Loading...
HomeMy WebLinkAboutReso 2026-4039RESOLUTION NO.2026 - A3� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A USE AND OCCUPANCY AGREEMENT, AND ADDENDUM THERETO, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR PARCEL NO. 3129 LOCATED AT 500 SUNNY ISLES BOULEVARD, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT") owns property located in 500 Sunny Isles Boulevard, identified as Parcel 3129 (the "Property"), in the City of Sunny Isles Beach (the "City"); and WHEREAS, the City Commission wishes to approve a Use and Occupancy Agreement, and the Addendum thereto, with FDOT to lease the Property, attached hereto as Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA: Section 1. Approval of Agreement. The City Commission hereby approves a Use and Occupancy Agreement with FDOT to lease the Property, and the Addendum thereto, attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon passage. PASSED AND ADOPTED this 16t �V .„ ST: t Mauriciio Betancur, CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Al4in E. Bo , City Attorney Nabors, Giblin & Nickerson, P.A. R2026 FDOT Use and Occupancy Agmt Parcel 3129 - Bella Vista.docx Page 1 of 2 Moved byPUIUI-I�Qr�APR- 0,Wq Seconded by: Vote: Mayor Svechin (Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) R2026 FDOT Use and Occupancy Agmt Parcel 3129 - Bella Vista.docx Page 2 of 2 23 CFR, Part 710 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-060-32 OF WAY USE AND OCCUPANCY AGREEMENT RIGHT OGC-02/20 Page 1 of 8 ITEM/SEGMENT NO.: 4152301 MANAGING DISTRICT: Six F.A.P. NO.: 6268012U / 6268009U STATE ROAD NO.: 826 COUNTY: Miami -Dade PARCEL NO.: 3129 THIS AGREEMENT, made this day of , between City of Sunny Isles Beach at 18070 Collins Avenue Sunny Isles Beach Florida 33160 (Lessee) and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Department), an agency of the State of Florida (State). WITNESSETH: WHEREAS, the Department may convey a leasehold in the name of the State, in any land, buildings, or other property, real or personal, acquired under Section 337.25, Florida Statutes; and WHEREAS, the United States Department of Transportation, Federal Highway Administration (FHWA), requires any use of airspace above, and/or below the highway's established gradeline, lying within the approved right of way limits on a Federal Aid System, to be accomplished pursuant to a right of way use and occupancy agreement in accordance with 23 CFR, Part 710, and WHEREAS, the Department has acquired sufficient legal right, title, and interest in the right of way of State Road 826 which includes the property described in Exhibit "A" attached hereto and made a part hereof, which right of way is part of a highway on a Federal Aid System; and WHEREAS, the Department desires to lease to Lessee the airspace which is that space located above and/or below the gradeline of the property described in Exhibit "A", attached and such airspace is hereinafter referred to as the "real property interest" or the "leased property" and made a part hereof for the following purpose: public parking facilities for motor vehicles and landscaping enhancements and their respective maintenance. WHEREAS, the proposed use will not impair the full use and safety of the highway, require or permit vehicular access to such space directly from the established gradeline of said highway, or interfere with the free flow of traffic on said highway. NOW, THEREFORE, in consideration of the premises made a part hereof, and the covenants, promises, understandings, and agreements made by each party to the other as set forth herein, the Department and the Lessee do hereby mutually agree as follows: 1. Premises The premises hereto are true and correct and form an integral part of this Agreement. 2. Term The Department does hereby lease unto Lessee the real property interest for a period of SEE ADDENDUM beginning with the date of this Agreement. One renewal of this Agreement may be made for SEE ADDENDUM However, except for a public purpose conveyance, such renewal may not exceed five years. Nothing herein shall be construed to in any way grant an interest in the property lying below said airspace. 3. Rent a. Lessee shall pay to the Department as rent each ❑ month ❑ quarter ❑ year on or before the first day of each rent payment period, SEE ADDENDUM plus applicable sales tax. When this Agreement is terminated, any unearned rent and sales tax payment shall be refunded to Lessee. However, no such refund shall be made where termination is due to Lessee's violation of a term or condition of this Agreement. 51 575-060-32 RIGHT OF WAY OGC - 02/20 Page 2 of 8 b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect market conditions. c. All rental payments are to be made by check or money order, payable to the State of Florida Department of Transportation and delivered on or before the due date to: 1000 NW 111fh Avenue R/W Administration Rm. 6105-B, Miami, Florida 33172, Attention Property Management d. Lessee shall be responsible for all state, county, city, and local taxes that may be assessed, including real property taxes and special assessments. In the event that no rent is specified herein, then it has been determined that either the use by Lessee is a nonproprietary use by a governmental agency or an exception from the current fair market rental value requirement (23 U.S.C. Section 156) has been obtained for social, environmental, or economic mitigation (SEE) purposes. In the event that it should be determined at any time that the use is not a nonproprietary use by a governmental agency or that the SEE exception does not apply or has been revoked, Lessee agrees to pay, at that time, rent as determined to be the fair market rental value by an independent appraiser certified by the Department, and Lessee further agrees to pay such rent, under the remaining terms and conditions of this Paragraph 3, for the remaining term (including renewals) of this Agreement. e. Any installment of rent not received within ten (10) days after the due date shall bear interest at the highest rate allowed by law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate the Department to accept late rent payments or provide Lessee a grace period. 