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HomeMy WebLinkAbout24041AGREEMENT INFORMATION AGREEMENT NUMBER 24041 NAME/TYPE OF AGREEMENT BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA DESCRIPTION SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE/MIAMI RIVER & LYING ADJACENT TO JOSE MARTI PARK/FILE I D : 11998/R-22-0214/MATTER I D : 22-1140 K/#74 EFFECTIVE DATE August 9, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/7/2022 DATE RECEIVED FROM ISSUING DEPT. 8/30/2022 NOTE FLORIDA DEPARTMENT OF Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, FL 32399 July 15, 2022 City of Miami Attn: Mr. Danny Lozano 444 SW 2nd Avenue, 3`d Floor Miami, FL 33130 Instrument No. 130360725 Lessee: City of Miami Dear Mr. Lozano, Ron DeSantls Govemor Jeanette Nunez Lt. Govemor Shawn Hamilton Secretary Enclosed is a fully executed original Lease Agreement for your records. The original Lease Agreement, 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 change, 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) 245-2758 or Kathy.Griffm@FloridaDEP.gov. Sincerely, athy Gri in Bureau of Public Land Administration Division of State Lands State of Florida Department of Environmental Protection Enclosures Cc: File This Instrument Prepared By: . Kathy Griffin Action No: 45150 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 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 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: A parcel of sovereignty submerged land; in Sectional:, Township 54 South, Range 41 East; inlvliami 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 anddredging 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 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. Alt of the foregoing subject; to the remaining conditions of this lease. [02] . : 2. AGREEMENTTO 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'sinterest 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 longerqualify 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 Lesseeshall 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(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 andempowered to examine,for the term of this lease including any extensions theretoplus 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 maintairrseparate 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. Thisperiodshall be extended for anadditional. 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, ormaking 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 formof 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 leak; the Lessee. shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-2:1.004(3)(b), :Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereoftogether 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,buyeror. transferee of the Lessee's_ interest in. the riparian upland property arid 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 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 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 herein:shall be construed as.an: indemnity .or a waiver of sovereign immunity enjoyed by .any party hereto, as provided in Section 768.2.8, 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. Ifcanceled, 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, loth Floor Miami, FL 33130. The Lessee shall notify the Lessor by certifiedmail 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 nowor may be hereafter lawfully assessed and levied_ against the subject property duringthe 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 andthe 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-DISCRIMINATION: The Lessee shall not discriminate against any individual beeause 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. