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HomeMy WebLinkAboutReso 2024-3658RESOLUTION NO. 2024 - 5-W A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, REQUESTING A WAIVER OF THE BIDDING REQUIREMENT SET FORTH IN CHAPTER 62 OF THE CITY'S CODE OF ORDINANCES; APPROVING AN AGREEMENT WITH STAN WEAVER AND COMPANY FOR THE PURCHASE AND INSTALLATION OF EXHAUST FANS AT GATEWAY CENTER, IN AN AMOUNT NOT TO EXCEED SEVENTY-NINE THOUSAND THREE HUNDRED SIXTY-EIGHT DOLLARS AND SEVENTEEN CENTS ($79,368.17); AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach (the "City") is the owner of the property located at 151 Sunny Isles Boulevard, known as Gateway Center ("GWC"); and WHEREAS, the City is in need of a contractor to furnish and install 4 energy efficient exhaust fans in the kitchen of the GWC (the "Services"); and WHEREAS, GWC is currently equipped with an exhaust fan system purchased from Greenheck Fan Corporation ("GFC"); and WHEREAS, GFC authorizes third party representative to sell their products and assigns specific regions to each third party representative; and WHEREAS, Stan Weaver & Company (the "Contractor") is the third -party representative assigned to the Miami -Dade, Broward, and Monroe counties; and WHEREAS, the Contractor is a certified and insured company, and has expressed the ability and desire to provide the desired Services to the City; and WHEREAS, pursuant to Section 62-12 of the City's Purchasing Code the City Commission may authorize the waiver of competitive bidding procedures upon the City Manager recommending that it is in the City's best interest to do so; and WHEREAS, based on the need for continuity in service, the City Manager has recommended the waiver of the competitive bidding requirements of Chapter 62 of the City's Code of Ordinances; and WHEREAS, the City Commission wishes to accept the City Manager's recommendation to waive the bidding requirements of Chapter 62 of the City's Code of Ordinances and approve an Agreement with the Contractor to provide the desired Services to the City, in an amount not to exceed Seventy -Nine Thousand Three Hundred Sixty -Eight Dollars and Seventeen Cents ($79,368.17), which includes a ten (10%) contingency, attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: @BCL@ECOAAAA2.doc Page 1 of 2 Section 1. Waiver of Bidding Requirements. The City Commission hereby waives the bidding requirements of Chapter 62 of the City's Code of Ordinances. Section 2. Approval of Agreement. The City Commission hereby approves an Agreement with Stan Weaver & Company to furnish and install 4 energy efficient exhaust fans in the kitchen of the Gateway Center, in an amount not to exceed Seventy -Two Thousand One Hundred Fifty -Two Dollars and Eighty -Eight Cents ($72,152.88), which includes a ten (10%) contingency, attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution will become effect' e u on adoption. PASSED AND ADOPTED this 16th day of 20 4. ATTEST: of Mauricio B tanc r, CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 64fi&i� ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:,155%_� �ir7 Seconded by: �Lt Vote: Mayor Svechin Z(Yes) (No) Vice -Mayor Lama Yes) (No) Commissioner Joseph Yes) (No) Commissioner Stuyvesant(Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@ECOAAAA2.doc Page 2 of 2 S,NNY l,{F of �mm u AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH 4F, Y'y iICRO"tr AND STAN WEAVER AND COMPANY CONTRACT NO. 2024-8724 THIS CONTRACTLU�AL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this � day of May 2024, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and STAN WEAVER AND COMPANY, a State of Florida corporation (hereinafter referred to as "Contractor") whose Federal Employer Identification (FEI) No. is 59-1783691. RECITALS WHEREAS, the City is in need of a Contractor to purchase and install four (4) energy- efficient exhaust fans in the kitchen located at Gateway Park, as more particularly described in Attachment "A" ("Services"); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, pursuant to the City's procurement code, Section 62-12, "[t]he City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so, to obtain goods and services which cannot be acquired through the normal purchasing process due to insufficient time, the nature of the goods or services, or other factors;" and WHEREAS, based upon continuity of service and since Contractor is the assigned and exclusive authorized representative for selling and installing the exhaust fans required, the City Manager has recommended that waiver of the competitive bidding procedures as it relates to the Services, and under the terms and conditions set forth herein, are in the City's best interests; and WHEREAS, the City has conducted a good faith review of available sources and negotiation as to price, delivery, and terms for the Services; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Attachment "A" for a total amount not to exceed Seventy -Nine Thousand Three Hundred Sixty -Eight Dollars and Seventeen Cents ($79,368.17), which includes a ten percent (10%) contingency amount of Seven Thousand Two Hundred Fifteen Dollars and Twenty -Nine Cents ($7,215.29); NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. STAN WEAVER AND COMPANY City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement and Contractor's Proposal, appended hereto as Attachment "A" (hereinafter referred to collectively as "Contract Documents"). 3. SERVICES. Contractor shall provide equipment and the Services to the City pursuant to the terms and conditions set forth in the Contract Documents, to specifically include, but not limited to, purchasing and installing four (4) energy-efficient exhaust fans in the kitchen located at Gateway Park, as more particularly described in Attachment "A." The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall be for a period of three (3) months, commencing upon the issuance of a written Notice to Proceed by the City. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work from the date of specified in the Notice to Proceed and continue in a diligent manner until completion of the Services. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. Any and all terms with respect to warranties, including Sections 8 and 9 herein entitled "Warranty of Services" and "Defective Work," and those specifically provided for in the Contract Documents shall also survive termination of this Agreement. 5. COMPENSATION. During the term of this Agreement the City shall pay Contractor for Services performed under this Agreement, in a total amount not to exceed Seventy -Nine Thousand Three Hundred Sixty -Eight Dollars and Seventeen Cents ($79,368.17), which includes a ten percent (10%) contingency amount of Seven Thousand Two Hundred Fifteen Dollars and Twenty - Nine Cents ($7,215.29). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with the Contract Documents and the schedule of charges reflected as reflected in Attachment "A," under the following conditions: A. Disbursements. There are no reimbursable expenses associated with this contract. STAN. WEAVER AND COMPANY 2 03/17/2025 City of Sunny Isles Beach FLORIDA DEPARTMENT OF RonGeSaMls overnor Environmental Protection Marjory and Archie Carr Building AlexlsA. Lambert3800CommonwealthBoulevard SecretaryTallahassee, FL32303 Susan Simpson, Director, Cultural and Community Services Department Office of the City Manager 18070 Collins Avenue, 4th Floor Sunny Isles Beach, Florida 33160 Re: Mod -Renew SSL Lease Agreement # 130174356 Newport Public Fishing Pier and Restaurant Dear Ms. Simpson, Enclosed is a fully executed original Lease Agreement for your records. The original Lease Agreement, at your discretion, may be recorded in the official records of the county where the site is located. If the billing agent, phone number, or fax number change, or there is a change in tax status, please notify the DIVISION OF STATE LANDS, REVENUE SECTION in writing within 30 days of the date of any change. Thank you for your assistance and cooperation in this matter. Should you have any questions, please contact me at (850) 245-2707 or Lisa-Marie.Raulerson@FloridaDEP.gov. Sincerely, c+rr•or. Lisa -Marie Raulerson Bureau of Public Land Administration Division of State Lands State of Florida Department of Environmental Protection Enclosures Cc: File Action # 32008 This Instrument Prepared By: Lisa -Marie Raulerson Action No. 32008 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 RENEWAL AND MODIFICATION TO CHANGE SPECIAL CONDITIONS AND CONVERT FROM FEE WAIVED TO COMMERCIAL LEASE BOT FILE NO. 130174356 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 Citi of Sunni Isles Beach. Florida, hereinafter referred to as the Lessee, the sovereignty lands as defined in 18-21.003, Florida Administrative Code, contained within the following legal description: A parcel of sovereignty submerged land in Section 14, Township 52 South, Range 42 East, in Atlantic Ocean, Miami -Dade County, Florida, containing 18.545 square feet, more or less, as is more particularly described and shown on Attachment A, dated Septemberber 212011. TO HAVE THE USE OF the hereinabove described premises from December S. 2023, the effective date of this lease renewal with modification, through Apri123. 2027, the expiration date of this lease renewal with modification. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a public fishing pier with a non -water dependent ticket booth/bait and tackle shop and restaurant a life- rd station and an uatic safety center on the second floor exclusively to be used for activities only in conjunction with an upland up blit beachfront park and condominium, without fueling facilities, without a sewage pumpout facility, and without liveaboards as defined in paragraph 27, as shown and conditioned in Attachment A, and the State of Florida Department of Environmental Protection Consolidated Joint Coastal Permit No. 0295091 -001 -JC, dated October 6, 2011,. incorporated herein and made a pail of this lease by reference. All of the foregoing subject to the remaining conditions of this lease. 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual lease fee of $3,694.16, plus sales tax pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of receipt of this fully executed lease. 