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Home My WebLink AboutReso 2021-3189RESOLUTION NO.2021 - 1811En A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE LEASE AGREEMENT/AIRSPACE AGREEMENT ("LEASE AGREEMENT") WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") FOR PROPERTY LOCATED UNDER THE LEHMAN CAUSEWAY BRIDGE FOR PARKING AND OTHER PUBLIC USE PURPOSES; AUTHORIZING THE MAYOR TO EXECUTE SAID LEASE AGREEMENT IN SUBSTANTIALLY THE SAME FORM; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT") owns properties located in the right-of-way under the Lehman Causeway Bridge; and WHEREAS, the City of Sunny Isles Beach ("City") has leased properties from FDOT since 2000 for parking and other public use purposes, and most recently, entered into a ten (10) year lease agreement commencing March 1, 2011, and ending February 28, 2021, with an option to renew for an additional ten (10) year term ("Lease Agreement"); and WHEREAS, the parties have agreed to renew the Lease Agreement for the ten (10) year renewal term effective March 1, 2021. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Approval of the Lease Agreement. The City Commission hereby approves the Lease Agreement for parking and other public use purposes under the Lehman Causeway with FDOT in substantially the same form as the attached Exhibit "A". Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Lease Agreement with FDOT. Section 4. Authorization of City Manager and City Attorney. The City Manager and the City Attorney are hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution shall become effWiv�e upon passage. PASSED AND ADOPTED this 15th dai of AprJ12021. Mayor George 11. Scholl R2021 Approve FDOT Lehman Lease Page 1 of 2 APPROVED AS TO FORM AND L SUFFICIENCY: dward A. Dion, ity Attorney Moved by: C ✓ PVSeconded by: Vote: Mayor Scholl Vice Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra ✓ (Yes) (No) (Yes) (No) 'I (Yes) (No) (Yes) (No) (Yes) (No) R2021 Approve FDOT Lehman Lease Page 2 of 2 a�SJHNY fS�FfB City of Sunny Isles Beach 18070 Collins Avenue x Sunny Isles Beach, Florida 33160 Fyl Cp9' F104`OO S¢ () 947-066 City 1Hall if (305) 949 313 Fax Ty OF SU« N MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Claudia C. Hasbun, Development Services Director DATE: 4/15/2021 RE: Approval of an Extension to the Florida Department of Transportation Lehman Causeway Lease Agreement RECOMMENDATION: This Resolution is recommended for approval The City has been leasing the Lehman Causeway since 1999 from the Florida Department of Transportation, we are seeking to enter into the one 10-year lease extension term currently available under Resolution 2011-1692. The terms and condition remains the same as to the use of the property and the shared -parking revenues. Description Resolution Lease Agreement Item Number: 10.17. DocuSign Envelope ID: Bl B2BE1F-352D-4DDEA8OF-F6OD155B391A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575460.33 LEASE AGREEMENT RIGHTOF WAY OGC-0&09 Pace 1 of 5 ITEM/SEGMENT NO.: 248831-1 MANAGING DISTRICT: Six F.A.P. NO.: N/A STATE ROAD NO.: AlA& 856 COUNTY: Miami -Dade PARCEL NO.: 653 & 654 THIS AGREEMENT, made this ' day of May 2021 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter called the Lessor), and CITY OF SUNNY ISLES BEACH. a Florida municioal corporation. (hereinafter called the Lessee). WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Property and Term. Lessor does hereby lease unto Lessee the property described in Exhibit "A", attached and made a part hereof, for a term of ten (10) years beginning 3/1/2021 and ending 02/28/2031 . This Lease may be renewed for an additional See Addendum term at Lessee's option, subject to the rent adjustment as provided in Paragraph 3 below. Lessee shall provide Lessor See Addendum days advanced written notice of its exercise of the renewal option. if Lessee holds over and remains in possession of the property after the expiration of the term specified in this Lease, or any renewals of such term, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and conditions as herein contained in this Lease. This Lease is subject to all utilities in place and to the maintenance thereof as well as any other covenants, easements, or restrictions of record. This Lease shall be construed as a lease of only the interest, If any, of Lessor, and no warranty of title shall be deemed to be given herewith. 2. Use. The leased property shall be used solely for the purpose of See Addendum If the property is used for any other purpose, Lessor shall have the option of immediately terminating this Lease. Lessee shall not permit any use of the property in any manner that would obstruct or interfere with any transportation facilities. Lessee will further use and occupy the leased property in a careful and proper manner, and not commit any waste thereon. Lessee will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the property. Lessee will not use or occupy said property for any unlawful purpose and will, at Lessee's sole cost and expense, conform to and obey any present or future ordinances and/or roles, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the leased property. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials on the leased property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Lessor, within the leased property. If any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the leased property, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Lessor from any claim, loss, damage, costs, charge, or expense arising out of any such contamination. 3. Rent. Lessee shall pay to Lessor as rent, on or before the first day of each rent payment period, the sum of See Addendum plus applicable tax, for each See Addendum. of the term. If this Lease is terminated prior to the end of any rent payment period, the unearned portion of any rent payment, less any other amounts that may be owed to Lessor, shall be refunded to Lessee. Lessee shall pay any and all state, county, city, and local taxes that may be due during the term hemof, including any real property taxes. Rent payments shall be made payable to the Florida Department of Transportation and shall be sent to 1000 NW 111'h Avenue, RAN Administration. Ran. 6108, Miami, Florida 330172, Aftn: Property Management . Lessor reserves the right to review and adjust the rental fee biannually and at renewal to reflect market conditions. Any installment of rent not received within ten (10) days after the date due shall bear Interest at the highest rate allowed by law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate Lessor to accept late rent payments or provide Lessee a grace period. 4. Improvements. No structures or improvements of any kind shall be placed upon the property without the prior written approval of the District Secretary for District Six of Lessor. Any such structures or improvements shall be constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlord lien, any structures or improvements constructed by Lessee shall be removed by Lessee, at Lessee's sole cost and expense, by midnight on the day of termination of this Grcularmlealcpelb: B1B2BEI"52g2GGE�FFOMI MIA are, 11 1,1111 Lease and the leased property restored as newly as pmctlwl to as mnbNen at the time this Laase rs due e.. Rod . Portable or temporary advancing sign are prohibited_ La due shell" Loan, at the rely expense of Lasses all work required In the preparation of the leased property far eccupanoy by Lessee. In N a absence of any special prevision e combined M Me bareemy and Lessee does hereby accept Me leased press* as now being in fin and l remod wagon all purposes of Lessee. Lessor reserves the right to Inspect me pmpeMand to require whatever adjustment to structures or Improvements as Lessor, m is sale discretion, deems necessary. Any adjustments shall be done at lessees ,Is colt and expense, 5 Maintenance Lessee shall keep and maintain Me leased pmpe* and any bulling or other doul no, or hem,fter rocbdlherrn, In good and safe condition and repair at Lae ,sense during Me e,,li at the Lease antl shall keep Me me free and clear of any and all gmse weeds, bland debts of any kind Ste as to prevent feature from becoming dangerous, mgemmgaleamobletomble.L or shot have no duty b inspiredormamAm arrycrthelLeave trope* or buildings, and other ,thereon, during me form or this Lease l however, Leaver shall have the rent upon MenMfanr(24)boom mLicense .to le Me leased property for purposes id Inspection, including conducting an Spandril ..... Race each assessment stay include'. surveying l sampling of building materials snit and groundwater monitoring ell retail soli excavolon groundwater enmemauem nl emergency ,beat, abasement operation and remmernanre inspections: and, anyetherachons whim as may be reonable d necessary Lovely, rlabmt early shall ot battery inspection of property by L.... r n or shall it resae the Lessee efts duty to lamtam the leased produces. mtheevent of emegenory due to a mlal or suspected releaseofRoya m waste on Me property, easer shall have he red If mmediate measured and the right but not Obligation , to engage in mmealel action, wtheut notes, the call cast and expense of which,Fell be the responsibility of [he Lessee. 