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Page 3of 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 bythe 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 iri removal of any structures and equipment constructed or maintained oh 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 finaladjudication issued bya 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 affectedriparian owner or to remove the :. interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitutea 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 riot 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 modifieation 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 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 1844, Florida Administrative Code. Thiscondition 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 theuse of the leased premisesshall be grounds for the termination of this lease by the Lessor. 25. LI-VEABOARDS: The term "liveaboard" is defined as a vessel docked at the facilityy and inhabited byy 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 theships 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 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 IN WITNESS WHEREOF, the Lessor and the Lessee have:executed this instrument_ on_ the day and year first above written. WITNESSES: Original Signature. Pr. yp ame of Witness Ori r .1 Signature Print/TypeNa. of Witness.- - - : STATE OF: FLORIDA. COUNTY OF LEON BOARDOF TRUSTEES OF THE INTERNAL 'IMPROVEMENT TRUSFUND1OF:THESTA TE: OF:FLORIDA (SEAL). BY: Brad ardson, 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. "LESSOR" The -foregoing instrument was acknowledged before me by means of:physical presence this LI ( day of: 201 o9- , by Brad Richardson, Chief,:.Bureau of Public Land Administration, Division of State . Lands. St 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. Heis persotllly.known to me. PP OUPROPER EXECUTION: � ED S BJE T Tp 4/29/2022 DEP. Attorney . : Date Page 6 of 15 SSL NO. 130360725 My Commission Expi .a1,Qe ••oat?ye4c;, KATHY C. GRIFFIN _ MY COMMISSION # GO 927461 •:, EXPIRES: November 27, 2023 of F�Qe`'' Bonded Thru Notary Public Underwriters Commission/Serial No "LESSEE" Executed by CITY OF MIAMI, a municipal corporation of the State of Florida By: ATTEST:: odd B. Hann: Clerk APPROVED AS TO FORM AND CORRECTNESS: Vita Mendez City Attorney Arthur Noriega V, City Manager APPROVED AS TO INSURANCE REQUIRE Ann- ' Sharpe, ) rector Risk Management dministrator STATE OF FLORIDA) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowled ed before me by means of sical prese e or online notarization this 4p day of , 2091. , by Arthur Nonega ' , as City Manager for the City of Miami, a municipal co oration of the State of Florida. (NOTARY PUBLIC) SEAL (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: Page 7 of 15 SSL NO. 130360725 " ' OFELIA E. PEREZ s.; :.: MY COMMISSION # GG 360880 . EXPIRES; August 2, 2023 p �",� !Wiled Thru Notary Public UMermll.rs 3/25/22, 7:58 AM Bing Maps - Directions, trip planning, traffic cameras & more 1,11 bi'ir, 351 SW 4th St, Miami, FL 33130 Attachment A Pa2e8of15 SSE NO 13(136(1725 SPECIFIC:: PURPOSE SURVEY RIPARIAN LINE 'SM. 2nd STREET 1922 SHORE: LINE EXISTING MHWL S.W,-3rd STREET KEY MAP: SUMERGED LANDS.. LEASE AREA 1 1922 US HARBOR LINE *- BISCAYNE.BAY ' AQUATIC PRESERVE 0 2� vc 10B NOT A PART OF THE BOUND SURVEY I IB FOOT LEASED AREA .S.W: 4th STREET. ::. 11AP 0 MIAMI DADE CO FLA. y? m a • • (P.B, B. PG. 41) 14. 