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. 02-07] 480 3. _WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PA]"_i_LNT: (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(32), Florida Administrative Code, derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (60/6) 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. Any breach of this lease condition shall constitute a default under this lease. 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, the Lessor is hereby specifically authorized and empowered to examine, for the term of this lease 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) the gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the entire term of this lease plus three (3) additional years. 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 P 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 33 Pages Sovereignty Submerged Lands Lease No. 130174356 481 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, 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 maybe 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 affect 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: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of this lease, current management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 11. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature arising out of this lease at its expense, and shall indemnify, defend and save and hold harmless the Lessor and the State of Florida from all claims, actions, lawsuits and demands arising out of this lease. 12. NOTICES/CONIPLIANCE/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 Sunny Isles Beach, Florida 18070 Collins Avenue, 4th Floor Sunny Isles Beach, Florida 33160 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. 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. 15. MA CE OF TACILITYMGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 16. N_ON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. Page 3 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 482 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 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 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, 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. 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 agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 23. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal 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. Page 4 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 483 24. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities except as authorized in this lease and conditioned by paragraph 30, 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 lease. 25. 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. 26. 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. 27. 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. 28. 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. 29. FINANCIAL CAPABII dTY: To assure the Lessor that the Lessee has the financial capability to undertake and operate the project authorized by this lease, the Lessee certifies to the Lessor as follows: (i) the Lessee is not the subject of a pending bankruptcy proceeding that would prohibit the Lessee from paying its lease fees, on or before the due date, with or without, as applicable, approval from the bankruptcy court or, if appointed, the bankruptcy trustee; (ii) the Lessee has no unsatisfied judgments entered against it that would impair the Lessee's financial capability to undertake and operate the project authorized by this lease; (iii) the Lessee has no delinquent state and local taxes for which it is responsible and that remain outstanding and not in dispute; and (iv) io the best of the Lessee's knowledge, there are no other matters pending or threatened against or affecting the Lessee or the Lessee's interest in the riparian upland property that would impair the Lessee's financial capability to undertake and operate, the project authorized by this lease. Any breach of this lease condition shall constitute a default under this lease. 30. SPECIAL LEASE CONDITION: The Lessee shall not rebuild or restore the non -water dependent structures included in this lease if 50 percent or more of the area encompassed by the structure is destroyed or if use of the structure has been discontinued and 50 percent or more of the structure must be replaced in order to restore the structure to a safely useable condition unless authorized by the Lessor. In addition, the use of the non -water dependent structures included in this lease shall not be converted to a new use except as authorized by the Lessor. Remainder ofpage intentionally left blank; Signature page follows} Page 5 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 484 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES } % /I - p V,(,C) , D lNX!- BOARD OF TRUSTEES O THE INTERNAL Signature.. "`' IMPROVEMENT ST OF THE STATE OF N r + FLORID Printed Name: % e I'1 - LJ L (SEAL) Address: 3800 Commonwealth Blvd BY: 77 ichardson, Chief, Bureau of Public Land TallFlUssee. FL 32399 Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for gignabi and on behalf of the Board of Trustees of the Internal 5 _ improvement Trust Fund of the State of Florida Printed Name: VL Sa Y y Q e r Address: 3800 Commonwealth Blvd Tallahassee. FL 32399 "LESSOR" STATE OF FLORIDA COUNTY OF LEON ' J n The foregoing instrument was acknowledged before me by means of physical presence this 20P . by Brad Richardson, Chief. Bureau of Public Land Administration. Division of State Lands. State of Florida Fund of the State of Florida. He is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: 7& -,Oa ' 7/24/2024 DEP Attorney Date Page 6 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 CELEDA A. WALLACE Notary t%a i 1 R'ill""'' " MnMarch 13, 2028 Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No, 485 WITNESSES: Signature: Printed Name: n Address:( 6 LuN- Avwuc- BY: Signature 6 Executing Authority Typed/Printed Name of Executing Authority Title of Executing Authority Signature: Printed Name: Address: ! ® D "LESSEE" apu"0111 The fbre&qjng instrument was acknowledged before me by means of _ psyh syhicalpresenceoronlinenotarizationthis day of ,, 20Z, by Larisa Svechin as Mayor for and on behalf of City of Sunny Isles Beach. Florida. She is personally known to me or who has produced as identification. My Commission Expires: Page 7 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 Signature of Notary Public Notary Public, State of F/-00</PA G&1 CV111,TyS Printed, Typed or Stamped Name ANGEL COLLINS Notary Pubiic • State of Florida4401E,,j,,E5j=rouqh 411MyComm. Expires Sep 4, 2027CammNationalNotaryAssn. Page 7 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 Signature of Notary Public Notary Public, State of F/-00</PA G&1 CV111,TyS Printed, Typed or Stamped Name SPL_4'0IFIC PURPOSE SURVEN Y ISLES a SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST O p, T LOCATION MAP OCT 19 2011 NOT TO SCALE SURVEYOR'S NOTES: Alit? Gi:r.ia";tt. SVSitr S 1. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED, BY THE SURVEYOR, FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP OR OTHER INSTRUMENTS OF RECORD. S UNLESBSI.E THERWISOES, FOOTINGTHIS FIRMSINFIRM HAS NOT FOUNDATIONTO LOCATE UNDERGROUND UTILITIES, TO DELINEATE ANY POSSI4. THE LEGAL DESCRIPTION SHOWN HEREON WAS PROVIDED BY THE CLIENT. 5. THIS SURVEY AND DESCRIPTION REPRESENTS A STRUCTURAL MODIFICATION OF EXISTING LEASE No. 130174386. 6. BEARINGS AND COORDINATES SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAO 1983 WITH THE 1990 ADJUSTMENT AS DERIVED FROM PROJECT NETWORK CONTROL POIN75 ATRAS. ATRA13 AND 5NC8 AS SHOWN ON SHEET B-17, LABELED `PROJECT SURVEY CONTMGL't OF THE STRUCTURE PLANS FOR NEWPORT FISHING PIER. PREPARED BY MARLIN ENGINEERING AND SAID SHEET B-17 BEING LAST DATED JUNE 1S. 2010. COORDINATES USED FOR SAID CONTROL POINTS ARE AS FOLLOWS: E_lwT Lwge 3 X (FASTING) Y(NORTHING) ATRAB 942881.022 581318.987 ATRA13 944365.762 581391.854 ENCS 944578.010 BOULEVARD ( 581183.730THETATEROAD ) ( ) SHOWN HEREONEREON WE EELINES FOR UESTA13UNNY SHEDEBYH CALCULATION IJSNG COORDINATES SHOWN ON SMO'PROJECT SURVEY CONTROL" SHEET. BEARNCS SHOWN HEREON ARE RELATIVE TO A CENTERLINE OF STATE ROAD 826 (SUNNY ISLES OCEAN BEACH BOULEVARD) WITH SAID LINE HAVING A REARING OF NORTH N87-18-11 EAST THE CENTERLINE OF CONSTRUCTION FOR THE PROPOSED PIER AND THE LOCATION OF THE PILES, AS SHOWN HEREON, WERE c ESTABLISHED BY CALCULATION USING COORDINATES AND DIMENSIONS SHOWN ON SHEETS 8-18 THROUGH 8-22 OF SAID ci STRUCTURE PLANS FOR NEWPORT FISHING PIER. S. T1-4239 THE DIMENSIONS AND LOCATION OF THE RESTAURANT WERE TAKEN FROM THE PLANS TITLED 'REPLACEMENT OF NEWPORT C FISHING PIER AND RESTAURANT'. LAGELE0 'PERMIT DOCUMENT SET, NOT FOR CONSTRUCTION- AND LAST DATED DECEMBER CITY OF SUNNY ISLES BEACH 1 7. 2010. a 7. ELEVATIONS SHOWN HEREON ARE RELATIVE TO NORTH AMERICAN VERTICAL DATUM OF Ism. TIDAL BENCH MARK STAMPING NO. 1 1973, DESIGNATION 872 3050 TIDAL 1, M0NUMENTA11OX: TIDAL STATION DISK VM N0.5752 PID NO.AC 3279, AGENCY/DISK TYPE: NOS, SET71NO CLASSIFICATION: CONCRETE MANHOLE COVER, OES&PTION: THE BENCH MARK IS N gTHENCORNEROFACONCRETEMANHOLECOVERNEARTHEFOOTOFTHENEWPORTFISHINGPIER: IN LINE WITH THE CEN7ERLNE OF SUNNY ISLES BOULEVARD; 17.1 M (58.2 fT) SW OF THE SW CORNER OF A TACKLE SHOP; 10.3M (33.9 FT) FENCE SEAWALL N oNORTHOFAWIREATOPAAROUNDTHECASTAWAYSHOTEL: AND 0.3 M (1 FT) ABOVE GROUND LEVEL. GENCH MARK IS A DISK SET FLUSH IN A CONCRETE MANHOLE COVER. ELEVATION- 9.04 (NAVO 88)(BECHMARK Ti DTHE ESTROY) m B. THE MEAN HIGH WATER (MHW) DATA SHOWN HEREON WAS OBTAINED FROM THE LAND BOUNDARY INFORMATION INTERNET c WEMSI7E (WWW.LASINS.DR ) IN MAP.THE MEAN HIGH WATER ELEVATION AS SHOWN HEREON WAS ESTABLISHED BY a EXTENOINCC THE ELEVATION SHOWN AT MEAN HIGH WATER INTERPOLATION POINT 940. 