4. Use Occupancy, and Maintenance a. The Lessee shall be responsible for developing and operating the real property interest as set forth herein. b. The Lessee's proposed use of the real property interest is as follows: SEE ADDENDUM c. The general design for the use of the real property interest, including any facilities to be constructed, and the maps, plans, and sketches setting out the pertinent features of the use of the real property interest in relation to the highway facility are set forth in composite Exhibit "B" attached hereto and by this reference made a part hereof. In addition, said composite Exhibit "B" also contains a three-dimensional description of the space to be used, unless the use is of a surface area beneath an elevated highway structure or adjacent to a highway roadway for recreation, public park, beautification, parking of motor vehicles, public mass transit facilities, or other similar uses, in which case, a metes and bounds description of the surface area, together with appropriate plans or cross sections clearly defining the vertical use limits, may be substituted for said three-dimensional description in said composite Exhibit "B". d. Any change in the authorized use of the real property interest or revision in the design or construction of the facility described in Exhibit "B" shall require prior written approval from the appropriate District Secretary of the Department, subject to concurrence by the FHWA. e. The Department, through its duly authorized representatives, employees, and contractors, and any authorized FHWA representative, may enter the facility at any time for the purpose of inspection, maintenance, or reconstruction of the highway and adjacent facilities, when necessary; or for the purpose of surveying, drilling, monitoring well installations, sampling, remediation, and any other action which is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard. f. Lessee, at Lessee's sole cost and expense, shall maintain the facility to occupy the real property interest so as to assure that the structures and the area within the highway right of way boundaries will be kept in good condition, both as to safety and appearance. Such maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use. Lessee shall ensure vertical and horizontal access to the Department for maintenance purposes. In the event that Lessee fails to so maintain the facility, the Department, through its duly authorized representatives, employees, and contractors, may enter the facility to perform such work, and the cost thereof shall be chargeable to the Lessee and shall be immediately due and payable to the Department upon the performance of such work. g. Portable or temporary advertising signs are prohibited. h. The design, occupancy, and use of the real property interest shall not adversely affect the use, safety, appearance, or enjoyment of the highway by lights, sounds, wireless frequencies, smoke, fumes, vapors, odors, droppings, or any other objectionable discharges, or emissions, or nuisances of any kind therefrom. 52 575-060-32 RIGHT OF WAY OGC - 02/20 Page 3 of 6 i. When, for the proposed use of the real property interest, the highway requires additional highway facilities for the proper operation and maintenance of the highway, such facilities shall be provided by the Lessee without cost to either the Department or the FHWA and subject to both Department and FHWA approval. j. The proposed use shall not cause or allow any changes in the existing drainage on the property under the real property interest. k. Lessee shall not occupy, use, permit, or suffer the real property interest, the property, the facility, or any part thereof to be occupied or used for any illegal business use or purpose, for the manufacture or storage of flammable, explosive, or hazardous material, or any other hazardous activity, or in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any present or future federal, state, or local laws, orders, directions, ordinances, or regulations. I. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials affecting the property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Department. Similarly, if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the real property interest under lease, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Department from any claim, loss, damage, cost, charge, or expense arising out of any such contamination. m. Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb or interfere with the same 5. Indemnification. (select applicable paragraph) ® Lessee is a Governmental Agency To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Lessee, its officers, agents, or employees, during the performance of the Agreement, except that neither Lessee, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by Lessee in the performance of services required under this Agreement, the Department will immediately forward the claim to Lessee. Lessee and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of Lessee in the defense of the claim or to require that Lessee defend the Department in such claim as described in this section. The Department's failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Lessee. The Department and Lessee will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. ❑ Lessee is not a Governmental Agency Lessee shall indemnify, defend, save, and hold harmless the Department, its agents, officers, and employees, from any losses, fines, penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including attorney's fees (including regulatory and appellate fees), arising out of or because of any acts, action, neglect, or omission by Lessee, or due to any accident, happening, or occurrence on the leased property or arising in any manner from the exercise or attempted exercise of Lessee's rights hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to the sole negligence of the Department. Lessee's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate, and to associate with the Department in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the Lessor's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excuse Lessee's duty to defend and indemnify within seven days after such notice by the Department is given by registered mail. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the Department solely negligent shall excuse performance of this provision by Lessee. Lessee shall pay all costs and fees related to this obligation and its enforcement by the Department. The Department's failure to notify Lessee of a claim shall not release Lessee of the above duty to defend. 6. Insurance. Lessee at its expense, shall maintain at all times during the term of this Agreement, public liability insurance protecting the Department, FHWA, and Lessee against any and all claims for injury and damage to persons and property, and for the loss of life or property occurring in, on, or about the land arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, its employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum amount of not less than one million dollars ($ 1,000,000.00 ) for bodily injury or death to any one person or any number of persons in any one occurrence and not less than one million dollars ($ 1,000,000.00 ) for property damage, or a combined coverage of not less than two million dollars ($ 2,000,000.00 ). All such policies shall be issued by companies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified 53 575-060-32 RIGHT OF WAY OGC - 02/20 Page 4 of 8 unless the Department is given at least sixty (60) days prior written notice of such cancellation or modification. Lessee shall provide the Department certificates showing such insurance to be in place and showing the Department and FHWA as additional insured under the policies. If self -insured or under a risk management program, Lessee represents that such minimum coverage for liability will be provided for the property. 7. Termination a. This Agreement may be terminated by either party without cause upon thirty------- ( 30 ) days prior written notice to the other party. b. It is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement immediately without prior notice, in the event the Lessee violates any of the conditions of this Agreement and such violation is not corrected within a reasonable time after written notice of noncompliance has been given. In the event the Agreement is terminated and the Department deems it necessary to request the removal of the facility on the property, the removal shall be accomplished by the Lessee in a manner prescribed by the Department at no cost to the Department or the FHWA. c. The Lessee must notify the Department of its intention to renew this Agreement not later than thirty (30) days prior to the expiration of the original term. Lessee's failure to comply with the foregoing notice provision may result in the Department's refusal to renew the Agreement. d. Upon termination of this Agreement, Lessee shall deliver the property to the Department, or its agents, in the condition existing at the commencement of this Agreement, normal wear and tear excepted, unless a facility, any improvement, or any part thereof has been constructed on the property. e. If removal of the facility, improvements, or any part thereof is requested by the Department, any such structures shall be removed by the Lessee at Lessee's expense by midnight of the day of termination of this Agreement and the property restored as nearly as practicable. f. This Agreement is terminable by the Department in the event that the facility ceases to be used for its intended purpose, is abandoned, or if use of the facility is required by the Department for transportation, maintenance or emergency purposes. 8. Eminent Domain Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Agreement. Termination of this Agreement for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Agreement, including any residual interest in the Agreement or any other facts or circumstances arising out of or in connection with this Agreement. Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including special damages, severance damages, removal costs, or loss of business profits, resulting from Lessee's loss of occupancy of the property specified in this Agreement, or any such rights, claims, or damages flowing from adjacent properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the property specified in this Agreement. Lessee also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort as set out above, as a result of Lessee's loss of occupancy of the property, when any or all adjacent properties owned or leased by Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this Agreement is still in existence on the date of taking or sale or has been terminated prior thereto. 9. Miscellaneous a. The real property interest and Lessee's rights under this Agreement shall not be transferred, assigned, pledged or conveyed to another party without the prior written consent of the Department, subject to concurrence by the FHWA. Lessee shall not allow any liens or other encumbrances to attach to the leased property. b. In conformance with the Civil Rights Act of 1964 (Title VI, Appendix "C") and 49 CFR Part 21, Lessee agrees as follows: 1. That as a part of the consideration hereof, Lessee does hereby covenant and agree as a covenant running with the land that (1) no person, on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said property and facility; (2) that in connection with the construction of any improvements on said property and facility and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors; and (3) that the Lessee shall use the property and facility in compliance with all other requirements imposed pursuant to 49 CFR part 21.. 54 575-060-32 RIGHT OF WAY OGC - 02/20 Page 5 of 8 2. That in the event of breach of any of the above covenants, the Department shall have the right to terminate this Agreement and to re-enter and repossess said property and the facility thereon, and hold the same as if this Agreement had never been made or issued. c. During the term of this Agreement Lessee shall, at Lessee's own cost and expense, promptly observe and comply with all present or future laws, requirements, orders, directions, ordinances, and regulations of the United States of America, the State of Florida, county or local governments, or other lawful authority whatsoever, affecting the land, property, and facility or appurtenances or any part thereof, and of all insurance policies covering the property, land, and facility, or any part thereof. d. In addition to or in lieu of the terms and conditions contained herein, the provisions of any Addendum of even date herewith which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall control, unless the provisions thereof are prohibited by law. e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. Lessee acknowledges that it has reviewed this Agreement, is familiar with its terms, and has had adequate opportunity to review this Agreement with legal counsel of Lessee's choosing. Lessee has entered into this Agreement freely and voluntarily. This Agreement contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and agreements, oral or written, heretofore made between the parties and/or between Lessee and any previous owner of the property and landlord of Lessee are merged in this Agreement, which alone, fully and completely express the agreement between Lessee and the Department with respect to the subject matter hereof. No modification, waiver, or amendment of this Agreement or any of its conditions or provisions shall be binding upon the Department or Lessee unless in writing and signed by both parties. g. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telegraph services, or any other utility or service used on the property. h. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United States of America. i. All notices to the Department shall be sent to the address for rent payments and all notices to Lessee shall be sent to the property address provided herein or otherwise provided in writing to the Department. j. The parties to this Agreement hereby understand and agree that the venue for any action that may arise as a result of this Agreement shall be in Leon County, Florida. k. If Lessee is a "contractor" for the purposes of Section 119.0701, Florida Statutes, Lessee shall comply with public records laws and specifically shall: 1. Keep and maintain the public records that ordinarily and necessarily would be required to be kept and maintained by the Department in order to perform the services identified herein. 2. Provide the public with access to those public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining the public records and transfer, at no cost, to the Department all the public records in possession of Lessee upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All such public records (if any) stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. If Lessee fails during such times to comply with a public records request, the Department shall enforce this section in accordance with this Agreement. Lessee shall otherwise allow public access to all documents, papers, letters or other materials, made or received by Lessee in connection with this Agreement and the lease of the Demised Premises, to the extent such access is required because such documents, papers, letters or other materials are subject to the provisions of s. 24(a) of the State Constitution or Chapter 119, Florida Statutes. I. Section 287.133(3)(a), Florida Statutes, requires that Lessee