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HomeMy WebLinkAboutExhibitThis Instrument Prepared By: M. Sue Jones Action No. 32653 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE MODIFICATION TO RE -CONFIGURE AND REDUCE SQUARE FOOTAGE AND NUMBER OF WET SLIPS BOT FILE NO. 130034016 PA NO. 13 -0315232 -006 -EM THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 22, Township 54 South Range 41 East, in Biscayne Bay, Miami -Dade County, containing 21,334 square feet, more or less, as is more particularly described and shown as Parcel C2 on Attachment A, dated March 9, 2017. TO HAVE THE USE OF the hereinabove described premises from March 28, 2017, the effective date of this modified lease, through July 1, 2024, the expiration date of this modified lease . The terms and conditions on and for which this modified lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate an 31 -slip commercial docking facility to be used exclusively for mooring of commercial and recreational vessels in conjunction with an upland commercial marina and restaurant, with fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and with liveaboards as defined in paragraph 28 as shown and conditioned in Attachment A and the State of Florida Department of Environmental Protection Consolidated Environmental Resource Permit No. 13 -0315232 -006 -EM, dated March 22, 2017, incorporated herein and made a part of this lease by reference. The construction of the proposed structures depicted on Pages 15 and 16 of this modified lease shall be completed no later than March 21, 2021. The failure to complete construction of such authorized structures within this time period shall constitute a material breach of the lease pursuant to Paragraph 12 herein. All of the foregoing subject to the remaining conditions of this modified lease. 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an annual lease fee of $2,602.12 plus sales tax pursuant to Section 212.031, Florida Statutes, if applicable, within thirty (30) days of the date of receipt of the invoice. The annual fee for the remaining years of this lease shall be adjusted pursuant to provisions of Rule 18-21.011, Florida Administrative Code. The State of Florida Department of Environmental Protection, Division of State Lands (the "Division") will notify the Lessee in writing of the amount and the due date of each subsequent annual lease payment during the remaining term of this lease. All lease fees due hereunder shall be remitted to the Division as agent for the Lessor. [01-02] 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: (A) The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2) above, including the income, as defined in subsection 18-21.003(31), Florida Administrative Code, derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6%) of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011, Florida Administrative Code, for any lease year during the term of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party shall include a provision that clearly notifies the wet slip renter/user/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the Lessor. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip renter/user/holder that no interest in said wet slip may be further transferred unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip renter/user/holder. (C) The Lessee shall submit to the Lessor each instrument or agreement used by the Lessee to transfer or assign the right to use a wet slip at the docking facility to a third party annually at the same time the Lessee submits the required Annual Wet Slip Revenue Report to the Lessor. 4. LATE FEE ASSESSMENTS: The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve percent (12%) per annum, calculated on a daily basis for every day the payment is late. 5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease renewal, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease renewal including any extensions thereto plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the entire term of this lease renewal plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the permit referenced in paragraph 1 of this lease.. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi -family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. 8. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. Page 2 of 20 Pages Sovereignty Submerged Lands Lease No. 130034016 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease renewal, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B_ and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. 10. ASSIGNMENT OF LEASE RENEWAL: This lease renewal shall not be assigned or otherwise transferred by either party without prior written consent of either party's duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of this modified lease, current management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the respective party shall be null and void and without legal effect. The Lessor hereby consents to a sublease of the leased premises by and between the Lessee, as sublessor, and Aligned Bayshore Manna, LLC or their respective leasehold mortgagees, as sublessee. The Lessee agrees that it will not grant a sublease to any party other than Aligned Bayshore Marina, LLC or their leasehold mortgagee without the prior written consent of the Lessor and the Lessor agrees that it will not unreasonably withhold consent. The Lessee hereby acknowledges that the sublease is and shall be at all times subordinate to this lease. The Lessee shall ensure that the sublessee uses the leased premises only for the express purposes stated in paragraph 1 of this lease, and performs and observes the covenants, conditions, and terms of this lease on the part of the Lessee to be performed and observed. 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature arising out of this lease at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended, from time to time, or any other law providing limitations on claims. 12. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Miami, Florida Copy to: City of Miami Department of Real Estate and Asset Management City Attorney 444 SW 2nd Avenue, Yd Floor 444 SW 2nd Avenue, 9' Floor Miami, Florida 33130 Miami, Florida 33130 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 13. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease renewal. 14. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. Page 3 of 20 Pages Sovereignty Submerged Lands Lease No. 130034016 15. MAINTENANCE OF FACILITY /RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 16. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, disability, or marital status with respect to any activity occurring within the area subject to this lease renewal or upon lands adjacent to and used as an adjunct of the leased area. 17. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 18. PERMISSION GRANTED: Upon expiration or cancellation of this lease renewal all permission granted hereunder shall cease and terminate. 19. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease renewal shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 20. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease renewal, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 12 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 21. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 20 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 22. RECORDATION OF LEASE: Lessee at its option and expense may record this fully executed modified lease in the public records of Miami -Dade County, Florida. 23. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease renewal agreement and shall be grounds for immediate termination of this lease renewal agreement at the option of the Lessor. Page 4 of 20 Pages Sovereignty Submerged Lands Lease No. 130034016 24. AMENDMENTS/MODIFICATIONS: This lease renewal is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease renewal must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the docking facility. 25. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIESA11NOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18- 14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. 26. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 27. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 28. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total often (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 29. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 30. SPECIAL LEASE CONDITION: A minimum of ninety percent (90%) of the wet slips at the docking facility shall be made available for rent to the general public on a "first come, first served" basis, as defined in subsection 18-21.003(27), Florida Administrative Code, with no longer than one-year rental terms and with no automatic renewal rights or conditions. To help ensure compliance with and to assist in providing public awareness of this requirement, the Lessee shall erect permanent signs at the waterward entrance to the docking facility and at the upland entrance to the docking facility which are clearly visible to passing boaters and the general public. The signs shall contain language clearly indicating that a minimum of ninety percent (90%) of the wet slips at the docking facility are available for rent to the general public. Any dockage rate sheet publications and dockage advertising for the docking facility shall clearly state that a minimum of ninety percent (90%) of the wet slips at the docking facility are open to the general public on a "first come, first served" basis. Page 5 of 20 Pages Sovereignty Submerged Lands Lease No. 130034016 WITNESSES: Original Signature Print/Type Name of Witness Original Signature Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" The foregoing instrument was acknowledged before me this day of , 20, by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: µ 5/1/2017 DEP Attorney Date Page 6 of 20 Pages Sovereignty Submerged Lands Lease No. 130034016 Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No ATTEST: Todd B. Hannon City Clerk APPROVED AS TO INSURANCE REQUIREMENTS Ann -Marie Sharpe Director of Risk Management APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez City Attorney STATE OF COUNTY OF City of Miami, a municipal corporation of the State of Florida (SEAL) BY: Original Signature of Executing Authority Daniel J. Alfonso Typed/Printed Name of Executing Authority City Manager Title of Executing Authority "LESSEE" The foregoing instrument was acknowledged before me this day of 120 , by Daniel J. Alfonso as City Manager, for and on behalf of City of Miami, a municipal corporation of the State of Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Commission/Serial No. Page 7 of 20 Pages Sovereignty Submerged Lands Lease No. 130034016 Signature of Notary Public Notary Public, State of Printed, Typed or Stamped Name 2550 SOUTH BAYSHORE DRIVE, MIAMI, FL 33133 SUBMERGED LAND LEASE SURVEY A PARCEL OF SOVEREIGN SUBMERGED LAND IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY, FLORIDA LOCATION MAP 0.5 0 `•.111 f S USGS QUADRANGLE NO. 1402 KEY BISCAYNE SHEET INDEX MIAMI-DADE COUNTY, FLORIDA 7.5 -MINUTE SERIES (TOPOGRAPHIC) 1 LOCATION MAP 2 LEGAL DESCRIPTION 3 SKETCH OF DESCRIPTION 4 SURVEYOR NOTES 5-7 EXISTING CONDITIONS Attachment Page 8 Of 20 Pages 8-9 PROPOSED MOORING PLAN SSLL NO. 130034016 SHEET 1 OF 9 2550 SOUTH BAYSHORE DRIVE, MIAMI, FL 33133 SUBMERGED LAND LEASE SURVEY A PARCEL OF SOVEREIGN SUBMERGED LAND IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY, FLORIDA LEGAL DESCRIPTION PARCEL C2 A parcel of submerged land in Biscayne Bay being in Section 22, Township 54 South, Range 41 East, MIAMI-DADE County, Florida, lying Southeasterly of Lot 24, Black 43, of "SAMUEL RHODES PLAT OF NEW BISCAYNE", as recorded in Plat Book "B", Page 15, of the Public Records of MIAMI-DADE County, Florida, being