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HomeMy WebLinkAbout26297AGREEMENT INFORMATION AGREEMENT NUMBER 26297 NAME/TYPE OF AGREEMENT 1809 BRICKELL PROPERTY OWNER LLC DESCRIPTION HOLD HARMLESS, INDEMNIFICATION, & NO VESTED RIGHTS AGREEMENT/PERMIT APPLICATIONS FOR A PROPOSED MARINA & RELATED FACILITIES ON SUBMERGED LANDS/FILE ID: 19504/R-26-0366/MATTER ID: 26-526 EFFECTIVE DATE September 29, 2026 ATTESTED BY TODD B. HANNON ATTESTED DATE 9/29/2026 DATE RECEIVED FROM ISSUING DEPT. 9/30/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL HOLD HARMLESS, INDEMNIFICATION, AND NO VESTED RIGHTS AGREEMENT THIS HOLD HARMLESS, INDEMNIFICATION, AND NO VESTED RIGHTS AGREEMENT (the "Agreement") is made and entered into as of September 29, 2922626: EDT "Effective Date"), by and between the CITY OF MIAMI, FLORIDA, a municipal corporation (the "City"), and 1809 BRICKELL PROPERTY OWNER LLC, a Delaware limited liability company ("Owner"). WHEREAS, Owner is the owner of that certain upland real property known as 1809 Brickell Avenue, Miami, Florida (the "Upland Property"), as more particularly described in Exhibit "A" attached hereto and incorporated herein; WHEREAS, Owner desires to pursue the permitting and potential development of certain marina and related waterfront facilities (collectively, the "Marina Facilities") in, on, over, and/or adjacent to certain submerged lands owned by the City adjacent to or abutting the Upland Property (the "City Submerged Lands") as more particularly described on Exhibit "B" attached hereto and incorporated herein; WHEREAS, Owner intends to seek a lease, license, or other authorization from the City for the use of the City Submerged Lands pursuant to Section 29-B of the City Charter and Chapter 18, Article XI of the City Code, entitled "Leases of City -Owned Submerged Lands"; WHEREAS, the City and Owner are currently negotiating the terms and conditions of a potential submerged land lease for the Marina Facilities, but no lease has been agreed upon or approved as of the Effective Date; WHEREAS, Owner has requested that, solely to allow Owner to begin and continue the governmental permitting process for the Marina Facilities while such lease negotiations are ongoing, the City execute certain permit applications, owner authorizations, riparian consent forms, sovereignty submerged land applications, and/or other documents reasonably required by applicable governmental agencies in connection with Owner's pursuit of permits for the Marina Facilities (collectively, the "Permitting Documents") attached hereto as Exhibit "C" and incorporated herein; WHEREAS, the City is willing to execute the Permitting Documents for the limited purpose set forth herein, subject to Owner's execution and delivery of this Agreement and Owner's strict compliance with the terms hereof; and WHEREAS, the City and Owner desire to expressly confirm that the City's execution of any Permitting Documents shall not create, confer, evidence, or support any vested rights, leasehold rights, contractual rights, riparian rights, development rights, estoppel, waiver, or other property interest in favor of Owner with respect to the City Submerged Lands or the Marina Facilities; and 1809 Brickell Property Owner LLC Hold Harmless Agreement WHEREAS, the City Manager was authorized to enter into this Agreement pursuant to City Commission Resolution No. R-26-0366, adopted on September 10, 2026, which is incorporated herein by reference. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth herein. 2. Limited Purpose of Agreement. The sole purpose of this Agreement is to permit the City, in its sole discretion, to execute the Permitting Documents so that Owner may commence the regulatory permitting process for the Marina Facilities while the City and Owner continue to negotiate the terms of a potential lease of the City Submerged Lands pursuant to Section 29-B of the City Charter and Chapter 18, Article XI of the City Code. Notwithstanding any language contained herein the contrary, Owner acknowledges and agrees that the City's execution of any Permitting Documents does not authorize Owner, or any of Owner's contractors, consultants, agents, representatives, or invitees, to enter upon, access, inspect, survey, sample, test, disturb, alter, or perform any environmental, geotechnical, engineering, diving, submerged lands, field, or other investigative work on, in, over, under, or adjacent to the City Submerged Lands. Any such access, testing, sampling, inspection, survey, or field work shall require the City's separate prior written approval, which may be granted, conditioned, or denied in the City's sole discretion, together with any required insurance, indemnity, permits, site -specific conditions, and restoration obligations required by the City. 3. No Approval; No Lease; No Consent to Construction. Owner acknowledges and agrees that the City's execution of any Permitting Documents is a limited accommodation only and does not constitute: (a) approval of the Marina Facilities; (b) approval of any plans, specifications, configuration, dimensions, location, or scope of the Marina Facilities; (c) approval of any lease, license, easement, management agreement, or other right to use the City Submerged Lands; (d) a determination that Owner is entitled to a submerged land lease under Section 29-B of the City Charter and Chapter 18, Article XI of the City Code; or (e) consent to commence construction on, over, or within the City Submerged Lands. Owner shall not commence construction of any Marina Facilities upon the City Submerged Lands unless and until a separate submerged land lease or other authorization has been fully executed by the parties and all other required governmental approvals have been obtained. 1809 Brickell Property Owner LLC Hold Harmless Agreement 4. No Vested Rights; No Estoppel. Owner expressly acknowledges and agrees that, notwithstanding the City's execution of the Permitting Documents, Owner shall acquire no vested rights, equitable rights, leasehold rights, contractual rights, development rights, or other legal or equitable interest in or to the City Submerged Lands or the Marina Facilities unless and until a separate submerged land lease is fully negotiated, approved, executed, and delivered by all required parties. In the event that (a) the City and Owner do not agree upon the terms and conditions of a submerged land lease, (b) any required City approval of such lease is denied or not obtained, (c) Owner elects not to proceed, or (d) the parties otherwise fail to enter into a fully executed submerged land lease for any reason, then Owner agrees that it shall have no claim that it obtained any vested rights or other entitlement by reason of the City's execution of the Permitting Documents, Owner's pursuit or receipt of any permits, Owner's expenditure of time or money, or Owner's reliance upon the City's cooperation with the permitting process. Owner further waives and releases any claims against the City, including but not limited to claims of estoppel, detrimental reliance, inverse condemnation, or temporary taking arising out of or relating to the City's execution of the Permitting Documents or the failure of the parties to enter into a submerged land lease. 5. City's Reserved Rights and Discretion. Nothing in this Agreement shall be construed to limit, impair, or waive any right, power, discretion, or remedy of the City in its proprietary, regulatory, governmental, legislative, quasi judicial, administrative, police - power, or permitting capacities. The City retains the full right, in its sole discretion and in accordance with applicable law, to negotiate, reject, modify, condition, approve, deny, defer, terminate, or decline to proceed with any proposed submerged land lease or other proprietary or regulatory authorization relating to the City Submerged Lands. The City may also withdraw, revoke, rescind, or decline to reaffirm any owner authorization or consent included in the Permitting Documents to the extent permitted by law. Owner shall not submit, amend, supplement, modify, replace, or rely upon any City -executed permitting document except in the form expressly approved in writing by the City Manager or designee. No permit condition, agency requirement, mitigation obligation, monitoring obligation, maintenance obligation, restoration obligation, or other regulatory requirement shall bind the City unless expressly accepted by the City in a separate written agreement approved and executed in accordance with applicable law. 6. Owner's Sole Risk; No Reimbursement. Owner shall undertake all permitting activities at its sole cost and risk. Owner acknowledges that it may incur substantial costs in connection with applications, consultants, design, engineering, legal work, environmental review, and agency permitting. Owner agrees that it shall have no claim against the City for reimbursement, damages, compensation, or any other relief arising from or relating to such costs, regardless of whether any permit is issued, denied, challenged, modified, or 1809 Brickell Property Owner LLC Hold Harmless Agreement revoked, and regardless of whether a submerged land lease or other use agreement is ultimately executed. 