be informed of the following provisions of section 287.133 (2)(a), Florida Statues: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity 55 575-060-32 RIGHT OF WAY OGC - 02/20 Page 6 of 8 crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for Category two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. m. The Department shall consider the employment knowingly by Lessee of unauthorized aliens a violation of Section 274(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement. n. This Agreement shall not create any third -party beneficiary hereunder, nor shall this Agreement authorize anyone not a party hereto to maintain a suit against the Department pursuant to the terms of this Agreement. o. This Agreement shall be binding upon the successors, assigns and legal representatives of Lessee and the Department. p. All Exhibits attached to this Agreement are made a part hereof as if fully copied herein. All submittals required to be submitted by Lessee that are approved by the Department are by reference made a part of this Agreement as if fully copied herein. q. Nothing in this Agreement or in any documents executed pursuant to the terms of this Agreement shall be construed as a waiver or attempted waiver by the Department of its sovereign immunity in tort under the Constitution and laws of the State of Florida. r. "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. s. Lessee does not qualify for relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. Section 4601 et seq.) 56 575-060-32 RIGHT OF WAY OGC - 02/20 Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. CITY OF SUNNY ISLES BEACH LE�ompa y`�f applicable) By: �1^ Name: Title: a Attest: Namq: Title: Bv: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary Name: Daniel Iglesias, P.E. Attest: Name/Title: Helen Bosque, Executive Secretary Legal Review: District Counsel Name: Michelle Garrido, Esq., Senior Attorney 57 575-060-32 RIGHT OF WAY OGC - 02/20 Page 8 of 8 ADDENDUM This is an Addendum to that certain Right of Way Use and Occupancy Agreement between DO NOT SIGN -SEE ADDENDUM and the State of Florida Department of Transportation dated the day of In addition to the provisions contained in said Agreement, the following terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (d) of said Agreement: By: Name: Title: Attest: Name: Title: DO NOT SIGN THIS ADDENDUM NOT USED SEE SEPARATE ADDENDUM DO NOT SIGN - SEE ADDENDUM LESSEE (Company Name, if applicable) By: Name: Attest: (Seal) Name/Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary Legal Review: District Counsel Name: 58 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ADDENDUM TO USE AND OCCUPANCY AGREEMENT ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 4152301 Six 6268012-U / 6268-013-U 826 Miami -Dade 3129 THIS ADDENDUM ("Addendum") made effective on (the "Effective Date") is an Addendum to that certain Use and Occupancy Agreement (the "Agreement) between the State of Florida, Department of Transportation (the "Department" or "Lessor") and City of Sunny Isles Beach (the "Lessee") (collectively, the "Parties") dated RECITALS WHEREAS, the Parties previously entered into an Airspace Agreement for Parcel 3129 (the "Leased Property") on July 31, 2009 (the "Prior Airspace Agreement"); WHEREAS, the Prior Airspace Agreement expired on July 31, 2019 (the "Prior Airspace Expiration"), and was not timely renewed due to delays in negotiations between the Parties as to the renewal terms of the Prior Airspace Agreement; WHEREAS, from the Prior Airspace Expiration up to the Effective Date, Lessee has remained in possession of the Leased Property as a month -to -month tenant at will pursuant to Section 83.04, Florida Statutes with Lessor's knowledge and approval, and continued to pay rent in a timely manner through the Effective Date; WHEREAS, the Parties are hereby entering into the new Agreement, to be executed contemporaneously with this Addendum, and to be amended and supplemented by this Addendum, for the purpose of retroactively establishing the terms of the Lessee's possession of the Leased Property during the holdover period of the Prior Airspace Expiration through the Effective Date of this Addendum (which shall also be the effective date of the Agreement), and to establish a lease to commence on the Effective Date; WHEREAS, in addition to the provisions contained in said Agreement, the terms and conditions set forth herein shall be deemed to be a part thereof. NOW THEREFORE, in consideration of the covenants, promises, understandings, and agreements made by each Party to the other as set forth herein, Lessor and Lessee do hereby mutually agree as follows: Rev. 6/25 Page 1 of 10 59 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ADDENDUM TO USE AND OCCUPANCY AGREEMENT ITEM/SEGMENT NO.: MANAGING DISTRICT F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: AGREEMENT 4152301 Six 6268012-U / 6268-013-U 826 Miami -Dade 3129 1. The Recitals set forth above are incorporated into and are made a part hereof. 