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HomeMy WebLinkAbout24493AGREEMENT INFORMATION AGREEMENT NUMBER 24493 NAME/TYPE OF AGREEMENT OCEAN CONSULTING, LLC & RIVERSIDE WHARF, LLC DESCRIPTION ACCESS, INDEMNIFICATION & HOLD HARMLESS AGREEMENT/REMOVAL OF A DERELICT VESSEL IN BISCAYNE BAY TO RE-ESTABLISH A PRODUCTIVE SEAGRASS HABITAT/MATTER ID: 22-2002 EFFECTIVE DATE June 13, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 6/26/2023 DATE RECEIVED FROM ISSUING DEPT. 6/26/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD CITY OF MIAMI DOCUMENT ROUTING FORM IRLLRPaRAi10 � uaaR I 0 `♦ ORIGINATING DEPARTMENT: Real Estate and Asset Management DEPT. CONTACT PERSON: Sandy Lila EXT. 1461 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: RIVERSIDE WHARF, LLC & OCEAN CONSULTING, LLC. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $0.00 FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY): Access, Indemnification, and Hold Harmless Agreement PURPOSE OF ITEM (BRIEF SUMMARY): An Access, Indemnification, and Hold Harmless Agreement (the "Agreement"), by and between OCEAN CONSULTING, LLC., a Florida limited liability company, whose principal place of business is 359 Alcazar Avenue, Suite 200, Coral Gables, Florida 33134 ("Contractor"), RIVERSIDE WHARF, LLC., a Florida limited liability company, whose principal place of business is 255 Alhambra Circle, Suite 760, Coral Gables, Florida 33134 ("Lessee") (collectively "Accessors"), and THE CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "City"). COMMISSION APPROVAL DATE: N/A FILE ID: N/A ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Not needed per the ACA. N/A ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTIIITb.,DI Fc�TIO 5:10: 32 EDT PRINT: Andre SIGNATURE: uSigned by: AA&.re,..i W. Frey 9AB076E0CF7E4C0_._ SUBMITTED TO RISK MANAGEMENT June ,1 2023 I 15: 32 :10 EDT PRINT: Ann- SIGNATURE: ittAhiey: Th11 y I . s5s49Ba95Fzsaeo. D� Assigned ACA: Thomas Fossler 5 , 2023 I 16. 48.18 EDT EDT PRINT: Victori SIGNATURE: // F 1 FF90AF6FE0457 ed by: �� �V ", SUBMITTED TO CITY ATTORNEY Matter D#: 22-2002 June 15, 2023 I 16:57:14 APPROVAL BY ASSISTANT CITY MANAGER June 21, 2023 I 20:44:26 EDT PRINT: Larry ?��rcu$ SIGNATURE: signed by: Lain Lain Spr't& act RECEIVED BY CITY MANAGER June 22, 2023 I 08:32:41 EDT PRINT: Arthur SIGNATURE: .. Noriega DocuSigned by: �p Maur � Nevi ATTESTED BY THE CITY CLERK 1) ONE ORIGINAL TO CITY CLERK, June 26, 2023 1 12:27:12 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT EDTC1==)r334e'411-- PRINT: Todd SIGNATURE: B. Hannon DocuSigned by: , E46D7560DCF1459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD ACCESS, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT This Access, Indemnification, and Hold Harmless Agreement (the "Agreement"), entered into this 13th day of June , 2023, (the "Effective Date") by and between OCEAN CONSULTING, LLC., a Florida limited liability company, whose principal place of business is 359 Alcazar Avenue, Suite 200, Coral Gables, Florida 33134 ("Contractor"), RIVERSIDE WHARF, LLC., a Florida limited liability company, whose principal place of business is 255 Alhambra Circle, Suite 760, Coral Gables, Florida 33134 ("Lessee") (collectively "Accessors"), and THE CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "City"). WITNESSETH WHEREAS, Lessee and the City previously entered into a Lease Agreement dated May 16, 2017, for the development, management, and operation of restaurants, a marina, a fish market, waterfront dining, event space, and other ancillary uses; and WHEREAS, the Miami City Commission passed and adopted Resolution No. R-22-0108 on March 10, 2022, which authorized, among other things, Lessee to construct a mixed -use project, including a hotel, at Lessee's sole expense, subject to all applicable regulatory approvals, with restrictions, reversions, and retention by the City of all other rights in accordance with the approval vested with Lessee ("Project"); and WHEREAS, as a condition to its regulatory approval for the Project, Miami -Dade County Division of Environmental Resources Management ("DERM") requires Lessee to construct and deliver a qualifying sea wall mitigation project; and WHEREAS, Lessee has contracted with Contractor to construct and deliver a qualifying sea wall mitigation project ("Mitigation Project") located on City -owned submerged lands located at latitude 25° 43.921'N and longitude 80° 13.651'W, as more particularly described in Exhibit "C" ("Lands" or the "Property"); and WHEREAS, Accessors have voluntarily requested permission to access the Property for the purpose of removing a derelict vessel located in Biscayne Bay in order to re-establish a productive seagrass habitat pursuant to the Class I Permit Application attached hereto as Exhibit "D"; and WHEREAS, the City desires to grant Accessors temporary and limited access to the Property in exchange for the promises and obligations described below; and NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals and Incorporations. The foregoing recitals are true and correct and are incorporated herein by this reference. The following exhibits are attached hereto and hereby incorporated and made a part of this agreement: Exhibit A — Insurance Requirements Exhibit B — Mitigation Plan — June 2021 Exhibit C — Legal Description of Property Exhibit D — Class I Permit Application Exhibit E — Corporate Resolution — Riverside Wharf, LLC Exhibit F — Corporate Resolution or Other Proof of Authorization — Ocean Consulting, LLC 1 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD If there is a conflict between this Agreement and any attached Exhibit, the conflict shall be resolved in favor of the Agreement then each exhibit in the priority order as indicated above. 2. Right to Access. The City grants to Accessors, temporary access rights to enter upon the Property solely for the purposes described in Exhibit "B," subject to the terms and conditions hereinafter contained during the Access Period. Said temporary access rights are subject to the requirement that Accessors provide forty- eight (48) hours of advance written notice prior to the commencement of any access or work on the Property. 3. Access Period. Accessors may exercise their temporary access rights beginning on the Effective Date first written above, and ending upon final completion of the Mitigation Project thereafter (the "Access Period"). Accessors shall complete the Mitigation Project, vacate the Property all as more particularly and further described below, and remove any of Accessors' effects and equipment prior to the expiration of the Access Period. 4. Condition of Property. Accessors have inspected, or have been given the opportunity to inspect, the Property, prior to execution of this Agreement, and accept the Property "as is," in its present condition and state of repair and without any representation by or on behalf of the City. Accessors agree to maintain the Property in a good and safe condition and that the City shall not, under any circumstances, be liable for any latent, patent, or other defects in the Property and completion of the Mitigation Project. 5. Return of Property. Accessors shall return the Property to the same or better condition than when Accessors first accessed the Property upon the expiration of the Access Period or when the Accessors complete their work and no longer require access, whichever occurs first. Accessors agree to remit and pay all costs, fees, or expenses for placing the Property back in the aforementioned same or better condition. Accessors agree the City shall not expend any resources whatsoever for placing the Property back in the aforementioned same or better condition. Accessors further agree the City shall be entitled to true and correct copies of all reports, final permit and conclusions obtained as a result of moving the derelict vessel on the Property. If Accessors fail to return the Property to its preexisting or better condition, the City may cause any necessary work or repairs to be completed and seek costs from the Accessors. 6. Indemnification and Hold Harmless. Accessors shall indemnify, protect, defend, release, and hold the City, its officers, officials, employees, agents, representatives, and servants (collectively the "Indemnitees") harmless from and against all claims, damages, liabilities, civil actions, statutory or similar claims, injuries and losses, including but not limited to reasonable attorneys' fees and court costs, incurred by the Indemnities due to injury to person or property arising out of or in connection with this Agreement and Accessors', or any of its agents, employees, representatives, contractors, subcontractors, or consultants' (collectively "Accessors' Representatives") performance or nonperformance in its access of the Property, even if it is alleged that the Indemnitees were negligent. Accessors hereby voluntarily and knowingly waive any and all claims against the Indemnitees for injuries to person or property sustained by Accessors or Accessors' Representatives arising out of or related to the activities undertaken by Accessors or Accessors' Representatives upon the Property or in connection therewith and releases the Indemnitees from any and all claims and liabilities in connection therewith. Accessors shall require all contracts entered into in connection with this Agreement to include the obligation that all other contractors shall also indemnify, defend, and hold harmless the City from any and all claims in connection with the proposed work. Accessors acknowledge that the grant of this Agreement is good, separate, and distinct consideration afforded by the City for this indemnification. 