO Lau '0 CID qoatu Ss3NiL lays a10 aaoJ'9 01 ur.outl au) 01 3c1 dQ 30 00 'VQIii0'id 30 V.LS 'Jo oauaraad u1 pa.wagop put. 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'-3..59 'Aeu10 Wv_A4T3. o/owhli°mid an"1 'uoilasodXO . Ted10Tunut ePTaoTd a •'VQiiio'I3 'DIVIW dO JLLIO a7 •cmcd w,f a3TM sTli 'AV1 B.L3HK2I'33 Pie AYH '0 'd LLiTd q,x w Jo crap � 9► paln3e%3 1'^'( luivit'1O Ile h Rd f1Z VW SIl1 9Tegs, nz, a wand 0awtra 59 ztse ill 0110 Wirt 11110 1 r aUlr.ttArM tiro • • 94R'?041648 REC 8 70 PG 11�, RAMCO FORM B '74 AUG . 30. P14 4- : 2,8 • This. Cult -Claim Deed,. Executed ibis ' 29 •day of August , - - • , A:-D.'1974 „"by COLEMAN F. CARROLL as '.rrchbishop Hof the ' Archdioocese of Miami,: His Successors in Office., a Corporations Se:le • , •first party, to The .City- Of Miami, a Florida Municipal Corporation whose positif fico address is 65 S. W. First Street, Miami, Florida 33130 second.party: • -:"--•- --S�Yhn-•�c� ::::•herein-".-,cant-7i1::arly and ".econd party, .hall induJe Ii=,1 snd plural, heir,, Ieg.1 repre,enu.Ire.. and a.3gns u[ individual+. and the toccata.. and amitm art eo-poratinn+,'v,herncr the context .o admix or requiem-) litftesseth, That rite said first party, for and ih consideration of the sum of S 10. 00 in hand paid by the said second party. the recaipi whereof is hereby echoer/decked. does hereby rerriise- •re- lease and quit -claim unto the said second party forever. all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land. situate, lying and being in the County of Dade State of Florida , to -wit: All of that part of S. W. South River Drive north of S. W. 4th • Street and southeasterly of a line projected between a point at - the most northerly corner of Lot 7—B and the northwest corner of Lot 13—B all in Dade County, Florida as shown in the attached sketch of Plat Book 25, page 72. 1 E INLZ A RY. TAMP ' DC:CLI1-EZ _ -+-n! = 0 D. 3 0 i ^�t�___________.:•.:___:___. -- WO D(SURTAX EE 00.551E To Haut and to told the same together with all and singular the appurtenances ihereunto belonging or in anywise appertaining. and aft the estate. right. title. interest. lien, equity and claim what- soever of the said first party. either in law or equity, to the only proper use. benefit and bchoof of the said second party. forever. - Jn UliIneSs thereof, The said first parly has signed and sealed these presents the day and jeer first above' written - Signed. sealed and delivered 'in presence of: • v STATE OF FLORIDA, • COUNTY OF Dade 1 COLEMAN F. CARROLL as Archis of the Archdiocese of Miami, h; Succes-soss;.._in-.-Offf ice -.---•a• Corporation Sole I HEREBY CERTIFY that on this day, before me, an officer duly authorised in the State aforesaid and in the County aforesaid to take acknowfedgments, personally appeared Coleman F. Carroll, as Archbishop of the Archdiocese of Miami, him Succesors in Office, a Corporation Sole to ma known to the person described an and who executed the foregoing instrument and he before me that he executed the same. .. • A WITNESS • my hand and official seal in the County and State Ins aforesaid this 29th r' \� y'Nf'-r August A. D. 19 74 Attachment A Page 13 of 14 Pages ,acknowledged NOTARY PC LIC S OF FLORiDIii qR/ �l MY COMMISSIO PIKES JAN, Iiib_. , _ GENERAL INSURANCE UNDERWRI Fa.;: ,••,...-r , :.. SSL NO:130360725 t Thu Irmrumeni pJepartad by: ` ' Law Offices of Joseph M. • Fitzgerald,. P . A. --..: • .. ' Address _ 700 Bra.ckell Avenue '' Miami,•Florda 33131 Attachment B . • Page 14 of 15 Pages ' • SSLLNO. 130360725 .(WtKD Wer.Iew. maims woo. w Daft COUNTY. RDR'CA. RICHARD P. BR1NKGER. CLERK CIRCUIT COURT • :Attachment B Page 15 of 15 Pages SSLL NO. 130360725 •