more particularly described as follows: Begin at the Southwesterly corner of said Lot 24, said corner being the mean high water line of Biscayne Bay; thence S 40°23'32" E along the Southeasterly extension of the Southwesterly line of said Lot 24, for 538.57 feet to a point in the MIAMI-DADE County Bulkhead Line established for this area as shown on map in Plat Book 74, Page 3 (Sheet 5), of the Public Records of MIAM I-DADE County, Florida; thence S 21 °41'51" W along said bulkhead tine, 67.75 feet to a point on the Southeasterly tine extension of the Southwesterly Right -of -Way line of Aviation Avenue; thence N 4023'32" W, along said Southeasterly extension line of said Southwesterly Right -of -Way line; 88.89 feet; thence N 49'34'04" E, 26.21 feet; thence N 40x23'32" W, 460.23 feet; thence S 57028'54" W, 26.59 feet to a point on the aforementioned Southeasterly extension of the Southwesterly Right -of -Way line of Aviation Avenue; thence N 4023'32" W on the aforementioned extension of the aforesaid Right -of -Way line, 25.80 feet to the face of an existing concrete bulkhead; thence N 57'28"54" E along the face of an existing concrete bulkhead also being the mean high water line for a distance of 60,57 feet to the Point of Beginning. Containing 21,334 Square Feet; 0.49± Acres. BSM APPROVED By, rr_ Date:3/10/2017 THIS SURVEY IS 'C)` BOARD OF TRUSTEES OFAM!)TJ ..TF_RNAL IMI O. ' EMENT TRUST FUND OF THE STATE OF FLORIDA ice• .. r _ ,4L 'S- S V E r MOJARFNA & ASSOCIATES, INC. Attachment A 11 ' unless. ears the sg nature and y ; the anginal raleg3 seal of a F; r4 f Land Surveyors & Mappers certificate of Authorization No. 6698 Page 9 of 20 Pages Florida licensed su nd •mapper, thi&rs c n Legal 90[79 S.w. 120th Street wIvtiami, SSLL NO. 130034016 �� i�esc iP�ai31 not Valid. '� r' _kf'i��E_ FL 339T6 (305j 278-2494 t .ati NELSi3NOJNA DATE: SCALE_ DWN. BY JOB NO. SHEET 2OF9 `� � �, �C�� �- Registered Surveyor & Mapper No. 5564 03-09-97 AS SHOWN N.M. 03-0046 2550 SOUTH BAYSHORE DRIVE, MIAMI, FL 33133 SUBMERGED LAND LEASE SURVEY A PARCEL OF SOVEREIGN SUBMERGED LAND IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY, FLORIDA SKETCH OF DESCRIPTION SOUTH BAYSHORE DRIVE BISCAYNE BAY 200 0 50 100 200 Attachment A Page 10 of 20 Pages SCALE IN FEET SSLL NO. 130034016 3: N57° 28' 54"E M o 60.57' i') 00 N LO �s o N O '26.59' S570 28'54,,W N - M C� N M c:)N O O It z N49° 34'04"E 26.21' THIS SURVEY IS CERTIFIED TO: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SHEET 3 OF 9 W N ti M 00 N M a O 100 0 25 50 100 SCALE IN FEET 2550 SOUTH BAYSHORE DRIVE, MIAMI, FL 33133 SUBMERGED LAND LEASE SURVEY A PARCEL OF SOVEREIGN SUBMERGED LAND IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY, FLORIDA SURVEYOR NOTES SURVEY NOTES: 1. THE BEARINGS SHOWN HEREON REFER TO MONUMENT LINE OF SOUTH BAYSHORE DRIVE BEING S 51'56'48 W. 2. THE UPLAND PARCEL SHOWN HEREON WAS NOT ABSTRACTED FOR OWNERSHIP, RIGHTS—OF—WAY OF OTHER MATTERS OF RECORD BY MOJARENA & ASSOCIATES, INC., A LAND SURVEYING COMPANY. 3. THE ELEVATIONS SHOWN HEREON ARE RELATIVE TO THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD29), ESTABLISHED FROM MIAMI—DADE COUNTY SURVEY SECTION BENCHMARK HARBOR SURVEY US DEPARTMENT OF ENGINEERS BRASS DISC IN A ON CONCRETE DECK OF BOAT RACK 150 FEET SOUTHEAST OF THE SOUTHEAST CORNER OF THE US COAST GUARD BUILDING. ELEVATION = 5.15' NGVD29 (3.60' NAVD88) 4. UPLAND SIDE OF SUBMERGED LAND LEASE LINE FALL ON THE WET FACE OF THE SEAWALL. 5. MEAN HIGH WATER ELEVATION = 0.18' NGVD29 (-1.37' NAVD88) PER LAND BOUNDARY INFORMATION SYSTEM (LABINS) TIDE INTERPOLATION POINT # 178. 6. MEAN LOW WATER ELEVATION = -1.75' NGVD29 (-3.30' NAVD88) PER LAND BOUNDARY INFORMATION SYSTEM (LABINS) TIDE INTERPOLATION POINT # 178. 7. LINEAR FOOTAGE OF UPLAND PARCEL'S SEAWALL BORDERING ON SOVEREIGNTY OR STATE—OWNED SUBMERGED LANDS =60.57'. 