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HomeMy WebLinkAboutReso 2024-3758RESOLUTION NO. 2024 - S 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. Approval 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. Larisa Svechin, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mauric o BetanOr, CMC, City Clerk Iain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: 1X�/U aSe��econded by:l�t�//SS/D/4JG,/L Vote: Mayor Svechin ✓ (Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant(Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@840BE01F.doc Page 2 of 2 479 "' 9F 5VK Ar 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: Wendy Bednarz, Assistant to Deputy City Manager DATE: November 21, 2024 RE: Renewal of a Lease Agreement with the Florida Department of Environmental Protection for Newport Fishing Pier and Restaurant RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach first entered into a lease agreement with the Bureau of Public Land Administration, a division of the Florida Department of Environmental Protection, on September 19, 2008. This agreement covers the state land in which the city owned pier and restaurant is built upon. As a requirement of our continued use of the state land for this purpose, the State has provided a renewed lease effective December 8, 2023 through April 23, 2027. ADDITIONAL INFORMATION: The lease agreement allows for operation of the public fishing pier, with a bait booth, tackle shop and restaurant, along with a lifeguard station and aquatic safety center. Newport Pier is owned by the City of Sunny Isles Beach, however, the land the pier occupies is owned by the State. This lease agreement is required to continue to operate the restaurant and pier activities on state land. Item Number: 9.0 476 FUNDING SOURCE: The current annual lease amount is $3,694.16, plus any applicable sales tax from the restaurant and tackle shop. Annual lease amounts may be adjusted pursuant to the provisions of Rule 18-21.011 of the Florida Administrative Code. Revenues received by restaurant operations covers any expenses related to this item. ATTACHMENTS: Resolution Lease Agreement Item Number: 9.0 477 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