7. Hold Harmless; Defense; Indemnification. Owner hereby releases, waives, and forever discharges, and agrees to defend, indemnify, and hold harmless the City and its current and former officers, officials, commissioners, boards, departments, agencies, employees, attorneys, agents, representatives, successors, and assigns (collectively, the "City Indemnitees") from and against any and all claims, demands, causes of action, suits, liabilities, damages, judgments, losses, fines, penalties, costs, and expenses of every kind and nature whatsoever (including, without limitation, court costs and reasonable attorneys' fees and costs at all levels), whether direct, indirect, or consequential, arising out of or relating to: (a) the City's execution of any Permitting Documents; (b) Owner's pursuit, processing, issuance, denial, challenge, modification, or revocation of any permit or agency approval for the Marina Facilities; (c) any assertion by Owner or any third party of vested rights, reliance, estoppel, or entitlement arising from the permitting process; (d) any acts or omissions of Owner or its contractors, consultants, agents, or representatives in connection with the Marina Facilities; and/or (e) the failure of the City and Owner to enter into a submerged land lease or other agreement to utilize the City Submerged Lands. Owner shall, upon tender or notice of any Claim, defend the City Indemnitees with counsel reasonably acceptable to the City; provided, however, the City shall have the right, but not the obligation, to participate in the defense and to select separate counsel at Owner's expense where the City determines such separate representation is necessary. To the greatest extent permitted by law, Owner's defense, indemnity, release, and hold harmless obligations shall apply regardless of whether any Claim is alleged to have been caused in whole or in part by the negligence, act, or omission of any City Indemnitee. Owner's obligations under this Section are independent of, and not limited by, Owner's insurance or any other provision of this Agreement. 8. Insurance. Prior to the City's execution of any Permitting Document, Owner shall maintain, and cause its contractors/consultants to maintain, the insurance policies and coverage set forth in the attached and incorporated Exhibit "D," naming the City as additional insured on a primary and non-contributory basis, with certificates delivered to Risk Management before any Permitting Document is executed. In no event shall any insurance provided to City limit Owner's indemnity obligations under this Agreement. 9. No Assignment. Owner shall not assign or transfer this Agreement, or any Permitting Document, permit, or authorization obtained hereunder, without the prior written consent of the City, which may be withheld in its sole discretion. 1809 Brickell Property Owner LLC Hold Harmless Agreement 10. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's sovereign immunity under all applicable laws, including but not limited to the limits set forth in Section 768.28, Florida Statutes. 11. Authority. Owner represents it is authorized to transact business in Florida and that the signatory is duly authorized to bind Owner. 12. No Third -Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and the City Indemnitees and shall not be construed to create any rights in any third party. 13. Compliance with Law. Owner shall comply with all applicable federal, state, county, and city laws, ordinances, codes, rules, regulations, and permit requirements in connection with the Marina Facilities and all permitting activities. Nothing herein shall be construed as a representation by the City regarding the applicability of any law or the likelihood of obtaining any permit or approval. 14. Recording; Liens. Owner shall not record this Agreement, any Permitting Document, permit, agency approval, notice, memorandum, affidavit, or other instrument against or in connection with the City Submerged Lands, and shall not take any action that creates or may create any lien, encumbrance, title exception, claim, or cloud upon the City's title or interest in the City Submerged Lands. Owner shall keep the City Submerged Lands free and clear of all liens, claims of lien, encumbrances, contractor claims, consultant claims, and other claims arising from or relating to Owner's activities, and shall promptly discharge any such lien or claim at Owner's sole cost and expense. 15. Term; Survival. This Agreement shall become effective on the Effective Date and shall remain in effect until the earlier of: (a) execution of a submerged land lease or other authorized use agreement by the City and Owner that expressly supersedes this Agreement; or (b) written termination by the City, which shall be effective immediately upon notice thereof to Owner. Notwithstanding the foregoing, or any language to the contrary, Owner's waivers, releases, no -vested -rights acknowledgments, and indemnification/defense obligations under this Agreement shall survive the expiration or earlier termination of this Agreement and shall survive the denial, expiration, revocation, withdrawal, or abandonment of any permit application or permitting approval. Upon termination or revocation, Owner shall promptly notify all applicable agencies, cease representing any City consent, and withdraw any Permitting Document naming the City. 16. Remedies Cumulative. The City's rights and remedies under this Agreement are cumulative and not exclusive of any rights or remedies available at law, in equity, under 1809 Brickell Property Owner LLC Hold Harmless Agreement this Agreement, or otherwise. No exercise or failure to exercise any right or remedy by the City shall constitute a waiver of any right or remedy. 17. Governing Law; Venue; Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any action arising out of or relating to this Agreement shall lie exclusively in Miami -Dade County, Florida. In any direct action between the City and Owner arising out of or relating to this Agreement, each party shall bear its own attorneys' fees and costs. This Section shall survive termination or expiration of this Agreement. 18. Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior discussions, negotiations, understandings, and writings with respect thereto. This Agreement may be amended only by a written instrument executed by both City and Owner. 19. Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. An executed electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on 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. 20. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. Signature pages follow 1809 Brickell Property Owner LLC Hold Harmless Agreement IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. OWNER: 1809 BRICKELL PROPERTY OWNER LLC, a Delawarlin ted liabil' co ► pany By: Name: Title: Date: G/til / STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of / physical presence or online notarization, thi II day of •, 4. !_, 2026, by } , as I1 , 1rRp j n, Property Owner LL ', a Delaware limited liability company, to behalf)rf the company. He/She L is personally known to me or has produced identification. otary Public, State of Florida My Commissi Expires: • 'jtj Print Name: I e I4 V QfOf of 1809 Brickell 1111ralralrili- —- --- - - - Notary Public State of Florida Jessica Viaros 111f My Commission HH 310549 Expires 10/18/2026 as 1809 Brickell Property Owner LLC Hold Harmless Agreement Signed by: ATTEST: "City" THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA DocuSigned by: Signed by: BY: ' BY: D7566DGF9d49... F2C6A478... Todd B. Hannon James Reyes City Clerk City Manager APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: BY: 5DS (—Signed by: `— 6E9FE8 48B.. George K. Wysong III City Attorney Matter 26-526 BY: David Ruiz Interim Director of Risk Management 1809 Briekell Property Owner LLC Hold Harmless Agreement EXHIBIT "A" Legal Description of Upland Property LEGAL DESCRIPTION: The land referred to herein below is situated in the County of Miami —Dade. State of Florida, and is described os follows: LOTS 51 AND 52, BLOCK "B", MARY AND WILLIAM B. BRICKELL SUBDIVISION, AS RECORDED IN PLAT BOOK "8". PAGE 96 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY. FLORIDA. ALSO KNOWN AS FLAGLER RE —SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 44. AND A PARCEL OF SUBMERGED LAND LYING BETWEEN THE HIGH WATER LINE OF BISCAYNE BAY AND THE MIAMI—DADE COUNTY BULKHEAD LINE LOCATED SOUTHEASTERLY OF LOTS 51 AND 52, BLOCK B OF MARY AND WILLIAM BRICKELL SUBDIVISION, PLAT BOOK "B" AT PAGE 96, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, SAID LOTS LYING AND BEING IN SECTION 39, TOWNSHIP 54 SOUTH, RANGE 41 EAST, MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHWEST CORNER OF SECTION 40, TOWNSHIP 54 SOUTH, RANGE 41 EAST, MIAMI—DADE COUNTY, FLORIDA; THENCE NORTH 88 DEGREES, 12 MINUTES, 14 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 40 FOR A DISTANCE OF 4,733.70 FEET TO THE INTERSECTION THEREOF WITH THE NORTHWESTERLY LINE OF BLOCK B OF FLAGLER SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 AT PAGE 44 OF THE PUBUC RECORDS. MIAMI—DADE COUNTY, FLORIDA; THENCE NORTH 52 DEGREES, 50 MINUTES, 14 SECONDS EAST ALONG THE NORTHWESTERLY LINE OF BLOCK B OF THE SAID FLAGLER SUBDIVISION AND ALONG THE NORTHWESTERLY LINE OF BLOCK B OF MARY AND WILLIAM BRICKELL SUBDIVISION, PLAT BOOK "B", AT PAGE 96, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, FOR A DISTANCE OF 2,341.02 FEET TO THE MOST WESTERLY CORNER OF LOT 52, BLOCK B OF THE SAID MARY AND WILLIAM BRICKELL SUBDIVISION; THENCE SOUTH 37 DEGREES, 09 MINUTES, 46 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF THE SAID LOT 52 AND ITS PROLONGATION SOUTHEASTERLY FOR A DISTANCE OF 672.67 FEET TO THE INTERSECTION THEREOF WITH THE MIAMI—DADE COUNTY BULKHEAD LINE AND TO THE POINT OF BEGINNING OF THE PARCEL OF SUBMERGED LAND HEREIN DESCRIBED; THENCE NORTH 56 DEGREES, 54 MINUTES, 11 SECONDS EAST, ALONG THE SAID MIAMI—DADE COUNTY BULKHEAD LINE FOR A DISTANCE OF 200.47 FEET TO THE INTERSECTION THEREOF WITH THE PROLONGATION SOUTHEASTERLY OF THE NORTHEASTERLY LINE OF LOT 51, BLOCK B OF THE SAID MARY AND WILLIAM BRICKELL SUBDIVISION; THENCE NORTH 37 DEGREES, 09 MINUTES, 46 SECONDS WEST ALONG THE PROLONGATION SOUTHEASTERLY OF THE NORTHEASTERLY LINE OF THE SAID LOT 51 FOR A DISTANCE OF 210.9 FEET MORE OR LESS, TO A POINT ON THE HIGH WATER LINE OF BISCAYNE BAY; THENCE SOUTHWESTERLY MEANDERING THE HIGH WATER LINE OF BISCAYNE BAY FOR A DISTANCE OF 200 FEET MORE OR LESS, TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE OF THE SAID LOT 52; THENCE SOUTH 37 DEGREES, 09 MINUTES, 46 SECONDS EAST ALONG THE PROLONGATION SOUTHEASTERLY OF THE SOUTHWLSILRLY LINE OF THE SAID LOT 52 FOR A DISTANCE OF 228.7 FEET MORE OR LESS TO THE POINT OF BEGINNING; LYING AND BEING IN THE COUNTY OF MIAMI—DADE, FLORIDA. 