8. TOTAL SUBMERGED LAND LEASE AREA = 21,334 S.F. (0.49± AC) LEGEND AC .................... ACRES CB .................... CATCH BASIN (� .................... CENTER, LINE FH ..................... FIRE HYDRANT FND .................. FOUND ICV .................... IRRIGATION CONTROL VALVE LP ...................... LIGHT POLE I ........................ MONUMENT LINE NAVD 88 ........... NORTH AMERICAN VERTICAL DATUM OF 1988 NGVD29 ........... NATIONAL GEODETIC VERTICAL DATUM OF 1929 N/D .................... NAIL & DISC PB ...................... PLAT BOOK PG ...................... PAGE PL ....................... PLANTER POB .................... POINT OF BEGINNING POC .................... POINT OF COMMENCEMENT SMH .................... SANITARY MANHOLE W.V..................... WATER VALVE o1. .................... SURFACE ELEVATION Attachment A Page 11 of 20 Pages SSLL NO. 130034016 SHEET 4 OF 9 2550 SOUTH BAYSHORE DRIVE, MIAMI, FL 33133 SUBMERGED LAND LEASE SURVEY A PARCEL OF SOVEREIGN SUBMERGED LAND IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY, FLORIDA EXISTING CONDITIONS \ r_— 37.00' o..':o ,o::. :0 221.15' I o�4DIN::: LOT 20 Attachment A 40 0 10 25 40 Page 12 of 20 Pages SSLL NO. 130034016 SCALE IN FEET SHEET 5 OF 9 2550 SOUTH BAYSHORE DRIVE, MIAMI, FL 33133 SUBMERGED LAND LEASE SURVEY A PARCEL OF SOVEREIGN SUBMERGED LAND IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY, FLORIDA EXISTING CONDITIONS Cq 695 ......�. '= ...'..�.I . .'.�`4I .' Q`;Ii�lDI-:• ' . 4 ! I !I ! I II I I I -I II II II I I• I• I I I I IIIIi' II IIIi'I I II II I- S ICION�I C�. BULKI HIEI I AI D I 36,85- 7 -* 6.85' 3z. 10" I iI aI II ° 74.3± CBS Building L. P 1-1-1001. 111111 1 16.35 17.30' 16.6q<� 20.70' ii mmir5HlItIy�Ht HI. - 1H HIHI HI - Fnd. Nail (No I. D.) AN HIGH \TER LINE POtC) O P.O.B. - PARCEL C2 Q Cb ` z o SOUTHWESTERLY CORNER, LOT 24, 0 BLOCK 43, "SAMUEL RHODES PLAT Q OF NEW BISCAYNE" P.B. B, PG. 16. o O LL L.P. Lu - RIPARIAN LI Lu C2 RIGHT-OF-WAY E vwj P (�G Ln °' Area = 0. 9+ Ares Q 15.30'1 16.55' p 15.15'1 APPROXIMATE SHORE LINE (HIGH TIDE) 0 0 - o a � c c MOJARENA & ASSOCIATES, INC. 40 0 10 25 40 Land Surveyors & Mappers Attachment A Certificate of Authorization No. 6698 Pae 13 of 20 Pa 9001 S.W. 120th Street Page Pages _ s Miami, FL 33176 (305) 278-2494 SSLL NO. SCALE IN FEET DATE: SCALE: DWN. BY I JOB NO. 130034016 KEYMAP SHEET 6 OF 9 03-09-17 AS SHOWN N.M. 03-0046 r\/V\/ ♦/VVI ■ ■ ■ r// IL ■ V■ ■V■_r V■\■ w r' 0w00/ \0 w00' ■ r %. vi ■vi%w SUBMERGED LAND LEASE SURVEY A PARCEL OF SOVEREIGN SUBMERGED LAND IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY, FLORIDA EXISTING CONDITIONS io 11.95'17.05' G 1' o 10.90' 11.40' .j� 34.05' (b e� NV AG 4� .�'a 33.35' V AXE zw 0 z U O U F P. ORIGINAL LOT LINE PROLONGATION OF SOUTHWESTERLY LINE OF THE NORTHEASTERLY 1/2 OF OF LOT 23 18.00' 17.95' 17 17.70' 16.20' 16.40' — 16.20' SOUTHEASTERLY PROLONGATIC �OF THE NORTHEASTERLY 1/2 OF BASELINE o L. P.1 —PROLONGATION OF SOUTHWESTERLY LINE OF LOT 24 1 AVIATION AVENUE RIGHT-OF-WAY EXTENDED RIPARIAN LINE STEELoI.'. 15.10' 14.45' 14.90' �'L. P 23.30' 23.05' Ia MIAMI-DADE COUNTY _ BULKHEAD LINE (U.S. HARBOR LINE P.B. 74, PG. 3, SHEET 5) MOJARENA & ASSOCIATES, INC. Land Surveyors & Mappers Attachment A 40 0 10 25 40 Certificate of Authorization No. 6698 Page 14 of 20 Pages w� E 9001 S.W. 120th Street SSLL NO. 130034016 _ —_ s Miami, FL 33176 (305) 278-2494 SCALE IN FEET OKEYMAP DATE: SCALE: DWN. BY JOB NO. SHEET 7 OF 9 03-09-17 AS SHOWN N. M. 03-0046 2550 SOUTH BAYSHORE DRIVE, MIAMI, FL 33133 SUBMERGED LAND LEASE SURVEY A PARCEL OF SOVEREIGN SUBMERGED LAND IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY, FLORIDA PROPOSED MOORING PLAN PL. "Hilujuluwuiull ■ ��• •� 1 � II I 1• 1 • ji'll 1111111i Ll Ll u u LI LI Ll Ll L0 'z 00 F w RCEL 6cp ui w PARCEL 4 1ui _ LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL ARCS, 4 5 6 7 P RCEL C29 10 1 3 8 2 P I1 00� Attachment A 40 0 10 25 40 Page 15 of 20 Pages SSLL NO. 130034016 SCALE IN FEET SHEET 8 OF 9 61 60 y 11 12.13 14e1 1 16 POSED MOORING PILES (TYP.) U) w w U) r\/V\/ ♦/VVI ■ ■ ■ r// IL ■ V■ ■V■_r V■\■ w