872-3050, z S. THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE LOCATION OF THE PROPOSED PIER IN RELATION TO THE 0V$ RECORDED SOVEREIGNTY SUBMERGED LAND LEASE. w o: Attachment A Page 8 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 487 Calvin, Giordano € Associates, Inc EXCEPTIONAE SOLUTIONS NEWPORT FISHING PIER N. T. S. T1-4239uC IIKQEIc D,Na SaelUl, FartwAen4k RWh 3331/ , CITY OF SUNNY ISLES BEACH 1 Q Phew 9311MI.71Ei , For. 854.931.11D7 MIAMI-DADE COUNTY, FLORIDA We d c rcUkste a! AulLarlo,Llan BY81 09-21-11 see left 10 Attachment A Page 8 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 487 SPi-tNFIC PURPOSE SURVEY DESCRIPTION OF LAND LEASE FOR NEWPORT FISHING PIER A PORTION OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI—DARE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT DADE COUNTY COASTAL CONSTRUCTION PERMANENT REFERENCE MONUMENT DESIGNATED AS STATION 87-78—A-05 AT COORDINATES Ye573.636.558, K=788,259.795; THENCE NORTH 02735'35" EAST, FOR A DISTANCE OF 2,586.37 FEET TO A POINT, THENCE NORTH 00'29'28' WEST, FOR A DISTANCE OF 1,681.45 FEET TO DADE COUNTY COASTAL CONSTRUCTION PERMANENT REFERENCE MONUMENT DESIGNATED AS 87-78—A-04 POSITIONED AT COORDINATES Y -577.9D3.659, K=780,362.484 ; THENCE NORTH 04Y)1'17' EAST, FOR A DISTANCE OF 855.67 FEET TO A POINT; THENCE NORTH 01'29'13" EAST, FOR A DISTANCE OF 551.61 FEET TO A POINT; THENCE MORIN 0030'05" EAST, FOR A DISTANCE OF 446.46 FEET TO A POINT; THENCE NORTH Gr3116' EAST. FOR A DISTANCE OF 383.79 FEET TO A POINT; THENCE NORTH 02'07'43" EAST. FOR A DISTANCE OF 401.18 FEET TO A POINT; THENCE NORTH 0241'54' WEST, FOR A DISTANCE OF 437.00 FEET TO A POINT; THENCE NORTH 58'48'39' EAST. FOR A DISTANCE OF 116.87 FEET TO A POINT ON THE NORTH—RIGHT—OF WAY UNE OF STATE ROAD 826 SUNNY ISLES OCEAN BEACH BOULEVARDI SAID POINT BEING ALSO LOCATED ON THE SOUTH PROPERTY UNE OF WESTGATE MIAMI BEACH, A CONDOMINIUM. OESCRIBED IN OFFICIAL RECORD BOOK 17116. PAGE 1478 OF THE PUBLIC RECORDS OF MIAMI—DACE COUNTY, FLORIDA; THENCE CONTINUE ALONG THE NORTH RIGHT—OF—WAY OF SUNNY ISLES OCEAN BEACH BOULEVARD ON A BEARING OF NORTH 8717'49" EAST (NORTH 86'20'46' EAST FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, STATE ROAD NO. 526, SECTION 87170-2517. SHEET 4 OF 8) FOR A DISTANCE OF 120.89 FEET TO A POINT WHERE DADE COUNTY COASTAL CONSTRUCTION LINE SHOWN IN PLAT BOOK 74, PAGE 25. RECORDED FEBRUARY 10, 1962 IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA INTERSECTS THE NORTH RIGHT OF WAY UNE OF AFOREMENTIONED SUNNY ISLES OCEAN BEACH BOULEVARD; - THENCE CONTINUE ON THE NORTH RIGHT OF WAY UNE OF SAID SUNNY ISLES OCEAN BEACH BOULEVARD FOR A DISTANCE OF 271.51 FEET TO A POINT ON THE DADE COUNTY EROSION CONTROL UNE(MEAN HIGH WATER UNE OF THE ATLANTIC OCEAN ELEVATION 1.75 FEET REFERENCE TO 0.00 FEET MEAN SEA LEVEL (NORTH AMEWCAN VERTICAL DATUM) SHOWN ON A MAP FILED AUGUST % 1988 IN PLAT BOOK 134, PAGE 47 OF THE PUBLIC RECORDS OF DADE COUNTY, STATE OF FLORIDA; AND ALSO BEING THE MOST WESTERLY LINE OF SOVEREIGNTY SUBMERGED LAND LEASE FOR NEWPORT FISHING PIER, AS CONTAINED IN THE STIPULATED SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL AND MODIFICATION TO REFLECT CHANGE IN OWNERSHIP AND CHANCE DESCRIPTION OF USE RECORDED IN OFFICIAL RECORDS BOOK 26519, PAGE 3725. OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. SAID POINT BEING ALSO THE POINT OF BEGINNING Of THE FOLLOWING DESCRIBED LAND LEASE AREA; THENCE NORTH 0710'35 EAST. ON SAID EROSION CONTROL LINE AND WESTERLY LINE OF SAID SOVEREIGNTY SUBMERGED LAND LEASE FOR NEWPORT FISHING PIER FOR A DISTANCE OF 34.92 FEET TO A POINT; THENCE NORTH 8717'49" EAST, OUT TO THE ATLANTIC OCEAN FOR A DISTANCE OF 10294 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE SOUTH 02'42'11' EAST, FOR A DISTANCE OF 9.00 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE NORTH 8717'49' EAST, FOR A DISTANCE OF 55288 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE NORTH 0242'11' WEST, FOR A DISTANCE OF 3C.oO FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE NORTH 8717'49' EAST, FOR A DISTANCE OF 41LOO FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE SOUTH 02'42'11' EAST, FOR A DISTANCE OF 65.00 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE SOUTH 87'17'49' WEST. FOR A DISTANCE OF 46.00 FEET -TO A POINT IN THE ATLANTIC OCEAN; THENCE NORTH 02'42'11" WEST, FORA DISTANCE OF 15.00 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE SOUTH 871249" WEST. FOR A DISTANCE OF 552.85 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE SOUTH 02'42'11' EAST, FOR A DISTANCE OF 12.00 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE SOUTH 8717'49" BEST, FOR A DISTANCE OF 110.08 FEET TO A POINT ON THE AFOREMENTIONED DADE COUNTY EROSION CONTROL UNE; THENCE NORTH 0710'35' EAST (PLAT BOOK 134. PACE 47), ON SAID DADE COUNTY EROSION CONTROL LINE FOR A DISTANCE OF 8.70 FEET- TO THE POINT Of BEGINNING. ALL OF THE ABOVE LYING AND SITUATE IN A PORTION OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST, COUNTY OF DADE, STATE OF FLORIDA, CONTAINING 18,545 SQUARE FEET MORE OR LESS. DESCRIPTION OF PORTION OF RESTAURANT LYING SEAWARD OF THE EROSION CONTROL UNE A PORTION OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST. MIAMI—DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOUjOWS: D AT TOFISOALEOF SCOLLINS AVENUE) THE BASELINE RIF STTEA26RDBSELE8BECHBOUVAARRO)A;AST ON A ANT OkpNTRANSPORTATION ION —OF—WAYMAPSFOROA7S3LDATEDFEBRUARYAND (LAST DATED Ai , 1 OF 8 SHEETS; FEET TONTHEHIN 7RSECIlONEAST NA UNEB50.OUONFEET EASTOFOANDePARALLEL WIN SAID BASELINEHOFDSURVEY OFASTATE ROAD A -1—A COLLINS AVENUE Calvin, Giordano 5 Associates, Inc.: PflO - eHE TNEWPORTFISHINGPIER lExCEPTIONAISOLUilON3 N. T. S. 11-4239 ple9otw Dnwsnae9o,FonUudWdalbAda111Is CITY OF SUNNY ISLES BEACH r oa 2ogFk-955.9na1at fm 954.WLIPW MIAMI-DADE COUNTY, FLORIDAia CertRlcata of Autharhatlaa 6791 09-21-11 see le(( 10 d - Attachment A Page 9 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 488 SP,CIFIC PURPOSE SURVEY CONTINUED THENCE NORTH 08'30'23" EAST ON SAID PARALLEL UNE, A DISTANCE OF 38.51 FEET TO A PRINT OF INTERSECTION WITH THE WESTERLY PROJECTION OF THE NORTHERLY RIGHT—OF—WAY UNE OF SAID STATE ROAD 826 (SUNNY ISLES OCEAN BEACH BOULEVARD); 714ENCE NORTH 87'1749' EAST ON SAID WtSTERLY PROJECTION OF THE NORTHERLY RICHT—OF—WAY UNE OF SAID STATE ROAD 826 SUNNY ISLES OCEAN BEACH BOULEVARD). A DISTANCE OF 421.77 FEET TO A POINT ON THE EROSION CONTROL UNE AS SHOWN IN PLAT OOK 134, PACE 47. OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA AND ALSO BEING THE MOST WESTERLY UNE OF SOVEREIGNTY SUBMERGED LAND LEASE FOR NEWPORT FISHING PIER, AS CONTAINED IN THE STIPULATED SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL AND MODIFICATION TO REFLECT CHANGE IN OWNERSHIP AND CHANGE DESCRIPTION OF USE RECORDED IN OFFICIAL RECORDS BOOK 28619, PAGE 372% OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, AND THE POINT OF BEGINNING; THENCE NORTH 07'10'35" EAST ON SAID EROSION CON7ROL LINE AND WESTERLY LINE OF SAID SOVEREIGNTY SUBMERGED LAND LEASE FOR NEWPORT FISHING PIER, A DISTANCE OF 2&11 FEET; THENCE NORTH 87'17'49" EAST, A DISTANCE OF 91.20 FEET; THENCE SOUTH 02'42.11- EAST, A DISTANCE OF 32.00 FEET; THENCE SOUTH 87'1749' WEST, A DISTANCE OF 96.77 FEET TO THE INTERSECTION WITH SAID WESTERLY LINE OF SUBMERGED LAND LEASE FOR NEWPORT FISHING PIER AND SAID EROSION CONTROL UNE; THENCE NORTH 0710'35" EAST ON SAID EROSION CONTROL LINE, A DISTANCE OF 6.37 FEET; TO THE POINT OF BEGINNING; SAID LANDS LYING IN THE CITY OF SUNNY ISLES BEACH, MIAMI—DADE COUNTY, FLORIDA. AND CONTAINING 3,008 SQUARE FEET, MORE OR LESS. DESCRIPTION OF SUBMERGED LAND LEASE FOR NEWPORT FISHING PIER LESS PORTION OF RESTAURANT LYING SEAWARD OF THE EROSION CONTROL LINE A PORTION OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST. MIAMI—DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT DADE COUNTY COASTAL CONSTRUCTION PERMANENT REFERENCE MONUMENT DESIGNATED AS STATION 87-78—A-05 AT COORDINATES Y-573.636.556, %-7813,259.795; THENCE NORTH 02'33'35" EAST, FOR A DISTANCE OF 2,58&37 FEET TO A POINT; THENCE NORTH 00'29'28' WEST, FOR A DISTANCE OF 1,6011.45 FEET TO DADE COUNTY COASTAL CONSTRUCTION PERMANENT REFERENCE MONUMENT DESIGNATED AS 87-78—A-04 POSITIONED AT COORDINATES Y-577,903.659. %-788,392.484 ; THENCE NORTH 04'11'17' EAST, FOR A DISTANCE OF 855.87 FEET TO A POINT; THENCE NORTH 01'29'13- EAST, FOR A DISTANCE OF 551.61 FEET TO -A POINT; THENCE NORTH 00'30'05' EAST, FOR A DISTANCE OF 446.45 FEET TO A PONT; THENCE NORTH 01'31'18° EAST, FOR A DISTANCE OF 383.79 FEET TO A POINT; THENCE NORTH 02'07'43' EAST, FOR A DISTANCE OF 401.18 FEET TO A POINT; THENCE NORTH 0211'54' WEST, FOR A DISTANCE OF 437.00 FEET TO A POINT; THENCE NORTH 56'48'39' EAST FOR A DISTANCE OF it6.87 FEET TO A POINT ON THE NORTH—RIGHT—OF WAY UNE OF STATE ROAD 826 SUNNY ISLES OCEAN BEACH BOULEVARDI, SAID POINT BEING ALSO LOCATED ON THE SOUTH PROPERTY UNE OF WESTGATE MIAMI BEACH, A CONDOMINIUM, DESCRIBED IN OFFICIAL RECORD BOOK 17118, PAGE 1478 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; THENCE CONTINUE ALONG THE NORTH RIGHT—OF—WAY OF SUNNY ISLES OCEAN BEACH BOULEVARD ON A BEARING OF NORTH 871749' EAST (NORTH 8620'46- EAST FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, STATE ROAD NO. 828, SECTION 87170-2517, SHEET 4 OF 8) FOR A DISTANCE OF 120.89 FEET TO A PONT WHERE DADE COUNTY COASTAL CONSTRUCTION LINE SHOWN IN PLAT BOOK 74, PAGE 25, RECORDED FEBRUARY 10. 1982 IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA INTERSECTS THE NORTH RIGHT OF WAY LINE OF AFOREMENTIONED SUNNY ISLES OCEAN BEACH BOULEVARD; THENCE CONTINUE ON THE NORTH RIGHT OF WAY UNE OF SAID SUNNY ISLES OCEAN BEACH BOULEVARD FOR A DISTANCE OF 271.51 FEET TO A POINT ON THE DADE COUNTY EROSION CONTROL LINE (MEAN RICH WATER UNE OF THE ATLANTIC OCEAN ELEVATION 1.75 FEET REFERENCE TO MOD FEET MEAN SEA LEVEL (NORTH AMERICAN VERTICAL DATUM) SHOWN ON A MAP FILED AUGUST 3. 