2 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD ACCESSORS HAVE READ AND VOLUNTARILY SIGN THIS RELEASE AND HOLD HARMLESS AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written Agreement have been made. 7. Release and Covenant not to Sue. Accessors hereby release, waive, discharge, and covenant not to sue the Indemnitees from all liability to Accessors, their affiliates, predecessors, successors, subsidiaries, related companies, divisions, officers, employees, agents, personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefor on account of injury to person or property or resulting in death or dissolution of the Accessors, their affiliates, predecessors, successors, subsidiaries, related companies, divisions, officers, employees, agents, personal representatives, assigns, heirs, and next of kin, whether caused by the negligence of the City, or otherwise, while Accessors are in, upon or nearby the Property. 8. Successor's in Interest. This Agreement shall be legally binding upon Accessors, their successors in interest, heirs, estate, assigns, legal guardians, and personal representatives. Accessors are aware that they are releasing certain legal rights that they may otherwise have, and is undertaking other specific legal obligations that they otherwise might not have, and they nevertheless shall enter into this Agreement on behalf of themselves, and others described above, of their own free will. 9. Risk of Loss. Accessors understand that they are responsible for providing their own security and agree that the City shall not be liable for any loss, injury or damage to any personal property, fixtures, materials, supplies, or equipment brought into the Property by Accessors or by anyone whomsoever, during the time that the Property is under the control of or occupied by the Accessors. All personal property, fixtures, materials, supplies placed or moved in the Property shall be at the risk of Accessors or the owner thereof. 10. Insurance. Accessors shall be required to maintain, at all times, insurance requirements in accordance with Exhibit "A." Also, the City of Miami, 444 SW 2nd AVE, Miami, FL 33130 shall be named as an Additional Insured and Certificate Holder. Accessors must include the same or greater insurance coverage in all contracts or subcontracts pertaining to the access contemplated by this Agreement. Contractors utilized by Accessors must comply with the lines of coverage contemplated under this section. 11. Termination. The City shall have the right to terminate this Agreement by giving Accessors at least fifteen (15) calendar days prior written notice for any reason or no reason for its convenience. The City may also terminate this Agreement immediately for cause upon written notice if Accessors have defaulted under the terms of this Agreement. 12. Survival. All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 13. Notices. Notices required under the Agreement shall be deemed to be given when hand -delivered (with receipt therefore) or mailed by registered or certified mail, postage prepaid, return receipt requested. AS TO OCEAN CONSULTING, LLC Kirk Lofgren Manager 6910 Sunrise Court Coral Gables, FL 33133 kirk@oceanconsultingfl.com AS TO RIVERSIDE WHARF, LLC AS TO THE CITY: Art Noriega City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 anoriega@miamigov.com WITH A COPY TO: 3 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Jorge Gomez -Miller 255 Alhambra Circle Suite 760 Coral Gables, FL 33134 Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 vmendez@miamigov.com Andrew Frey Director of the Department of Real Estate and Asset Management 444 SW 2nd Avenue, 3td Floor Miami, FL 33130 afrey@miamigov.com 14. Sovereign Immunity. Nothing in this Agreement should be construed to waive the City's sovereign immunity beyond the limitations set forth in s. 768.28, Florida Statutes. 15. Public Records. Accessors understand that the public shall have access, at all reasonable times, to all documents and information pertaining to the City, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and Accessors agree to allow access by the City and the public to all documents subject to disclosure under applicable law unless there is a specific exemption from such access. Accessors' failure or refusal to comply with the provisions of this Section shall result in immediate termination of the Agreement by the City. a. Pursuant to the provisions of Chapter 119.0701, Florida Statutes, Accessor must comply with the Florida Public Records Laws, specifically Accessors must: b. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service/Programming. c. Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. d. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. e. Meet all requirements for retaining public records and transfer, at no cost to the City, all public records in possession of Accessor upon termination of this Agreement and destroy any 7duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. f. All records stored electronically must be provided to the City in a format compatible with the information technology systems of the City. g. Accessors agree that any of the obligations in this Section will survive the term, termination, and cancellation hereof. IF ACCESSORS HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ACCESSORS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 4 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE CITY'S DEPARTMENT OF REAL ESTATE AND ASSET MANAGEMENT CUSTODIAN OF RECORDS AT 3RD FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130. 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 17. Entire Agreement. This Agreement along with its incorporated Exhibits contain all the terms and conditions agreed upon by the parties. This Agreement constitutes the full and final agreement between the parties as to the subject matter of the Agreement. This Agreement supersedes and replaces all prior or contemporaneous communications and agreement between the parties, whether oral or otherwise, as to its subject matter. No other contract, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. 18. Severability. If any provision of this Agreement is held invalid, void, or unenforceable by a court of competent jurisdiction, such provision shall be construed in a manner to make it enforceable. In the event the provision cannot be enforced through any interpretation, such provision shall be considered severable and the remainder of this Agreement shall continue in full force and effect. 19. No Waiver. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing in accordance with this Agreement. 20. Modifications, Amendments, Extensions, Waivers. Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement, including but not limited to access to and any other uses of the Property, and the Access Period, shall only be valid when they have been reduced to writing and duly authorized by the City Manager or City Commission as appropriate and the authorized representatives for Accessors. 21. Audit, Governing Law & Venue. This Agreement and all documents connected therewith shall at all times be subject to the audit and inspection requirements of Chapter 18 of the Code of Ordinances of the City of Miami, as amended ("City Code"). This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of laws provisions. Any controversies or legal proceedings arising out of this Agreement shall be submitted to the jurisdiction of the state courts of the Eleventh Judicial Circuit, in and for, Miami -Dade County, Florida. 22. Compliance with Federal, State, and Local Laws. Accessors agree to observe and comply with all applicable federal, state, and local laws, rules, and regulations as they may be amended from time to time. Signature Page To Follow 5 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD IN WITNESS WHEREOF, the City and Accessor have caused this Agreement to be executed as of the Effective Date set forth above. CONTRACTOR (ACCESSOR): OCEAN CONSULTING, LLC., a Florida limited liability company BY: By: Sign. uae kvtL Loe6e-fit) Print Name Title t Signa it Print Na e vittiwk,c- Title STATE OF ICI D t i C at, COUNTY OF bekAe Date Date ixI707-3 The foregoing instrument was aclatowled ed before me by means of 154 physical presence or 0 online notarization, this day of c , 20 2,3 by those individuals stated above, who is/are lll personally known to me or 0 has/have produced as identification and who did not take an oath. Notary Stamp: Signature of tary Public Taking Acknowledgment Print Name: (.0 t& L At Icx -e Serial Number (if any): Commission Expires: 0S 1141 9-0? 3 ,i1%! Nic Notary Public State of Florida ar Maria Laura De Leon Alvarez My Commission GG 334528 ocwt Expires 05/14/2023 6 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD LESSEE (ACCESSOR): RIVERSIDE WHARF, LLC., a Florida limited liability company By: �111.► J 23 ature Date Print Name F— 64\0caZ,c\ ,Y)�nlCIcy Title STATE OF CIO (jpCk COUNTY OF rn`yr11 `94Z The foregoing instrument was acknowledged befor me by means ofXphysical presence or online notarization, this 2-1 day of � P (1\ , 20 D_3 by n)-2,, 6--)q c6n, who is .personally known to me or 0 has produced as identification and who did not take an oath. Notary Stamp: Notary Public State of Florida A Guillermo Alexander Alvarez My Commission HH 326385 Expires 10/27/2026 n� Signature of Notary Public Taking Acknowledgment Print Name: Serial Number (if any)\37-6 39 Commission Expires: 10/ Z_7 ) . G 7 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD DocuSigned by: ATTEST: (—DocuSigned by: BY: "—E16D7560DCF1150... Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: BY:ti� 95F25� Ann -Marie Sharpe, Director Risk Management CITY OF MIAMI, a municipal corporation of the State of Florida —DocuSigned by: Q Nancy, BY: `.