6. ndernaRrca cn rselectappllcedleparag2pd) Lease, or a Governmental Agency To Me extent provided by law, Lessee shall indemnify , defend and hind teethes, the Lesmr and all of caner, agentaria employees from any claim, InnF damage, test .raga, or expense arising out of any out error , omtaien or negligent act by Lessee, is same, or employee,, during the pedormi of the Lease except Mal neither Lessee, Its officers, agents or employees will be liable under the paragraph ear any claim, loss damage, cast, obarge, or expense regard out of any of, ener omission, or negligent at by the Lesmr or any of Its sheers. agents, or employees during the peeormanco OR the Lease. Whop the Leg ,ofall for m.gas may have bee sea by the Lees a the Lea vnn mediatey forwaNthtlel toMeL....a Lessee and the Lessoriwm evaluate the claim am ROTOR their findings to each other rim human (pa) warning days and will jointly digress options in defending the claim, After reviewing the for the Lessor ,If olelae whether tomoms the approached of Lessee in me defense of arm or to require that Lessee defend the Lessor In such ,, described m this sThe Lessons faiure to promptly notify Lost, of salaam shall no r or any right herein to require Me participation eatthe Lm,mbyLesseeThe Layer and Lessee will each pees ns open expenses for the evaluation mtlommt negotiations and for, if any ❑ Lessee is not Governmental Agency Lessee Shall indayannumild defend, save and hold hanalav Lessor. it agent oltce5, and employees tram any losses. Linda, penatte, costs. damage, Salme, demands, sure and liabilities of any nature, 1probes attorneys Laos, tnshehng mguaateryand appellate for,)...iing cut eforbaoame ofany adeaetlon neglect, or omission by Lessee ordue toany a¢idont happening , or n the leased properly or seeing In any Lenderman the exterear, prefer se of Les Sdghta maunder whether [he same regards pest or properTranscendentalty Many Transcendental unaessdues, The auto negligence of copy,.O Lessee, at hgmlen IS heJemnay, defend and pay for defenses or at Lessor a option to p arcapafe, and to.sedate wW Me In the defense aria trial of any claim and any relater nttcmmt negotiation, stall be triggered by the Ltsom, notes of m amndemnmcacn m Leg nablIdi w llmi Iodine or evaluationofiabmy Shaun excuse Lessee aduty to defend and identify been seven days ate such nett by the Lessorr glen by mattered rail. only an aaNmcarmn or judgment after the highest nppml is exhausted specifically finding rho lesser solely negligent shell excuse paennnanm of this Revision by Lessee Le ... Sabah payalf cost and lees related turns Obligation and rearrangement by Lester Lessorsl,,lumb n,* Lessee of der ban net release Lessee of Me above duty to defend. 7 hourvances Lessee at is expense, shall maintain at all tames during the term of the Leese, public liability Insurance proreNng Lessor and Lawson against any ad vll tldms for injury and damage to persons and probably, and for the Ices of life or purposes occurringm or about me proper ttainsout of me act, negligee mated eat imports employeesager ear, customers,lice and reaees. Such ins omission be Sabah iina tofnet less than on, Off I,, (5 00000000 I for bodily bui death to any one parson or any number of seven, in anyon and riot less than iIondo as _. of1,000 Bc )far property morbined nail e oocurrenm one proper age. or coverage Man M1Pomnl.on .n the (B zgge eoeeo ). Adsuchpolicies hy the same canby na bbmvnieg ugengyd m ail bbamearm the erare oEdonm one an elmh pbuc,e„fen contain a prbmgan whereby me pant venom be DocuSign Envelope ID: Bi B2BE1F-352D-4DDEA8OF-F6ODl55B391A 57'-0 33 RIGHT OF WAY OGc Aa" ,Zg .f5 canceled or modified unless Lessor is given at least sixty (60) days prior written notice of such cancellation or modification. Lessee shall provide Lessor certificates showing such insurance to be in place and showing Lessor as additional insured under the policies. If self -insured or under a risk management program, Lessee represents that such minimum coverage for liability will be provided for the leased property. Lessor may require the amount of any public liability insurance to be maintained by Lessee be increased so that the amount thereof adequately protects Lessors interest. Lessee further agrees that it shall during the full term of this Lease and at its own expense keep the leased property and any improvements thereon fully insured against loss or damage by fire and other casualty. Lessee also agrees that it shall during the full term of this Lease and at its own expense keep the contents and personal property located on the leased property fully insured against loss or damage by fire or other casualty and does hereby release and waive on behalf of itself and its Insurer, by subrogation or otherwise, all claims against Lessor arising out of any fire or other casualty whether or not such fire or other casualty shall have resulted In whole or in part from the negligence of the Lessor. B. Eminent Domain. Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of landlord and tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Lease. Termination of this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Lease, including any residual interest in the Lease, or any other facts or circumstances arising out of or in connection with this Lease. Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including special damages, severance damages, removal costs, or loss of business profits, resulting from Lessee's loss of occupancy of the leased property, or any such rights, claims, or damages Flowing from adjacent properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the leased property. Lessee also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort as set out above, as a result of Lessee's loss of occupancy of the leased property, when any or all adjacent properties owned or leased by Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this Lease is still in existence on the date of taking or sale; or has been terminated prior thereto. 9. Miscellaneous. a. This Lease may be terminated by Lessor immediately, without prior notice, upon default by Lessee hereunder, and may be terminated by either party, without cause upon thirty (30) days prior written notice to the other party. b. In addition to, or in lieu of, the terms and conditions contained herein, the provisions of any Addendum of even date herewith which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall control, unless the provisions thereof are prohibited by law. c. Lessee acknowledges that it has reviewed this Lease, is familiar with its terms, and has had adequate opportunity to review this Lease with legal counsel of Lessee's choosing. Lessee has entered into this Lease freely and voluntarily. This Lease contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and agreements, oral or written, heretofore made between the parties and/or between Lessee and the previous owner of the leased property and landlord of Lessee are merged in this Lease, which alone, fully and completely expresses the agreement between Lessee and Lessor with respect to the subject matter hereof. No modification, waiver, or amendment of this Lease or any of its conditions or provisions shall be binding upon Lessor or Lessee unless in writing and signed by both parties. d. Lessee shall not sublet the property or any part thereof, nor assign this Lease, without the poor consent in writing of the Lessor; this Lease is being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of rental from a third party shall not be considered as an assignment or sublease, nor shall it be deemed as constituting consent of Lessor to such an assignment or sublease. e. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telegraph services, or any other utility or service used on the property. f. This Lease shall be governed by the laws of the Stale of Florida, and any applicable laws of the United States of America. g. All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shall be sent to: City of Sunny Isles Beach. 18070 Collins Avenue, Sunny Isles Beach. Florida 33160, Attn: Christopher J. Russo, City Manager. DocuSign Envelope ID: B1B2BE1F-352D-4DDE-880E-F60D155B391A 575 O8 33 RIGHT OF WAY OGc-gams Page 4 & 5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DocuSigned by: ��,,{{,,�p�� SLES BEACH By: F Z""""'�� Name, if applicable) District Se W F25A78144F3... Stacy L. Miller P.E. Print Name �t,DOCu5lgned by. I Attest: �Cl t�wyi, sU.AtAt, FEC287MEICC478_. Name/Title: Helen Shaheen Executive Secretary (SEAL) LEGAL REVIEW: DocuSigned by: 5 District C6UUSeLAF0E1 al Da4BC._ Alicia Truiilli, Esq. Print Name DocuSign Envelope ID: Bi B2BE1F-352D-4DDEA8OF-F6ODi55B391A 575-06"o RIGHT OF WAY OG.- 09 P 505 ADDENDUM This is an Addendum to that certain Lease Agreement between SEE SEPARATE ADDENDUM ATTACHED and the State of Florida Department of Transportation dated the day of In addition to the provisions contained in said Agreement, the following terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (b) of said Agreement: DO NOT SIGN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DO NOT SIGN By: Lessee (Company Name, if applicable) District Secretary i Print Name Attest: Print Name Title: Name/Title: Attest: (SEAL) LEGAL REVIEW: Print Name District Counsel Title: Print Name DocuSign Envelope ID: Bi B2BE1F-352D-4DDE-880E-F60D755B391A ADDENDUM TO LEASE AGREEMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Item/Segment No.: 2488311 Managing District: Six State Road AtA & 856 County Miami -Dade Parcel Nos. 653 & 654 THIS IS AN ADDENDUM to that certain Lease Agreement (the "Agreement') between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Lessor) and THE CITY OF SUNNY ISLES BEACH, a Florida municipal corporatior},i and hereinafter collectively known as the "Parties", dated the 5 day of 2021. In addition to the provisions contained in said Agreement, the following terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (b) of said Agreement, and is incorporated therein. Section 1. Property and Term is hereby modified to include the following: The parties entered into a lease agreement dated July 181h, 2011, wherein Lessee had an option to renew the lease agreement for an additional ten (10) years. The parties are entering into this Lease Agreement as a result of Lessee's election