1809 Brickell Property Owner LLC Hold Harmless Agreement EXHIBIT "B" Legal Description of City Submerged Lands 1LEGAL DESCRIPTION: A PARCEL OF BISCAYNE BAY, SUBMERGED LAND LYING SOUTHEASTERLY OF THE MEAN HIGH WATER LINE OF BISCAYNE BAY, ALSO BEING THE MIAMI—DADE COUNTY BULKHEAD LINE, AS RECORDED IN PLAT BOOK 74 AT PAGE 3, LOCATED SOUTHEASTERLY OF LOTS 51 AND 52, BLOCK B OF MARY AND WILLIAM BRICKELL SUBDIVISION, PLAT BOOK "B" AT PAGE 96, BOTH PARTS OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, SAID LOTS LYING AND BEING IN SECTION 39, TOWNSHIP 54 SOUTH, RANGE 41 EAST, MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE MOST WESTERLY CORNER OF LOT 52, BLOCK B OF THE SAID MARY AND WILLIAM BRICKELL SUBDIVISION; THENCE SOUTH 37 DEGREES, 09 MINUTES, 46 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF THE SAID LOT 52 AND ITS PROLONGATION SOUTHEASTERLY FOR A DISTANCE OF 672.70 FEET TO THE INTERSECTION THEREOF WITH SAID MIAMI—DADE COUNTY BULKHEAD LINE AND TO THE POINT OF BEGINNING OF THE PARCEL OF SUBMERGED LAND HEREIN DESCRIBED; THENCE NORTH 56 DEGREES, 33 MINUTES, 43 SECONDS EAST, ALONG THE SAID MIAMI—DADE COUNTY BULKHEAD LINE AND SAID MEAN HIGH WATER LINE FOR A DISTANCE OF 200.52 FEET TO THE INTERSECTION THEREOF WITH THE PROLONGATION SOUTHEASTERLY OF THE NORTHEASTERLY LINE OF LOT 51, BLOCK B OF THE SAID MARY AND WILLIAM BRICKELL SUBDIVISION; THENCE SOUTH 37 DEGREES, 33 MINUTES, 13 SECONDS EAST ALONG THE PROLONGATION SOUTHEASTERLY OF THE NORTHEASTERLY LINE OF THE SAID LOT 51 FOR A DISTANCE OF 194.38 FEET; THENCE SOUTH 52 DEGREES, 05 MINUTES, 08 SECONDS WEST FOR 200.00 FEET; THENCE NORTH 37 DEGREES, 33 MINUTES, 13 SECONDS WEST ALONG THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF THE SAID LOT 52 FOR A DISTANCE OF 210.03 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN THE CITY OF MIAMI, COUNTY OF MIAMI—DADE, FLORIDA. 1809 Brickell Property Owner LLC Hold Harmless Agreement Permitting Documents EXHIBIT "C" Attached on the following pages 1809 Brickell Property Owner LLC Hold Harmless Agreement EXHIBIT "D" INSURANCE REQUIREMENTS 1809 BRICKELL HOLD HARMLESS OWNER POLICIES I. Commercial General Liability Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Primary Insurance Clause Endorsement II. Business Automobile Liability Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 Endorsements Required City of Miami included as an additional insured LETTER WILL BE ACCEPTED IF NO AUTO EXPOSURE IS ASSOCIATED WITH THIS AGREEMENT 1809 Brickell Property Owner LLC Hold Harmless Agreement III. Worker's Compensation Limits of Liability (Part A): Statutory, per State of Florida Employer's Liability A. Limits of Liability (Part B) $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each ernployee $500,000 for bodily injury caused by disease, policy limit LETTER WILL BE ACCEPTED IF BORROWER HAS LESS THAN (4) EMPLOYEES IV. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 Aggregate $ 1,000,000 City of Miami listed as an additional Insured. Coverage is excess follow form over all liability policies contained herein. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or 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. AGENDA ITEM SUMMARY FORM File ID: #19504 Date: 06/25/2026 Commission Meeting Date: 09/10/2026 Requesting Department: Department of Real Estate and Asset Management Sponsored By: Damian Pardo District Impacted: District 2 Type: Resolution Subject: Execute - Indemnity and Hold Harmless Agrmnt -1809 Brickell Ave Marina Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A HOLD HARMLESS AND INDEMNITY AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND 1809 BRICKELL PROPERTY OWNER, LLC ("OWNER"), AUTHORIZING OWNER TO SUBMIT PERMIT APPLICATIONS AND RELATED DOCUMENTATION, AT OWNER'S SOLE COST AND RISK, FOR REVIEW OF A PROPOSED MARINA AND RELATED FACILITIES ON CERTAIN CITY -OWNED SUBMERGED LANDS, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A" ("SUBMERGED LANDS") AND LOCATED ADJACENT TO 1809 BRICKELL AVENUE, MIAMI, FLORIDA, IN CONNECTION WITH A POTENTIAL FUTURE LEASE OF SUCH SUBMERGED LANDS, PROVIDED THAT THE AGREEMENT SHALL NOT GRANT ANY PROPERTY RIGHT OR INTEREST TO OWNER, WITH ANY FUTURE SUBMERGED LANDS LEASE AGREEMENT SUBJECT TO SEPARATE CITY COMMISSION APPROVAL PURSUANT TO SECTION 29-B OF THE CITY CHARTER AND CHAPTER 18, ARTICLE XI OF THE CITY CODE OF ORDINANCES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO IMPLEMENT THE AGREEMENT, INCLUDING AMENDMENTS, RENEWALS, OR EXTENSIONS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO ALL APPLICABLE LAWS, INCLUDING THE PROVISIONS OF THE CITY CHARTER AND CITY CODE. Background of Item: 1809 Brickell Property Owner, LLC ("Owner"), is the owner of the real property located at 1809 Brickell Avenue, Miami, Florida ("Property"). The City of Miami ("City") is the owner of certain submerged lands located immediately adjacent to the Property and more particularly described in the attached and incorporated Exhibit "A" ("Submerged Lands").Owner intends to seek a lease or other authorization from the City for the use of the Submerged Lands pursuant to Section 29-B of the City Charter and Chapter 18, Article XI of the City Code in order to develop a marina and related waterfront facilities (collectively, "Marina Facilities") on the Submerged Lands. City administration and Owner are currently negotiating the terms and conditions of a potential lease of the Submerged Lands for the Marina Facilities to be brought to City Commission for approval at a future date, but no such terms have been agreed upon or approved by the City Commission. Owner has requested authorization for the City Manager to execute certain permit applications, owner authorizations, riparian consent forms, sovereignty submerged land applications, and other documents reasonably required by applicable governmental agencies in connection with Owner's pursuit of permits for the Marina Facilities. The City and Owner desire to enter into a hold harmless and indemnification agreement ("Agreement") solely for the purpose of pursuing governmental permits and approvals for the Marina Facilities on the Submerged Lands at Owner's sole cost and risk. The Agreement shall not grant Owner any leasehold, property, development, or other interest in the Submerged Lands, shall require Owner to indemnify, defend, release, and hold harmless the City at no cost to the City, and shall further provide that neither the Agreement nor any permitting activities undertaken pursuant thereto shall create any right to or entitlement for approval of any lease, development agreement, or other authorization relating to the Submerged Lands. Budget Impact Analysis Item is NOT Related to Revenue Item has NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed B Department of Real Estate and Asset Management Review Completed 06/26/2026 8:47 AM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin Department of Procurement Mabel Betancourt City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Erica T. Paschal Natasha Colebrook -Williams Marta Gomez Jacqueline Lorenzo Xavier Alban George K. Wysong III Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Alejandro Martinez-Esteve Department Head Budget Analyst Review Completed Budget Review Completed Procurement Review Skipped Assistant City Manager Completed Approved on behalf of the City Manager Legislative Division Review Completed ACA Review Completed Deputy Attorney Review Completed Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 06/26/2026 10:38 AM 07/01/2026 8:54 PM 07/14/2026 12:17 PM 07/14/2026 1:55 PM Completed 07/17/2026 4:15 PM 07/27/2026 11:35 AM 08/30/2026 11:29 PM 08/31/2026 11:16 AM 09/10/2026 9:00 AM 09/11/2026 1:46 PM 09/11/2026 2:48 PM 09/11/2026 2:48 PM City of Miami Legislation Resolution Enactment Number: R-26-0366 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 19504 Final Action Date:9/10/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A HOLD HARMLESS AND INDEMNITY AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND 1809 BRICKELL PROPERTY OWNER, LLC ("OWNER"), AUTHORIZING OWNER TO SUBMIT PERMIT APPLICATIONS AND RELATED DOCUMENTATION, AT OWNER'S SOLE COST AND RISK, FOR REVIEW OF A PROPOSED MARINA AND RELATED FACILITIES