1988 IN PLAT BOOK 134, PAGE 47 OF THE PUBLIC RECORDS OF DADE COUNTY. STATE OF FLORIDA; AND ALSO BEING THE MOST WESTERLY LINE OF SOVEREIGNTY SUBMERGED LAND LEASE FOR NEWPORT FISHING PIER, AS CONTAINED IN THE STIPULATED SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL AND MODIFICATION TO REFLECT CHANCE IN OWNERSHIP AND CHANCE DESCRIPTION OF USE RECORDED IN OFFICIAL RECORDS BOOK 26519, PAGE 3725, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, SAID POINT BEING ALSO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED LAND LEASE AREA; THENCE NORTH 0710'35' EAST. ON SAID EROSION CONTROL UNE AND WESTERLY LINE OF SAID SOVEREIGNTY SUBMERGED LAND LEASE FOR NEWPORT FISHING PIER FOR A DISTANCE OF 34.92 FEET TO A POINT; THENCE NORTH 871749" EAST, OUT. TO THE ATLANTIC OCEAN FOR A DISTANCE OF 102.94 FEET TO A PONT IN THE ATLANTIC OCEAN; THENCE SOUTH 02'42'11' EAST, FOR A DISTANCE OF 9.GC FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE NORTH 8717'49- EAST, FOR A DISTANCE OF 552.88 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE NORTH 02'42'11" WEST, FOR A DISTANCE OF 30.00 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE NORTH BT17'49' EAST, FOR A DISTANCE OF 4&0D FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE SOUTH 02'4711' EAST, FOR A DISTANCE OF 65.00 FEET TO A POINT IN THE ATLANTIC OCEAN.- THENCE CEAN; THENCE SOUTH 8717'49' WEST, FOR A DISTANCE OF 48.00 FEET TO A POINT IN THE ATLANTIC OCEAN; CONTINUED a Q Calvin, Gtordano&AsSGctates,Tc, NEWPORT FISHING PIER EXCEPTIONAL SOLUTIONS II0911 Ohe,nweauFm4mvaUpP4fta3916 CITY OF SUNNY ISLES REACH PN --83/.911.7791 Fse 851.971./167 MIAMI-DADE COUNTY, FLORIDA C -d H -W of A.lhcda°H°n 6792 N. T. S. 16d"'° 11-4239 3 10 MT¢ 09-21-11 MPoe see left Attachment A Page 10 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 489 0 9 f M a SP.-CIF.FIC PURPOSE SURVEY CONTINUED: - THENCE NORTH 0242'11'- WEST, FOR A DISTANCEOF 15.GO:FEET-TO,A POINT IN NE ATLANTIC OCEAN; - THENCE SOUTH 87'1749' WEST, FOR. DISTANCE CF SU2.68 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE -SOUTH 0242'11' EAST, FOR A. DISTANCE OF 12.00 FEET TO A.POINT-IN THE ATLANAC.00EAN; THENCE SOUTH .871749' NEST, FOR A. DISTANCE OF. 110,09, FEET TO A POINT OR -THE AFOREMENTIONED. DADE _'C OUNTY EROSION.CONTROL LINE; .. - .. .. - .. ., TtigNCE NORTH 0710'39' EAST'(PLATBOOK t34, PAGE 47Z- ON SAID-DADE COUNTY EROSION CONTROL UNE FOR A DISTANCE OF 0.70. FEET TDII+E'PQ1NT OF BEGINNING,. - - ALL. OF IME ABOVE LYING AND SITUATE IN 'A PORTION OF. SECTION. 14.TOWNSHIP. 52 SOUTH., RANGE- 42.EAST,.COUNTY OF, DADE, STATE, OF FLORIDA,.CONTAINNG 18,545 -SQUARE FEET MORE.OR LESS LESS:THEREFROM.THE FOU.OWIND.DESCRIBED RESTAUPANT'PARCEL:.. APpp RTIpp 4{ OF..SECTION 14, TOWNSHIP 52 SOUTH, -RANGE 42 EAST, MIAMI-DADE COUNTY,-FLORIDA,"BEING MORE PARTICULARLY DE6CRIBED:AS FOLLOWS COMMENCING AT. THE .INTERSECTIOV OF -THE' BASELINE -OF STATE ROAD' A -1-)A A(SCOILWS AVENUE) WITH THE BASEUNt: OF - SURVEPORTAIISNRIG!17 OF-18y2AY.L(SUNNY i5VTECRRUD' 4.SSECTION 8170-2517. SHEEM.WN 3+(FLALST DATED RUAARY 1NT K8, - 1908 AND 4 LAST O.ATggED MARCH 31...19 OF 8 SHEETS; .. D(SUNNY .. .. .) . OTINCE SO.65 iEETTD iH$ MITEPSECT10tNTi AF UNE'SOAROADFEEF FJ15T{VSDPTARALLE.L YN1H SAID .6A SEfJ NE:OF . JRVEY OF STATE ROAD A -1=A COW S AVENUEk .' ENC£ NORTH 0690'23' EASr'ON SAID PARA+IEi LINE,, A.OISTANCE-OF •3101'FEET TD A POINT. OF INT'ERSECTION.W7H.IHE WESTERLY PRO,ECTON OF -THE NORTHFiG,Y _ RIGHT-OF WAY UNE, OF- SAID. STATE ROAD. 826 *(SUNNY ISLES OCEAN BEACH - BOULEVARD);... -.. .. - .. - THENCE.NOR7H.071"V EAST ON SAID EROSION COOL LGE AND .WESTERLY LINE OFSAID'SOVEREIGNTY SUBMERGED LINO LEASE FOR NEWPORT FISHING PIER. A OISTANCE.OF 2 .11FEET; .. .. - THENCE NORTH 87117'49" EAST. A DISTANFE:OF.91.20 FEET; -- - - - THENCE SOUTH 0242'11' EAST,'A. DISTANCE. OF 32.60 FEET; THENCE SODTH 8717'49' WEST A.DISTANCE OF 95.77 FEET.TO THE INTERSECTION YIITH SAID WESTERLY LINE OF SUBMERQEO LAUD LEASE_ FOR' NEWPORT FISkNG PIER 'AND SAID EROSION. CONTROL LINE;. - .. THENCE NORTH 0716'35''EAST ON. SAID EROSION.CONTROL. UNE; A DISTANCE OF 6.37 FEET; TO THE POINT OF BEGINNING; . SAID LANDS LYING IN THETY OF SUNNY ISLES -BEACH; MIAMI-DADE COUNTY, FLORIAND CONTAINING NET :AREA 15,537 ' SQUARE,FEET (0.357 ACRESDA; ; . MORE -OR LESS... ' A AREA. TABULATION: NET AREA OF LEASE AREA. FOR '. NEWPORT FISHING. PIER a 15,537 SQUARE FEET (0,357 ACRES), OF.RESTAURANTPORTION LYING SEAWARD . OF THE EROSION CONTROL -LINE -z:108 SQUAREFEET. (0 058 ACRES)- TOTAL. AREA .. 18,5 AR FEET. 0.42 CERTIFIED TO: BOARD OF TRUSTEES OF THE. INTERNAL UIPROVEMENT. TRUST FUND OF -THE, STATFLORIDA.- E, OF - .. b SURVEYOR'S CERTIFICATE,;: o 1 HEREBY CERTIFYtycT T"H 'Sh GIFIiCa..f l1RPO5E SURVEY' OF THEPROP£MTY DESCRIBED HEREONISTRUE AND CORRECT TO ' THE BEST. OF N.. •}f OtALEpE) `. P! CEUEF -AS. RECENTLY -SURVEYED AND DRAWN - UNDER - L10 . SUPERVISION: . THIS SKETCHCOMPLIES -WIT ;:!IFI.N ICAL•9TANDAAQS SET FORTH BY THE FLORIDA STATE BOARD'.OF PROFESSIONAL SURVEYORSN. n AND MH PPETiF:w ' t7 : IDA' ADMINISTRATIVE CODE, PURSUANT TO cRWrER 472,027, FLORI STATUTEs. - DAI'#' `NATRK7AU D71 CALVIN, GIORDANO & ASSOCIATES, INC, m r fRYE96R'.:,p.•t APPER - KREINMAT1 I; 4§X9 a C&n;TG`loi&iAi NEWPORT FISHING PIER mEL` E% C E P T 19 jhd:C,- ;. '; I O; N 5 CITY:OF. SUNNY ISLES BEACHo+A9u1e: Lsnm. e I. N, T. 5. 11-4239 4, 9. Eon lydeFudhc ,9R3+eaumn1.1l3w9tIe/nOeDmaBIa9s MIAMI-DADE COUNTY, FLORIDA ivRP: leftCertDmnteoIAuthdtlon0791oOQ-2T—T1 I roaovAs see I 1.0 Attachment A Page 11 of 33 Pages Sovereignty' Submerged Lands Lease No.130174356 490 F W 1O 2 W I MNLU I I y0 I a tis I LL p I 0 ao = a W _ _ lu. U Q QW Cr A C W lil L!1 O Z m J LL O W [ w Z LUJ Cl) i ` 0! CO Cl) =NZ I Wav'O Z oI -ZU 0No VI 30 LL! LLI t U a veG u YoVO I - n 0 J • n z _ a 5 a o d a Attachment A Page 12 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 491 81 p MATCH LINE A -A SEE THIS SHEET) 1400'30'05.1"E (R) N00'30'27.0"E (C 446.464' (C&R) N01'29'13.1 "E N01'29'35.0"E 551.607' IR N04'01'17.1"E N 04'01'39.0"E 865.870' (R CONCRETE MONUMENT 87-78—A-04 MATCH LINE S -S SEE SHEET 7 OF 10) NO2'11'53.9"W 436.116' (R) NO2'11'32.0"W 437.003' (C) NO2'07'43.1"E NO2'08'05.0"E 401.175' (R N01.31'18.1"E (R) N01'31'40.0"E (C) 383.794' (R&C) Attachment A Page 13 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 492 MATCH LINE -A-A N00'29'28.0"W (R) NOo'29'06.1"W (C) SEE THIS SHEET) 1681.446' (R&C) SPECIFIC PURPOSE SURVEY LEGEND: L CENTIALINE CB CHORD BEARING N FOOT FLORIDA DEPARTMENT DF TRANSPORTATION FND FOUND o LB LICENSED BUSINESS a MDCR MIAMI -RADE COUNTY RECORDS o NO2'35'35.0"E (R) NAVO ORB NORTH AMERICAN VERIICAL DATUM OFFICIAL RECORDS BOOK c NO2'35'56.9"E (C) P.B. PLAT BOOKPG. n 2588.365'(R&C) POB PAGE POINT OF BEGINNING IS POC POINT OF COMMENCING o R/W RIGHT—OF—WAY SO FT SQUARE FEET SSLL SOVEREIGNTY SUBMERGED LAND LEASE P.O.C. CONCRETE MONUM 7 87-87—A-05 (R) RECORDED 9 S.S.L.L, AREA FND. 1' CM W/BRASS (C) CALCULATED a O.R.B. 26619, DISK STAMPED "H-020-1971" PROPOSED PILE PORTION OF RESTAURANT LYING PG. 3725, D.C.R.) SEAWARD OF THE EROSION CONTROL LINE CaMn,Glordano8Associa!nJI11C. NEWPORT FISHING PIER arm °A°"'`"' a EXCEPTIONAL SOLUTIONS Iwotsom,wueao,l"e"a.knalm3aTla CITY OF SUNNY ISLES BEACH N. T. S. 11-4239 a 4V r09-21 PI,—i54.01.V91 i..954.971.81107 MIAMI -DADS COUNTY, FLORIDA C-UUanle "T A¢thulantton alln 11 see left 10 Attachment A Page 13 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 492 U 3 LLJ r A li J O` ly z ^ a OL 30 8 133HS 33S R ° 9 00'00+0vt Vis LU o 2NII HOIVIN c 0 l$^ d y20 U W OftiBy0M7.t0,0 Yt pppypa U v 311n4y SN1l do1VaAJOSy, LJ. b WYd 1W"VM a 10'U"E3 go 00. EAVN sN N 11O a c zc 1 13?lis Hy4Hl3NAllUh3tlt7.i5Y8 CO tib 3 LLJ r A li J O` ly ii om a 3 a to LU V/ / t Z ON1 c 0 l$^ d y20 U W OftiBy0M7.t0,0 Yt pppypa U v 311n4y SN1l do1VaAJOSy, LJ. b WYd 1W"VM a TriLIti2`tl[Ic 00. EAVN sN N 11O a c zc 1 13?lis Hy4Hl3NAllUh3tlt7.i5Y8 n^ w zY_tIiGAGA a Attachment A Page 14 of 33 Pages Sovereignty Submerged Lands -Lease No. 130174356 J].% o LL Ic•cz sr a IH)N a sy ' Wyz tf (7 W 4 IW d _ f o US is a UO_ a wm0 CO LL ZT,J} Z U. 0 ZV It ..D w OMO 0L? a U who T, LU G „ Slit CO 5 a. IIOZ 'Zl JegD;30 GUOIIdll39013 10691 ppy :NOISK3U 493 01 30 6 I33HL 33S) 00.52+EL :11.-S W 1 HOIVW rtrtrtrtrtrt ll-```` .--------- 0 o Uj 1 i F I 1ccallIsisb ly.... , 3j u o LU Cn C aCLW t t a> lit EU LIJ C> ah= kIL InILL ppb 1 S ^ o o ire tom- a.o , Op 1 t1'mUJoce ro r+ 1p p 1+ '+ 0, y m1 fym y 2z w z'. H Y Fm U Fk M t' :}. 3 6 55yy _ ao m 1bg 2 i nn fg 1 _ oom CC=LL, L.3wzw zzA 0N0 d w i w y a 0 Ib z Mng 15ma8 iol- d P, MAJ p Ci E ] .. . r4 g}oO1 ClW 7 ir Ur jm }: t'r Y - i A.._ !7 A ? 5..-rr' • i S'.eti i. :. w va w 'd g c z . 1'' a t7`' l { Zai• =w . S' Uzi cGizu,m h U • n OJ7 N • del ~ W K MMMtgiii jt. { 3 y tt o m ° ri 9 s€B4O OL 30 L JL33HS 335) FD Dom. 00.00+OVL :V -LS 3Nl-1 HOJLVL J Attachment A Page 15 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 494 6 n: Yr 9y 11OZ 'ZI J9g0j0O .11d1,0s9O 10691 PPV 1NOISIAM 00 a L jYA5 Iw tP .03 /nl 9 W N z z 1 1 I 1I I I a OL AO 8 J_33HS 33S) 00'9L+LL -VIS 3NI! HOIVW Attachment A Page 16 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 C o MC'4 a I 495 F 0 M a O N Il T W J U U) 00 r Z Q U a Q oc LUam0 LL Q 1 T Z Lh LLZO ZU Dw OCO) G Attachment A Page 17 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 496 Record and re41m to: Berman Renneit Vogel & Mandler, pA 100 S.E. 2pd ShA We 29M Who FL 33191 This iastivaxat paepued lry: . Sf ft 33. Pric% Esq. Bbk SumbeVBaena Priced<Axekod LLP 200 ReWhSiaeayae Boulevard, Softie 2500 Mfami, FL 33131 When recorded, return to: 7e:geYera Citi of Sway 1slea Beach 17070 CoLBta Am m, dulls 250 Stay Tuba Beach, lrtatda 33160 11111111111 1111111H1111111111111111I1i11111 CF N 20 04RO380208 OR 8k 22317 P9s 2874 - 2889; (16pss) RECORDED 05/19/2004 16020=08 HARVEY RININP CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA 18pace Above Por Ramdaesuse Only) s 0• 777717 .0 D4441 s r WIIBRBAS, FM WAS INVESTORS, INC., {"Owner" or kGrantor'l is tba owner of the following desn'bed real property (the "Propcltp"), lying, being and situated in Sunny Isles Beacb, Miami Dade, County, Florida, and legally described as SEE CONTORM EXXH181T "A" consisting of a legal description and a skotoh) and located at 16699 Collins Avenue, Sunny Isles Beach, Florida. In accordance with Conditions M(1)(*) and (g) of Resolution No. 02-Z-66 (the 2toso1utioel adopted by the CITY OF STINKY ISLES BE&CH (the "City" or "Grantee), on February 5, 2002, the Owner, its successors and assigns.' f=l1y, voluntarily and without duress, makes the fallowing Declaration of Restrictions 'and Grant of Easements . ("Declaration') covering and running with the, Property and greats the following easement as descaW bglow: 1. Valet Parkbg Owner snail provide 24-hour valet parking far guests of the Property. This provision shall be inapplicable to service or delivery vcbicled, or emergency and uta'lityvehioles. 