to exercise its option to extend the lease term for an additional ten (10) years ("Extension"). Upon termination of this Extension, the following will apply: Department procedures require that excess parcels be reviewed every ten (10) years or in this case, upon the termination of this Extension period, in order that the Department may determine whether the parcel is required for transportation purposes or remains available for sale or lease ("Department Review"). In the event that Lessee intends to re -let the parcel upon expiration of the lease term pursuant to this Lease Agreement, Lessee shall provide one -hundred and twenty (120) days prior written notice to Lessor so that Lessor may timely undertake its Departmental Review of the parcel. If at such at time it is determined that the parcel continues to be available for lease, a new lease agreement will be required with new terms and conditions. Section 2. USE: Use of the parcel shall be for the following: • Public parking for fee for the general public ; • Lessee's Public Works storage area; Basketball court for public use. Section 3. RENT, is hereby modified as follows: Notwithstanding the provisions of Paragraph 3, the Parties agree that the Lessee shall pay Lessor, as rent, forty (40%) percent of all gross revenues collected from the use of the leased area. The Parties further agree the Lessee shall bear all expenses and operational costs from its sixty percent (60%) share of all gross revenues. Revenues Page 1 of 4 DocuSign Envelope ID: Bi B2BE1F-352D-4DDE-880E-F60D755B391A ADDENDUM TO LEASE AGREEMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Item/Segment No.: 2488311 Managing District: Six State Road Al A & 856 County Miami -Dade Parcel Nos. 653 & 654 shall be described as any and all revenues received from the Lessee as a result of the use of the leased area, including but not limited to metered parking, parking for fee, and recreational and vending concessions, if any. Rent payments shall continue to be made quarterly on or before the 1 st day of the third month following the preceding three months in which such revenues were received which commenced in February 1, 2011. Each quarterly payment shall be accompanied by a Lessee's signed statement which shall state the total amount of revenues for the period covered and the computation of the rental payment due Lessor. In addition, the Lessee shall provide the Lessor with an annual statement of the proceeds for each 12-month period of the term, within 30 days from the end of the prior 12-month period; such annual statement to be signed by the Lessee and certified by a Certified Public Accountant. The Lessee shall make all rental payments and submit all revenue reports required by this arrangement to the address in Paragraph 3 of the Lease Agreement. The Lessee shall maintain a set of books, accounts and records covering the operations that are subject to this Agreement, said books, accounts and records to be of the same types as those customarily used in these types of operations in accordance with accepted accounting practices and standards for such period of time as is provided herein. Lessor shall be permitted upon three -business days prior written notice to Lessee to examine and audit, during ordinary business hours, by or through its officers, employees or representatives of the Lessor, such records and books of account, provided that the Lessee shall not be required to maintain such records and books of account pertaining to operations within the property occurring during any annual period for more than three (3) years after the end of each annual period. Section 4. IMPROVEMENTS, is hereby modified to include the following: Notwithstanding the provisions of Paragraph 4, the following shall apply: Lessee requested and received approval from the Lessor for the installation of a mobile unit to serve as the City's Public Works building and to construct a public basketball court in accordance with the design plan attached hereto as Exhibit B and with the following conditions: a) Pier foundations must be located prior to any digging or excavation in the vicinity of the piers. b) No drilling shall be allowed on the pier foundations, columns or any other member of the structure. c) Improvements shall not interfere with existing drainage and utilities in the right of way. Page 2 of 4 DocuSign Envelope ID: Bi B2BE1F-352D-4DDE-880E-F60D755B391A ADDENDUM TO LEASE AGREEMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Item/Segment No.: 2488311 Managing District: Six State Road A1A & 856 County a Miami -Dade Parcel Nos. 653 & 654 Any changes or additions to the improvements, as described in Exhibit B, will require additional prior approval in writing by the District Six Secretary. Lessor reserves the right of access to the leased property to inspect, maintain and make any repairs to any part of State Road 856 and its structures located within the leased parcel as necessary., it being understood and agreed, however, that Lessee shall remain liable and responsible for any and all damages caused by or resulting from Lessee's use of the leased property. All improvements and any refuse, contamination or other diminution of the property, occurring during the Lessee's use of the leased area shall be removed or rectified by Lessee as requested by Lessor. Section 5. MAINTENANCE, is hereby modified as follows: Notwithstanding the provisions of Paragraph 5, the Lessor shall have the right to enter the leased property at any time for the purposes of inspection without prior notice. The Lessor agrees to give the Lessee one week notice prior to routine repairs or maintenance of the bridge structures within the leased property. In the event repairs entail removal or temporary relocation of any of the Lessee's improvements to avoid damaging said improvements, the Lessee shall remove or relocate said improvement(s) at its own cost and expense and in a timely manner as to not delay the Lessor's scheduled repair work. In the event of an emergency repair that requires the Lessor to remove and/or relocate any of the Lessee's improvements, the Lessee hereby agrees not to hold the Lessor, its officers, employees, agents and/or representatives responsible for the cost and expense of any reconstruction or repairs necessary to the Lessee's improvements after the emergency repairs have been made. Section 6. INDEMNIFICATION is hereby modified to Include the following: To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Lessor and all of its officers, agents and employees from any claim, loss, damage cost, charge, or expense arising out of any act, error, omission, or negligent act by Lessee, its agents, employees, or the general public during the performance of the Lease or from any damage or liability that may arise from Lessee's, its agents', employees', or the general public's use of the Lease Parcel, including but not limited to, any damage or liability to the Property in conjunction with or resulting from Lessee's, its agents', employees', or the general public's use of the Lease Parcel. Page 3 of 4 DocuSign Envelope ID: B1B2BE1F-352D-4DDE-880E-F60D155B391A ADDENDUM TO LEASE AGREEMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Item/Segment No.: 2488311 Managing District: Six State Road A1A & 856 County Miami -Dade Parcel Nos. 653 & 654 Section 9. MISCELLANEOUS, Section d., first sentence, is hereby modified as follows: Lessee shall not sublet the property or any part thereof, nor assign this Lease; this Lease is being executed by Lessor upon the credit and reputation of Lessee. All other terms and conditions of the Lease Agreement remain unchanged and are hereby confirmed and ratified by the Lessee and Lessor. In the event of any conflict between the Agreement and this Addendum, the provisions of this Addendum shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the Lease Agreement as of this 5 day of May 2021. STATE OF FLORIDA CITY O SUNNY SLES BEACH DEPARTMENT OF TRANSPORTATION (Less (Lessor) DocuSignetl by: By: By: 6 Distri t-geea 4F3.. Name: Geor a ScholO Name: Stacy L. Miller, P.E. DocuSignetl by: Title: MqL Attest: Nt(un 1�t,t,In, FEC287MUCC478_. Attest: Te1W/ ' Name/Title: Helen shaheen Exec. Secreta Name: II 164610 B MWX Legal Review DocuSignetl by: �t CLGa�t.4. Title: CH !(l & u Tl District GeneraVG&nsel Name: Alicia Trujillo, Esq. Page 4 of 4 mrcuSim Enmlcgell) B1B2BEIF.B52BdttEFWF4F8WlSgBdIA EXHIBIT "Air LECAL DEEGEIPTION LEASE PAIWNG LOTS 41If2 CITY OF SNINNY 13LES BEACH, MIAMI-DADS WON'fY, FLORIDA That motion W Stale Rural No. 8% Right of Way as shown on Smle of Fiords Depenmrnl of Transportation Right -of -Wry Map fm Section 37013 Of) lying in gumn 2,,'lowonMp SS S^W4 Ra , 42 Eon, M m1.Imumfourne Floods, from moll MNaa4rlydawtlhed as fat mir BEGINNING at the Sheldon wlntt of GALAHAD-Dal poll vamding to tom Plat thereof, u rec^NN in N,r Book 9]. Page l4 of too Public Records of Robert pods Croy. Mind, said plaint bears I ... led on IN roulmorly Right of Way line of Sum Rutl No. SSQ as shown no east Sum: mt Rndda Jym la of of'fn usuallw Rolou,AWer Map fire Swlwn 8I013-2509, abwN ] If gnf I mem aM w ConNroman Pleas of Imposed $R& Road No. a5fi, SMim 9701I-3511, Sbzt 16, said point also being loeakd an @e aR a v curve rsweve to did North and whose slogan point Lean Noah Ilong PIT' Eal. THENCE Emet on seal NMM1aIy NgW of Way line of SAW Read NO.856 and on the von of "A curve brother andius of 1,929.86 sod (Nought, central aci of I rl 1'41", an are dinewe of 40.. 