ON CERTAIN CITY -OWNED SUBMERGED LANDS, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A" ("SUBMERGED LANDS"), LOCATED ADJACENT TO 1809 BRICKELL AVENUE, MIAMI, FLORIDA, IN CONNECTION WITH A POTENTIAL FUTURE LEASE OF SUCH SUBMERGED LANDS, PROVIDED THAT THE AGREEMENT SHALL NOT GRANT ANY PROPERTY RIGHT OR INTEREST TO OWNER, WITH ANY FUTURE SUBMERGED LANDS LEASE AGREEMENT SUBJECT TO SEPARATE CITY COMMISSION APPROVAL PURSUANT TO SECTION 29-B OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA ("CITY CHARTER"), AND CHAPTER 18, ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO IMPLEMENT THE AGREEMENT, INCLUDING AMENDMENTS, RENEWALS, OR EXTENSIONS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND SUBJECT TO ALL APPLICABLE LAWS, INCLUDING THE PROVISIONS OF THE CITY CHARTER AND CITY CODE. WHEREAS, 1809 Brickell Property Owner, LLC ("Owner"), is the owner of the real property located at 1809 Brickell Avenue, Miami, Florida ("Property"); and WHEREAS, the City of Miami ("City") is the owner of certain submerged lands located immediately adjacent to the Property and more particularly described in the attached and incorporated Exhibit "A" ("Submerged Lands"); and WHEREAS, Owner intends to seek a lease or other authorization from the City for the use of the Submerged Lands pursuant to Section 29-B of the Charter of the City of Miami, Florida ("City Charter") and Chapter 18, Article XI of the Code of the City of Miami, Florida, as amended ("City Code") in order to develop a marina and related waterfront facilities (collectively, "Marina Facilities") on the Submerged Lands; and WHEREAS, the City Administration and Owner are currently negotiating the terms and conditions of a potential lease of the Submerged Lands for the Marina Facilities to be brought to the City Commission for consideration at a future date, but no such terms have been agreed upon or approved by the City Commission; and WHEREAS, Owner has requested authorization for the City Manager to execute certain permit applications, owner authorizations, riparian consent forms, sovereignty submerged land applications, and other documents reasonably required by applicable governmental agencies in connection with Owner's pursuit of permits for the Marina Facilities; and WHEREAS, the City and Owner desire to enter into a hold harmless and indemnification agreement ("Hold Harmless Agreement") solely for the purpose of pursuing governmental permits and approvals for the Marina Facilities on the Submerged Lands at Owner's sole cost and risk; and WHEREAS, the Agreement shall not grant Owner any leasehold, property, development, or other interest in the Submerged Lands, shall require Owner to indemnify, defend, release, and hold harmless the City at no cost to the City, and shall further provide that neither the Agreement nor any permitting activities undertaken pursuant thereto shall create any right to or entitlement for approval of any lease, development agreement, or other authorization relating to the Submerged Lands; and WHEREAS, any lease, management agreement, or other agreement authorizing Owner to use and/or develop the Submerged Lands, or any portion thereof, shall be subject to the prior approval of the City Commission, at its sole discretion, pursuant to Section 29-B of the City Charter and Chapter 18, Article XI of the City Code; and WHEREAS, the City Commission finds it in the best interest of the City to authorize the City Manager to negotiate and execute the Hold Harmless Agreement, in a form acceptable to the City Attorney, subject to the requirements specified herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute the Hold Harmless Agreement, in a form acceptable to the City Attorney, between the City and Owner, authorizing Owner to submit permit applications and related documentation, at Owner's sole cost and risk, for review of the Marina Facilities on the Submerged Lands, provided the Hold Harmless Agreement shall not grant any property right, interest, leasehold, development right, entitlement, or vested right to Owner, with any future agreement subject to separate City Commission approval pursuant to the City Charter and City Code. Section 3. The City Manager is further authorized' to negotiate and execute any and all documents necessary to implement the Hold Harmless Agreement, including any amendments, renewals, or extensions, in forms acceptable to the City Attorney, and subject to compliance 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. with all applicable laws, including but not limited to those prescribed by applicable City Charter and City Code provisions. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C y -ttor -y 8/31/2026 2 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. A R11 yCERTIFICATE OF LIABILITY INSURANCE 11/22/2028 DATE(MM/DD/YYYY) 09/15/2026 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 Lockton Companies 3280 Peachtree Road NE, Suite 41000 Atlanta GA 30305 (404) 460-3600 CONT NAMEACT PHONE FAX Extl: (A/C, No): E-MAILo. ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : 1 Navigators Specialty Insurance Company INSURED 1809 Brickell Property Owner, LLC 2850 Tigertail Avenue, Suite 800 Miami, FL 33133 INSURER B : - Multiple - See Attached INSURER C : 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 INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD) MlW POLICY EXP (MMIDDIYY) W LIMITS A x COMMERCIAL GENERAL LIABILITY GA24CGLZOHVQ2IC 11/22/2024 11/22/2028 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ Excluded Deductible: $100,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PE� PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY NOT APPLICABLE COMBINED SINGLE LIMIT (Ea accident) $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX $ XXXXXXX B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Multiple - See attached 11/22/2024 11/22/2028 EACH OCCURRENCE $98,000,000 AGGREGATE $98,000,000 X DED RETENTION $ $ XXXXXXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A I NOT APPLICABLE PER STATUTE OTH- ER E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE $ XXXXXXX E.L. DISEASE - POLICY LIMIT $ XXXXXXX DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This certificate evidences Owner Controlled Insurance Program (OCIP) Commercial General Liability and Umbrella/Excess Liability for the 1809 Brickell Property Owner LLC. City of Miami is included as Additional Insured on a primary and non-contributory basis with respect to OCIP General Liability and Umbrella/Excess Liability, as required by the Hold Harmless, Indemnification, and No Vested Rights Agreement between the City of Miami and 1809 Brickell Property Owner LLC. Coverage includes contingent and contractual liability. Umbrella/Excess is follow -form over the OCIP General Liability. Named Insureds include 1809 Brickell Property Owner LLC and enrolled contractors, including Coastal Construction. Automobile Liability and Workers' Compensation are not provided by this OCIP and are evidenced on a separate certificate. CERTIFICATE HOLDER CANCELLATION See Attachment City of Miami, ATTN: Risk Management 444 SW 2nd Avenue, 9th Floor Miami, FL 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 REPRESENT/TJVE / .. ,./ ..;1_727 ,4./: @ 198$-201 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) Excess Liability Tower Summary Layer Carrier Policy Number Effective Dates $3M excess of $2M AXIS Surplus Insurance Company P-001-003971432-01 11/22/2024 - 11/22/2028 Occurrence: $3,000,000 General Aggregate: $3,000,000 Products Completed Ops: $3,000,000 $5M excess of $5M Landmark American Insurance Company LHA603790 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 $5M excess of $10M Hudson Excess Insurance Company HXS 1002456 01 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 $5M excess of $15M Sierra Specialty Insurance Company FXU1500037700 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 $5M excess of $20M Gotham Insurance Company EX202400005660 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 $10M excess of $25M SiriusPoint Specialty Insurance Corporation TSX-001194-24 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 Aspen Specialty Insurance Company CX012V824 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 $15M excess of $35M Endurance American Specialty Ins Co ELD30073294900 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 Upland Specialty Insurance Company USXSL0123824 11/22/2024 - 11/22/2028 Occurrence: $1,250,000 General Aggregate: $1,250,000 Products Completed Ops: $1,250,000 Fortegra Specialty Insurance Company AUR-XS-01-000858-00 11/22/2024 - 11/22/2028 Occurrence: $2,500,000 General Aggregate: $2,500,000 Products Completed Ops: $2,500,000 Vantage Risk Specialty Insurance Company P03XC0000072140 11/22/2024 - 11/22/2028 Occurrence: $6,250,000 General Aggregate: $6,250,000 Products Completed Ops: $6,250,000 $25M excess of $50M Texas Insurance Company JTR24XWRP-03703-01 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 Westfield Specialty Insurance Company XSL-453855W-00 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 Great American Assurance Company EXC 5775543 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 Lloyd's of London XS1186724 11/22/2024 - 11/22/2028 Occurrence: $2,500,000 General Aggregate: $2,500,000 Products Completed Ops: $2,500,000 Aspen Specialty Insurance Company CX012V924 11/22/2024 - 11/22/2028 Occurrence: $2,500,000 General Aggregate: $2,500,000 Products Completed Ops: $2,500,000 Mt. Hawley Insurance Company MXL0441098 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 $25M Excess of $75M Lloyd's of London TBD 11/22/2024 - 11/22/2028 Occurrence: $10,000,000 General Aggregate: $10,000,000 Products Completed Ops: $10,000,000 Crum & Forster Specialty Insurance Co. SEO-133501 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 Colony Insurance Company AR6462340 11/22/2024 - 11/22/2028 Occurrence: $5,000,000 General Aggregate: $5,000,000 Products Completed Ops: $5,000,000 Westfield Specialty Insurance Co. XSL-453872X-00 11/22/2024 - 11/22/2028 Occurrence: $2,500,000 General Aggregate: $2,500,000 Products Completed Ops: $2,500,000 Upland Specialty Insurance Company USXSL0124024 11/22/2024 - 11/22/2028 Occurrence: $2,500,000 General Aggregate: $2,500,000 Products Completed Ops: $2,500,000 Standalone Terrorism Lloyds of London B0713CMTRO2300151/4054 11/22/2024 - 11/22/2028 $100,000,000 Limit * See attached quotes for complete list of terms and conditions. POLICY NUMBER:GA24CGLZOHVQ2IC COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Any State Or Governmental Agency Or Subdivision Or Political Subdivision for whom during the policy period you and such State Or Governmental Agency Or Subdivision Or Political Subdivision have agreed in writing in a contract or agreement that such State Or Governmental Agency Or Subdivision Or Political Subdivision be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 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 a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20120413 © Insurance Services Office, Inc., 2012 Page 1 of 1 COASCON-08 MBEANE r ,d►coRO CERTIFICATE OF LIABILITY INSURANCE ‘..----- DATE(MM/DD/YYYY) 9/15/2026 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 NHG Specialty LLC 15050 NW 79th Court Suite 200 Miami Lakes, FL 33016 CONTACT Rogelio Alvarez Caballero PHONE FAX (A/C, No, Ext): (305) 722-2663 (A/C, No): E-MAIL DRESS: RAlvarez@acrisure.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Liberty Mutual Fire Insurance Company 23035 INSURED Coastal Construction of South Florida, LLC dba Coastal Condominiums 11 5959 Waterford District Drive Ste. 200 Miami, FL 33126 INSURER B : Steadfast Insurance Company 26387 INSURER C : LM Insurance Corporation 33600 INSURER D : Gotham Insurance Company 25569 INSURER E : Homesite Insurance Company of Florida 11156 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 POLIC ES 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 INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X TB2-651-295329-036 6/30/2026 6/30/2027 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (My one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PRQ PER: LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 DED - EACH $ 100,000 A AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUUTOS ONLY X X AS2-651-295329-026 6/30/2026 6/30/2027 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per accidentDAMAGE $ $ B X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE SXS 9487841-15 6/30/2026 6/30/2027 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENT ON $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Mandatory in NH) EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N / A X WC5-651-295329-016 6/30/2026 6/30/2027 X 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 $ D E Excess Liability Excess Liability EX202600005151 CXP-1394275-05 6/30/2026 6/30/2026 6/30/2027 6/30/2027 5M X 5M 5M X 10M 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) This certificate evidences Business Automobile Liability and Workers' Compensation/Employer's L ability maintained by Coastal Construction Company in connection with the Hold Harmless, Indemnification, and No Vested Rights Agreement between the City of Miami and 1809 Brickell Property Owner LLC relating to permitting of marina/waterfront facilities adjacent to 1809 Brickell Avenue, Miami, Florida. City of Miami is included as Additional Insured on a primary and non-contributory basis with respect to Automobile Liability, as required by written contract. Workers' Compensation is statutory for the State of Florida. Commercial General Liability and Umbrella/Excess are provided under a separate OCIP certificate. CERTIFICATE HOLDER CANCELLATION City of Miami, ATTN: Risk Management 9 444 SW 2nd Avenue, 9th Floor Miami, FL 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 MREPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: COASCON-08 MBEANE LOC #: 1 AFRO ADDITIONAL REMARKS SCHEDULE Page 1 of 2 AGENCY NHG Specialty LLC POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIC CODE SEE P 1 NAMED INSURED Coastal Construction of South Florida, LLC dba Coastal Condominiums 11 5959 Waterford District Drive Ste. 200 Miami, FL 33126 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages Property and Inland Marine Starr Indemnity & Liability Company Effective 6/30/2026- 6/30/2027 Lease and Rented $1,000,000 Per Item/$2,000,000 Occurrence Total Limit for Equipment $6,951,389 Policy Number- ITA100065623426 Professional/Pollution Berkley Assurance Company Effective 6/30/2026- 6/30/2027 Policy Number- PCADB-5031675-0626 Professional Each/Agg $10,000,000 Pollution Each/Agg. $10,000,000 Professional SIR - Each $500,000 Pollution SIR — Each $250,000 4th Excess Layer- $5,000,000 Excess of $15,000,000 Upland Specialty Insurance Company Effective date- 6/30/2026-6/30/2027 Policy Number: USXSL0244226 Limit $5,000,000 5th Excess Layer- Total $5,000,000 excess of $20,000,000 Ascot Specialty Insurance Company Effective 6/30/2026- 6/30/2027 Policy Number: ESXS2610001150-05 Limit $5,000,000 6th Layer $10,000,000 Excess of $25,000,000 Mt. Hawley Insurance Company Effective 6/30/2026- 6/30/2027 Policy Number: MXL0443629 Limit $10,000,000 7th Excess Layer- $10,000,000 Excess of $35,000,000 Colony Insurance Company Effective: 6/30/2026- 6/30/2027 Policy Number: AR6461529 Limit $10,000,000 8th Excess Layer- $5,000,000 Excess of $45,000,000 United Specialty Insurance Company Effective: 6/30/2026- 6/30/2027 Policy Number: DGE-XS6018426 Limit $5,000,000 9th Excess Layer- Total $10,000,000 Excess of $50,000,000 Evanston Insurance Company Effective 6/30/2026- 6/30/2027 Policy Number: MKLV2EUE102349 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: COASCON-08 MBEANE LOC #: 1 AFRO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NHG Specialty LLC POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIC CODE SEE P 1 NAMED INSURED Coastal Construction of South Florida, LLC dba Coastal Condominiums 11 5959 Waterford District Drive Ste. 200 Miami, FL 33126 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Limit $10,000,000 10th Excess Layer- Total $5,000,000 part of 15,000,000 Excess of $60,000,000 MSIG Specialty Insurance USA Inc. Effective 6/30/2026- 6/30/2027 Policy Number: XSC0000525 Limit $5,000,000 11th Excess Layer- Total $5,000,000 part of 15,000,000 Excess of $60,000,000 Great American Assurance Company Effective: 6/30/2026- 6/30/2027 Policy Number: EXC 5877639 Limit $5,000,000 12th Excess Layer- Total $5,000,000 part of 15,000,000 Excess of $60,000,000 Hudson Excess Insurance Company Effective: 6/30/2026- 6/30/2027 Policy Number: HXS 1003465 01 Limit $5,000,000 13th Excess Layer $5,000,000 Excess of $75,000,000 Effective: 6/30/2026- 6/30/2027 Gotham Insurance Company Policy Number: EX202600006546 Limit $5,000,000 14th Excess Layer- $5,000,000 Excess of $80,000,000 Steadfast Insurance Company Effective: 6/30/2026- 6/30/2027 Policy Number: AEC 3205495-01 Limit $5,000,000 15th Excess Layer- $5,000,000 Excess of $85,000,000 Ascot Specialty Insurance Company Effective: 6/30/2026- 6/30/2027 Policy Number: ESXS2610005111-02 Limit $5,000,000 16th Excess Layer- $10,000,000 Excess of $90,000,000 Texas Insurance Company / MS Transverse Effective: 6/30/2026- 6/30/2027 Policy Number: JTR26XCAN-04283-02 Limit $10,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MIAMFD 1 COUNTY COUNTY MIAMI-DADE COUNTY CLASS I APPLICATION APPLICANT ATTESTATION The written consent of the property owner is required for all applications to be considered complete. This application WILL NOT BE PROCESSED unless the Applicant Consent portion of the application is completed below, and the Property Owner's Written Consent form is submitted. You have the obligation to apprise the Department of any changes to information provided in this application. I, 1809 Brickell Property Owner, LLC, am the Applicant and am requesting authorization to perform the work associated with the subject Class I permit application. I attest that I am aware of and understand and will comply with the regulations and requirements located within the Miami -Dade County Code of Ordinances ("Code") and, more specifically, Chapters 24 and 8CC of the Code, and I understand that the failure to abide by these Code sections may result in the revocation, denial, cancellation, voiding, or suspension of a Class I permit, or other enforcement action. I further understand that the failure to abide by all permit conditions may result in the revocation, denial, cancellation, voiding, or suspension of a Class I permit, or other enforcement action. This 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 as the Applicant: • I possess the authority to authorize the proposed activities at the subject property, and o I am familiar with the information, data and plans contained in this application, and