r' 0w00/ \0 w00' ■ r %. vi ■vi%w SUBMERGED LAND LEASE SURVEY A PARCEL OF SOVEREIGN SUBMERGED LAND IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST MIAMI-DADE COUNTY, FLORIDA PROPOSEP MOORING PLAN 78:4 118 72 73 74 75 76 7714 ` 81 82 PROPOSED BOAT LIFTS TYP. 0-\\_j 018019020021 a 22o23,24.25a26.27a2 ACIELC 32 29 30 31 -� PROPOSED MOORING PILES (TYP.) MOJARENA & ASSOCIATES, INC. 40 0 10 25 40 Land Surveyors & Mappers Attachment A Certificate of Authorization No. 6698 Page 16 of 20 Pages s 9001 S.W. 120th Street SSLL NO. 130034016 - — Miami, FL 33176 (305) 278-2494 SCALE IN FEET OKEYMAP DATE: SCALE: DWN. BY JOB NO. SHEET 9 OF 9 12-13-16 AS SHOWN N.M. 03-0046 Attachment B Page 17 of 20 Pages SSLL NO. 130034016 IN THE CIRCUIT COURT OF THE ELEV-SN'TH JUDICIAL CIRCUIT, IN AND FOR DADE a'7 THIS CAUSE came before the court upon"the Petition filed COUNTY, FLORIDA CZVkL ACTION in this cause, the Answers of the: Defendants, and the Settlement s; Stipulation between the parties filed in this cause; and the WNE'RAL JURISDICTION DIVISION court being fully advised in the premises, It it CASE No. 77--15942 CITY OF MIAMI, FLORIDA, a as sought in this cause is for public use and purposes and they property sought to be taken is reasonably necessary for such S Florida municipal public use and purposes, and it ).a further r� CONSIDERED ORDERED and ADJUDCV) that the parties have duly and regularly entered into a Satrlemont Stir laticn waiving the right of trial by jury on tho issues of valuation and agreeing ACorporation, Plaintiff, RECORDED Y finds is reasonable and proper and within the contention of the parties; and it is further xc vs - MAY 25 I9TJ for the taking of Parcel 1 shall be and is the sum of ONE MILLION TWO HUNDRED THIRTY-THREE THOUSAND FIVE HUNDRED and 0. B. MILEY, TRUSTEE for -t no/100tha (51,233,500.00) DOLLARS as and for the fair market t O. B. MILEY, II, under RtCHAR0 A, BRItVKERcu SIXTY THOUSAND and no/100th3 ($60,000.00) DOLLARS as and for Testamentary Trust catablishcd ,r -'� in the Last will and Testament of MARY R. MILEY, Deceased., Defendant. CONSENT FINAL JUDGMNT a'7 THIS CAUSE came before the court upon"the Petition filed in this cause, the Answers of the: Defendants, and the Settlement Stipulation between the parties filed in this cause; and the i+ court being fully advised in the premises, It it CONSIDERED ORDERED and Arl.PJUGED that the taking of Parcel 1, =a as sought in this cause is for public use and purposes and they property sought to be taken is reasonably necessary for such S public use and purposes, and it ).a further r� CONSIDERED ORDERED and ADJUDCV) that the parties have duly and regularly entered into a Satrlemont Stir laticn waiving the right of trial by jury on tho issues of valuation and agreeing to the manner and amounts of fulA compensation which the court Y finds is reasonable and proper and within the contention of the parties; and it is further xc CONSIDERED ORDERED and ADJURED that full compensation for the taking of Parcel 1 shall be and is the sum of ONE MILLION TWO HUNDRED THIRTY-THREE THOUSAND FIVE HUNDRED and no/100tha (51,233,500.00) DOLLARS as and for the fair market t value of the fee ownership of said real estate; and the sum of SIXTY THOUSAND and no/100th3 ($60,000.00) DOLLARS as and for �E� 9fi92 is a the services of a0HW C. MARTIN, Esq. and payment of said i •rte a _ surra shall be made in the following manner to the following peraons: r Payment to 0. B. MILEY, Trustee, within tem (10) days of the date of judgment, the sum of 6100,000.005. Payment to JOHN C. MARTIN, attorney within ten (10) days of the date "S of judgment, the sum of 30,000.00 Payment to 0. B. MILEY, Trusted on or before one (1) year after +ri. date of judgmant, the Sum of 160,000.00 Paymont to JOHN C. MARTIN, attorney on or before one (1) year after date of judgment, the aum of 30,000.00 Paymont to O. R. MILEY, Trustee on or before two (2) years after date of judgment. the sum of 152,000.00 Payment to O. B. MILEY, Truatee on or before threw (3) years after dato of judgment, the sum of 145,000.00 Payment to 0. 