-850CF6C372DD12A... Art Noriega, City Manager APPROVED AS TO FORM AND CORRECTNESS: DocuSigned by: BY: F1EF90AF6FE0457... Victoria Mendez, City Attorney Matter No. 22-2002 8 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD EXHIBIT "A" INSURANCE REQUIREMENTS - HOLD HARMLESS AGREEMENT I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee 500,000 for bodily injury caused by disease, policy limit IV. Protection and Indemnity Liability Each Occurrence $1,000,000 General Aggregate Limit Retro Date Included $1,000,000 Pollution and Jones Act included City of Miami listed as an additional insured as to Pollution Liability coverage 9 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 10of45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD ACOREP CERTIFICATE OF LIABILITY INSURANCE `.------ DATE (MM/DD/YYYY) 04/24/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Entrust Insurance 2122 SW 67th Ave Miami FL 33155 CONTACT NAME: Natasha Santamarina (a/c No, Ext): (305) 265-0112 Svc, No): (305) 265 0101 E-MAIL natasha ei olic .com ADDRESS: � P Y INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: AMERICAN INTERSTATE INS CO 31895 INSURED Ocean Consulting, LLC 359 Alcazar Avenue, Suite 200 Coral Gables, FL 33134 INSURER B : INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL NSD S UBS WVD POLICY NUMBER POLICY (MM/DD/YY T Y) POLICY (MM/DD/YYTY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PRO - CT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEM ER EXCLUDED? ANY ECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A X AVWCFL3112242022 08/07/2022 08/07/2023 PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Environmental Consulting Firm United States Longshore & Harbor and Jones Act Coverage Included CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave Miami, Florida 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD AC D® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYI)4/25/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Higginbotham Insurance Agency, Inc. 500 W. 13th Street Worth TX 76102 License#: 2081754 CONTACT NAME: David Vaughan PHONE FAX (A/c, No, Ext): 9187797880 (A/C, No): 817-882-9284 E-MFort ADDRESS: dlv r hi inbotham.net 1 @ 99� INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Mid -Continent Casualty Company 23418 INSURED OCEACON-01 Ocean Consulting, LLC Kirk Lofgren 359 Alcazar Ave, Suite 200 Coral Gables FL 33134 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 614815671 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL TYPE OF INSURANCE IADDL NSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYI) POLICY EXP (MM/DD/YYYI) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 04-GL-001086375 9/19/2022 9/19/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 X Professional MED EXP (Any one person) $ Excluded X S/A Pollution PERSONAL & ADV INJURY $1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO - CT PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y 04-GL-001086375 9/19/2022 9/19/2023 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability Y Y 04-GL-001086375 9/19/2022 9/19/2023 Occurrence Aggregate 1,000,000 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains a special endorsement with "Primary and Noncontributory" wording. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave Miami FL 33130 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ti� ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Policy No. 04-GL-001086375 MID-CONTINENT CASUALTY COMPANY ML 10 81 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all provisions and limitations of this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability caused, in whole or in part, by your performance of ongoing operations for that insured. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by written "insured contract", the insurance afforded to such additional insured will not be broader than that which you are required by the written "insured contract" to provide for such additional insured. ML10810413 Includes copyrighted material of Insurance Services Office, Page 1 of 1 Inc., with its permission DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Policy No. 04-GL-001086375 MID-CONTINENT CASUALTY COMPANY ML 13 57 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF MIAMI 1. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability caused, in whole or in part, by your performance of "your work" for that insured. However: A. The insurance afforded to such additional insured only applies to the extent permitted by law; and B. If coverage provided to the additional insured is required by written "insured contract", the insurance afforded to such additional insured will not be broader than that which you are required by the written "insured contract" to provide for such additional insured. 2. With respect to 1. above the following additional provisions apply: 4. Other Insurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any other insurance available to the insured unless the other insurance is provided by a contractor other than the above named additional insured. We shall be considered as excess insurance of any other insurance provided by a contractor other than the above named additional insured. This amendment applies only when you have agreed by written "insured contract" to designate the person or organization listed above as an additional insured subject to all provisions and limitations of this policy. All other conditions remain unchanged. ML13570413 Includes copyrighted material of Insurance Services Office, Page 1 of 1 Inc., with its permission DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Policy No. 04-GL-001086375 MID-CONTINENT CASUALTY COMPANY ML 10 80 0711 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom the named insured is operating under a written "insured contract" when such contract requires a waiver of transfer of rights of recovery against others. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. ML10800711 Includes copyrighted material of Insurance Services Office, Page 1 of 1 Inc., with its permission DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD EXHIBIT "B" MITIGATION PLAN — JUNE 2021 [on following page] 11 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD GARCIA'S ON THE RIVER SEAWALL IMPROVEMENTS PROJECT: MITIGATION PLAN FOR IMPACTSASSOCIATED WITH THE PROPOSED SEAWALL INSTALLATION CLI-2020-0120 JUNE 2021 BACKGROUND The purpose of this seagrass mitigation plan is to provide adequate in -kind compensation for unavoidable losses to seagrass habitat and water quality function from the construction of a new seawall as part of the Garcia's on the River Seawall Improvements Project ("Project"), in the City of Miami, Florida. This mitigation plan proposes to restore 0.02 acre of seagrass habitat within Biscayne Bay/Card Sound Aquatic Preserve. 1. OBJECTIVE OF SEAGRASS MITIGATION PLAN The target site for this mitigation project is an area of baybottom devoid of aquatic vegetation because of the embedment of a derelict vessel. By removing the vessel this mitigation effort will both re-establish productive seagrass habitat and improve water quality in the vicinity. 2. SITE SELECTION The Garcia's on the River Seawall Improvements Project will cause approximately 481 square feet (0.01 acre) of in -water impacts within the Miami River from the installation of a new seawall (320.67 linear feet of new seawall x 18" width of sheet pile). The selected mitigation site encompasses a larger restoration area in a more productive seagrass habitat, so its restoration provides a greater enhancement value to the aquatic preserve than the loss of habitat function from the seawall construction. The mitigation site is located approximately 100 feet east of the northernmost spoil island adjacent to the Dinner Key Marina Mooring Field, as shown on the next page. At the mitigation site, a 35'x13' motorized pontoon -style craft is lodged upright in the baybottom. The surrounding waters are shallow (maximum -4.0' NOAA MLW at high tide), so the top side of the vessel is exposed at low tide. A significant amount of debris, such as as tools, sections of the top side of the vessel, and trash, are scattered around the vessel (particularly along its north side). The footprint of these items on the baybottom is part of the overall impact footprint created by the vessel; the debris will be removed along with the vessel as part of this mitigation effort. The total impact area of this vessel, including the debris field, is approximately 42'x20', or 0.02 acre. 12of45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD 16-5490 Garcia's on the River Project Seagrass Mitigation Plan for Seawall Installation June 2021 Page 2 Garcia's on the River Mitigation Site for Seawall Impacts: 25° 43.921'N, 80° 13.651' W During reconnaissance survey work in May 2021, the habitat surrounding this mitigation site was found to contain dense coverage of Turtle Grass, Manatee Grass, and Shoal Grass. Manatee Grass is the most prevalent species, occurring in all four survey quadrats at a bottom density of at least 50% cover (Braun-Blanquet scores of 3 and 4). Shoal Grass and Turtle Grass have a consistent presence in the area as well (both species also occurring in three of the four quadrats), but at much lower average bottom densities. The high density and diversity of late stage seagrass species in the surrounding habitat makes this site a strong candidate for seagrass restoration work. More on the ecological characteristics of the mitigation site can be found in #4 Baseline Information, below. To restore this mitigation site, and adequately offset impacts from the seawall construction at the Garcia's on the River Project site, the derelict vessel and all associated debris will be removed from the bay (no filling of the impact footprint is proposed). The site will be monitored for seagrass recruitment for a period of three years. 