o 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 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. Under the penalty of perjury, I, 1809 Brickell Property Owner, LLC being first duly sworn, depose and say that I have read the foregoing application and that the facts stated therein, including any boxes checked, are accurate and true. I understand the conditions, rules, and regulations applicable to the approval of my application for this Class I permit and accept these terms and conditions. I am also aware that no changes or refunds can be made once the Class I permit is issued. I further acknowledge that Miami -Dade County has the authority to revoke, deny, cancel, void, or suspend this Class I permit if the application, including any materials submitted in furtherance of it, contains any materially false or fraudulent statements, , and that it shall not be a defense that the inclusion of a factual mistake, falsehood, or misleading information in the application was unintentional, and I acknowledge that continued operation of the uses, or performance of work, after the Class I permit is revoked, canceled, voided, or suspended may subject me to enforcement and any penalties allowed by law or ordinance. Signature Date i i M IAMI•DADE COUNTY MIAMI-DADE COUNTY CLASS I APPLICATION WRITTEN CONSENT OF THE PROPERTY OWNER FOR THE PROPOSED WORK I/We are the fee simple owner(s) of the real property located at 1809 Brickell Avenue, Miami, Florida Miami -Dade County, Florida, otherwise identified in the public records of Miami -Dade County as Folio Nos. 01-4139-001-2405 . I am aware of and familiar with the contents of this submittal for a Miami - Dade County Class I Permit to perform the work on or adjacent to the subject property, as described in 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. I also consent to the above referenced property being accessed to conduct inspections during the Class I application process and as part of the permit closeout. IF THE OWNER(S) IS AN INDIVIDUAL Signature of Owner Signature of Owner Print Owner's Name Date Print Owner's Name Date 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 Type (Corp, LLC, LLP, etc.) State of Registration/Incorporation (Enter the complete name as registered) 3500 Pan American Drive, Miami, Florida 33133 Address of Owner 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). Signature of Authorized Representative Print Authorized Representative's Name Title Date PAGE 1 OF 1 U.S. Army Corps of Engineers (USACE) APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT For use of this form, see 33 CFR 325. The proponent agency is CECW-COR. FormApproved- OMB No. 0710-0003 Expires: 2027-03-31 The public reporting burden for this collection of information, OMB Control Number for reviewing instructions, searching existing data sources, gathering and maintaining information. Send comments regarding the burden estimate or burden reduction at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents 0710-0003, is estimated to average 11 hours per response, including the time the data needed, and completing and reviewing the collection of suggestions to the Department of Defense, Washington Headquarters Services, should be aware that notwithstanding any other provision of law, no person shall does not display a currently valid OMB control number. PLEASE DO NOT be subject to any penalty for failing to comply with a collection of information if it RETURN YOUR APPLICATION TO THE ABOVE EMAIL. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, Section 103, 33 USC 1413; Regulatory Programs will be used in evaluating the application for a permit. local government agencies, and the public and is voluntary, however, if information is not provided reproducible copies which show the location and and be submitted to the District Engineer having System of Record Notice (SORN). The information and may be accessed at the following website: 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form Routine Uses: This information may be shared with the Department of Justice and other federal, state, and may be made available as part of a public notice as required by Federal law. Submission of requested information the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good character of the proposed activity must be attached to this application (see sample drawings and/or instructions) jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. received is entered into our permit tracking database and a SORN has been completed (SORN #AI 145b) http://dpcld.defense.gov/Privacy/SORNsIndex/DOD-wide-SORN-Article-View/Article/570115/a1145b-ce.aspx (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME First Middle Last Company - City of Miami E-mail Address - 8. AUTHORIZED AGENTS NAME AND TITLE (agent is not required) First - Kirk Middle Last LOfgreri Company - Ocean Consulting, LLC E-mail Address - kirk@oceanconsultingfl.com; emily@oceanconsultingfl.com 6. APPLICANTS ADDRESS: Address- 3500 Pan American Drive City - Miami State - FL Zip - 33133 Country - 9. AGENTS ADDRESS: Address- 359 Alcazar Avenue, Suite 200 City - Coral Gables State: Florida Zip - 33134 Country - USA 7. APPLICANTS PHONE NOs. w/AREA CODE a. Residence b. Business c. Fax 10. AGENTS PHONE NOs. w/AREA CODE a. Residence b. Business c. Fax (305) 921-9344 STATEMENT OF 11. I hereby authorize, Ocean Consulting, LLC to act in my behalf as AUTHORIZATION my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) 1809 Brickell Avenue Marina Project 13. NAME OF WATERBODY, IF KNOWN (if applicable) Biscayne Bay 14. PROJECT STREET ADDRESS (if applicable) Address 1809 Brickell Avenue City Miami State FL zip- 33129 15. LOCATION OF PROJECT Latitude: ON 25°75'40.69"N Longitude: oW 80°19'47.89"W 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID 01-4139-001-2405 Municipality Section - 39 Township - 54 Range - 41 ENG FORM 4345, JUN 2024 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE From US-1 N, use the right 2 lanes to take the US-1 N exit toward Brickell Ave/Brickwell Ave. Continue, the project site will be on the right. 18. Nature of Activity (Description of project, include all features) Installation of a new docking facility. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) Safe mooring of vessels. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres or Linear Feet 23. Description of Avoidance, Minimization, and Compensation (see instructions) Turbidity curtain to surround all in water work, as necessary, to control turbidity. ENG FORM 4345, JUN 2024 Page 2of3 24. Is Any Portion of the Work Already Complete? n Yes n No IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list). a. Address- Brickell Place Condo - 1865 Brickell Avenue City - Miami State - FL Zip - 33129 b. Address- Santa Maria Condo- 1643 Brickell Ave City - Miami State - FL Zip - 33129 c. Address - City - State - Zip - d. Address - City - State - Zip - e. Address - City - State - Zip - 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER FL DEP Individual Miami -Dade County Class I Permit City of Miami Building Permit * Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, JUN 2024 Page 3 of 3 Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State -Owned Submerged Lands Florida Department of Environmental Protection/ Water Management Districts Effective December 22, 2020 _.04 EST f'tO � gtih NR GEMS' Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State -Owned Submerged Lands Incorporated by reference in subsection 62-330.060(1), F.A.C. (effective date: December 22, 2020) Section A, Page 1 of 10 Instructions for Use of This Form: This form is designed to assist you in submitting a complete application. All applications must include Section A - General Information for All Activities. Sections B through H list typical information that is needed based on the proposed activities and are only required as applicable. Part 1-C of Section A will guide you to the correct sections needed based on your proposed activities. Applicants are advised to consult Chapter 62-330, F.A.C., and the Environmental Resource Permit Applicant's Handbook Volumes I and II for information regarding the ERP permitting process and requirements while preparing their application. Internet addresses for Chapter 62-330, F.A.C., and the Applicant's Handbook, Agency contact information, and additional instructions for this form can be found in Attachment 1. What Sections of the Application Must I Fill Out? Type of Activity Section A Section B Section C Section D Section E Section F Section G Section H Section I Fill in wetlands or waters for a single family residence? Y Y N N N N N N Y, if in assumed waters Docks, shoreline stabilization, seawalls associated with a single family residence? Y Y N N N Y, as needed N N Y, if in assumed waters Wetland impacts (other than association with an individual residence)? Y N Y N N N N N Y, if in assumed waters Boating facilities, a marina, jetty, reef, or dredging? Y N Y Y N Y, as needed N N Y, if in assumed waters Any work on state owned submerged land? Y N Y N N Y N N Y, if in assumed waters Construction of a stormwater management system? Y N Y, as needed N Y N N N N Constructing a mitigation bank? Y N Y N Y, as needed N Y N Y, if in assumed waters Creating a mine? Y N Y, as needed N N N N Y Y, if in assumed waters If you have any questions or would like assistance completing this form, please contact the staff of the nearest office of either the Florida Department of Environmental Protection (DEP) or a Water Management District (WMD) (see Attachment 2). Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State -Owned Submerged Lands Incorporated by reference in subsection 62-330.060(1), F.A.C. (effective date: December 22, 2020) Section A, Page 2 of 10 Section A: General Information for All Activities Part 1: Name, Application Type, Location, and Description of Activity A. Name of project, including phase if applicable: 1809 Brickell Avenue Marina B. This is for (check all that apply): Construction and operation of new works, activities, and/ or a stormwater management system ❑ Conceptual Approval of proposed works, activities and/ or a stormwater management system ❑ Modification or alteration of existing works, activities, and/or a stormwater management system. Provide the existing DEP or WMD permit #, if known: Note: Minor modifications do not require completion of this form, and may instead be requested by letter in accordance with section 6.2 of Applicant's Handbook Volume I. ❑ Maintenance or repair of works, activities, and/ or a stormwater management system previously permitted by the DEP or WMD. Provide existing permit #, if known: ❑ Abandonment or removal of works, activities, and/ or a stormwater management system. Provide existing DEP or WMD permit #, if known: ❑ Operation of an existing unpermitted work, activity, and/or stormwater management system. ❑ Construction of additional phases of a permitted work, activity, or system. Provide the existing DEP or WMD permit #, if known: ❑ A State 404 Program authorization: ❑ Exemption ❑ General Permit ® Individual Permit If requesting an Exemption or General Permit provide Rule #, if known: By checking this box, I hereby voluntarily waive, in accordance with Rule 62-330.090(8), F.A.C., the agency action deadlines in section 5.5.3 of Volume I in the event my project also requires a State 404 Program authorization (other than an exemption) under Chapter 62-331, F.A.C., and request that the agency actions for the ERP and State 404 Program authorizations be issued at the same time. (This is strongly recommended to ensure consistency, and to reduce the potential need for project modifications to resolve inconsistencies that may occur when the agency actions are issued at different times.) If this box is checked and the Agency(ies) determines that no State 404 Program authorization is required, the Agency will continue to abide by section 5.5.3 of Volume I. Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State -Owned Submerged Lands Incorporated by reference in subsection 62-330.060(1), F.A.C. (effective date: December 22, 2020) Section A, Page 3 of 10 C. List the type of activities proposed. Check all that apply, and provide the supplemental information requested in each of the referenced application sections. Please also reference Applicant's Handbook Volumes I and II for the type of information that may be needed. • Activities associated with one single-family residence, duplex, triplex, or quadruplex that do not qualify for an exemption or a General Permit: Provide the information requested in Section B. Do not complete Section C. • Activities within wetlands or surface waters, or within 25 feet of a wetland or surface water, (not including the activities associated with an individual single-family residence). Examples include dredging, filling, outfall structures, docks, piers, over -water structures, shoreline stabilization, mitigation, reclamation, and restoration/enhancement. Provide the information requested in Section C. • Activities within navigable or flowing surface waters such as a multi -slip dock or marina, dry storage facility, dredging, bridge, breakwaters, reefs, or other offshore structures: In addition to Section C, also provide the information requested in Section D. • Activities that are (or may be) located within, on, or over state-owned submerged lands (See Chapter 18-21, F.A.C. https://www.flrules.org/gateway/ChapterHome.asp?Chapter=18-21): In addition to Section B or C, also provide the information requested in Section F. ❑ Construction or alteration of a stormwater management system serving residential, commercial, transportation, industrial, agricultural, or other land uses, or a solid waste facility (excluding mines that are regulated by DEP). Provide the information requested in Section E. ❑ Creation or modification of a Mitigation Bank (refer to Chapter 62-342, F.A.C. https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62-342): Provide the information requested in Section G. ❑ Mines (as defined in Section 2.0 of Applicant's Handbook Volume I) that are regulated by the DEP: Provide the information requested in Section H. ❑ Other, describe: Please contact the Agency to determine which additional sections of the application are needed. See Attachment 2 for Agency contacts. D. Describe in general terms the proposed project, system, works, or other activities. For permit modifications, please briefly describe the changes requested to the permit: Installation of a 16-slip docking facility. E. Project/Activity Street/Road Address or other location (if applicable): 1809 Brickell Avenue City: Miami County(ies): Miami -Dade Zip: 33129 Note: For utility, road, or ditch/canal activities, provide a starting and ending point using street names and nearest house numbers or provide length of project in miles along named streets or highways. Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State -Owned Submerged Lands Incorporated by reference in subsection 62-330.060(1), F.A.C. (effective date: December 22, 2020) Section A, Page 4 of 10 F. Project location map and Section, Township, and Range information (use additional sheets if needed): Please attach a location map showing the location and boundaries of the proposed activity in relation to major intersections or other landmarks. The map should also contain a north arrow and a graphic scale; show Section(s), Township(s), and Range(s); and must be of sufficient detail to allow a person unfamiliar with the site to find it. Section(s): Township: Range: Land Grant name, if applicable: Section(s): Township: Range: 1. Section(s): 39 Township: 54 Range: 41 G. Latitude (DMS) 25° 45' 14.60" Longitude (DMS) 80° 11' 41.40" (Taken from central location of the activity). Explain source for obtaining latitude and longitude (i.e. U.S.G.S. Quadrangle Map, GPS, online resource): Google Earth H. Tax Parcel Identification Number(s): 01-4139-001-2405 [Number may be obtained from property tax bill or from the county property appraiser's office; if on multiple parcels, provide multiple Tax Parcel Identification Numbers] I. Directions to Site (from major roads; include distances and landmarks as applicable): From US-1 N, use the right 2 lanes to take the US-1 N exit toward Brickell Avenue. Continue, the project site will be on the right. J. Project area or phase area: 0.086 acres K. Name of waterbody(ies) (if known) in which activities will occur or into which the system will discharge: Biscayne Bay The following questions (M-O) are not applicable to activities related to an individual single-family residence, including a dock, pier, and/or seawall associated with that residence. L. Is it part of a larger plan of development or sale? ❑ yes ❑ no M. Impervious or semi -impervious area excluding wetlands and other surface waters (if applicable): acres or square feet N. Volume of water the system is capable of impounding (if applicable): Normal Pool: acre-feet. Depth ft. Maximum Pool: acre-feet. Depth ft. Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State -Owned Submerged Lands Incorporated by reference in subsection 62-330.060(1), F.A.C. (effective date: December 22, 2020) Section A, Page 5 of 10 Part 2: Supplemental Information, and Permit History A. Is this an application to modify an existing Environmental Resource Permit or to construct or implement part of a multi -phase project, such as a project with a Conceptual Approval permit? ❑ Yes ® No (If you answered "yes", please provide permit numbers below): Agency Date Permit/Application No. Project Name B. Indicate if there have been any pre -application meeting(s) with the DEP, WMD, or delegated local government, or other discussions, meetings, or coordination with other stakeholders or agencies about the proposed project, system or activity. If so, please provide the date(s), location(s) of the meeting, and the name(s) of Agency staff that attended the meeting(s): Agency Date Location Meeting Attendees C. Attach a depiction (plan and section views), which clearly shows the works or other activities proposed to be constructed. Use multiple sheets, if necessary, a scale sufficient to show the location and type of works, and include a north arrow and a key to any symbols used. Specific information to be included in the plans is based on the activities proposed and is further described in Sections B-H. However, supplemental information may be required based on the specific circumstances or location of the proposed works or other activies. Please find the permit drawings enclosed in this application submittal. D. Processing Fee: Please submit the application processing fee along with this application form and supplemental information. Processing fees vary based on the size of the activity, the type of permit applied for, and the reviewing Agency. Please reference Appendix D of Applicant's Handbook Volume I to determine the appropriate fee. Please forward the electronic application fee link upon receipt of the application. Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State -Owned Submerged Lands Incorporated by reference in subsection 62-330.060(1), F.A.C. (effective date: December 22, 2020) Section A, Page 6 of 10 Part 3: Applicant and Associated Parties Information Instructions: Please complete the following sections. For corporations, list a person who is a registered agent or officer of the corporation who has the legal authority to bind the corporation. A. Applicant (Entity Must Have Sufficient Real Property Interest) ❑ This is a Contact Person for Additional Information Last Name: Title: Address: 2850 Tigertail avenue, Suite 800 City: Miami Home Telephone: Cell Phone: First Name: Middle Initial: Company: 1809 Brickell Property Owner, LLC State: Florida Zip: 33133 Work Telephone: E-mail Address: dettinger@relatedgroup.com Correspondence will be sent via email, unless you check here to receive it via US Mail: ❑ B. Land Owner(S) (If Different or in Addition to Applicant) ❑ Check here if land owner is also a co -applicant Last Name: Title: Address: 3500 Pan American Drive City: Miami Home Telephone: Cell Phone: First Name: Middle Initial: Company: City of Miami State: FL Work Telephone: E-mail Address: Zip: 33133 Correspondence will be sent via email, unless you check here to receive it via US Mail: ❑ C. Operation and Maintenance Entity(see Applicant's Handbook I, Section 12.3) Last Name: First Name: Middle Initial: Title: Company: Address: City: State: Zip: Home Telephone: Work Telephone: Cell Phone: E-mail Address: Correspondence will be sent via email, unless you check here to receive it via US Mail: ❑ D. Co -Applicant (If Different or In Addition to Applicant and Owner) Last Name: First Name: Middle Initial: Title: Company: City of Miami Address: 3500 Pan American Drive City: Miami State: Florida Zip: 33133 Home Telephone: Work Telephone: Cell Phone: E-mail Address: Correspondence will be sent via email, unless you check here to receive it via US Mail: ❑ Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State -Owned Submerged Lands Incorporated by reference in subsection 62-330.060(1), F.A.C. (effective date: December 22, 2020) Section A, Page 7 of 10 E. Registered Professional Consultant ❑This is a contact person for additional information Last Name: First Name: Middle Initial: Title: Company: Address: City: State: Zip: Home Telephone: Work Telephone: Cell Phone: E-mail Address: Correspondence will be sent via email, unless you check here to receive it via US Mail: F. Environmental Consultant ❑This is a contact person for additional information Last Name: Lofgren First Name: Kirk Title: Company: Ocean Consulting, LLC Address: 359 Alcazar Avenue, Suite 200 City: Coral Gables State: Florida Home Telephone: Work Telephone: Cell Phone: E-mail Address: kirk@oceanconsultingfl.com; emily@oceanconsultingfl.com Middle Initial: Zip: 33134 Correspondence will be sent via email, unless you check here to receive it via US Mail: ❑ G. Agent Authorized to Secure Permit (If Different from Consultant) Last Name: First Name: Middle Initial: Title: Company: Address: City: State: Zip: Home Telephone: Work Telephone: Cell Phone: E-mail Address: Correspondence will be sent via email, unless you check here to receive it via US Mail: ❑ If necessary, please add additional pages for other contacts and property owners related to this project. H. Real Property Interest a. Permits are only issued to entities having sufficient real property interest as described in Section 4.2.3(d) of Applicant's Handbook Volume I. Please attach evidence of the applicant's real property interest over the land upon which the activities subject to the application will be conducted, including mitigation areas (if applicable). Refer to Sections 4.2.3(d)-(e) for sufficient real property interest documentation. b. For activities that require a recorded notice in accordance with rule 62-330.090(7), F.A.C., please provide either the complete legal description of the property or a copy of the pages of the document recorded in the public records that contains the complete legal description. If the land upon which the proposed activities are to occur is not owned by the applicant, the applicant must also provide copies of any right- of-way, leases, easements, or other legal agreement which authorizes the applicant to perform the activities on those lands. Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State -Owned Submerged Lands Incorporated by reference in subsection 62-330.060(1), F.A.C. (effective date: December 22, 2020) Section A, Page 8 of 10 Part 4: Signatures and Authorization to Access Property Instructions: For multiple applicants please provide a separate Part 4 for each applicant. For corporations, the application must be signed by a person authorized to bind the corporation. A person who has sufficient real property interest (see Section 4.2.3(d) of Applicant's Handbook Volume I) is required in (B) to authorize access to the property, except when the applicant has the power of eminent domain. A. By signing this application form, I am applying for the permit and any proprietary authorizations identified above, according to the supporting data and other incidental information filed with this application. I am familiar with the information contained in this application and represent that such information is true, complete and accurate. I understand this is an application and not a permit, and that work prior to approval is a violation. I understand that this application and any permit issued or proprietary authorization issued pursuant thereto does not relieve me of any obligation for obtaining any other required federal, state, water management district, or local permit prior to commencement of construction. I agree to operate and maintain the permitted system unless the permitting agency authorizes transfer of the permit to a different responsible operation and maintenance entity. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. Typed/Printed Name of Applicant or Signature of Applicant or Applicant's Date Applicant's Authorized Agent Authorized Agent City of Miami — City Manager (Corporate Title if applicable) B. Certification of Sufficient Real Property Interest And Authorization For Staff To Access The Property: I certify that: ❑ I possess sufficient real property interest in or control, as defined in Section 4.2.3 (d) of Applicant's Handbook Volume I, over the land upon which the activities described in this application are proposed and I have legal authority to grant permission to access those lands. I hereby grant permission, evidenced by my signature below, for staff of the Agency to access, inspect, and sample the lands and waters of the property as necessary for the review of the proposed works and other activities specified in this application, upon advance notice. I authorize these agents or personnel to enter the property as many times as may be necessary to make such review, inspection, and/ or sampling. Further, if a permit is granted, upon advance notice, I agree to provide entry to the project site for such agents or personnel with proper identification to determine compliance with permit conditions and permitted plans and specifications. OR ❑ I represent an entity having the power of eminent domain and condemnation authority, and I/we shall make appropriate arrangements to enable staff of the Agency to legally access, inspect, and sample the property as described above. Typed/Printed Name City of Miami — City Manager (Corporate Title if applicable) Signature Date Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State -Owned Submerged Lands Incorporated by reference in subsection 62-330.060(1), F.A.C. (effective date: December 22, 2020) Section A, Page 9 of 10 C. Designation of Authorized Agent (If Applicable): I hereby designate and authorize Ocean Consulting, LLC to act on my behalf, or on behalf of my corporation, as the agent in the processing of this application for the permit and/or proprietary authorization indicated above and to furnish, on request, supplemental information in support of the application. In addition, I authorize the above - listed agent to bind me, or my corporation, to perform any requirements which may be necessary to procure the permit or authorization indicated above. I understand that knowingly making any false statement or representation in this application is a violation of Section 373.430, F.S.s and 18 U.S.C. Section 1001. Typed/Printed Name of Applicant City of Miami — City Manager (Corporate Title if applicable) Signature of Applicant Date Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State -Owned Submerged Lands Incorporated by reference in subsection 62-330.060(1), F.A.C. (effective date: December 22, 2020) Section A, Page 10 of 10 Olivera, Rosemary From: Alfonsin, Gabriela Sent: Wednesday, September 30, 2026 10:22 AM To: Hannon, Todd; Olivera, Rosemary; Ewan, Nicole Subject: Hold Harmless Agreement 1809 Brickell Avenue Attachments: 1809 Brickell HH.pdf Good morning, Attached please find a fully executed agreement copy from Docusign that is to be considered an original for 1809 Brickell Avenue. Thank you, Gabriela Alfonsin, MPA Lease Manager Department of Real Estate and Asset Management (DREAM) 14 NE 1st Avenue, 2' Floor, Miami, FL 33132 Tel: 305-416-1461 1