11 @ali THENCE FOR SSTODI" Unit an and Futurity Sigh Of Was liw of Stlk Road No, 956, a diam= of 695." find Is AS misheard with No Nonbvly pmfedun of fie Wat faze of the midge abumlrut fat Room A, v shown an said Sum of Floduct @pamment of I m napovvlion Commw:fwo Plan Scwla 37013-3511i THENCE Smnh 0 IG)UP Eall an said Research and nnaaid West Gel, a diadem of 5025 feel to the ime[wdinn wilt to, SnnN twee of lining wall and me Mek of a coa mom lams aeb am b^Wn for Ramp A as shown on said SON of farm, Fund ...it at Trvrvpomlloo Cooarw Plans Sculw 870133511, THENCE on said South Roe of a shumiog wall and (be bank of a wminuav woum dumb and adds for loomp A IN following "rive (5) ,am,, and diduce; 1. North 89°16'41' mask adis%.. o73W35 fteG 2. North 172To0" East, a Neunce of 3993 feet to a polar on the arc of a annual curve concave m flit Nod, where mdivs point Mare Nm@02°40'p3- Won, 3. EeMedy al the are of said Cava having ^redlvv of 14300 NO, Ila'wplt ademml ,of, of 29-3219",m am upward of 7L23 feet p e plaid on the arc of a nmmngwt curve Connote d do Narrowed, w motive point bens N[nh 30°2QQ Won, 4 Normal on the are of smdarve dwieµ n shows of 17400 feet, through a e[mre ads of 16°12'S4', an are mandate or 49.24 pan ern Joan nfumempwo, wits a, own remove lathe 5wt1wm5 5, govOeo9uly a the vm War rrvo having ored'mn ^f Soo fees 1Ma� s [eotrJ Rod AA,Kass°, wn etc J sdnw ed1:24 [eel ge dw inlmod i^n MN the Con buck of ccel ra@e V013 boontl Imo of State Roed AAA, as shown Ct said $ink of Iloide I4WIV^eel ofTmnvpoNlia CovvVmtimn VlenaAxtimt g/o 19-E 11. THENCESOON 05°10W' W4 on load WemWly baz4 If cub of Sure Read AAA a dish a 170,83 met 0 No lams" ll^f udograd carehown an Nnvbwen, said cub also being on N[ North of curb of a dmtinuors' conrtem curb end after for Romp C, onshnwo ern anLAtelcof Flmlme DnµMmal o['![anepoatn(on (gnsW4on Plm9emlmn 6]013d511. IHINGE a uW hack a,nw.mowa mmume curb aid paper aid Nmfiamy GU M a Robert our dorm Ramp C the following to,,(4) Control add mutmra. DocuSign Envelope ID: B162BE1F-352D-4DDE-880E-F60D155B391A EXHIBIT "A" LEGAL DESCRIPTION LEASE PARKING LOTS # 1 & 2 CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA 1. Southwesterly on the arc of said curve having a radius of 0,50 feet through a central angle of 78"01'36", an arc distance of 0.68 feet to a point of compound curve with a curve concave to the North; 2, Westerly on the arc of said curve having a radius of 566.96 feet, through a central angle of 17"15'S4", an arc distance of 170.84 feet; 3. North 79°32'25" West, a distance of 178.00 feet to a point on a curve concave to the South; 4. Westerly on the arc of said curve having a radius of 392.00 feet, through a contra] angle of I r15'29", an are distance of 83.87 feet to a point on the North face of the Bridge abutment of Ramp 'D', as shown on said State of Florida Department of Transportation Construction Plan Section 87013-3511. THENCE South 01047'55" East. on said Northerly face of the Bridge abutment of Ramp D' a distance of 77.82 feet to the intersection with the Southerly Limited Access Right of Way line the of State Road No. 856, as shown on said State of Florida Department of Transportation Right -of -Way, Map for Section 87013-2509, THENCE South 86°54107" West on said Southerly Limited Access Right of Way line the of State Road No. 856 a distance of 880.19 feet to the intersection with Easterly line of a Sewage Lift Station area as defined by the back of curb of the Parking areas as shown on plans prepared by Greiner Inc. for Dade County Public Works Department and dated May 28, 199t, of die parking Area under State Road No. 856; II THENCE on said back of curb of the Parking areas the following five (5) courses and distances: 1. North ty? 1IW59" East, a distance of 51.93 feet to the beginning of tangent curve concave to the Southwest; 2. Northwesterly on the are of said curve having a radius of 5.00 feet, through a central angle of 90100'001', an are distance of 7.85 feet; 3. North 82"45'0t" West, a distance of 73.09 feel to the beginning of a tangent curve concave to the Southeast; 4. Southwesterly on the are of said curve having a radius of 5.00 feet, through a central angle of 90000'0011, an arc distance of 7.95 feet; 5, South 07°14'59" West, a distance of 37.80 feet to the intersection with said Southerly Limited Access Right of Way line the of State Road No. 856; THENCE on said Southerly Limited Access Right of Way line of State Road No. 856 the following two (2) courses and distances: I. North 67°30'28" West, a distance of 5.41 feet; 2. North 78"20'19" West, a distance of 174.76 feet to the intersection with the Easterly Right of Way of Florida East Costal Canal (Intracoastal Waterway), according to the Plat thereof, as recorded in Plat Book 37, Page 3, of the Public Records of Miami -Dade County, Florida; THENCE North 11*39'35" East said Easterly Right of Way of Florida East Costal Canal, a distance of 176.96 feet to the POINT OF BEGINNING; Said lands lying in the City of Sunny Isles, Miami -Dade County, Florida, and containing 251,051 square feet ( 5.763 acres), more or less. WAll, 05111 al9• AmdamI. -B01111111 Allorwym Flowds Florida Department of Transportation, district YI IYBN/s.g N..! N/A sac/doh No.; 87013-2509 cr� '. 18011 Eller Drive, Salt. flag Fort tauderdele. Florida 3331E aI.Will Fee 0 Cerllneete ofAolharaal{ n Me. L13 8791 PAP No. 1 N/A States Read No.: t8521856 Paacel. No : Parking Under 89 856 Sh.et 2.f_¢ DocuSign Envelope ID'. Bi B2BE1F-352D-0DDE-88OF-F6OD155B391A EXHIBIT "A" LEGAL DESCRIPTION LEASE PARKING LOTS H I & 2 CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA, SURVEYOR'S NOTES: I. Not valid without the signature and original embossed seal of a Florida licensed Professional Surveyor and Mapper. 2. Lands described hereon were not abstracted, by the surveyor, for ownership, easements, rights -of -way or other instruments that may appear in the Public Records of Miami -Dade County. 3. The description contained herein and the attached sketch, do not represent a field Boundary Survey. 4. Beari s shown hereon are five to the Baseline of Ramp A, State Road 856, as shown on the State of Florida Detment of TranspoMoir' t of Way Map Section Number 87013-2509, having a bearing of North 87019'57" East. INC. ProfessionalArveyor and Mapper Florida Registration Number LS 4479 LEGEND: G.A. CENTRAL ANGLE (DELTA) FOOT = FLORIDA DEPARTMENT OF TRANSF L ARC LENGTH LB = LICENSED BUSINESS = ACCESS RIGHT OF WAY LINE MOCR = MIAMI-DADE COUNTY RECORDS PB = PLAT BOOK PC = PAGE PON - POINT OF BEGINNING R - RADIUS R/W - RIGHT-OF-WAY C 610II Ti W S I O�HeEir b t Florida Dopartment of Transportation, District VI 6� Item/Seg a..: N/A ,.l �"'7^• Soc/Jab No.: 87013-2509 vk m 's JIM filter Drive, Salle 00D FM No.: N/A b v'• Fart Lauderdale, Florid, S831fI State Read No : (852)856 ;,;;,. -._ ::1' Phone: 004.0a1.7re1 Fax OW.921.8007 County: Miami -Dade F" _+ `d'.rz" Certificate of Authodranon No. IS 6791 Parcel No.: Parking Under SR 856 Sheet DocuSign Envelope ID: B162BEIF-352D-4DDE-880E-F60D155B391A c W 4 a 2 M� U �10 a! 0 qqxxY u J � Q U Wn 0 - i G' O W ro ym EXHIBIT "A" LEGAL DESCRIPTION LEASE PARKING LOTS # 1 & 2 CITY OF SUNNY ISLES BEACH, ML ,MI -DARE COUNTY, FLORIDA POINT OF BEGINNING GRAPHIC SCALE SOUTHWEST CORNER OF GALAHAD-DADE 0 so 120 (IoR 92 PG, III, M.D.C.R.) NORTHERLY LIMITED ACCESS RICH-CF-WAY LINE ( IN FEET ) STATE ROAD No. 856 1 Inch c, 60 ft. GAl4"ga_0 1RACt 'a' Rot E (PD. 92 PG. lA M.O.C.aJ 829.86 CA-12'31.42' L= 4DO. 12' (TOTAL) �Fo.p,,aiw M�AS f', so `NORTHERLY RICH-OF°N WAY LINE AiE D No. 856 Florida Depart, STATE ROq rr 65 _ Cana�uet 5 CT, N Nop87 'on Right- 0 CAm90 DOpp� 9 of Section 87O9,T& 511 y MOP SO7. 85 Vas.-I4--4 -59YW 3780.E 582'45'01'E 0y9' 54" MOF ED SOUTHERLY t1M1 W 17q.7j' DAOE aAlf Csprygl TED DEPAq j Aa9uc GotatN E OCAS AETS RIGH-OF-., a+o,.Ecr,a tt / (a.1seC per, sou0C,w0 EsgR,856 CA_90bO'OD- 51, 93' 880,19' Florida Department of Transportation, District VI Item/Sg No.: N/A Sec/Job No 87013-2509 ME �.�,�9,�...� �us��'.,W�,�.' 1 elve, Bulb Boo FAP No.: N/A =Port Lauderdale. Florida 33316 State Road No.: (I 355 I= SR DocuSign Envelope ID: Bi B2BE1F-352D-4DDE-BBOF-F60D155B391A t a n EXHIBIT "A" LEGAL DESCRIPTION LEASE PARKING LOTS # 1 & 2 CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA GRAPHIC SCALE P So 60 N ( IN FEET J I inch - 60 ft. R-1829.86' 6ALAHAo-DA0E LP.B. 92 PC. a6. N.O.CAJ CAm12'31'41" L=400.11' (TOTAL) NBBWOI"E 695,84' (TOTAL) to �- NORTHERLY RICH -OF -WAY LINE STATE ROAD No. 866 I� SOUTHERLY ROAD M ACCESS RICH -OF -WAY LINE STATE ROAD No. 856 GOLDEN SmWES OCEAN SWLEVARD ESTATES SECTION V (P.D. A. PC. 93, ND.C.R.) 455 OF BURROS) IAX'W (tax) am UN ft alon-]SW P B' w rnax xa alma-xsoa S' w - yCSIV414r 9d711O ✓F Rf. . Floxide Departngnt of Traoaportatian. Dietriat VI Item/Seg No.: N/A ��,w�,,�,.��.ee °'"W•¢ym P11111111W Sec/Job No.: 89013-2509 r, lao0 Baar umvuune 600 Fort leodervlAlee. Florida 0031a FAN No.: SGie Road No.: N/A - 956 , (852) Phone: 961.921,»8l Fox 954.92LB609 County: Miami -Dade "'CerNRcata of Authorization No. LB 6791 Pasael No.: Pazkiaq Onder SR 856 Sheet 5 of 6 MwG9n Emµlpe ID. 9182REIFS D-DOE26L£-FGODVA91a1A GRAPHIC SCALE EYMIT "A° j_y_j—_J LNGALpF.SG'R 0FIANWILESISC1CIR, p1&2 I— _� I CAI'YOFDECUIUBLEBBN,ACII. ( IN P66f) ryl1AML-OAO6 Cf1I1N'lYNIQR30A Inch 1 80 BE oKKIRA crrc 4I SOUTH FACE BFRETAININGMAIL TBACK RALVtl NBi SERUM'(TOTAL) 01 STATE WAR No 556. ENTRANCE RAMP 'A' 503'40'OYE -- NORTHERLY t1MIFED ACCESS 5p2y HIGH-OFWPY LINE STAR N ennait ROAD No. 01 BOOM- _ .11eQ 61v n W ut �� a,Ialai a_"0wl =.ANT _ n=ewmsl raa%=srwx w IMERN JT BESTFACEq X BEST FACE OF MP NBT 6'41"E 304$ (TOTAL) O PUEN1 FOR RAMP m W STATE ROAD Na 956 NORTHERLY FACE OF RETAINING W N _ ilaWa of it m Ri _I- a will A BACK OF WRB OF yl R/W SE ON No. 01}2509 & STAR ROAD No, BOB NAME'C' 1 onzW[tlon PI no of 67013o3511 1 OFF j 9aVMERLY LIUIIEO ACCESS MEET PACE OF BRIDGE ` 7 RIGH-OF-WAY LINE ABUTMENT FOR RAMP '0' N]YR'25b 2 STATE ROAD No. 066 1'IiS'E )].03 _ 1]B.Ob) F CA\ n (TOTAL) I I R.093A0' '' f omfd wflslO.N. SOULEARRO Siifxa na ruui ve uwsrcm xn sm> I 1 I 0.u�-WE a. rc sv Rnc S / BACK BF Wq8 OF V IP.O. An M. 16, u.p.W RI G=WVFR' L=71.43' STATE ROAD No R6 AMP nn )MA a. ENTRANCE RAMP 'A' ma /V. 1Ia%1,I y k R�A50' Op 9STE 1 BEaxwrvs)^ _ C414143'42" L=12[ Pep -A 1E xe.eu 0m— o�1 W a s _ , I NORsttON nA. 5701 _ }g a R=1]4A0' M I41 E� TOTAQ CA 4-12.54" m o m � 1Wy FACE OF ISi WALL BA OF CURB V n 1 A ) VI OF STAFF ROAD Na. B56 NMAHCE RAM L-49.D4' tI l P'A' E �c u BE 09 STATE ROAD No. B56 a p WI z¢ Fbaao Oeporl 1 a1 Trorspo-auDon M1013-230Rg111\ol-P Map SECTION No. B9 0 � die NI 2� mL§25-W BACK Or CURB OF U / 3, b�.