3. SITE PROTECTION INSTRUMENT The proposed mitigation site (derelict vessel) is located on City of Miami -owned submerged land and within the Biscayne Bay/Card Sound Aquatic Preserve. The City of Miami will therefore be a 13 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD 16-5490 Garcia's on the River Project Seagrass Mitigation Plan for Seawall Installation June 2021 Page 3 co -applicant of the Project. The applicant for the Garcia's on the River Seawall Improvements Project, MV Real Estate Holdings, LLC TRS, or Ocean Consulting (as the designated subconsultant), will be responsible for the mitigation project implementation and site monitoring. A condition within the Miami -Dade Department of Regulatory and Economic Resources (RER, or DERM) Class I Permit for the seawall project will confirm and approve the parameters of this mitigation plan, enumerate the permittee's responsibilities, and legally bind the restoration work to the permittee. The name of the State -licensed marine contractor or environmental consultant responsible for the removal of the vessels will be provided prior to removal. Staff from the Compliance/Enforcement division of the Coastal & Wetlands Resources Section at DERM will be present during the vessel removal to verify the removal methodology and confirm compliance with all safety and environmental protection standards for in -water construction work. 4. BASELINE INFORMATION The ecological characteristics of the benthic habitat in the vicinity of the proposed mitigation sites were surveyed on May 26, 2021 by Ocean Consulting. The Braun-Blanquet sampling method was used to measure seagrass density in the vicinity of the derelict vessel. The method uses a 0.25 m2 quadrat placed in four randomly selected locations around the vessel (one per side). All seagrass species occurring in the quadrats were listed, and a score based on the cover of each species in the quadrat was assigned (Table 1, next page). Cover, as defined for this purpose, is the fraction of the total quadrat area that is obscured by a particular species when viewed from directly above. Data and representative photos of the habitat in the vicinity of the derelict vessel site can be found at the conclusion of this report. r Table 1. Braun Blanquet density scores Score 1 Cover 0 0.1 I 0.5 P 1 Taxa absent from quadrat Taxa represented by a solitary shoot, <5% cover Taxa represented by a few (<5) shoots, <5% cover Taxa represented by many (>5) shoots, <5% cover 2 3 4 5 Taxa represented by many (>5) shoots, 5 - 25% cover Taxa represented by many (>5) shoots, 25 - 50% cover I Taxa represented by many (>5) shoots, 50 - 75% cover Taxa represented by many (>5) shoots, 75 - 100% cover 14 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD 16-5490 Garcia's on the River Project Seagrass Mitigation Plan for Seawall Installation June 2021 Page 4 Quadrat sampling at the vessel site revealed seagrass density of 25-75% bottom cover of S. filiforme outside of the impact footprint (Braun-Blanquet scores of 3 and 4). H. wrightii and T. testudinum were also observed in densities ranging from 5% to 50%. All three seagrass species, as well as a variety of unattached macroalgae species, were observer growing in mixed patches. This high degree of biodiversity indicates this site will likely have an accelerated rate of recovery following vessel and debris removal. 5. DETERMINATION OF CREDITS The ecological characteristics of the proposed impact and mitigation site have been rated using the Uniform Mitigation Assessment Method (UMAM). Note that mitigation site scoring is based on the conditions of nearby baybottom as the actual mitigation site footprint is presently covered by the vessel. Based on the UMAM scores, the seawall work at Garcia's on the River will result in a functional loss of 0.002 unit. The impact footprint of the selected derelict vessel measures 0.02 acre, and the removal of the vessel and restoration of the baybottom will provide a functional gain of 0.003 unit across a three-year recovery period. The seawall mitigation work will therefore result in 0.01 acre of excess mitigation area and 0.001 unit of additional functional gain. Thus, this mitigation project will fully offset the seawall project's impact footprint. Please see the UMAM calculations at the conclusion of this report for more information. 6. MITIGATION WORK PLAN Part I. Removal of the Derelict Vessel The removal of the derelict vessel will be coordinated and/or supervised by DERM and/or other applicable agencies if necessary (e.g. Miami -Dade Marine Patrol, Florida Fish and Wildlife Conservation Commission, etc.). All work will proceed according to the Best Management Practices for Standard Manatee Conditions for in -water work and the National Marine Fisheries Service's "Sea Turtle and Smalltooth Sawfish Construction Conditions." Details regarding vessel/debris preparation and removal are discussed below. Preparation of Sunken Vessel/Debris for Removal Turbidity Curtains: A turbidity curtain will be placed around the derelict vessel only if necessary, to control turbidity. The turbidity curtain will be weighted and extended to within one foot of the submerged bottom. The ends of the curtain will be secured by stakes or attached to the construction barge. The purpose of the turbidity curtain is to trap all debris from exiting the immediate area during demolition operations in order to preserve ambient water quality of adjacent waters. 15 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD 16-5490 Garcia's on the River Project Seagrass Mitigation Plan for Seawall Installation June 2021 Page 5 Water Protection Measures: Prior to vessel extraction, divers will inspect the site to determine if hazardous/flammable material or loose debris is present. If necessary, contaminated material and/or loose debris will be contained and removed prior to vessel extraction (see Disposal of Debris section below). Disposal of Debris Oil -Contaminated Debris: Any and all debris contaminated with oil or other petroleum products will be disposed of at an approved facility. To the extent practicable, available receipts will be provided to Miami -Dade County DERM for review. Recyclable Metal: All scrap metal that is removed from the vessel (if any), and can be recycled, will be transported to a scrap metal yard. To the extent practicable, available receipts will be provided to Miami -Dade County DERM for review. Bilge Water/Oily Water: Existing bilge water and/or oily water/debris will be placed in 50-gallon drums and disposed of at an approved upland/landside facility. To the extent practicable, available receipts will be provided to Miami -Dade County DERM for review. Removal from Water Once the hull has been stripped clean of excess debris, a barge -mounted crane will be used to lift it out of the bay. The vessel will be removed from the water in whole condition if possible. Large debris that remains submerged after the hull is lifted will be extracted using a clam shell bucket mounted on the crane (extractions to be directed by divers). Smaller debris will be hand -removed by divers. The barge will then haul the vessel and collected debris to dry land where it will be disposed of at an approved Class I landfill. Specifications of the fully -loaded barge are: L 60', W 20', max draft 2'. The barge will not impact surrounding seagrass beds during the removal. A minimum of 1 ' clearance between the bay bottom and any vessel utilized during the removal will be maintained at all times. DERM shall be notified of any changes made to the vessel removal methodology prior to the commencement of work. Timing for Completion Removal and disposal of the derelict vessel will take one day to complete. The removal will be completed within 30 days of receipt of the Class I Permit. 16 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD 16-5490 Garcia's on the River Project Seagrass Mitigation Plan for Seawall Installation June 2021 Page 6 7. PERFORMANCE STANDARDS To compensate for the loss of habitat from the installation of a new seawall, confirmation of seagrass recruitment into the restored mitigation site is required. Mitigation project success will be achieved once seagrass density within the restored vessel footprint is a minimum 80% of the seagrass density in surrounding beds at the time of the project's implementation. For example, if the average density of seagrass in the vicinity of a mitigation site is 50% at the time of the vessel's removal, mitigation project success will be achieved once seagrass density within the derelict vessel's footprint is 40%. It is assumed that achieving this goal will take approximately three years. 