8. MILEY, Trustee I on or baforo four (4) year* after date of judgment, the sum of 139,000.00 Payment to 0. B. MILEY, Trustee on or before five (5) years after data of judgment, the awe of 1311000.00 Payment to O. B. MILBX, Trustee on or before six (6) years after date of judgment, the sum of 125,000.00 Paymont to O. B. MILEY, Trustee on or before seven (7) years after date of judgment, the sur. of 117,000.00 Payment to 0. B. MILEY, Trustee on or before eight (8) years after date of judgment, the sum of 112,500.00 i Payment of 0. B. MILEY, Trustee on or before nine (9) years after date of judgment, the sum of 52,000.00 r and it is further CONSIDERED ORDERED and ADJUDGED that payment of full compensation for the ownership interest of the Defendant, BAYSHORE PROPERTIES, INC. shall be the granting of that certain I Attachment B Page 18 of 20 Pages SSLL NO. 130034016 thirty (30) year lease agreement from tie CITY OF MIMI, Plaintiff, to DAYSHORS PROPE.WIPS, INC., Defendant, entered c into by said parties and heretofore filed in this esus° as Exhibit "A" of the Settlement Stipulation; and it is further CONSIDERED ORDERED and ADJUDGED that the Settlement =? Stipulation entered into between the parties and filed in this < cause is ratified and confirmed and adopted as the ordor of this court. Jurisdiction is hereby reserved for the onforc-nment of y this Final Judgment and said Stipulation oP Settlement providing i that this Judgmont shall constitute a lien on the property acquired until fully paid and any levy of execution of this Judgment shall first apply to the property herein acquired and any unsatisfied balance shall then be enforceable in the same manner as any judgment in eminent domain proceedings under the laws of Florida; and it is further CONSIDERED ORDERED and ADJUDGED that fee simple title in and to Parcel 1, legally described as follows: Lot 24 and the SW'LY 25 feet of Lot 23, Block 43, RHODES PLAT OF NEW BISCAYNE, according to the plat thereof, recorded in Plat Book "B" at Pnge 16, of the Public Records of Dade County, Florida, less, however, a strip of land 4 feet in width ofr the NWI LY side thereof herotofore dedicated to the Cs.t�y of Miami, au described in Clerk's File 67R-11237. A Parcel of submerged land in Biscayne Bay Sec. 22-54-41 described as Lying SE'LY of and abutting Lot 24 and SW'LY 1/2 of Lot 23 (less N'ly 4') of Block 43 of SAMUEL RHODES AMENDED MAP OF N£4; BZSCAYNE. PS 0/16, more: particularly described as follows: Bogin at SW'LY corner of said � Lot 23, said corner being in the mean high water line of Biscayne Bay; thence S 40023132" E along SE'ly extension of SN'ly line of Lot 24, a distance of 538.57' to a ' point in the Bulkhead Line established for this area _ ownon map in PB 74/3 (Sheet 5)7 thence N 21041'51" long said Bulkhead Line a distance of 64.87 feet to a intersection with SE'ly 1/2 of Lot 23; thence N 400 23132" X along said SE'ly extension a distance of 497.47 feet to the mean high water lino boundary of said SW'ly 1/4 of Lot 23 and of said Lot 24, a distance of 75.00 feet, M/L to the POB, as described in Clerk's File 68R-115129. together with improvements thereon, any and all rights appurtenant ' thereto, and together with any and all riparian rights. —'— « 9692 rc 247 :a Attachment B Page 19 of 20 Pages SSLL NO. 130034016 Attachment B Page 20 of 20 Pages SSLL NO. 130034016 shall vest in tha Petitionar upon payment of the first armies provided above and poaaession thereof by the Petitioner shall be ismiediate upon such first payment_ DONE and ORDERED in Chambers at Munni, Dade County, Florida, this 1L day of 7. .tel" �trcu t JLt qe copies to, Michel E. Andes9on, Asaistant City Attorney, City of Miami, Florida John C. Martin, Esq., 110 Eaat Fifth Street, ?uscumbia, Ala. 35574 Brigham, Reynolds 6 Byrne, P.A., 2699 So. Sayshore Dr., Miami, F1. 33133 tea - T C X92 tc 248