___ t20. DO STATE ROAD No. 8% RAMP C / CO. & B M Fps a ]pyV R=58R.9 . 'FR xu lllle ,, m yrf'} r mr.we�A, am ) fl0A4 No. � a Or FERA MyC Rµ� ----_ CA -I h 5'54' L•I IGA4' AYP'. -'R.0-m f CA-]Btll'SB' L•0.69' coke &kmwn.h� P FlOxidl EMPumbipla Of Trall8okINPI nufatce VI 3111 all III YNnee narW �18Fort. M 1 I ee _ I.na1 n q: m D� eenml. a wuer0aum xe�. u aueq ma.a on FAAa AoE_5 OceanviewBGarage Ooeanview NGarege Ocean Resey To Heritage Park — - '8*Ab%w Q4rtAbtldek. . ' - .. � � ® m m, m, ° moire + �awwmn Dam. m. o ® 0 9ltlewalk P:euwn t x PUBLIC WORKS r. 3 y Petlestrian , COMPOUND" _ Crosswalk -' 21, '�-� � '"•t 70' Chainlink ♦ExisfngElectrical "" Fenceryp �& Metered Water Hookups We rsas TM N k n Fps` STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-060-33 LEASE AGREEMENT RIGHT OF WAY OGC — 08I09 Page 1 of 5 ITEM/SEGMENT NO.: 248831-1 MANAGING DISTRICT: Six F.A.P. NO.: N/A STATE ROAD NO.: A1A & 856 COUNTY: Miami -Dade PARCEL NO.: 653 & 654 THIS AGREEMENT, made this day of 2021 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter called the Lessor), and CITY OF SUNNY ISLES BEACH, a Florida municipal corporation. (hereinafter called the Lessee). WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Property and Term. Lessor does hereby lease unto Lessee the property described in Exhibit "A", attached and made a part hereof, for a term of ten (10) years beginning 3/1/2021 and ending 02/28/2031 . This Lease may be renewed for an additional See Addendum term at Lessee's option, subject to the rent adjustment as provided in Paragraph 3 below. Lessee shall provide Lessor See Addendum days advanced written notice of its exercise of the renewal option. If Lessee holds over and remains in possession of the property after the expiration of the term specified in this Lease, or any renewals of such term, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and conditions as herein contained in this Lease. This Lease is subject to all utilities in place and to the maintenance thereof as well as any other covenants, easements, or restrictions of record. This Lease shall be construed as a lease of only the interest, if any, of Lessor, and no warranty of title shall be deemed to be given herewith. 2. Use. The leased property shall be used solely for the purpose of See Addendum If the property is used for any other purpose, Lessor shall have the option of immediately terminating this Lease. Lessee shall not permit any use of the property in any manner that would obstruct or interfere with any transportation facilities. Lessee will further use and occupy the leased property in a careful and proper manner, and not commit any waste thereon. Lessee will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the property. Lessee will not use or occupy said property for any unlawful purpose and will, at Lessee's sole cost and expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the leased property. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials on the leased property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Lessor, within the leased property. If any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the leased property, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Lessor from any claim, loss, damage, costs, charge, or expense arising out of any such contamination. 3. Rent. Lessee shall pay to Lessor as rent, on or before the first day of each rent payment period, the sum of See Addendum plus applicable tax, for each See Addendum. of the term. If this Lease is terminated prior to the end of any rent payment period, the unearned portion of any rent payment, less any other amounts that may be owed to Lessor, shall be refunded to Lessee. Lessee shall pay any and all state, county, city, and local taxes that may be due during the term hereof, including any real property taxes. Rent payments shall be made payable to the Florida Department of Transportation and shall be sent to 1000 NW 111th Avenue, R/W Administration, Rm. 6108, Miami, Florida 330172, Attn: Property Management . Lessor reserves the right to review and adjust the rental fee biannually and at renewal to reflect market conditions. Any installment of rent not received within ten (10) days after the date due shall bear interest at the highest rate allowed by law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate Lessor to accept late rent payments or provide Lessee a grace period. 4. Improvements. No structures or improvements of any kind shall be placed upon the property without the prior written approval of the District Secretary for District Six of Lessor. Any such structures or improvements shall be constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlord lien, any structures or improvements constructed by Lessee shall be removed by Lessee, at Lessee's sole cost and expense, by midnight on the day of termination of this 575-060-33 RIGHT OF WAY OGC -08/09 Page 2 of 5 Lease and the leased property restored as nearly as practical to its condition at the time this Lease is executed. Portable or temporary advertising signs are prohibited. Lessee shall perform, at the sole expense of Lessee, all work required in the preparation of the leased property for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property as now being in fit and tenantable condition for all purposes of Lessee. Lessor reserves the right to inspect the property and to require whatever adjustment to structures or improvements as Lessor, in its sole discretion, deems necessary. Any adjustments shall be done at Lessee's sole cost and expense. 5. Maintenance. Lessee shall keep and maintain the leased property and any building or other structure, now or hereafter erected thereon, in good and safe condition and repair at Lessee's own expense during the existence of this Lease, and shall keep the same free and clear of any and all grass, weeds, brush, and debris of any kind, so as to prevent the same from becoming dangerous, inflammable, or objectionable. Lessor shall have no duty to inspect or maintain any of the leased property or buildings, and other structures thereon, during the term of this Lease; however, Lessor shall have the right, upon twenty-four (24) hours notice to Lessee, to enter the leased property for purposes of inspection, including conducting an environmental assessment. Such assessment may include: surveying; sampling of building materials, soil, and groundwater; monitoring well installations; soil excavation; groundwater remediation; emergency asbestos abatement; operation and maintenance inspections; and, any other actions which may be reasonable and necessary. Lessor's right of entry shall not obligate inspection of the property by Lessor, nor shall it relieve the Lessee of its duty to maintain the leased property. In the event of emergency due to a release or suspected release of hazardous waste on the property, Lessor shall have the right of immediate inspection, and the right, but not the obligation, to engage in remedial action, without notice, the sole cost and expense of which shall be the responsibility of the Lessee. 6. Indemnification. (select applicable paragraph) ® Lessee is a Governmental Agency To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Lessor and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Lessee, its agents, or employees, during the performance of the Lease, except that neither Lessee, its officers, agents, or employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Lessor or any of its officers, agents, or employees during the performance of the Lease. When the Lessor receives a notice of claim for damages that may have been caused by the Lessee, the Lessor will immediately forward the claim to the Lessee. Lessee and the Lessor will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Lessor will determine whether to require the participation of Lessee in the defense of the claim or to require that Lessee defend the Lessor in such claim as described in this section. The Lessor's failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Lessee. The Lessor and Lessee will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. ❑ Lessee is not a Governmental Agency Lessee shall indemnify, defend, save, and hold harmless Lessor, its agent, officers, and employees, from any losses, fines, penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including attorney's fees, (including regulatory and appellate fees), arising out of or because of any acts, action, neglect, or omission by Lessee, or due to any accident, happening, or occurrence on the leased property or arising in any manner from the exercise or attempted exercise of Lessee's rights hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to the sole negligence of Lessor. Lessee's obligation to indemnify, defend and pay for the defenses or at Lessor's option, to participate, and to associate with the Lessor in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the Lessor's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excuse Lessee's duty to defend and indemnify within seven days after such notice by the Lessor is given by registered mail. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Lessor solely negligent shall excuse performance of this provision by Lessee. Lessee shall pay all costs and fees related to this obligation and its enforcement by Lessor. Lessor's failure to notify Lessee of claim shall not release Lessee of the above duty to defend. 7. Insurance. Lessee at its expense, shall maintain at all times during the term of this Lease, public liability insurance protecting Lessor and Lessee against any and all claims for injury and damage to persons and property, and for the loss of life or property occurring in, on, or about the property arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, its employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount of not less than one million dollars ($ 1,000,000.00 ) for bodily injury or death to any one person or any number of persons in any one occurrence and not less than one million dollars ($ 1,000,000.00 ) for property damage, or a combined coverage of not less than two million dollars ($ 2,000,000.00 ). All such policies shall be issued by companies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be 575-060-33 RIGHT OF WAY OGC -08/09 Page 3 of 5 canceled or modified unless Lessor is given at least sixty (60) days prior written notice of such cancellation or modification. Lessee shall provide Lessor certificates showing such insurance to be in place and showing Lessor as additional insured under the policies. If self -insured or under a risk management program, Lessee represents that such minimum coverage for liability will be provided for the leased property. Lessor may require the amount of any public liability insurance to be maintained by Lessee be increased so that the amount thereof adequately protects Lessor's interest. Lessee further agrees that it shall during the full term of this Lease and at its own expense keep the leased property and any improvements thereon fully insured against loss or damage by fire and other casualty. Lessee also agrees that it shall during the full term of this Lease and at its own expense keep the contents and personal property located on the leased property fully insured against loss or damage by fire or other casualty and does hereby release and waive on behalf of itself and its insurer, by subrogation or otherwise, all claims against Lessor arising out of any fire or other casualty whether or not such fire or other casualty shall have resulted in whole or in part from the negligence of the Lessor. 8. Eminent Domain. Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of landlord and tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Lease. Termination of this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Lease, including any residual interest in the Lease, or any other facts or circumstances arising out of or in connection with this Lease. Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including special damages, severance damages, removal costs, or loss of business profits, resulting from Lessee's loss of occupancy of the leased property, or any such rights, claims, or damages flowing from adjacent properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the leased property. Lessee also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort as set out above, as a result of Lessee's loss of occupancy of the leased property, when any or all adjacent properties owned or leased by Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this Lease is still in existence on the date of taking or sale; or has been terminated prior thereto. 9. Miscellaneous. a. This Lease may be terminated by Lessor immediately, without prior notice, upon default by Lessee hereunder, and may be terminated by either party, without cause upon thirty (30) days prior written notice to the other party. b. In addition to, or in lieu of, the terms and conditions contained herein, the provisions of any Addendum of even date herewith which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall control, unless the provisions thereof are prohibited by law. c. Lessee acknowledges that it has reviewed this Lease, is familiar with its terms, and has had adequate opportunity to review this Lease with legal counsel of Lessee's choosing. Lessee has entered into this Lease freely and voluntarily. This Lease contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and agreements oral or written, heretofore made between the parties and/or between Lessee and the previous owner of the leased property and landlord of Lessee are merged in this Lease, which alone, fully and completely expresses the agreement between Lessee and Lessor with respect to the subject matter hereof. No modification, waiver, or amendment of this Lease or any of its conditions or provisions shall be binding upon Lessor or Lessee unless in writing and signed by both parties. d. Lessee shall not sublet the property or any part thereof, nor assign this Lease, without the prior consent in writing of the Lessor; this Lease is being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of rental from a third party shall not be considered as an assignment or sublease, nor shall it be deemed as constituting consent of Lessor to such an assignment or sublease. e. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telegraph services, or any other utility or service used on the property. f. This Lease shall be governed by the laws of the State of Florida, and any applicable laws of the United States of America. g. All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shall be sent to: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach Florida 33160, Attn: Christopher J. Russo City Manager. BY Title: Attest Title: 575-060-33 RIGHT OF WAY OGC -08/09 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: District Secretary Stacy L. Miller, P.E. Print Name Attest: Name/Title: Helen Shaheen, Executive Secretary (SEAL) LEGAL REVIEW: District Counsel Alicia Trujilli, Esq. Print Name 575-060-33 RIGHT OF WAY OGC -08/09 Page 5 of 5 ADDENDUM This is an Addendum to that certain Lease Agreement between SEE SEPARATE ADDENDUM ATTACHED and the State of Florida Department of Transportation dated the day of In addition to the provisions contained in said Agreement, the following terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (b) of said Agreement: DO NOT SIGN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DO NOT SIGN By: Lessee (Company Name, if applicable) District Secretary BY: Print Name Attest: Print Name Title: Name/Title: Attest: (SEAL) LEGAL REVIEW: Print Name District Counsel Title: Print Name ADDENDUM TO LEASE AGREEMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Item/Segment No.: 2488311 Managing District : Six State Road Al A & 856 County Miami -Dade Parcel Nos. 653 & 654 THIS IS AN ADDENDUM to that certain Lease Agreement (the "Agreement") between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Lessor) and THE CITY OF SUNNY ISLES BEACH, a Florida municipal corporation (Lessee), and hereinafter collectively known as the "Parties", dated the day of 2021. In addition to the provisions contained in said Agreement, the following terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (b) of said Agreement, and is incorporated therein. Section 1. Property and Term is hereby modified to include the following: The parties entered into a lease agreement dated July 18th, 2011, wherein Lessee had an option to renew the lease agreement for an additional ten (10) years. The parties are entering into this Lease Agreement as a result of Lessee's election to exercise its option to extend the lease term for an additional ten (10) years ("Extension"). Upon termination of this Extension, the following will apply: Department procedures require that excess parcels be reviewed every ten (10) years or in this case, upon the termination of this Extension period, in order that the Department may determine whether the parcel is required for transportation purposes or remains available for sale or lease ("Department Review"). In the event that Lessee intends to re -let the parcel upon expiration of the lease term pursuant to this Lease Agreement, Lessee shall provide one -hundred and twenty (120) days prior written notice to Lessor so that Lessor may timely undertake its Departmental Review of the parcel. If at such at time it is determined that the parcel continues to be available for lease, a new lease agreement will be required with new terms and conditions. Section 2. USE: Use of the parcel shall be for the following: • Public parking for fee for the general public ; • Lessee's Public Works storage area; • Basketball court for public use. Section 3. RENT, is hereby modified as follows: Notwithstanding the provisions of Paragraph 3, the Parties agree that the Lessee shall pay Lessor, as rent, forty (40%) percent of all gross revenues collected from the use of the leased area. The Parties further agree the Lessee shall bear all expenses and operational costs from its sixty percent (60%) share of all gross revenues. Revenues Page 1 of 4 1_0 _ ► I W1 J19fel WITiA - zi =1 4 1, l I =1 ► STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Item/Segment No.: 2488311 Managing District : Six State Road A1A & 856 County Miami -Dade Parcel Nos. 653 & 654 shall be described as any and all revenues received from the Lessee as a result of the use of the leased area, including but not limited to metered parking, parking for fee, and recreational and vending concessions, if any. Rent payments shall continue to be made quarterly on or before the 1 st day of the third month following the preceding three months in which such revenues were received which commenced in February 1, 2011. Each quarterly payment shall be accompanied by a Lessee's signed statement which shall state the total amount of revenues for the period covered and the computation of