8. MONITORING REQUIREMENTS Monitoring to determine whether the mitigation project is on track to meet performance standards will be completed at the end of the Federally -recognized seagrass growing season for a period of three years. Results will be reported annually to DERM (no later than September 1st) and will include quantitative and qualitative data in accordance with the agency -approved mitigation plan, including percent cover data and photo documentation of the mitigation areas. A Time 0 (Baseline Conditions) summary that provides as -built information following the implementation of the mitigation project and describes the existing condition of the baybottom in the vicinity of the mitigation site will be submitted first. The monitoring period will then begin following the Time 0 survey, with the Time 1 through Time 3 reports submitted annually over the next three years (total of four reports). Success of the mitigation project will be based on the conditions within six reference sites located approximately 15 feet from the derelict vessel at the time of permit issuance. Once the monitoring period begins following the Baseline Conditions survey, additional assessments of the reference sites during future monitoring events will not be required. Monitoring Methodology Seagrass monitoring will employ the Braun-Blanquet sampling method (sampling methodology described in Baseline Information, above). A 0.25 m2 quadrat will be placed in five locations spaced at pre -determined random distances within the derelict vessel footprint. Each quadrat will then be examined by divers. All seagrass species occurring in the quadrat will be listed, and a score based on the cover of the species in that quadrat will be assigned. Representative photographs will also be taken of the baybottom both within and in the vicinity of the mitigation site. 17of45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD 16-5490 Garcia's on the River Project Seagrass Mitigation Plan for Seawall Installation June 2021 Page 7 9. LONG-TERM MANAGEMENT PLAN The applicant for the Garcia's on the River Seawall Improvements Project, MV Real Estate Holdings, LLC TRS, or Ocean Consulting (as the designated subconsultant), will be responsible for contracting an entity responsible for the initial implementation of the mitigation work, its short-term monitoring, and its long-term management. It is assumed that once performance standards are met, the seagrass that has re -grown within the derelict vessel footprint will be self- sustaining given the high probability of continuous recruitment from the surrounding environment. At the conclusion of the monitoring period, or once the success criteria have been achieved, it will be determined through agency consultation if additional long-term monitoring will be necessary or if Class I permit conditions have been satisfied. 10. ADAPTIVE MANAGEMENT PLAN Changes to the conditions of the mitigation site, including storm events, an unusually extended cold or hot spell, regional seagrass die -offs, or other unforeseen trauma to the baybottom, may trigger additional monitoring. The contracted entity responsible for the seagrass mitigation project's implementation will be responsible for checking the site immediately following a storm event or other possible change in the benthic conditions. After observing the site and reporting its status to DERM (aided by representative photographs), it will be determined if performance standards need to be adjusted or if additional monitoring will be required. If the mitigation area is not clearly trending towards success by the end of the 2nd annual monitoring event, consultation with DERM Compliance Department staff will be requested to review alternative options to fulfill the Project's mitigation requirements. 18 of 45 Uocublgn Envelope IU: AUJrMrflUE4UAtl-VVI,U-bJ1 ArodrrAU PERMIT DRAWINGS Issue # Issue Date N O el PROJECT: 16-5490 CLI-2020-0120 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / .sr'_144' t -•.' . ">',t •FYt • 1 :Y if =; a.-f {r'\ tL_4! .\• 4�••�1 ,;aft :�-4'• ° �''?" .'V' .. 1. �9a�t' ^• �i, � 4 * �: •6 4 J r P.^ • .R'Q j. i. ,`t • �'e-.�`. -� Ave.. , a`� �9g `� d K \ - 14 °t>�eisle w�'4I'" r �� - - -re 1° 4' i? f � ' 1 :I - ' dlx, )Garcia's on the River DV Mitigation Site C =,If a � T 9 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / ,SEAGRASS / / / / / / / / / / / / / / / / FACT FOOTP / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /42'x 20' (840 SF, 0.02 AC) / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / "— DERELICT VESSEL TO BE-, / / / / / / REMOVED: 3sx13' (ass SF, / / / / / / / / / / / / / / / / / / / / / / / 0.01AC) / / / / / / / OCEAN CONSULTING, LLC. GARCIA' S ON THE RIVER 2200DOL�O aG Suite 502 P.E. 340 Minorca Avenue, Suite 7 MITIGATION PROJECT Miami, ce'305-415-8782 Coral Gables, Florida 33134 Tel: (305) 921-9344 FOR SEAWALL IMPACTS Fax: (305) 677-3254 Adolfo Gonzalez PE DERELICT VESSEL REMOVAL ONLY Lic. No. 58620 �gco -t Grope"!%` / / / / / / / / / / /_/ / / / / / / 35 / / / / / / / ,/ / / / / / / / / / / 4 r.,,• r , \ - 5 / / / / / / \/� / / / v y�/ 0''Pa4% 7F� �lil. i` ' ' ` [ / / / / ////I / / / //- / / / / -/I / 1 , II IU C¶ / / / / ~ // / / / / / ' C2021 Goc9ie / / / / / /I / / / / / / / / / / / / / / / 1 VESSEL LOCATION: PROJECT SITE AERIAL LATITUDE: 25° 43.921 N LONGITUDE: 80° 13.651' W / / / / / /� j / / / / / / ND jj BARRENSA/ / / / // / / —T / / / / / / /� j/� PROJECT NOTES: 1. DERELICT VESSEL SITE SURVEYED ON MAY 27, 2021 BY OCEAN CONSULTING, LLC. / / / / / / / / / / / / • / / / / �% / / / /%-/ / /T/T/7/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / V / / / / / / / 2. DERELICT VESSEL MITIGATION SITE FOR SEAWALL IMPACTS AT GARCIA'S ON THE RIVER SEAWALL PROJECT CLI-2020-0120. 3. CONTRACTORS TO REMOVE ALL ASSOCIATED DEBRIS FROM MITIGATION SITE. 4. ONCE THE VESSEL IS REMOVED, SIX 18" PVC STAKES WILL BE INSTALLED ALONG THE IMPACT FOOTPRINT OUTER BOUNDARY FOR FUTURE SITE IDENTIFICATION DURING MONITORING EVENTS. 42, / / / / / / / / / / / / / / / / / / / / / / / / /BVIPACT FOOTFRINT / / / / / VESSEL DEBRIS / / / / / / / / / / / / / / / / / / / / / / / / / / / BOUNDARY / / / / / / / / / / SEAGRASS / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / SHEET NO. C - 1 IJ1 iSEt%`LC'r VESSkIJ itEi41Ov'Af, AA1 1'/or '( / / / / / / / / / � /45/ / / / / / / / / / / / / / / /u/ / / /5. / / / `a/ / 19 of SCALE: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Derelict Vessel Recon CLI-2020-0120 DERELICT VESSEL "PONTOON DV" MONITORING EVENT: PRELIMINARY RECON Investigator: Brie Cokos, Ocean Consulting 5/26/2021 Vessel Footprint = 35x13 (455sf) Impact Footprint = 42x20 (840sf) Transect Size = 0.25m2 Vessel Location: 25°43.921'N, 80°13.651'W Adjacent to Vessel Footprint: Quadrat # B-B Density Score (per Species species) 1 TT 0.5 HW 2 SF 3 2 TT 0.5 HW 3 SF 4 3 TT 1 HW 1 SF 3 4 SF 4 (NE - bow) (S - beam) (W - stern) (N - beam) NOTES: Lots of debris (tools, chunks of fiberglass, etc.) all around vessel - expands impact footprint on N side especially Water depths in area <-4.0' Located on north side of northermost spoil island 20 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Garcia's on the River Seawall Project Derelict Vessel Removal Mitigation May 2021 Photo 1 (above): Top side of selected derelict vessel, exposed at low tide. North Spoil Island of Dinner Key Mooring Field in the background. Photo 2 (above): View of the bow of the selected derelict vessel, with clear impact footprint boundary visible. 1 21 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Garcia's on the River Seawall Project Derelict Vessel Removal Mitigation May 2021 Photo 3 (above): View of the shadow footprint boundary of the derelict vessel. Note barren baybottom within the shadow footprint and dense seagrass immediately adjacent to it. Photo 4 (above): Stark boundary between the dense seagrass outside of the derelict vessel impact footprint and barren baybottom within the footprint. 2 22 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Garcia's on the River Seawall Project Derelict Vessel Removal Mitigation May 2021 Photo 5 (above): Rusted tools and other debris litter the baybottom surrounding the derelict vessel, as shown above. Photo 6 (above): Vessel debris within the shade footprint created by the derelict vessel's bow. 3 23 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Garcia's on the River Seawall Project Derelict Vessel Removal Mitigation May 2021 Photo 7 (above): Dense seagrass was observed on all four sides of the derelict vessel footprint. Photo 8 (above): 75% bottom cover of Manatee Grass (Syringodium filiforme) was observed in the immediate vicinity of the derelict vessel. 4 24 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Garcia's on the River Seawall Project Derelict Vessel Removal Mitigation May 2021 Photo 9 (above): Survey quadrat over dense Manatee Grass (Braun- Blanquet score of 4). Photo 10 (above): Survey quadrat over Manatee Grass, Turtle Grass (Thalassia testudinum), and Shoal Grass (Halodule wrightii) in the immediate vicinity of the derelict vessel. 5 25 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD UNIFORM WETLAND MITIGATION ASSESSMENT WORKSHEET - PART I - IMPACT Form 62-345.900(2), F.A.C. (See Sections 62-345.400 F.A.C.) Site/Project Name Garcia's on the River Seawall Project Application Number 2020-0120 Assessment Area Name or Number FLUCCs code Further classification (optional) Impact or Mitigation Site? Impact Assessment Area Size 0.01 Acres Basin/Watershed Name/Number Affected Waterbody (Class) Special Classification (i.e.OFW, AP, other local/state/federal designation of importance) Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Assessment area description Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) Functions Mitigation for previous permit/other historic use Anticipated Wildlife Utilization Based on Literature Review (List of species that are representative of the assessment area and reasonably expected to be found) Anticipated Utilization by Listed Species (List species, their legal classification (E, T, SSC), type of use, and intensity of use of the assessment area) Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): Additional relevant factors: Assessment conducted by: Ocean Consulting Assessment date(s): 05/27/21 Form 62-345.900(1), F.A.C. [ effective date ] \\OCEANMASTER-3\Users\Public\Projects\16-5490 - Garcia On the River Waterfront Improvement Project\Mitigation\(21-05-27) UMAM for Garcias Seawall 26 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD UNIFORM WETLAND MITIGATION ASSESSMENT WORKSHEET - PART II - IMPACT Form 62-345.900(2), F.A.C. (See Sections 62-345.500 and .600, F.A.C. Site/Project Name: Garcia's on the River Seawall Project Application Number: 2020-0120 Assessment Area Name or Number: - Impact or Mitigation: Impact Assessment Conducted by: Ocean Consulting Assessment Date: 05/27/21 Scoring Guidance Optimal (10) Moderate(7) Min mal (4) Not Present (0) The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed Condition is optimal and fully supports wetland/surface water functions Condition is less than optimal, but sufficient to maintain most wetland/surface waterfunctions Minimal level of support of wetland/surface water functions Condition is insufficient to provide wetland/surface water functions Current With Impact 500(6)(a) Location and Landscape Support a. Quality and quantity of habitat support outside of AA. b. Invasive plant species. c. Wildlife access to and from AA (proximity and barriers). d. Downstream benefits provided to fish and wildlife. e. Adverse impacts to wildlife in AA from land uses outside of AA. f. Hydrologic connectivity (impediments and flow restrictions). Current With Impact g. Dependency of downstream habitats on quantity or quality of discharges. h. Protection of wetland functions provided by uplands (upland AAs only). 