2. Greet_ bf basement Ownar does hemby gaunt and convoy to the City the following non -m elusive easements (collectively, (i) a beach access easement, erasatly as shown on Composite Exhihit "BB", consisting of a legal description and a sketch (the, Beach Access Basernemt"j; (ii) a ten -foot (10) landscaping streetacepe easement as per tbo City Streetscape Messier Plan along the westerly 10' of the property adjacent to Collins Avenue (the Tandscape Basemene) which shall enable theimplementation of the City Strectscape Master Plan; and (iii) an Occarrftoat Park Easement as exactly shown on Compoaite Exhibit "C", 1732651167x31# 677963 r 19 StOM 324 M a Book22317/Page2874 Page 1 of 16 Attachment B Page 18 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 497 Declaration of Restrictions and Grant of Easements Pege2 consisting of a legal descriptian'and sketclua (the "Ocefiont Park Basem enr% all of which shall be felly accessible to the public and clearly designated by mcans of signage approved in writing by the City Manager or its designee, as amenities open to all members of rho public. In addition Owner does hereby grant and convey to the- City vehicular ingress and egress for fire, polio-, health, sanitation and other public service personnel and vehicles employed and utilized by the City over the driveways and pathways ss they may coder frons time to time on the Property. 3. x.sndaegptae on the 1B"Whent Prior to the issusuce of the CerMoste of Occupancy, Owner shall pleat Isndaeaping on the Landscape Basement as required pursuant to the City's Stredscape Master Man or as otherwise approved by the City. 4. Desien. Construction sad Maintsnalce=of FAmment and Dnuroveram Owner and its successors and assigns or any condominium association managing rho common areas of the Property, shall hmm the exclusive right to deaigu, build, famish and maintain any and all improvements (includaug but not limited to landscaping, irrigation and lighting) located within the Basements. The design of the improvements and of any and all materials to be used for any and all improvements within the Basements shall be presented to the City for its approval prior to construction of such improvement, which approval &ball not be unreasonably withheld or delayed. The I=dscape Easement ah&R comply with the City Streetscaps Master Plan as approved by the City Zoning and Code Administrator. Prior to the issuance of the Certifieato of Occupancy, Owner AWI plant landscaping on the Landscape Easement as required pursuant to the City's. Strodseape Mastar Plan or as otheaviso approved by the City, owner shall at all times maintain the Easements in good condition and in a ado, clean and reasonably attractive mawwr to.a standard reasonably acceptable to the City Manager. After any landscape or other installation wWgn the Easements or any subsequent repairs amdlor maintenance themot the Owner shell restore the surface of the Beaeanems, as applicable, as new to their origind conditions as may be'possible, in tbo reasonable discretion of the •City Manager, all within a reasonable time after the installation, ropair, auclior or m andcnance of such activity described above. In the event that the Owner AM to restore or commence restoration and diligently patens scree, after receipt of thirty (30) days' written. notice from City to Owner of such Mum, then the City may restore the Baaament(s) to its (their) required condition (the City'a Right to Restore) and thereafter the Owneu shall reimburse City for the reasonable costs of such restoration, within thirty (30) days following receipt by the Owner of a reasonably docuun.earted iuvoiee (t1Ee "Iavoicel fir same. In the event reimbursement is not received by the City within the required time, City may then place a lien against the Property for the cost as documented in the Invoice. Grantor agrees that the City's lien shall be on a parity with special assessment liens and superior to all other liens excepting those of taxing authorities.. 5. a aces. As part of development of the Property, owner shall provide, in addition to the 29 existing apsees located in the adjacent property known, as Pier Park (formerly known as Gilbert Samson Park) as described on Exhibit "D", an additional 29 spaces in the 732dAId7S W 657909 v 17 5/13104 344 PM Book22317/Page2875 Page 2 of 16 Attachment B Page 19 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 498 Declaration of Restrictions and Grant of Easements Page 3 pad* garage proposed to be developed on the Property, said parking spaces to be available to the genetak public at the same price charged by the City at Pier Park. 6. . Effective Dpte. This Declaration shall not become effective until the City issues a final certificate of use and occupancy for the development approved'under City of Sunny Isles Beach Resolution 02-Z-66 as modified by any subaaquent substantial compliance approval, or as such other plans am approved at public hearing consistent with this Docleration. 7. jiiMryation. Grantor hereby reserves all rights of ownership in and to the Basements which are not inconsistent with this Declaration, iaclu rm& without limitation: (a) the A& to grant Anthm non-exclusive easements on, over, under and/or acaoas the Basements CLL, utility and/or -access easements); (b) the right to use the Easements for all uses not interfering or inconsistent with the uses pennitted herein. including, but not limited to: vehicular access and ittgmas and -egress to, over, and from the Basements and the Pm)3 W, service access to, over and ftow the Easements and the Property, installatior3, maintenance and use of utility facilities and aftosa therefore and maintenance thereof; the right to conduct any activity upon de Baseom=% which promotes the security of the Easements or the Property or any persons or property located thereon as long as public access to the beach through the Easements is continuously maintaimd. and the right to construct and maintain any signs within the Easements as may be permitted by applicable law; and (c) the amhisive agltt to dedM build, famish and maintain, e=ept fbr the City's Z& to Restore, any and all improvements (including, but not limited to, landscaping and lighting) located within the Easements, provided, however, that prior to its exercise of those rights set ft* in (a), (b) or (c) of this paragraph (5), Grantor shall obtain the approval of the City Manager, who shall deter ine, in its sole opinion, whether the proposed grant, use, or other activity is inconsistent with the grant of easements set forth herein and in the Resolution. 9. fin, demniR en. For separate consideration, the receipt and sufficiency of which is hereby acknowledged, Owner, and its suocessors and assigns hereby agree to indemnify and save the City henmlesa iiom any and all claims, liability, losses and causes of action which may arise as a result of this Declaration of Restrictions and Grant of Easements, unless such claim, IfabOy, ldas or cause of action is the result of the City's negligence. 9. City Insneetion. As 1luther part of this Declarative, it is hereby understood and agreed that any official inspector of the City of Sunny Isles Building and Zoning Department, ar its agmts duly authorized, may have the privilege at any two during normal working bouts of eateft and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 14. lansnranre Owner,.ineluding its successor and assigns, shall maintain, during the term of fids Declaration, the insurance specified below. A Certificate of immurronee "I be Sled with the City of Sutmy Isles Beach's City Manager prior to the commencement of this Declaration. No modification, change or cancellation of insurance shall be made without thirty 3 0) days' wdtiea advance•nofice to the City Manager, With'a, copy to the City Attorney. 173763067331 M 657904 v 17 3!1W 3a4 FM Book22317/Page2876 Page 3 of 16 Attachment B Page 20 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 499 Declaration of Restrictions aiud Grant of Easements Page d Public liability insurance on a comprehensive basis in an amount not less than One Million Dollars combined single limit and as aggregate of not less than Three Million Dollars for bodily injpry and property damage. The policy shall Net the City as an additional insured. The policy shall include Products Uabiility coverage if and when applicable. No modification, change, or canceUadou of fimmmea stall be made without thirty (30) days written adpance notice to the City Manager with a copy to the City Attuney. The Public Liability: Iusuraace coverage shall inalnde those algesications as listed in StmuW d LinbUity Insurance Manuals, which are applicable kft operations of Owner, its sueeossor and assigns inthe perk' »sane of Ibis DwImrstion. ,Ali insurance po&6 required above shalt be issued by companies authe4ized to do business under the laws of the State of Florida Such companies shall have a general policy holders' rating of "A" or better and a financial rating of not leas than "Class V" as reported by Best's Key Ratti}g Guide, pubiialwd by A,M, Bost Company, latest edition. Thu insurance shall be in effiet w long as the easement exists. Fail= to continue to provide the insurance coverage shall constitute a violation of the Declaration. Compliance with the foregaing requirements shall not relieve Ow=, its successors or assigns of its liability and obligations under this section or any other portion of this Declaration. The City reserves the right to reasonably amend the insurance requirements by the issuance of a notice in writing to Owner, its successors or assigns. 11. Q asaatRnnninewiththeLand. This Declaration on the part of the Owner shalt constitute a covenant running with the land and shall be recorded in the public records of Miami -Dade County, Florida and slla"II remain in fall force and effect and be binding upon the Owner, and its hairs, ouceeasors and assigns (including; without limitation, any ensuing eondomimmn association or operator of the Property) until each time as the same is modified or released. These restrictions, during their lifetime, shall be for the benefit of, *ad limitation upon, all present and future owners of the Pmperty. UmmVer, nothing contained in this Declaration shall create apublic dedication of all or any portion of the Property. 