the rental payment due Lessor. In addition, the Lessee shall provide the Lessor with an annual statement of the proceeds for each 12-month period of the term, within 30 days from the end of the prior 12-month period; such annual statement to be signed by the Lessee and certified by a Certified Public Accountant. The Lessee shall make all rental payments and submit all revenue reports required by this arrangement to the address in Paragraph 3 of the Lease Agreement. The Lessee shall maintain a set of books, accounts and records covering the operations that are subject to this Agreement, said books, accounts and records to be of the same types as those customarily used in these types of operations in accordance with accepted accounting practices and standards for such period of time as is provided herein. Lessor shall be permitted upon three -business days prior written notice to Lessee to examine and audit, during ordinary business hours, by or through its officers, employees or representatives of the Lessor, such records and books of account, provided that the Lessee shall not be required to maintain such records and books of account pertaining to operations within the property occurring during any annual period for more than three (3) years after the end of each annual period. Section 4. IMPROVEMENTS, is hereby modified to include the following: Notwithstanding the provisions of Paragraph 4, the following shall apply: Lessee requested and received approval from the Lessor for the installation of a mobile unit to serve as the City's Public Works building and to construct a public basketball court in accordance with the design plan attached hereto as Exhibit B and with the following conditions: a) Pier foundations must be located prior to any digging or excavation in the vicinity of the piers. b) No drilling shall be allowed on the pier foundations, columns or any other member of the structure. c) Improvements shall not interfere with existing drainage and utilities in the right of way. Page 2 of 4 ADDENDUM TO LEASE AGREEMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Item/Segment No.: 2488311 Managing District : Six State Road Al A & 856 County Miami -Dade Parcel Nos. 653 & 654 Any changes or additions to the improvements, as described in Exhibit B, will require additional prior approval in writing by the District Six Secretary. Lessor reserves the right of access to the leased property to inspect, maintain and make any repairs to any part of State Road 856 and its structures located within the leased parcel as necessary., it being understood and agreed, however, that Lessee shall remain liable and responsible for any and all damages caused by or resulting from Lessee's use of the leased property. All improvements and any refuse, contamination or other diminution of the property, occurring during the Lessee's use of the leased area shall be removed or rectified by Lessee as requested by Lessor. Section 5. MAINTENANCE, is hereby modified as follows: Notwithstanding the provisions of Paragraph 5, the Lessor shall have the right to enter the leased property at any time for the purposes of inspection without prior notice. The Lessor agrees to give the Lessee one week notice prior to routine repairs or maintenance of the bridge structures within the leased property. In the event repairs entail removal or temporary relocation of any of the Lessee's improvements to avoid damaging said improvements, the Lessee shall remove or relocate said improvement(s) at its own cost and expense and in a timely manner as to not delay the Lessor's scheduled repair work. In the event of an emergency repair that requires the Lessor to remove and/or relocate any of the Lessee's improvements, the Lessee hereby agrees not to hold the Lessor, its officers, employees, agents and/or representatives responsible for the cost and expense of any reconstruction or repairs necessary to the Lessee's improvements after the emergency repairs have been made. Section 6. INDEMNIFICATION is hereby modified to include the following: To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Lessor and all of its officers, agents and employees from any claim, loss, damage cost, charge, or expense arising out of any act, error, omission, or negligent act by Lessee, its agents, employees, or the general public during the performance of the Lease or from any damage or liability that may arise from Lessee's, its agents', employees', or the general public's use of the Lease Parcel, including but not limited to, any damage or liability to the Property in conjunction with or resulting from Lessee's, its agents', employees', or the general public's use of the Lease Parcel. Page 3 of 4 ADDENDUM TO LEASE AGREEMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Item/Segment No.: 2488311 Managing District : Six State Road A1A & 856 County Miami -Dade Parcel Nos. 653 & 654 Section 9. MISCELLANEOUS, Section d., first sentence, is hereby modified as follows: Lessee shall not sublet the property or any part thereof, nor assign this Lease; this Lease is being executed by Lessor upon the credit and reputation of Lessee. All other terms and conditions of the Lease Agreement remain unchanged and are hereby confirmed and ratified by the Lessee and Lessor. In the event of any conflict between the Agreement and this Addendum, the provisions of this Addendum shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the Lease Agreement as of this day of , 2021. CITY OF SUNNYSLES BEACH (Less Name: Title: Attest: Name: WMIJIM&LO w.�WWWX Title: - ifqcLtJL. ' 3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Lessor) By: District Secretary Name: Stacy L. Miller, P.E. Attest: Name/Title: , Exec. Secretary Legal Review Name: Page 4 of 4 District General Counsel Alicia Trujillo, Esq. EXHIBIT "A" LEGAL DESCRIPTION LEASE PARKING LOTS # 1 & 2 CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA That portion of State Road No. 856 Right -of -Way as shown on State of Florida Department of Transportation Right -of -Way Map for Section 87013-2509 lying in Section 2, Township 52 South, Range 42 East, Miami -Dade County, Florida, being more particularly described as follows: BEGINNING at the Southwest comer of GALAHAD-DADE plat, according to the Plat thereof, as recorded in Plat Book 92, Page 16, of the Public Records of Miami -Dade County, Florida said point being located on the Northerly Right of Way line of State Road No. 856, as shown on said State of Florida Department of Transportation Right -of -Way Map for Section 87013-2509, sheets 7 & 8'of I 1 sheets and on Construction Plans of Proposed State Road No. 856, Section 87013-3511, Sheet 16, said point also being located on the are of a curve concave to the North and whose radius point bears North 10°31'52" East; THENCE Easterly on said Northerly Right of Way line of State Road No. 856 and on the arc of said curve having a radius of 1,829.86 feet, through a central angle of 12°31'41 ", an are distance of 400. It feet; THENCE North 88000'01" East on said Northerly Right of Way line of State Road No. 856, a distance of 695.84 feet to the intersection with the Northerly projection of the West face of the bridge abutment for Ramp 'A', as shown on said State of Florida Department of Transportation Construction Plan Section 87013-3511; THENCE South 02°40'03" East on said projection and on said West face, a distance of 50.25 feet to the intersection with the South face of a retaining wall and the back of a continuous concrete curb and gutter for Ramp A, as shown on said State of Florida Department of Transportation Construction P1ans.Section 87013-3511. THENCE on said South face of a retaining wall and the back of a continuous concrete curb and gutter for Ramp A the following five (5) courses and distances: 1. North 87" 16'41" East, a distance of 300.35 feet; 2. North 79"22'00" East, a distance of 39.93 feet to a point on the arc of a non -tangent curve concave to the North, whose radius point bears North 02'4903" West; 3. Easterly on the arc of said curve having a radius of 143.00 feet, through a central angle of 28°32' 19", an arc distance of 71.23 feet to a point on the arc of a non -tangent curve concave to the Northwest, whose radius point bears North 30020,431, West; 4. Northeasterly on the arc of said curve having a radius of 174.00 feet, through a central angle of 16° 12'54", an arc distance of 49.24 feet to a point of reverse curve with a curve concave to the Southwest; 5. Southeasterly on the arc of said curve having a radius of 0.50 feet, through a central angle of 141143'42", an arc distance of E24 feet to the intersection with the Westerly back of curb of the South bound lane of State Road A-lA, as shown on said State of Florida Department of Transportation Construction Plans Section 87013-3511. THENCE South 05°10'05" West on said Westerly back of curb of State Road A-lA a distance of 170,83 feet to the beginning of a tangent curve concave to the Northwest, said curb also being on the North back of curb of a continuous concrete curb and gutter for Ramp C, as shown on said State of Florida Department of Transportation Construction Plan Section 87013-3511. THENCE on said back of a continuous concrete curb and gutter and Northerly face of a retaining wall along Ramp C the following four (4) courses and distances: - _ C*xduw 6 , I. Florida Department of Transportation, District V1 Item/Seg No.: N/A Sec/Job No.: 87013-2509 18W Eller Drive, Suits 600 FAP No. : N/A .