'BLOCK 2Bs ¢ o 1, 12 13', O4w R � 2 NOT A PAKT OF THE ¢ n BOUNDARY SURVEY O~ MAP OF MIAMI DADE CO. FLA. P.B. 0, PG. 41) BLOCK 37s 10' 9 UT A• ART OF. THE BOUNDARY SURV Y2 11 Sth STREET FDOT LEASED AREA' LICENSED BUSINESS No.2439 MAP OF MIAMI OAOE CO. FLA. IP.U. B; PG: 41) BLOCK 37s S.W. 6th STREET RIPARIAN LINE 3G RIVERSIDE WATERFRONTS 'IP,B. 25. PG. 72) . PROJECT NUMBER: 1 6-659 MANUEL G.VERA =AND ASSOCIATE$ INC. ENGINEERS -SURVEYORS $ MAPPERS 139.60 S.W. 47th ST. MIAMI, FLORIDA 33 1 75 PHONE:- (305) 221 -621 0 e-mall: snuln@mgvera.com TYPE Or PROJECT: SPECIFIC PURPOSE SURVEY' PROJECT NAME: JOSE MARTI-PARK DATE: 04-26-202 I DRAWN BY: "bi- SCALE 1=200 5hEET 20F5 Attachment A Page9of15 SSL NO. 130360725 SPECIFIC PURPOSE SURVEY ABBREVIATIONS: LEGEND: (M.) (R.) (L.D.) M.H.W.L. UTIL. ESMT. UTIL. F.H. ENCRO. R/W SWK M.H. SO. FT. PKY L.P. PVMT C.8. 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 MEASURED =DENOTES RECORD ' . =DENOTES -LEGAL DESCRIPTION =DENOTES MEAN HIGH WATER LINE =DENOTES UTILITY EASEMENT =DENOTES UTILITY =DENOTES FIRE HYDRANT =DENOTES ENCROACHMENT =DENOTES RIGHT. OF WAY DENOTES SIDEWALK =DENOTES MAN HOLE....' =DENOTES. SQUARE FEET.: =DENOTES PARKWAY =DENOTES LIGHT POLE =DENOTES PAVEMENT =DENOTES CATCH BASIN =DENOTES WATER METER =DENOTES WATER :VALVE . . =DENOTES SANITARY SEWER MANHOLE =DENOTES. TEMPORARY. BENCH MARK =DENOTES FLORIDA POWER AND LIGHT_ =DENOTES BELLSOUTH BOX =DENOTES CONCRETE BLOCK & STUCCO =DENOTES CURB AND GUTTER DENOTES CONCRETE =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 FINISH FLOOR ELEVATION =DENOTES PAGE =DENOTES PLAT BOOK =DENOTES .TYPICAL .. =DENOTES. SUBMERGED:LANDS LEASE,•AREA LICENSED BUSINESS No.2439 MONUMENT LINE Q. • CENTERLINE j L. PROPERTY LINE CATCH BASIN CURB INLET DRAINAGE MANHOLE SANITARY SEWER MANHOLE. TELEPHONE. - MANHOLE FIRE HYDRANT GUARD POLE GUY ANCHOR. ; SIGN CONCRETE: LIGHT POLE- .wv• - li<.1 WATER VALVE Ev • ELECTRIC VALVE :nl (< ) 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: 1 6-659 MANUEL:G.VERA'AND ASSOCIATES, INC. - ENGINEERS -SURVEYORS $ MAPPERS 13960 S.W. 47th ST. MIAMI,- FLORIDA. 33 1 75 PIIONE: (305) 22 1-62 I 0 e-mail: snuin@mgvera.com .. .TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY PROJECT NAME: JOSE MARTI PARK DATE: 04-2G-202 1 DRAWN BY: - DI1- SCALE N.A. 511EET 3 OF 5 Attachment A Page 10 of 15 . SSL NO. 130360725 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°0221" W FORA 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-17OF 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 THESURVEY MAP OR ACCOUNTED FOR IN THE, PRECEDING STATEMENT OFTHIS 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 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 LICENSED BUSINESS No.2439 PROJECT NUMBER: 16-G59 MANUEL G.VERA- AND ASSOCIATE$; INC. ENGINEERS=SURVEYORS MAPPERS 13960 S.W. 47th ST. MIAMI,: FLORIDA 33 175 . PhONE:-(305) 22 I -621 0 e-mail: snuln@mgvera.com .. TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY, PROJECT NAME: JOSE MARTI PARK DATE- 04-26-202J DRAWN BY: ,. DF1 SCALE . N.A.. SHEET 4 OF 5 Attachment A - - Page H. l of 15 SSL NO. 130360725 :N87°43'32"E o 4— S.W *2nd STREET •N m 0 z 5.0' SPECIFIC PURPOSE .SURVEY N 87'45'07" E 25.00' rn 0,0 ^'1 Z r- cri rn W 25.00' S.W. 4th AVENUE w . O LL w z _ cL w 0 0 N N a, LICENSED BUSINESS No.2439 150.31' N 87°43'50" E TW BW -9.00 N 8040'541, E 19.42' 5.48' TO RIPARIAN LINE TO THE NORTH RlPP1AN \:INE S00 47'4r 1 .65' �; N SLLA 11\1\1\\\111\11111p111 , ...,, n t)g1p11 11\111111\\IIp1 00\ 11\11111 .'\\l 1PP111 1ft:. \11\IpU@QpglppppUQU\\ ' 110. .. 1 111c-. nm\��ii�un�aam�imiii°rnana�,.'1�mm�;n 1.. 0000\\1\1\\ \1\111111\.•-1\1••;;,� d\\I; 1 p\\11..: Ip\11\\1\\\111\\1\\f"9 1p-44:,1\1U \ nit 111111\1111• ri111111. 