12. iga. This Declaration is to run with rile land and shall be bidding on all parties and all persons elaimbg under it for a period of thirty (30) years from the date this Declaration is recorded, after which time it shall be mrtended automatically for euccessive periods of ten (10) years each, unless an Watcument signed by a mgjbrity of they then, owners of the Property bas been recorded agreeing to change rho Declaration in whole, or is part, provided that the Declaration utas first been modified or relessed by the City. 13. ModiHmd* eudmeot. Rdatate The Easements granted m this Declaration sball be perpetual in duration; and shall not be changed, altered or amended except by instrument in writing executed -by the Owner or a majority of the then owners and the City .or their respective successors and assigns, provided that the same is also approved by the City. Commission after public hearing. Any ensuing operator or condominium association with valid 1732651167291*637403 v 17 S113f043:Lt PM Book223171Page2877 Page 4 of 16 Attachment B Page 21 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 500 Declaration ofRestrictious acid Grant of Easements Pago 5 authority to act on bcbalf of the majority of the owners of the Property may ececote, the amending insbrumemt upon subMissien of proof of authority to act on behalf of a majority of the owners. Should this Declaration be so modified, amended or released, the City Manager or such authorized desigcee shell forthwith execute. a written instramcot eEwhlating and acknowledging such modification, amendment or release 14.nforcemenit Enforcement sbstll be by action against any parties or person violating,' or attempting to violate, any covenants. Ttte pmvsftg party in any action or snit, Pertaining to or arising out of this Declaration, shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable far the services of his attorney at Mal and appelh 0 levels. This enfoxeemant provision shall be in addition to any other remedies available at law or in equity or both: 15. Amtherization for Deaamnent of Buildtna and Zonin¢ to Witbholperpr mita and Insl3eettow, In the event of failure to comply with the teams of this Declaration, in addition to any other ramedies available, the City is hereby authorized to withhold any further permits, and retiree to make any inspections or grant any approvals, until such fano as the failure to comply is cured. 16. CnfJlet, In the event of a eon0of between provisions of the Resolution and the Dcdumtion, the berms of the Resolution shall control. 17.ICleetlon ofe rg All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any ono or more shall neither be deemed to constitute an election of remedies, not shall it preclude the party exerc;Mn' the some from exercising such other: additional rights, remedies orpifteges. Ig. 6evera6tltty. Invalidation of any ams of these covenants, by judgment or Court, or law, in no way shall affact any of the other provisions, which shall remain in full foroe and effect 19. Record ue. This Declaration shall be recorded in the public records of Miami - Dade County, MOMS at the cost of the Owner. 7325MI 67231 A 637903 v 17 5/f M4324i'M Book223171Page2878 Page 5 of 16 Attachment $ Page 22 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 501 Declaration of Restrictions and Grant of Easements Page 6 Signed, witnessed, executed and acknowledged this I33 day of_ 0y _, 2004. WITNESSES: Name: E!W -7 PrintName•1kc-4xA T Aoo f7 T STATE OF FLORIDA ) eewaed COUNTY OF DEs FIVE SEAS INVESTORS, INC., a Florida cocQoration BY: Print Name• ( Y Title o1 -e r1 d,4? --p CORPORATE SEAL] e foregoingg,, iwas 'owl dged before me this —a day ofd%YI R y _, 2004, by as els `1, , of FIVE SEEAS INVESTORS, INC., a Florida corporation on behalf of the corporation. He is Personally known to me or has produced a driver's license as identification. SEAL] Printed Name: Mrooewitta ootes ea i+wywmunener. My Commission Expires: 7 1=6o01oL Notary Public, State of Florida at Large 173265%167231# 657903 v 17 5/13104 303 PM Book223171Page2879 Attachment B Page 23 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 Page 6 of 16 502 Declaration ofRestcictions and Grant of Easements 1 Page 7 MORTOAGNE JOINDER The undersigned joins in and cousattts to the forogoiag Declaration of Restrictions and Grant of Easements as the owner and holft of that certain Mortgage in favor of Chrysler Capital i Realty Ino., dated December 29, 1987 and reoorded•Deeember-31, 1987 in Official Records Book 13525, page 4630 in the amomtt of $25,000,000.00, wlvch was assigned to Intematioaai NmWng Cent, be., by Assignment recorded December'28, 1998 in Official Records Book 18408, page 2758, and that certain Coilatend Assignment of Leases and Rants recorded I December 31, 1987 in Official Records Book 13525, page 4669, as modi$ed by Modification recorded April 8, 2992 is Official Records Book 15465, page 430; recorded August 5, 1994 in i official Records Book 164670 page 170 and recorded Mauch 5, 1998 in Official Records Brook 1803, page 3163. IN ' rngMSS WHEREOF, the undersigned has executed this Joinder this / 3 day of 2004. Ii4TBRNA NFU RS ING1J,- INC., aFlorida 1r'-' STATE I OF FLORIDA / ) oware )aB. i COUNTY OF DHIOUMADE ) fgragoing ins was aorowledged before me this "3 day of tic . 2D04, by O tr'er as1= -- es, poratioo, titl of INTERNATIONAL NURSING CENTERS, INC., a Mori& ccaon behalf of the corporation. He is personally ]mown to me or has produced a driver's lieease as identiffcation. ( i[SEAL] v yc1E— aHEY Ad Mi1BEY Printed Name: S n'f w 10N# w1w a My commiasion Evirea'_ _ 7 3104 1 '02=6=W 637PM v 17 VIM Sao nd 1 Book22317/Page2880 Page 7 of 16 Attachment B Page 24 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 503 t 1 '02=6=W 637PM v 17 VIM Sao nd 1 Book22317/Page2880 Page 7 of 16 Attachment B Page 24 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 503 Declarationof astriFfione and Gant of Basements Page 8. Gt)wO8I'IT+ EXHIBIT "A" LEGAL DESCRIPTION OF LA PBRYA PARCEL A porticm of Section 14, Township 52 South, Range 42 East, Miaxo1 Dade County, Florida, being mote pa tioulmly described as follows: Commence at the intersection of Collins Avenue (Stade Road A-1 A) and Sunny Isles Ocean Beach Boulevard; thence N 87°18'19" B along the ccntmrlino of said Smmy Isles Ocean Beach Boulevard for 50.66 feel; thence N WST18" B for 67.89 feet to the point of ourvature of it circular curve to the k4 having for its elements a radius of 4083.34 feat and a central angle of Ol"30'01", said point being the Point of Beginning of a parcel of land herei udker described, said point also being on the Easterly rI& ofway line of said Collins Avenue, thence Northerly along the aro of said curve and along said $as0edy right of way for an arc distance of 106.92 feat to a ' point on the.aw of said rnuve, having a radial besting of S 8405741" E from the canter, thence N 86049118" B for a distance of 34234 feel to a point,; thence N 8300033" B for a distance of 84.00 feet to a point an file Erosion Control Line shown in Plat Book 134, Page 47 ofthe Public Records of Miami :Dade County, Florida; thence 8 07102144" W(S 07110'35" W, Plat Book 134, Page 47) along said Erosion Control Line for a distanceof 146.05 feet to a point on said Northerly tight of way line of Sunny Isles Ocean, Beach Boulevard (76'rl& of way); thence S 87018119" W along the Northerly right of way line of aforeaneationod Sunny Idea Ocean Beach Boulevard for a distance of 392.48 feet to a point of curvature of a circular curve to the right, having for its elements a radius of25.00 feet and a central angle 99°14'01", thence Westerly and Northerly along the arc of said curve for an arc distance of 43.30 feet to the Point of Beginning. Said lands lying anis taing in the City of Sunny Isles Dearly MiamiDada County, Florida MM1672M#657Mv 11 5/13X14 344 PM Book223171Page2881 Page 8 of 16 Attachment B Page 25 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 504 Page 9 Q It 4 C 83 A N ALTAfAtSAA LAND TITLE SURVEYdimu xnoownawuuw.s srmuisa mn .n.ra...oeK rrnweaHn,na voile Book22317/Page2882 Page 9 of 16 Attachment B Page 26 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 505 LEGAL DESCRIPTION - BEACH ACCESS EASEMENT; A portion of Section 14. Township 52 South, Range 42 East, Miomi--Dade Counly, Florida, being more particularly described as follows; Commence at the intersection of Collins Avenue (State (toad A -1—A) and Sunny Islas Ocean Beach Boulevard (State Road No, 826);.thence NST18'19"E along the centerline of said Sunny Isles Ocean Beach Boulevard for 50.65 feet; thence NOT32'18"E for 38.50 fact to a point on the Westerly extension of the Northerly right—of—way line of said Sunny Isles Ocean Beach Boulevard; thence N8Tl5'19'E along sold Westerly extension and the Northerlyright—of—way line of sold Sunny Islas Ocean Beach Boulevard for 349.69 feet to the Point of Beginning of the hereinafter described Easement B; thence continue NB718'19"E along soldNortherlyright—of—way line for 10.26 feet; thence departing said right—of—way IineN01'42'52"E for 42.91 feet; thence N87'18'19'E for 66.19 feet to a point an the Erosion Control Line shown In Plot Book 134 of Page 47 of the public Records of Miami—Dade County, Florida; thence N07'02'44"E along said Erosion Control Line for 10.15 feet; thence 87'18'19'W for 77.17 feet, thence S01'56'131W for 52.86 feet to the Point of Beginning. The above described perimetrical boundary of elevation 18.00 feet and below relative to theNotionalGeodeticVerticalDatumof1929. CMAININO: 1,196 sq. ft. 0.027 acres SURVEYOR'S NOTES; This site lies in Section 14, Township 52 South, Range 42 East, City of Sunny Isles Beach, Miami—Dade County, Florida. Bearings hereon are referred to an assumed value of. N87 -18'19'E for the centerline of Sunny isles Ocean Beach Boulevard. Lands shown hereon were not abstracted for easements and/or rights—of—way of records. This. is not a "Boundary Survey" but only a graphic depletion of the description shownhereon. Dimensions shown hereon are based on Fortin, Leavy. Skilee, sketch #20020-060-1. SURVEYORS CERTIFICATION; I hereby certify that this 'Sketch of Description" wail made under my responsible charge on May 7, 2004 and meets the Minimum Teehnlcat Standards as set forth by the Florida BoardofProfessionalSurveyorsandMappersInChapter5107-6. Florldo Administrative Code, Pursuant to Section 472.027, Florida Statutes. Nat valid without the signature and the original raised Goal of a Florida Licensed Surveyor and Mapper' FORTIN. LEAVY. SKILES, INC., LB3653 Daniel C. Fortin, For The Firm Surveyor end Mapper, LS20W State of Florida. LA PERLA BEACH ACCESS EASEMENT Drawn ByRJM Cad. No. 022047 JW2002D-060-1 4/7/04 Plotted; 1/23/04 J:01p Di9CR/PTM, NOTES AND CER77FICATION Date 5/7/04 FoRnN, LEAVY, S KILES, INC. era NOT TO SCALE CONSULTING BNOINSSR.S, SURVEYORS & MAPPERS Job. No. 022047 F ORWA CMTOWATH OF AUM&0RIZATwN pr MWW. 00003es9 w*. Arc.1003A-021—EtooATordrerut1694x. Braaet /Worth Mlowl neeotr. Florida. 