5 4 Notes: Enter notes here Place an "X" in the box above next to the two (2) most important criteria used in scoring this section 500(6)(b) Water Environment (n/a for uplands) a. Appropriateness of water levels and flows. b. Reliability of water level indicators. c. Appropriateness of soil moisture. d. Flow rates/points of discharge. e. Fire frequency/severity. f. Type of vegetation. g. Hydrologic stress on vegetation. h. Use by animals with hydrologic requirements. i. Plant community composition associated with water quality (i.e., plants tolerant of poor WQ). j. Water quality of standing water by observation (I.e., discoloration, turbidity). Current With Impact k. Water quality data for the type of community. I. Water depth, wave energy, and currents. 4 3 Notes: Enter notes here Place an "X" in the box above next to the two (2) most important criteria used in scoring this section .500(6 (c) Community Vegetation Structure I. Extent, diversity of appropriate species and organisms II. Invasive/exotic species III. Regeneration, recruitment, age distribution IV. Species' condition, biomass X Benthic V. Structural features VI. Topographic features Both VII. Spawning, nesting habitat — Current With Impact Notes: Enter notes here Place an "X" in the box above next to the two (2) most important criteria used in scoring this section 3 0 Raw Score = Sum of above scores/30 (if uplands, divide by 20) Current 0.40 With Impact 0.23 Impact Delta (ID) Current - w/Impact 0.17 Impact Acres = 0.01 Functional Loss (FL) [For Impact Assessment Areas]: FL = ID x Impact Acres = 0.002 NOTE: If impact is proposed to be mitigated at a mitigation bank that was assessed using UMAM, then the credits required for mitigation is equal to Functional Loss (FL). If impact mitigation is proposed at a mitigation bank that was not assessed using UMAM, then UMAM cannot be used to assess impacts; use the assessment method of the mitigaiton bank. \\OCEANMASTER-3\Users\Public\Projects\16-5490 - Garcia On the River Waterfront Improvement Project\Mitigation\(21-05-27) UMAM for Garcias Seawall 27 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD UNIFORM WETLAND MITIGATION ASSESSMENT WORKSHEET - PART I - MIT/PRES Form 62-345.900(2), F.A.C. (See Sections 62-345.400 F.A.C.) Site/Project Name Dinner Key DV Removal Application Number 2020-0120 Assessment Area Name or Number FLUCCs code Further classification (optional) Mitigation or Preservation? Assessment Area Size 0.02 Acres Basin/Watershed Name/Number Affected Waterbody (Class) Special Classification (i.e.OFW, AP, other local/state/federal designation of importance) Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Assessment area description Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) Functions Mitigation for previous permit/other historic use Anticipated Wildlife Utilization Based on Literature Review (List of species that are representative of the assessment area and reasonably expected to be found) Anticipated Utilization by Listed Species (List species, their legal classification (E, T, SSC), type of use, and intensity of use of the assessment area) Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): Additional relevant factors: Assessment conducted by: Ocean Consulting Assessment date(s): 5/27/2021 Form 62-345.900(1), F.A.C. [ effective date ] \\OCEANMASTER-3\Users\Public\Projects\16-5490 - Garcia On the River Waterfront Improvement Project\Mitigation\(21-05-27) UMAM for Garcias Seawall 28 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD UNIFORM WETLAND MITIGATION ASSESSMENT WORKSHEET - PART II - MITIGATION/PRESERVATION Form 62-345.900(2), F.A.C. (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name: Dinner Key DV Removal Application Number: 2020-0120 Assessment Area Name or Number: - Impact or Mitigation: Mitigation Assessment Conducted by: Ocean Consulting Assessment Date: 5/27/21 Scoring Guidance Optimal (10) Moderate(7) Minimal (4) Not Present (0) The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed Condition is optimal and Tully supports wetland/surface water functions Condition is less than optimal, but sufficient to maintain most wetland/surface waterfunctions Minimal level of support of wetland/surface water functions Condition is insufficient to provide wetland/surface water functions 500(6)(a) Location and Landscape Support a. Quality and quantity of habitat support outside of AA. b. Invasive plant species. c. Wildlife access to and from AA (proximity and barriers). d. Downstream benefits provided to fish and wildlife. e. Adverse impacts to wildlife in AA from land uses outside of AA. f. Hydrologic connectivity (impediments and flow restrictions). g. Dependency of downstream habitats on quantity or quality of discharges. h. Protection of wetland functions provided by uplands (upland AAs only). 3 5 Notes: Enter notes here Place an "X" in the box above next to the two (2) most important criteria used in scoring this section .500(6)(b)WaterEnvirbnment (n/a for uplands) a. Appropriateness of water levels and flows. b. Reliability of water level indicators. c. Appropriateness of soil moisture. d. Flow rates/points of discharge. e. Fire frequency/severity. f. Type of vegetation. g. Hydrologic stress on vegetation. h. Use by animals with hydrologic requirements. i. Plant community composition associated with water quality (i.e., plants tolerant of poor WQ). j. Water quality of standing water by observation (I.e., discoloration, turbidity). k. Water quality data for the type of community. I. Water depth, wave energy, and currents. 5 5 Notes: Enter notes here Place an "X" in the box above next to the two (2) mos important criteria used in scoring this section .500(6)(c)Community structure Vegetation I. Extent, diversity of appropriate species and organisms II. Invasive/exotic species III. Regeneration, recruitment, age distribution IV. Species' condition, biomass x Benthic V. Structural features VI. Topographic features Both VII. Spawning, nesting habitat — Notes: Enter notes here Place an "X" in the box above next to the two (2) mos important criteria used in scoring this section 1 4 Raw Score = Sum of above scores/30 (if uplands, divide by 20) 0.30 0.47 Mitigation Delta (MD) 0.17 TEMPORAL LAG TABLE YEAR T-factor YEAR .c or= 1 1 11-15 2 .03 16-20 3 1.07 21 25 4 1.10 26-30 5 1.14 31-35 6-10 1.25 36-40 T-f for YEAR T-11nr1,.r 146 41-45 3,1) 1.68 46-50 3.34 1.92 51-55 3,65 2.13 =55 3,91 2.45 2.73 Temporal Lag Factor (TLF) = (see Temporal Lag Table above) 1.07 Risk Factor (RF) = 1.00 (1=no nsk, 2=mod risk, 3=hi risk, on 0.25 increments) FOR PRESERVATION ONLY: Relative Functional Gain (RFG) = MD/(TLF x RF) = 0.159 Mitigation Area Required (acres) = FL/RFG = 0.01 Mitigation Area Size (acres) 0.02 Functional Gain (FG) (RFG x MIT AREA) (should balance with Functional Loss) 0.003 Excess Mitigation (acres) 0.01 Acres of Impact Offset by this Mitigation Area 0.02 \\OCEANMASTER-3\Users\Public\Projects\16-5490 - Garcia On the River Waterfront Improvement Project\Mitigation\(21-05-27) UMAM for Garcias Seawall 29 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD EXHIBIT "C" LEGAL DESCRIPTION OF PROPERTY All that submerged and partially submerged land in Section 21 and 22, 23, 26, 27 and 35, Township 54 South, Range 41 East, which are more particularly described in DEED No. 19448, dated February 24, 1949, and recorded on April 11, 1949, in Deed Book 3130, Page 260, Public Records of Miami -Dade County, Florida LESS AND EXCEPT THE FOLLOWING DESCRIBED FILLED, FORMERELY SOVEREIGNTY LANDS: A portion of fractional Section 22, Township 54 South, Range 41 East, Miami -Dade County, Florida mor particularly described as follows: Commence at the Southwest corner of the Northwest 1/4 of said Section 22; thence South 02°24'44" East for 136.00 feet to the southwesterly corner of a parcel conveyed by The Trustees of the Internal Improvement Trust Fund on 1929 and recorded in Deed Book 1186 at Page 533 of the Public Records of Dade County, Florida; thence along the South line of said deed South 78°22'44" East for 49.22 feet to its intersection with the Easterly right-of-way line of SW 27th Avenue (formerly known as Grapeland Boulevard) as recorded in Deed Book 1459 at Page 42 of the Public Records of Dade County, Florida; thence along said right of way line South 15°19'44" East for 305.82 feet to its intersection with the US Pierhead- Bulkhead line of 1939 and also the Northwesterly line of T.I.I.F. Deed to City of Miami recorded at Deed Book 3130 at Page 260; thence along said US Pier -head Bulkhead line South 77°01'17" East for 6.36 feet to its intersection with the mean high water line of Biscayne Bay and the Point of Beginning; thence continue along said Pierhead line South 77°O1' 17" East for 611.91 feet to its intersection with the mean high water line of Biscayne Bay; thence along said mean high water line South 42°59'38" West for 307.78 feet; thence North 46°49'25" West for 529.85 feet to the Point of Beginning. 