11\\\\ 1111\111\00111111\I\\0# �\,,\1\\I \\1\1\IUN\I\\\\1` 11\\1\ osoi1'\1 iY 00 q1•,1�% 1\Itit\11 ?1"U111' 1H\1\111,,,,, • 1. y y y 5.00. Al 1' 447.61' TO RIPARIAN LINE TO THE SOUTH PROJECT NUMBER: I-6-659 • MANUEL G.VERA AND ASSOCIATES,: INC. NGINEERS-SURVEYORS $ MAPPERS I3960 S.W: 47th ST. MIAMI, FLORIDA-33 I 75 PHONE: (305) 22 1-62 10 e-mail: snuln@mgvera.com .. ,TYPE OF PROJECT: SPECIFIC PURPOSE SURVEY; -PROJECT NAME: -JOSS MARTI PARK DATE: 04-26-2021 -DRAWN BY: SCALE =30 511EET 5 OF 5 Attachment A Page 12 of 15 SSL NO. 130360725 . BOARD OF TRUSTEES. OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA DISCLAIMER No. 42I 13(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 2nd 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 I ... . COMMENCE AT THE CENTERLINE INTERSECTION OF SW 4TH AVENUE AND: SW 2ND - STREET; THENCE N 87°45'07" E AL ONG: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 O.F. 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 LOT 2B FORA DISTANCE OF 27:63 FEET TO THE POINT .OF INTERSECTION. WITH - • THE 1951 SHORELINE:OF THE MIAMI RIVER AS TAKEN FROM AN AERIAL:IMAGE; THENCE ALONG SAID 1951 SHORELINE.OF:THE MIAMI RIVER AS TAKEN:FROM AN ,AERIAL IMAGE, FOR; THE FOLLOWING:DESCRIBED SEVEN (7) COURSES; 1) THENCE Attachment B Page 13.of 15 SSL NO. 130360725 S 03°5740": •E FOR . A :DISTANCE. OF 18.11 FEET; 2). THENCE . S.:24°02'21' E . FOR A . . DISTANCE OF 101.78 FEET; 3)-THENCE S 29°58'24" E FORA pisTANu OF 101.95 FEET; 4) THENCE S 15°03'49" E FOR A DISTANCE OF 90.01: FEET; 5)THENCE S 1:l°12'48" E FOR A DISTANCE 0E64.76 FEET;6) THENCE S 38°28'57" E FORA 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: I922 SHORELINE OF THE MIAMI RIVER AS PROVIDED -BY .::THE FLORIDA DEPARTMENT .OF ENVIRONMENTAL :PROTECTION, SAID: POINT .: BEING P.OINT "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°35'54" W FOR A DISTANCE OF 230.01 FEET; 3) THENCE N 27°17'03" W.FORA DISTANCE OF.46.39' FEET; .4.) THENCE.N I1°48'36". W FOR A DISTANCE -OF 48,78 FEET; 5) THENCE N 07°45'15" W FOR A DISTANCE OF 77:.09 FEETTO 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°39'0.1" 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 HEREINAFI'ERDESCRIBED 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 51904154" • .E . FOR A :DISTANCE OF 29.47 FEET; 2) THENCE S 36954'58" E FOR A DISTANCE OF 106.74 FEET; • .3) THENCE'S 49°40'41 W FORA 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°39'017.: 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 FEETTO THE. -POINT OF :INTERSECTION WITH THE 1951 SHORELINE OF THE MIAMI RIVER AS TAKEN ..FROM AN.. AERIAL . IMAGE, SAID POINT ALSO BEING TI-IE . 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:DISTANCEOF;18.89 FEET:TO THE POINT OF INTERSECTION WITH THE LIMITED ACCESS'RIGHT-OF;WAY LINE OF • INTERSTATE 1-95 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 1.922 SHORELINE OF THE MIAMI RIVER, FOR A DISTANCE OF 3216 FEET TO THE POINT OF BEGINNING. Page2of3 Trustees' No. 42113(6815-13) Attachment B Page 14 of 15 SSL NO. 130360725 IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribed: their 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 (sf'. day'of c.brv�r A.D.; 2021 : B041) 01 :T U.STEES OF THE INSEJ.t14\14 IMPROVEMENT ' TI S ifyVD O171 YE STATE: FL A,'v. This. InstrumentPrepared by .: Jody Miller Department:of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32399=3000 Page 3 of 3' Trustees' No. 42113(6815-13) . • ON :DESANTIS GOVERNOR HLEYM!XD A ORNEY • .. ONIS CIAL OFFICER : ' ICOLE:FRI�� COMMISSIONER OFAGRICULTURE As' and: Constituting the BOARD OF TRUSTEES OF: THE INTERNAL: IMPROVEMENT TRUST 'FUND OF THE STATE OF FLORIDA Attachment B Page 15 of 15 SSL NO- 130360725