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
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tis I
LL
p I 0
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a
W _ _ lu. U Q
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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
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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
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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
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N. T. S. 11-4239
a
4V r09-21
PI,—i54.01.V91 i..954.971.81107
MIAMI -DADS COUNTY, FLORIDA
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