30 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD EXHIBIT "D" CLASS I PERMIT APPLICATION [on following page] 31 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD M IAM I-DADE COUNTY Class I Permit Application Date Received: FOR DEPARTMENTAL USE ONLY Application Number: Application Fee: Application must be filled out in its entirety. Please indicate N/A for non -applicable fields. 1. Applicant Information: Name: Ocean Consulting, LLC Address: 340 Minorca Avenue Coral Gables, FL Zip Code: 33134 Phone #: 305-921-9344 Fax#: Email: kirk@oceanconsultingfl.com • This should be the applicant's information for contact purposes. 2. Applicant's Authorized Permit Agent: Agent is allowed to process the application, furnish supplemental information relating to the application and bind the applicant to all requirements of the application. Name: Kirk Lofgren, Ocean Consulting, LLC Address: 340 Minorca Ave, Suite 7 Coral Gables, FL Zip Code: 33134 Phone #: 305-921-9344 Fax #: 305-677-3254 Email: kirk@oceanconsultingfl.com 3. Location where proposed activity exists or will occur (latitude and longitude are only necessary for properties without address or folio #): Folio #(s): Latitude: Street Address: Section: In City or Town: Near City or Town: Name of waterway at location of the activity: Biscayne Bay 25° 43.921'N Longitude: 80° 13.651'W Township: Range: 4. Describe the proposed activity (check all that apply): ❑ Seawall ❑ New/Replacement Seawall 0 Seawall Cap 0 Batter Piles ❑ King Piles 0 Footer/Toe Wall ❑ Riprap 0 Dock(s) ❑ Pier(s) ❑ Viewing Platform ❑ Boatlift ❑ Mooring Piles ❑ Fender Piles ❑ Davits ❑ Dredging 0 Maintenance ❑ New OFilling El Other: DV removal and impact footprint restoration as mitigation for impacts associated with CLI-2020-0120. Estimated project cost = $ 50,000 0 Mangrove Trimming 0 Mangrove Removal Are you seeking an after -the -fact approval (ATF)? DYes ONo If "Yes", describe the ATF work: 5. Proposed Use (check all that apply): Single Family Multi -Family ❑ Private �✓ Public 0 Commercial ❑ Industrial 0 Utility 6. If the proposed work relates to the mooring of vessels provide the following information (please also indicate if the applicant does not have a vessel): Proposed Vessel Type (s): N/A Vessel Make/Model (If known): N/A Draft (s)(range in inches.): N/A Length (s)(range in feet.): N/A Total Number of Slips: N/A 7. List all permits or certifications that have been applied for or obtained for the above referenced work: Issuing Agency Type of Approval Identification Number Application Date Approval Date DEP US COE ERP GP/NWP TBD TBD TBD TBD TBD TBD 32 of 43 1 Revised 11/16/09 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD 8. Contractor Information (If known): Name: TBD License # (County/State): Address: Zip Code: E-mail: Phone #: Fax #: 9. IMPORTANT NOTICE TO APPLICANTS: The written consent of the property owner is required for all applications to be considered complete. Your application WILL NOT BE PROCESSED unless the Applicant and Owner Consent portion of the application is completed below. You have the obligation to apprise the Department of any changes to information provided in this application. Application is hereby made for a Miami -Dade County Class I permit to authorize the activities described herein. I agree to or affirm the following: • I possess the authority to authorize the proposed activities at the subject property, and • I am familiar with the information, data and plans contained in this application, and • To the best of my knowledge and belief, the information, data and plans submitted are true, complete and accurate, and • I will provide any additional information, evidence or data necessary to provide reasonable assurance that the proposed project will comply with the applicable State and County water quality standards both during construction and after the project is completed, and • I am authorizing the permit agent listed in Section 2 of this application to process the application, furnish supplemental information relating to this application and bind the applicant to all requirements of this application, and • I agree to provide access and allow entry to the project site to inspectors and authorized representatives of Miami -Dade County for the purpose of making the preliminary analyses of the site and to monitor permitted activities and adherence to all permit conditions. A. IF APPLICANT IS AN INDIVIDUAL Signature of Applicant Print Applicant's Name Date B. IF APPLICANT IS OTHER THAN AN INDIVIDUAL OR NATURAL PERSON (Examples: Corporation, Partnership, Trust, LLC, LLP, etc.) Ocean Consulting LLC Florida Print Name of Applicant (Enter the complete name as registered) Type (Corp, LLC, LLP, etc.) State of Registration/Incorporation Under the penalty of perjury, I certify that I have the authority to sign this application on behalf of the Applicant, to bind the Applicant, and if so required to authorize the issuance of a bond on behalf of the Applicant. (If asked, you must provide proof of such authority to the Department). ***Please Note: If additional signatures are required, pursuant to your governing documents, operating agreements, or other applicable agreements or laws, you must attach additional signature pages. *** Signature of Authorized Representative Mr. Kirk Lofgren Principal/Owner Print Authorized Representative's Name Title Date C. IF APPLICANT IS A JOINT VENTURE Each party must sign below(If more than two members, list on attached page) Print Name of Applicant (Enter the complete name as registered) Registration/Incorporation Print Name of Applicant (Enter the complete name as registered) Registration/Incorporation Type (Corp, LLC, LLP, etc.) State of Type (Corp, LLC, LLP, etc.) State of Under the penalty of perjury, I certify that I have the authority to sign this application on behalf of the Applicant, to bind the Applicant, and if so required to authorize the issuance of a bond on behalf of the Applicant. (If asked, you must provide proof of such authority to the Department). ***Please Note: If additional signatures are required, pursuant to your governing documents, operating agreements, or other applicable agreements or laws, you must attach additional signature pages. *** Signature of Authorized Representative Print Authorized Representative's Name Title Date Signature of Authorized Representative Print Authorized Representative's Name Title Date 33 of 45 2 Revised 11/16/09 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD 10. WRITTEN CONSENT OF THE PROPERTY OWNER OF THE AREA OF THE PROPOSED WORK I/We are the fee simple owner(s) of the real property located at 25 DEG 43.921' N, 80 DEG, 13.651' W and submerged lands Miami -Dade County, Florida, otherwise identified in the public records of Miami -Dade County as Folio No. N/A I am aware and familiar with the contents of this application for a Miami -Dade County Class I Permit to perform the work on or adjacent to the subject property, as described in Section 4 of this application. I possess the riparian rights to the area of the proposed work (if applicable) and hereby consent to the work identified in this Class I Permit application. A. IF THE OWNER(S) IS AN INDIVIDUAL Signature of Owner Signature of Owner Print Owner's Name Date Print Owner's Name Date B. IF THE OWNER IS OTHER THAN AN INDIVIDUAL OR NATURAL PERSON (Examples: Corporation, Partnership, Joint Venture, Trust, LLC, LLP, etc.) City of Miami Corp FL Print Name of Owner (Enter the complete name as registered) 444 SW 2nd Avenue #325 Miami, Florida Address of Owner Type (Corp, LLC, LLP, etc.) State of Registration/Incorporation Under the penalty of perjury, I certify that I have the authority to sign this application on behalf of the Owner, to bind the Owner, and if so required to authorize the issuance of a bond on behalf of the Owner. (If asked, you must provide proof of such authority to the Department). ***Please Note: If additional signatures are required, pursuant to your governing documents, operating agreements, or other applicable agreements or laws, you must attach additional signature pages. *** City Manager Signature of Authorized Representative Print Authorized Representative's Name Title Date Signature of Authorized Representative Print Authorized Representative's Name Title Date Please Review Above Appropriate signature(s) must be included in: Box 9: either A, B or C AND Box 10: either A or B 34 of 45 3 Revised 11/16/09 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Class I Permit Application Additional Signatures Page (Please attach to Class I permit application) Applicant Name: Owner Name: Project Location: Additional signatures for: ❑ Applicant 0 Owner 1. IF THE APPLICANT/OWNER IS AN INDIVIDUAL Signature of Applicant/Owner Signature of Applicant/Owner Print Name of Applicant/Owner Date Print Name of Applicant/Owner Date 2. IF THE APPLICANT/OWNER IS OTHER THAN AN INDIVIDUAL OR NATURAL PERSON (Examples: Corporation, Partnership, Trust, LLC, LLP, etc.) Print Name of Applicant/Owner (Enter the complete name as registered) Type (Corp, LLC, LLP, etc.) State of Registration/Incorporation Under the penalty of perjury, we certify that we have the authority to sign this application on behalf of the Applicant/Owner, to bind the Applicant/Owner, and if so required to authorize the issuance of a bond on behalf of the Applicant/Owner. (If asked, you must provide proof of such authority to the Department). ***Please Note: If additional