2. Paragraph 2: Term, is hereby deleted in its entirety and is replaced with the following: Lessor does hereby lease unto Lessee the Leased Property described in Exhibit "A," attached hereto and made a part hereof, for a term beginning on the Effective Date and ending on March 31, 2029 (the "Expiration"). If Lessee desires to continue leasing the Leased Property, Lessee shall provide written notice to Lessor at least one hundred eighty (180) days prior to the Expiration of the Agreement. If Lessor, in its sole discretion, and in accordance with Lessor's procedures, determines that the Leased Property continues to be available for lease, a new Use and Occupancy Agreement will be required. The Lessee's failure to comply with the foregoing 180-day notice provision may result in the Lessor's refusal to enter into a new Use and Occupancy Agreement. If Lessee holds over and remains in possession of the Leased Property after the Expiration specified in this Agreement, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and conditions as herein contained in this Agreement. This Agreement is subject to all utilities in place and to the maintenance thereof as well as any other covenants, easements, or restrictions of record. This Agreement shall be construed as a lease of only the interest, if any, of Lessor, and no warranty of title shall be deemed to be given herewith. 3. Paragraph 3: Rent, is hereby deleted in its entirety and is replaced with the following: The Parties agree that the Lessee shall pay Lessor, as rent, forty percent (40%) of all gross revenues collected from the use of the Leased Property. The Parties further agree the Lessee shall bear all expenses and operational costs from its sixty percent (60%) share of all gross revenues. "Gross revenues" shall be described as any and all revenues received from the Lessee as a result of the use of the Leased Property, including, but not limited to, metered parking, parking for fee, recreational and vending concessions, if any, and fees and/or rent collected from a sublessee which sublease shall have been approved by the Lessor. On the first business day after the last day of each quarter, Lessee shall remit to Lessor forty percent Rev. 6/25 Page 2 of 10 60 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ADDENDUM TO USE AND OCCUPANCY AGREEMENT ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 4152301 Six 6268012-U / 6268-013-U 826 Miami -Dade 3129 (40%) of all gross revenues collected from the use of the Leased Property ("Rent") for that quarter. The first quarter shall commence upon the Effective Date of the Lease and all subsequent quarters shall commence on three (3) month intervals thereafter. Each quarterly payment shall be accompanied by a Lessee's statement which shall state the total amount of revenues for the period covered and the computation of the rental payment due Lessor. Such quarterly statement shall be signed by the Lessee and certified by a Certified Public Accountant. In addition, the Lessee shall provide the Lessor with an annual statement of the proceeds for each 12-month period of the Lease term, within 30 days from the end of the prior 12-month period. Such annual statement shall be signed by the Lessee and certified by a Certified Public Accountant. The Lessee shall maintain a set of books, accounts and records covering the operations that are subject to this Agreement. Said books, accounts and records shall be of the same types as those customarily used in these types of operations in accordance with accepted accounting practices and standards for such period of time as is provided herein. Lessor shall be permitted upon three -business days prior to written notice to Lessee to examine and audit, during ordinary business hours, by or through its officers, employees or representatives of the Lessor, such records and books of account. Any installment of rent not received within ten (10) days of the due date shall incur a late fee of 5% per month or as allowed by law for each month the payment is late, plus applicable taxes. Late fees and taxes may be classified as additional rent if not paid when demanded and may be included in any Three -Day Notice served on the Lessee pursuant to Section 83.20, Florida Statutes. Any rent checks which are returned for insufficient funds shall incur a late charge of 5% in addition to a minimum service fee of $15 or 5% of the face amount of the check, whichever is greater. The service fee for returned checks shall not exceed $150. Any such charges or fees may be classified as additional rent and included in any Three -Day Notice served on the Lessee. The above provisions shall not obligate Lessor to accept late rent payments or provide the Lessee a grace period. Rev. 6/25 Page 3 of 10 61 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ADDENDUM TO USE AND OCCUPANCY AGREEMENT ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 4152301 6268012-U / 6268-013-U 826 Miami -Dade 3129 4. Paragraph 4: Use, Occupancy, and Maintenance, is hereby modified as follows: Subparagraph 4.b. is deleted in its entirety and is replaced withthe following: b. The following improvements currently exist on the Leased Property: paved parking, lighting, landscaping, and fencing, (collectively, the "Existing Improvements"). The Lessor hereby allows the Existing Improvements to remain until such time the Agreement is terminated or expires. It is understood and agreed, however, that this provision is of a temporary nature and is not intended to replace a permit or other permanent authorization of the Lessor. Upon termination or Expiration of this Agreement, the Lessee shall remove all Existing Improvements and restore the Leased Property to a like or similar condition as existed prior to the placement of the Existing Improvements by Lessee on the Leased Property. Lessee agrees to coordinate removal of the Existing Improvements with