33162 Phone: 305-633-4493/Fox 303-6s1"7t32/Emeit rlsru:, .aoar beet 1 of 3 Book22317/Page2883 Attachment B Page 27 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 Page 10 of 16 506 LU 1 ! 11021if 1 I _ t r + ZyJ h. Zru ..871 Na J r 1- 349.6Y r,atieE_—,— rr POINT OF NoeTH 1ncHr OF WAY UNE dSJR BEGINNING %MNV ISLES MACH MLEVAAO Uf uwW ISMS REACH SOULEVAM Rp ig•g ' (STATE ROAD NO.826) It &W0 STi1HET) POINT OF \— CENCOMMENCEMENTOCEAANQ2BEACHBOULEVARD I -WE OF SUNNY ES INTERSECTION OF COLLINS AVENUE AND SUNNY IS1E5 BEACH HOGRAPHIC SCALEUI.EVARA IN n" ? 1 inch - 40 «. vrmm By RUM Cad. No. 022047 er. * S. 0 2 — —1 4/7/04 Non* 1/23/04 3:01p LA PERLA BEACH ACCESS EASEMENT ETC DE Ftl ION T,f1ee 5V/7/004FOP-TIN, LEAVY, S MES, TNC. Cele /7/0 CONSULTINd RNowmw, SURVEYORS iIE Job. No. r't, RWAClaTO-CATSorA 022047 180Piort>-168th, Sheet / `00009 . No. l aQ3R-02i — Pboae: 305 653.4193 17&* 305 -677 -IM / ja u Pada 33142 00ao $heea Q of 3 Book22317/Page2884 Attachment B Page 28 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 Page 11 o€16 507 V(STAVIEW SECTION ONE LOT 1 TATUM'S OCEAN PARK z P.O, 86 PQ. 66) Pa 10 P4. eq M&RTCH L 4EKF U TRACT -A- 1 PLAZA OF THE AMERICASm SECTION ONE P.yI t06 PG, 6G) NOT A o PA Q x LA PERLA z NOT g S rTE SUBDIVIDED STATE ROAR 626' WESTBOUND r STATE ROAD 626 EASTBOUND Z x VJ WQ LOGATIOhl SKETCNOTTpALE i LA PEAL N Dr,1m aj, BEACH ACCESS EASEM EWTCad, No, RJM Ret. 072047 ]] NsD _ F' p,R tv i Date 4/7/04 0^ I N$1J(,77N},,• ; s JJE' INC 7/04 Matted: }/2S 19oD CW•GTg- pp i°res'..Vi Yd u wu,,° pjO NOt 70 S04511, 1Vonha.l4itL.6yeetA"•. ?tqN +hfAPY$vg Jab Na. CALF 6sa.g93/Aa 9 Nam M+mt SBR: aoouiaa9 022047 tDee° b' fid...13,lvo,1003A- 02 moma+n Sheat 3 0l 3 Book22317/Page2885 Page 12 of 16 Attachment B Page 29 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 508 Page 12 . LEGAL DESCRIPTION - OCEM FRONT PARK EASEMENT: MMf S40Uon 14, lbwn Mp 62 South, Range 42 Eov4 Miami—Dade County, Florida, mora partlaularly described as folt We.' Carnmenaa at the intersection of Collins Avenue (State Road Ari—A) and Sunny Islas Aaagn Beach Boulevard (tints Read Na. 828k thence N8718'19"E along the aenterllne of said Sunny Idea Ocean Beach Boulevard for 60.88 feet, then" 1108'32:18'E for 38.60 fast to a point on the Wsstargi ucteasipn of #tie Northerly right-of-way Nne of salt sunny Islas Ocean Baneh Bouhvard; thence NBT18'19'E along said Westerlyextaneton and the yorthef y right--of-way Ifna of said 5ungy Islas Ocean Beech Bauuvara fen 361.9s feat to the Point of Beginrdng of the haninoRar Weoribad OCEMt FROiJT PARK FASEMENi; thpnaa continue N6T18'19"E atopy chid Nmltnery dyhi—of—vnry Itne far 69.82 feet to o point on the Era iaq Cartrol Lkre eipwn in Plot Book 134 at Page 47 of the public Reaard4 of MTaml—Dods County, Florida; ti epcs N07 02'44'E along sold Firstar Contrpl Una for 148.A5 feet; thence S83'00'for e43 feet: thence S88.49'18iN for 0. 46, tact th naa t;01.3744"W for 1fee3e.04 feet to the Point of B ginnlny. The above described perlimstdcal boundary at elsvotTon' 18.00 feet and below relative to the Notional GsodsUc Vertical 0otum of 1928. CONTAINiNCI 10,785 sq. ft. 0.248 cans SURVEYOR'S NOTES: This efts On In Section '14; Towns* 52 South. Range 42 East, City of Sunny hies Bauch, Mlaml-pads County, Florida. Baoriacis heron are referred to on assumed value of N8TIVIVE for the centerline of - Sunny biles ocean Beach Boulevard Lands sh9wh hereon were not abstracted for eoasrowde• and/or rtphi:-of.-way of records. Thts is not a 'Boundmy Sarvay' but only a gmphto deplation of the dasaripilon shown hereon. Dimensions shown hereon are (roped an Fortin, Leary, Sidles, sketch #20020—M-1. SUPIVEYOR'S CEiRI IF ICATION: I hereby amilfy that thin 'Sketch of 4aaeriptlon" was made under m responsible Cher ga bn May 12, 2004 and meals the Minimum Technical Standorda as eat forth by the Floddd Board of Prafaedonot, Surveyors .and Mappers in Chapter 81017--8, Florida Admtnistraily Cade, . pursuant to Sootlon 472.027, Florida 'Statutes, . >; Not valid without the signature and the original raised seal of a F'lorld arae: Suiveyor and Mapper' FOR , L VY, KII.ES, INC., Lg88M . 1 • . 09chial C Farah, For The Firm Surveyor and Mapper, 1.S2a53 R State of Florida. LA OCEAN FRONT PARK EASEMENT Drasm ffy acs Cad. Na 02.2047 20t} -080-1 fiotladt 5/14/x4 Q 64p DESCRIMOIV MOTESAWD,CM77ROAT/ON FoRTw, IxAvY, Sxu-ms, mc. CO2Qf3t3L.MNS R aMMELS, lI[AtPwMt8 & MA1Pli''B1Ita9 VLCW.M& CM8XMnGATB a00ae6l3 280 NarQaaeee idea. Btieef; /Tine€4Mlw+mt AseoTa.%Loddei MT Pbwo:905.=440 /Pax 303,4M-702 /XmxU&jk9eTM=Awm Book223171Page2886 Attachment B Page 30 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 Date 8/12704_ NOT TO SCALE lob. Nb• 040898 8• NO.1003A-021—F sat 1 of 3 Page 13 of 16 509 Pap "13 t Q< 01 Zp j < r POINT OF j BEGINNING I J, RH*R OF WAY LINE SUNNY wxs SUCH BWLEWIRC Ilk,= jw A M Cal. xo. 0220+7 ar 5/12/0 &54p C-- QaTCH OF DESGRZnM- FoRmN, ImAvy, S Knxs, iNc. CONWLMG MOMEW, SMSY90; & M"Mn A*MACMMMCA=CWAXnUOX*"TMMNUMMW-- Book22317/Page2887 Attachment B Page 31 of 33 Pages Sovereignty Submerged Lands Lease No. 13 0174356 Data 5/12/04 Boole 14-30' Job. No. 040898 Dwjr. NO -1003A --021-F 0 Shoat 2 of. 3 Page 14 of 16 510 SUNW paM BOA GDtL9VAFW STATE ROAD H0.825) POINT OF suNNY ISLES COMMENCEMENT OCEAN 6EACH 11OULEVARD OF COLUNSKMIMWRONslimsAVEMICANDWKNYISLES. LA PERLA BEACH SOULIEVAND . OCEAN FRONT PARK EASEMENT Ilk,= jw A M Cal. xo. 0220+7 ar 5/12/0 &54p C-- QaTCH OF DESGRZnM- FoRmN, ImAvy, S Knxs, iNc. CONWLMG MOMEW, SMSY90; & M"Mn A*MACMMMCA=CWAXnUOX*"TMMNUMMW-- Book22317/Page2887 Attachment B Page 31 of 33 Pages Sovereignty Submerged Lands Lease No. 13 0174356 Data 5/12/04 Boole 14-30' Job. No. 040898 Dwjr. NO -1003A --021-F 0 Shoat 2 of. 3 Page 14 of 16 510 page 19 V19 WBWSECMNONE WTI TAO( PM8 16dPQP,R,MPI 86J B/} k a t cEN FABCifII1aOe 0/ Y TRAOT A BEPLEAMOFNSE MERWSP9.198 PC3. rh PA 4 V LA PERLA o No7 SUeC1V EABEMEN eTATE ROAD 928 W98TROUND U 022047 z JFa 4 SKELOCATION NdT?'p S'ALErH Fi4M FRp p tWM. - , •'1 r OR ` ETL ` fie Q I 7 CC(( Dete 5 i2 04, aA IRS NOT To - UM 9ReseOft cmi Job. No, aoat.° ex` r oan 1 040898 021—F at •.3 3 Book22317/Page2888 Page 15 of 16 Attachment B Page 32 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 511 Declatation ofReafrictians and (hat of Easements Page 15 OR SK 22317 PG 2889, LAST PAGE EXFlIB1T "D" LEGAL D13SCRTrnm OF PARK The Easterly msteneion of Sunny isles Ocoan Bomb Boulevard (N.F— 167 Street) as delineated upon that Certain plat recorded in Plat Book 5D, at Page 76 of tine Public Rerorde of Miarni Dade County, Florida, eakward, of t11G pavement of State Road A -IA to the mm higb water line of the Atlande Ocean; 732QUfi72 # 637903 r 17 9UM 324 Book22317/Page2889 Attachment B Page 33 of 33 Pages Sovereignty Submerged Lands Lease No. 134174356 Page 16 Of 16 512 RESOLUTION NO. 2024 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AND THE CITY OF SUNNY ISLES BEACH RELATING TO A SOVEREIGNTY SUBMERGED LANDS LEASE FOR OPERATION OF THE NEWPORT FISHING PIER, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR RATIFICATION BY THE CITY COMMISSION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property known as the Newport Fishing Pier (the "Pier") located at 16701 Collins Avenue was originally built in 1936 and is owned by the State of Florida's Bureau of Public Land Administration and Board of Trustees of the Internal Improvement Trust Fund (the State of Florida"); and WHEREAS, the Pier was designated as a historic site by the Miami -Dade County Historic Preservation Board on January 21, 1982, by the City of Sunny Isles Beach (the "City") Historic Preservation Board on June 6, 2005, and by the City Commission on July 14, 2005, and WHEREAS, the Pier currently operates as a public fishing pier and restaurant, and has long been a major attraction for local residents and tourists; and WHEREAS, the City wishes to continue operating and maintaining the Pier; and WHEREAS, the City Commission wishes to approve a submerged land lease with the State of Florida for continued operation of the Pier. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. AcDproval of Sovereignty Submerged Land Lease. The City Commission hereby approves the Sovereignty Submerged Lands Lease with the State of Florida for continued operation of the Pier, attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Sovereignty Submerged Lands Lease. Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Sovereignty Submerged Lands Lease. Section 4. Effective Date. This Resolution will become effective upon adoption. @BCL@840BE01F_doc Page 1 of 2 478 PASSED AND ADOPTED upon this 2111 day of November, 2024. ATTEST: Mauricko Betangbr, CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Iain E. Boileau, for Nabors, Giblin Nickerson, P.A., City Attorney Moved by:/4/"il `61 econded by:1 Vote: Mayor Svechin Yes) No) Vice Mayor Lama Yes) No) Commissioner Joseph Yes) No) Commissioner Stuyvesant Yes) 5 No) Commissioner Viscarra Yes) No) @BCL@840BE01F.dcc Page 2 of 2 479 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax B. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. Payment will be made by the City in accordance with the Contract Documents and in accordance with Florida's Prompt Payment Act. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. If the City should not appropriate or otherwise make available funds sufficient to purchase the Services procured pursuant to this Agreement, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days' notice to Contractor. D. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City. shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents or employees, as indicated below: STAN WEAVER AND COMPANY 3 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax A. Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate. B. Worker's Compensation and employer's liability coverage, as required pursuant to Florida law. C. Business Automobile Liability which shall include coverage for all owned, non - owned and hired vehicles for minimum limits of a combined single limit of not less than One Million Dollars ($1,000,000) per accident. D. Umbrella Liability policy of not less than Three Million Dollars ($3,000,000) per occurrence. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub - Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein.. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. WARRANTY OF SERVICES. 8.1 The Contractor shall warrant the labor performed for a minimum period of one (1) year from the date the Services are complete. This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 8.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. STAN WEAVER AND COMPANY City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 8.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and/or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 9. DEFECTIVE WORK. 9.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and replace it with non -defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 9.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. 9.3 If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 9.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. 9.5 Where the City or its designee becomes aware of faults, defects or non -conformity in any of the work provided under this Agreement or with the work being STAN WEAVER AND COMPANY $ City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 10. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third parry to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. 1. In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. 2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 10A(1) and A(2) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which this Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for STAN WEAVER AND COMPANY City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 13. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by electronic mail (e-mail) (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows:. If to the City: Stan Morris With a copy to: City Manager City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Avenue 18070 Collins Avenue Fourth Floor Fourth Floor Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1776 Tel: (305) 792-1766 smorris sibfl.net aboileau n nlaw.com If to the Derrick Roberts, President Contractor: 2601 SW 32nd Avenue Pembroke Park, Florida 33023 Tel: (954) 456-4300 droberts stanweaver.com 14. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. STAN WEAVER AND COMPANY City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax B. Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 41' Floor, Sunny Isles Beach, Florida 33160. 15. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, gender, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non - STAN WEAVER AND COMPANY 8 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this Agreement or to any benefit arising therefrom. 18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may. be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. STAN WEAVER AND COMPANY 9 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Attachments "A." 21. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "B." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 22. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Consultant during the contract term. Further, Consultant must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Consultant must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "C." 23. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. Should the Contractor subcontract any services under this Agreement, it shall be done STAN WEAVER AND COMPANY 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax STAN WEAVER AND COMPANY STATE OF FLORIDA: COUNTY OF 3 ,'&W,9R D The foregoing instrument was acknowledged before me by means of 74hysical presence or ❑ online notarization, this 30 day of May 2024, by Derrick Roberts, as President of Stan Weaver and Company. (SEAL) Personally Known / or Produced Identification Type of Identification Produced: otary Public ate Florida (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] STAN WEAVER AND COMPANY 12 Beni$ E Figueroa Comm.:HH275184 Expires:June 12,2026 Notary Public. State of Florida Personally Known / or Produced Identification Type of Identification Produced: otary Public ate Florida (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) [ADDITIONAL SIGNATURE PAGE TO FOLLOW] STAN WEAVER AND COMPANY 12 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities, and liabilities of any person or entity acting under Contractor. 24. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the. entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. , E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parry granting such waiver: IN WITNESS WHEREOF, the parties hereto have executed tlis Agreement in duplicate on the day and year first written above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] STAN WEAVER AND COMPANY I 1 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax ATTEST:, A ► \ CIT' m. FAIM KM CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY:4AZW 44u) -ATain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney STAN WEAVER AND COMPANY 13 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Attachment "A" STAN WEAVER AND COMPANY 14 PROFORMA INVOICE CUSTOMER: SUNNY ISLE BEACH FLORIDA DATE: 4/2/2024 ATTENTION. PAGES: FAX: SALES ENGINEER. EMAIL: SUBMITTED BY: GERA BRITO PROJECT: SIBFL-GBO41823-GATEWAY PARK RESTAURANT #43460 QTY IMODEL IDESCRIPTION UNIT ADD TOT. ADD 4 AX -113-400 0620-C75 Axial exhaust fan 132 CFM 21,., , 208/3/60 ; 1725 RPM @ 0758 inw g 3H p $12,913.22 $51,652.88 Energy Efficient Motor - meets NEMA Table 12-11 Motor VFD Rated without Shaft Grounding Protection Motor with Class B or Greater Insulation Extended Motor Leads Coating - Hi -Pro Polyester, Concrete Gray -RAL 7023, Fan and Attached Accessories, Aluminum Prop Mill Finish Switch - NEMA -3R, Toggle, For Indoor or Outdoor Use, Mounted and Wired UL/cUL-705 - "Power Ventilators" Quick opening inspection door Outlet Guard Aluminum Butterfly Damper Blades Magnetic Damper Latches Unit Warranty: 1 Yr (Standard) ** Roof curb nor requiered per Air Supply Mechanical Systems, Inc. field visit Per: SIBFL-GBO41823-GATEWAY PARK RESTAURANT #43460 4 ACH580 ACH580-01-024A-2; 7.5 Hp, Drive Only, 208v $1,080.00 $4,320.00 4 Freight Estimated freight cost to job site $70.00 $280.00 1 Labor Cost to Replace The Four Existing Garage Exhaust Fans and VFD's $15,900.00 $15,900.00 Provided by Air Supply Mechanical Systems, Inc. Replace The Four Existing GEF -1, 2, 3 & 4 (Includes Lifting, Rigging and Installation) Replace The Four Existing VFD's IJ ACS total THANK YOU FOR YOUR BUSINESS! ** 4-11 WEEKS LEAD TIME + TRANSIT TIME SUB -TOTAL TAX !g & Handling TOTAL 0% *Exceptions: Any items not specifically expressed in this bid/quotation. * Unless otherwise indicated this quotation 1s a based on a customer take off. Purchaser has reviewed all pages for accuracy for the materials to be ordered, especially models, accessories, sizes, quantities, widths, heights and voltages. Louvers as quoted do not meet Miami -Dade County product W, roval unless otherwise stated. Prices, specifications and conditions are accepted -by Purchaser. * The Undersigned Purchaser, as the authorized agent for the above customer has read the "Terms and Conditions" located at wwwstanweaver.com and hereby agrees to purchase and pay for the above described items. Purchaser has reviewed all pages contained and materials to be ordered, especially sizes, quantities, widths, heights and voltages, including those of louvers and heaters and all other products. The above prices, specifications and conditions are accepted by Purchaser. Payment must be made according to terms. This Quote must be signed and returned with deposit if applicable prior to Stan Weaver and Company ordering product on your company's behalf. Prices are subject to all applicable taxes. $71,872.88 $0.00 $280.00 $72,152.88 ... 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D_ 1'• 1°e• = 1" 3 %�53. "P.°'4ffi4�m�l oe 5•�d,RG.. e°° °°., 4 3' ='�° � t°7 emfit 2z 9,1 +v1° �22is 11 11 � e'2y°•�' °°a9^5;.�.. 4R w=•�$ � � 1 O8�3 �y n a1 na 11 o1isit! ¢p sg$°=i 3� 11 1 1 HT lit! Fail! it 11 Ill 11 ag net `¢ "Q6G' '�'m ao `�i — �'J• _6oA a_Sq��"`e�' gqq 02 �� Q�°.�3e a ''d. a �g �Nn 03 �` T� °6'=x,2 d.�.o�tl;_ wE a�4°< Ee13a5 r � R '" �lx•2 m•e ae yM' �^ 3EH 3�A Qasg dam HPI +FLO 7'TM OF SUN h City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Fabricio Volpi, Public Works Director DATE: May 16, 2024 RE: Approval of an Agreement Stan Weaver and Company for Purchase and Installation of Exhaust Fans at Gateway Park Garage RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach desires to utilize the Stan Weaver Company to purchase and install 4 energy efficient exhaust fans at the garage of Gateway Park. Gateway Park currently has the Greenheck system. Greenheck Fan Corporation has contracts with each of their representatives, which assigns specific counties where they are allocated to carry out business. The representative has the sole right to sell Greenheck equipment to customers in those counties. Stan Weaver & Company is the assigned and exclusively authorized representative for selling Greenheck product in Miami -Dade, Monroe and Broward Counties. The fans are necessary for the carbon monoxide exhaust of the parking garage. Contactor has agreed to provide said service in the amount not to exceed $79,368.17. FUNDING SOURCE: Funds have been appropriated in account no. 001-5-5391-446003-15000. ATTACHMENTS: Resolution Item Number: 10.1) Agreement Item Number: 10.13