- x `Fort Lauderdale, Florida 33316 State Road No.; (852)856 ' Ph954.921.M1 Fax 954.921.6809 one: County: Miami -Dade h Certitienie of Authorization Na. LB 8791 Parcel No.: Parking Under SR $56 Sheet l of_ft r EXHIBIT "A" LEGAL DESCRIPTION LEASE PARKING LOTS ## 1 & 2 CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA 1. Southwesterly on the arc of said curve having a radius of 0.50 feel, through a central angle of 78001'36", an arc distance of 0.68 feet to a point of compound curve with a curve concave to the North; 2. Westerly on the are of said curve having a radius of 566.96 feet, through a central angle of 1715'54", an arc distance of 170.94 feet; 3. North 791132'25" West, a distance of 178.00 feet to a point on a curve concave to the South; 4. Westerly on the are of said curve having a radius of 392.00 feet, through a central angle of I r 15'29", an arc distance of 83.87 feet to a point on the North face of the Bridge abutment of Ramp 'D', as shown on said State of Florida Department of Transportation Construction Plan Section 87013-3511. THENCE South 01147'55" East, on said Northerly face of the Bridge abutment of Ramp'D' a distance of 77.82 feet to the intersection with the Southerly Limited Access Right of Way line the of State Road No. 856, as shown on said State of Florida Department of Transportation Right -of -Way Map, for Section 87013-2509. THENCE South 86°54'07" West on said Southerly Limited Access Might of Way line the of State Road No. 856 a distance of 880.19 feet to the intersection with Easterly line of a Sewage Lift Station area as defined by the back of curb of the Parking areas as shown on plans prepared by Greiner Inc. for Dade County Public Works Department and dated May 28, 1991, of the parking Area under State Road No. 856; THENCE on said back of curb of the Parking areas the following five (5) courses and distances: 1. North 07014'59" East, a distance of 5 t.93 feet to the beginning of a tangent curve concave to the Southwest; 2. Northwesterly on the arc of said curve having a radius of 5.00 feet, through a central angle of 90000'00", an are distance of 7.85 feet; 3. North 82°45'01" West, a distance of 73.09 feet to the beginning of a tangent curve concave to the Southeast; 4. Southwesterly on the are of said curve having a radius of 5.00 feet, through a central angle of 90100'00", an are distance of 7.85 feet; 5. South 07°14'59" West, a distance of 37.80 feet to the intersection with said Southerly Limited Access Right of Way line the of State Road No. 856; THENCE on said Southerly Limited Access Right of Way line of State Road No. 856 the following two (2) courses and distances: 1. North 67°30'28" West, a distance of 5.41 feet; 2. North 78°20'19" West, a distance of 174.76 feet to the intersection with the Easterly Right of Way of Florida East Costal Canal (Intracoastal Waterway), according to the Plat thereof, as recorded in Plat Book 37, Page 3, of the Public Records of Miami -Dade County, Florida; THENCE North 11°39'35" East said Easterly Right of Way of Florida East Costal Canal, a distance of 176.96 feet to the POINT OF BEGINNING; Said lands lying in the City of Sunny Isles, Miami -Dade County, Florida, and containing 251,051 square feet ( 5.763 acres), more or less. Florida Department of Transportation, District V1 Item/Seg No.: N/A a �J. Sec/Job No.; 87013-2509 1800 Eller Drive, Suits 6W FAP No.: N/A Fort Lauderdale. Florida 33316 State Road No.: (852) 856 Phone: 954.921.'7981 Fax 954.921.8607 County: Miami -Dade ¢ � Certifleate of Authorization No. LB 6791 Parcel No.: Parking Under SR 856 Sheet 2 af_.6 EXHIBIT "A" LEGAL DESCRIPTION LEASE PARKING LOTS # 1 & 2 CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA SURVEYOR'S NOTES: 1. Not valid without the signature and original embossed seal of a Florida licensed Professional Surveyor and Mapper. 2. Lands described hereon were not abstracted, by the surveyor, for ownership, easements, rights -of -way or other instruments that may appear in the Public Records of Miami -Dade County. 3. The description contained herein and the attached sketch, do not represent a field Boundary Survey. shown hereon are it of Transnortatiou# ive to the Baseline of Ramp A, State Road 856, as shown on the State of Florida of Way Map Section Number 87013-2509, having a bearing of North 87° 19'57" East. INC. Professional/urveyor and Mapper Florida Registration Number LS 4479 LEGEND: C.A. = CENTRAL ANGLE (DELTA) FOOT = FLORIDA DEPARTMENT OF TRANS L = ARC LENGTH LB = LICENSED BUSINESS -fff —VW = ACCESS RIGHT OF WAY LINE MOCR = MIAMI-DADE COUNTY RECORDS PB = PLAT BOOK PG = PAGE POB = POINT OF BEGINNING R - RADIUS R/W = RIGHT-OF-WAY ;•ram - t^; �' �� Florida Department of Transportation, District VS - Item/Seq No.: N/A ftmm pbmm Sec/Job No.: 87013-2509 tw: ' lawBiter Drive. Suite 600 PAP No.: N/A h"i r o si Fort Lauderdale. Florida 33316 State Road No.: (852) 856 i' Phone: 954.921.7781 Pax 964.921.8807 County: Miami -Dade Certificate of Authorization No. LB 6791 Parcel No.: Parking Under SR 856 Sheet -J,of_6 4 4 EXHIBIT "A" LEGAL DESCRIPTION LEASE PARKING LOTS # I & 2 CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA f POINT OF BEGINNING GRAPHIC SCALE SOUTHWEST CORNER OF GALAHAD-DADE o 30 so 120 (P.S. 92 PG. 16. M.D.C.R.) NORTHERLY LIMITED ACCESS RIGH-OF-WAY LINE ( IN FEET ) STATE ROAD No. 856 1 inch = 60 ft. GALAHAO-OAo TRACT w R�1829.86' E (P.B. 92 PQ 16, m.D.C.R,) $12'31 '42" L c'400.12' ---.� �.-•^- g�� RCAAC, -A' (TOTAL) F0.0. ^� C STq "` NORTNERL y Rlt;�� OF- y�q~� � N s� soa e�o,s_�sos j-2 09 N�• NO, s56 r'-1 Florida OePartr^e^S --� _ Co^SR/W 4" ( J CAa9"V" 00' VQ100- SO�. Lc 7.85, 1459wW .3?80'.. ,rY._ 7W u 19" J. 41' . SOUT I"t Y LI A41 TED w t - 74 7'>' GgOrri LINE OF.A CCESS Rl 1 S 0�s ocrSrArE RpAp_OFIV -WgY t (" 8 S7 pC �v 8C a �yaR0 Fs A t856 eS 93, a) 1C RO,gp NO. �ro^sportati0856 N No 87()Rf9ht�a ^s of 13-2509 SeGtip�� J& 511 S82 4g'01- YS _ _ NOTSMAGE INCLUDED LIfT STArRw ZFmcivT k1Pm,y0 wft PRO-C&T 1695043 M�aN Mop RC S. a0' Ca, 90 00,00" L788• S07•14'89_ 51.93. S86'54'07"W 880.19' (TOTAL + -. Florida Department of Tzansportation, District V1 4 N� 1800 Eller Drive. Suite BOO Fort Lauderdale. Florida 33316 Phone: 954.9E1.7781 Fax 854.821.$8O7 ' Certiflcete of Authorization No. L8 6701 Stem/Seg No.: N/A Sec/Job No.: 87013-2509 FAP NO.: N/A State Road No.: (852) 856 County: Miami -Dade Parcel No.: Parking Under SR 856 Sheet A_of_6- a EXHIBIT "A" LEGAL DESCRIPTION LEASE PARKING LOTS # I & 2 CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA GRAPHIC SCALE 0 30 60 120 ( IN FEET ) I inch = 60 ft. R-1829.86' (P.B.92 C.C16.1+10,D.C.R.) CA=12'31'41" L=400.11' (TOTAL) N88'O0'01"E 695.84' (TOTAL) R "--NORTHERLY RIGH-OF-WAY LINE STATE ROAD No. 856 148719'57 (BASIS OF BEARINGS) �BASELIN RAMP 'A' SWE ROAD (652) 556 - - F.Q;O.T. ",MAP SECTION No, 87013-2509- -STATE ROAD o. 56 - FloPOT eporftmtat Transpo Oti RCTI 013-2509 & 1 EIEGNI SASEl1NE (AMP 'B' STA - 278t56.97 STATE ROAD (652) 856 F.D-O.L R/W MAP SEC71ON No. 67013-2509 SOUTHERLY LIMITED ACCESS RICH -OF -WAY LINE STATE ROAD No. 856 '54'07"W E&J19' (TOTAL) GOLDEN SHORES OCEAN BOULEVARD ESTATES SECTION 'C' (P.O. 51, PG. 93, µ•D.C.R.) � f . Florida Department of Transportation, District VI �er�e��eI�e� Item/Seg No.: N/A �a _+ Sec/Job No.: 87013-2509 . IWO Eller Drive, Suite 600 $AP No.: N/A y Fort Lauderdale, Florida 33316 State Road No.: (852) 856 Phone: 964.921.7781 Fax 564.921.8807 County: Miami -Dade Certificate of Authorization No. LB 6791 Parcel No.: Parking Under SR 856 Sheet .5_of_¢, 0 if GRAPHIC SCALE EXHOIT "A" 0 34 60 12 LEGAL WSCRIPTI IN LEASE PARKING 1.0" # I & 2 CITY OF SUNNY ISLES BEACR, ( IN FEET a MIAMT-DADS COUNTY, FLORIDA I inch = SU ft" GALAHAO-0414E (PR 92 Pa Ire, M.D.C:R.j N88" VO1*E 69&B4' (TOTAL) \_ NORTHERLY LIMITED ACCESS RIGH-OF-WAY LINE STATE ROAD NtN971 6 R,Ra�OaF RauP -STAtiE ) 855 F.Ck.4.T. R/W MAt SECTION Nm OM3 5M Ir FIciBo t R/W SEC onstru ction SOUTHERLY LIMITED ACCESS RICH -CIF -WAY LINE STATE ROAD No. 856 TE ROAD No, 856 SOUTH FACE OF RETAINING WALL & BACK OF CURB OF STATE ROAD No. 856, ENTRANCE RAMP 'A'--" S02 41YO 'E 5Q.2T 957'E (BASS pF 9EA1"OF kAI�'�' F.D_W, R/W 1bp SECUIN ft OMJ-35% NEST FACE OF BRIDGE H8796'41"E 300,3w (TOT; ,1TMEN7 FOR RAMP 'A' No. 7013-2509 & of SwAion 87013-3511 SST FACE OF BRIDGE ABUTMENT FOR RAMP 'D' I S01.47'55-E 77.82' 8a},19'(TOTAL) GGLCkEN S;40nS OCEAN EIDULEVARD ESTATES SECTION W (P,B_ S,, PG_ 91 M.0,C•R-) NORTHERLY FACE OF RETAINING MALL & BACK OF CURB QF STATE ROAD No, 856 RAMP 'C' N79'32'2rW 178.01Y (TOTAL) CA=12'1572$" L=8&87' 9ASTk9 RAMP 'V- STATE RM 5% FROLT. R/W MAP SECVI N& PW3--2509 L� IF MAHAa-SAVE r BACK OF CURB OF R-143�.UO' CA=211 `32'19" L- 71.23 STATE ROAD No. 856 GASEuxE RAMP W-STATE ROAD (aw) e% : ENTRANCE RAMP 'A' ! �iJ F.D,QT. Rlw ueP SECTefidr No. a543-25W "S 4 R-0.56' - $7419'57'�E (BASIS OF BEIGS)- -- x CA-141'4$'A'" L-1.2$' 0 ftAUIF 'A'- STATE ROAD Np, 459 t�79�2 Q0"E � � . y,..� m F_0,0J, R/W 1dCIP SESTM HIL W03-250 39.93 x... R174.00' - fd87'1fi 11 EOD.35 iUI AL GA-16'12'ra4" L=M24' w I M W SOUTH FACE OF RETAINING WALL & BACK OF CURB i _ U) OF STATE ROAD No_ 856 ENTRANCE RAMP 'A` i STATE ROAD No. 856 0 8 z U z -- Flodid+a Department of Trorlsportotimn Q -3 h J t-of-Way bop SECTION No. 87013- 2505 ON- � � V - ran Y ht7g- 2'5 178 BACK OF CURB OF �'� a - 7 .00 STATE ROAD No. 856 RAMP 'C' 115 bic & 8AC'1( Y F' cE { - R"aGfi.9 Of,w mw sECTmm era• gwa salRA f � ' ROAD Afo CO'62B Or ---- CAm 1 *15'54* L`1 70.134' _ _� ' StA?L K+ t - CA-7B'01'36" L-0.68' ;t ! Florida Da15art=QAt of Transporta�tion, bistsict 9I Item/sag Mo.: N%A Sec/job No.: 87013-2509 =' 1888 ®ler OrbeFAPB No.; N/A = } Pon Lauderdale, norlde MMS State Road No.: (852)856 a: b Phone: 96C921.7791 Pax 964.M.8M county. mi,and Dade = ` CeKinmmts of Autharka tan No, LB 9791 PAYCo1 go.: Pa king Under 5R 856 Shoot .6 of-;t d .i L --� CL II I CL ti a�i ? *- y .• �x ' m bnN AVV SNIllOOI VGb�C aca� 3( N nT "• - s ' - - OAIS OLLNVUV C7 �,0; 5°� ®N 3 F a N m 5 1 7 m. SC7�^ izss a i 3 14 ' = o sl Y TJ ei %. 0 a> _cc% — ro 0.Z_. U c7 ~' ° °�^ m fJ OS` -- _ )�CL a� C v r46 1 6 s 6f _ca � 11 rT N i l`i