signatures are required, pursuant to your governing documents, operating agreements, or other applicable agreements or laws, you must attach additional signature pages. *** Signature Print Name Title Date Signature Print Name Title Date Signature Print Name Title Date Signature Print Name Title Date Signature Print Name Title Date Signature Print Name Title Date Signature Print Name Title Date Signature Print Name Title Date Signature Print Name Title Date 35 of 45 4 Revised 11/16/09 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD EXHIBIT "E" CORPORATE RESOLUTION — RIVERSIDE WHARF, LLC. [on following page] 36 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD WRITTEN CONSENT IN LIEU OF A MEETING OF THE BOARD OF MANAGERS OF DRIFTWOOD-MV MASTER MANAGER, LLC April 13, 2023 The undersigned, representing all of the members of the Board of Managers (the "Board") of Driftwood-MV Master Manager, LLC, a Delaware limited liability company (the "Company"), which is the sole member of Driftwood-MV Miami Riverside Wharf QOZB Manager, LLC, a Delaware limited liability company ("QOZB Manager"), which is the manager of Driftwood-MV Miami Riverside Wharf QOZB, LLC, a Delaware limited liability company ("QOZB"), which is the sole member of Riverside Wharf LLC, a Florida limited liability company ("Property Owner"), waive all formal requirements, including the necessity of holding a formal or informal meeting, and any requirements for notice, and consent in writing to the adoption of the following resolutions, taking said action in lieu of a meeting of the Board: A. Property Owner is the sole owner of the fee and leasehold interest, as applicable, in the real property located at 114 SW North River Dr., 300 SW 2nd St., 200 SW North River Dr., Miami, FL 33130 (the "Fee Property"), and 236 and 298 SW North River Dr., Miami, FL 33130 (the "Ground Lease Property", and together with the Fee Property, collectively, the "Property"). B. Property Owner desires to develop a mixed -use development on the Property and enter into certain agreements, authorizations, approvals and transactions with the City of Miami in connection with such development (collectively, the "Transaction"); C. The Board desires to authorize and approve, or to the extent such actions have already been taken, ratify and approve the Transaction. NOW, THEREFORE, BE IT RESOLVED, that the Board approves and ratifies the Transaction, and the causation of the Company to cause the QOZB Manager to cause the QOZB to cause Property Owner to enter into the Transaction; FURTHER RESOLVED, that each of Carlos J. Rodriguez, Sr., Carlos J. Rodriguez, Jr., Alex Mantecon and Guillermo Vadell (each, an "Authorized Signatory"), acting alone, is authorized on behalf of the Property Owner to execute all documentation related to the Transaction, and all supplements and amendments to any of the same as such Authorized Signatory executing the same may deem advisable, the Board hereby ratifying and confirming the acts of such Authorized Signatory executing and delivering all of such documents, agreements and instruments, irrespective of whether such acts were performed before or subsequent to the date of the adoption hereof, and directing the managers, members, officers and employees of the Company, the QOZB Manger, QOZB or Property Manager to perform all of its obligations and undertakings under each and all such documents, agreements and instruments; FURTHER RESOLVED, that all acts and things heretofore or hereafter done by any Authorized Signatories, officers, members, managing members, managers, employees or agents of any such 37 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD entity in connection with the transactions contemplated by the foregoing resolutions and consistent with the scope of such resolutions be, and the same hereby are, in all respects ratified, confirmed, approved and adopted as acts on behalf of such entity; and FURTHER RESOLVED, that any officer, managing member, manager or Authorized Signatory of any such entity is authorized and empowered to certify the authenticity and completeness of these resolutions, the organizational documents of such entity, and the names of the officers, members, managers, employees and authorized signatories of such entity and that their signatures are true. This document may be executed in one or more counterparts, each of which may be deemed an original, but all of which together, when filed in the corporate records, shall be deemed one instrument. The exchange of executed copies of this document by facsimile or Portable Document Format (PDF) transmission shall constitute effective execution and delivery of this document for all purposes, and the signature transmitted by facsimile or Portable Document Format (PDF) shall be deemed to be the original signature for all purposes. [Signature Pages Follow] 2 38 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD IN WITNESS WHEREOF, the undersigned, being a majority of the entire Board of the Company, have adopted and approved the foregoing resolutions effective as of the date first above written. state of F (or tcick County of rl lam 1 beta P tt is_il_aay of AIDr i 1 V)before rile personally rcwibs, t.And+[taue2,Sr to me known to be the person who executed the foregoing instrument, and acknowledged that he executed the same as free act and eed. SEAL (signed) NOTARYPI1BuC By: Name: Carlos J. Rodriguez, Sr. ANDREA MIRANDA MY COMMISSION # GG 348981 «;°�` EXPIRES: June 28, 2023 ?„ no Bonded 1MI Notary Pubic thfde nsI en ... SIGNATURE PAGE TO WRITTEN CONSENT OF THE BOARD OF MANAGERS OF DRIFTWOOD-MV MASTER MANAGER, LLC 39 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD By: Name: Carlos J. Rodriguez, Jr. State of Fi0r Lq County of M IA M 1 TJcarle. On this day of A Q r i before me 1 t r if rZnall5r a�peargd CLrx�Y 19iu'2�`�rt to me known to be the person who executed the foregoing instrument, and acknowledged that he executed the same as his fee act id geed. SEAL (signed) t NOTAr PUBLIC SIGNATURE PAGE TO WRITTEN CONSENT OF T E BOARD OF MANAGERS OF DRIFTWOOD-MV MASTER AR 40 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD State of 'F) Ur \r CX County of MA a m 1 Dr'Acit. On this Jday of R p r 1 20 7 before me personally appeared x an-t-frnrn to me known to be the person who executed the foregoing Instrument, and acknowledged that he executed the same as I is free act : d ' eed. SEAL (signed) { NOT Y PUBLIC By: Name Alex Mantecon lei ,��•7, � hit ANDREA MIRANDA MY COMMISSION 8 GG 348881 EXPIRES: dune 26, 2023 Bonded Ttru Notary Public Underwriters SIGNATURE PAGE TO WRITTEN CONSENT OF THE BOARD OF MANAGERS OF DRIFTWOOD-MV MASTER MANAGER, LLC 41 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD State of F Inr County of N[ 1 Um \ tea c4� On this 1' day of A Y t ' 2O2 before me prsonaUy appeared Ciii 1 r itrymn Vll to me known to be the person who executed the foregoing instrument, and acknowledged that he executed AL ned) as his J an��deed. 1 RV PiiBIJC B1: Name: Guillermo Va • ' 4&,.. ANDREA MIRANDA ; , •;. MYCOMMISSION # GG 348881 EXPIRES: June 20, 2023 •• or i;°�'' Bolded "Mu Notary Public Underwriters SIGNATURE PAGE TO WRITTEN CONSENT OF THE BOARD OF MANAGERS OF DRIFTWOOD-MV MASTER MANAGER, LLC 42 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD EXHIBIT "F" CORPORATE RESOLUTION OR OTHER PROOF OF AUTHORIZATION OCEAN CONSULTING, LLC. [on following page] 43 of 45 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD Detail by Entity Name JIVISION OF CORPORATIONS r JIYE lO!`IOj ii�� r r�� ,»3 .org L,DP pDp A'rip-N..J ________--,, an official State of Florida website Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company OCEAN CONSULTING, LLC Filing Information Document Number L07000002766 FEI/EIN Number 20-8213007 Date Filed 01/09/2007 State FL Status ACTIVE Principal Address 359 Alcazar Avenue suite 200 CORAL GABLES, FL 33134 Changed: 04/05/2023 Mailing Address 359 Alcazar Avenue suite 200 CORAL GABLES, FL 33134 Changed: 04/05/2023 Registered Agent Name & Address LOFGREN, KIRK J 6910 Sunrise Court CORAL GABLES, FL 33133 Address Changed: 01/15/2018 Authorized Person(s) Detail Name & Address Title MGRM LOFGREN, KIRK J 6910 Sunrise Court CORAL GABLES, FL 33133 Title MGR 44 of 45 https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=OCEANC.. 1/2 DocuSign Envelope ID: C834D9FA-F8DE-4BA8-99CD-631C07B8FFAD LOFGREN, JOY C 6910 Sunrise Court CORAL GABLES, FL 33133 Annual Reports Report Year Filed Date 2021 02/01/2021 2022 01/24/2022 2023 01/24/2023 Document Images 01/24/2023 --ANNUAL REPORT 01/24/2022 --ANNUAL REPORT 02/01/2021 --ANNUAL REPORT 01/23/2020 --ANNUAL REPORT 02/19/2019 --ANNUAL REPORT 01/15/2018 --ANNUAL REPORT 01/09/2017 --ANNUAL REPORT 01/22/2016 --ANNUAL REPORT 01/07/2015 --ANNUAL REPORT 01/13/2014 --ANNUAL REPORT 01/29/2013 --ANNUAL REPORT 02/09/2012 --ANNUAL REPORT 02/17/2011 --ANNUAL REPORT 03/30/2010 --ANNUAL REPORT 01/15/2009 --ANNUAL REPORT 01/28/2008 --ANNUAL REPORT 61/09/2007 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporations 45 of 45 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=OCEANC... 2/2 Olivera, Rosemary From: Lila, Sandy Sent: Monday, June 26, 2023 1:00 PM To: Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Cc: Frey, Andrew; Blue, Sabrina; Fossler, Thomas; Roberts, Frankeetha; Salvatore, Jason; Bustamante, Aldo Subject: Matter No. 22-2002 - Riverside Wharf, LLC and Ocean Consulting LLC Hold Harmless Agreement.pdf Attachments: Complete_with_DocuSign_Riverside_Wharf_LLC_Hold Harmless Agreement.pdf Good afternoon, Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Kind regards, Sandy Lila Lease Manager Department of Real Estate and Asset Management "DREAM" 444 SW 2 Avenue, 3rd Floor Miami, Florida 33130 slila@miamigov.com 0: (305)416-1461 1