Lessor and to exercise due care to mitigate any adverse effects on Lessor's abutting infrastructure. The City will not use or occupy the Leased Property for any unlawful purpose and will conform to and obey any present or future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or agencies. The City shall prohibit overnight camping, and sleeping, and cooking in vehicles parked in the Leased Property. If the City installs a locking gate or barrier, or other means of restricting access to the Leased Property, a duplicate set of keys will be provided to the Department. Subparagraph 4.d. is hereby deleted in its entirety and is replaced with the following: d. Any change in the authorized use of the Leased Property or revision in the design described in Exhibit "B" shall require prior written approval from the District Six, District Secretary, subject to FHWA approval. No improvements (moveable, fixed, temporary, or otherwise), including, but not limited to, signs or sign structures, shall be placed, installed, or constructed on the Leased Property without the prior written approval of the District Secretary for District Six of Lessor, subject to FHWA approval, and subject to Lessor's regulations and guidelines. Page 4 of 10 Rev. 6/25 62 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ADDENDUM TO USE AND OCCUPANCY AGREEMENT ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 4152301 Six 6268012-U / 6268-013-U 826 Miami -Dade 3129 Subparagraph 4.e. is hereby deleted in its entirety and is replaced with the following: e. The Department, through its duly authorized representatives, employees, and contractors, and any authorized FHWA. representative, may enter the Leased Property at any time for the purpose of inspection, maintenance, or reconstruction of the highway, its adjacent facilities, or the Department's improvements and features within the Leased Property, when necessary; or for the purpose of surveying, drilling, monitoring well installations, sampling, remediation, and any other action which is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard. Subparagraph 4.f. is hereby deleted in its entirety and is replaced with the following: During the lease term, Lessee will be responsible for the maintenance of the Leased Property. Lessee, at Lessee's sole cost and expense, shall maintain the Leased Property so as to assure that the structures and the area within the highway right-of-way boundaries will be kept in good condition, both as to safety and appearance. Such maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use. Lessee shall ensure vertical and horizontal access to the Department for maintenance purposes. In the event that Lessee fails to so maintain the Leased Property, the Department, through its duly authorized representatives, employees, and contractors, may enter the Leased Property to perform such work, and the cost thereof shall be chargeable to the Lessee and shall be immediately due and payable to the Department upon the performance of such work. Lessee shall keep the Leased Property in a clean, sanitary, and safe condition in accordance with all applicable laws, rules, and regulations of government agencies having jurisdiction. In the event of any damage to the Leased Property, Lessee shall ensure that the Leased Property is secured in order to avoid injury to third parties, and Lessee shall immediately coordinate with the Department in order to undertake the necessary repairs in accordance with the Department's guidelines, when appropriate. Subparagraph 4.g. is hereby deleted in its entirety and is replaced with the following: g. Portable or temporary advertising signs are prohibited. Directional signs indicating entrances, exists, etc. are permitted. Such signs must be designed and installed to meet Rev. 6/25 Page 5 of 10 63 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ADDENDUM TO USE AND OCCUPANCY AGREEMENT ITEM/SEGMENT NO.: MANAGING DISTRICT F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 4152301 Six 6268012-U / 6268-013-U 826 Miami -Dade 3129 applicable standards of the Department. Such signs may be illuminated if permitted by local or county sign codes. Subparagraph 4.1. is deleted in its entirety and is replaced with the following: Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials affecting the Leased Property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Department. Similarly, if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the real property interest under lease, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Department from any claim, loss, damage, cost, charge, or expense arising out of any such contamination. The Lessee's obligations in this subparagraph 4.1. shall survive the expiration or termination of this Agreement with respect to any claims which may result from incidents occurring during the term of this Agreement. Subparagraph 4.m. is deleted in its entirety and is replaced with the following: m. Existing utilities and easements upon, under, over, or within the Leased Property shall remain in place. Lessee shall allow any utility owner to access and enter upon the Leased Property in order to perform maintenance on said utility. Lessee shall not disturb or interfere with said utilities or easements. If a utility owner which has a utility that is placed upon, under, over, or within the Leased Property determines, in its sole discretion, that the Lessee's use of the Leased Property to be interfering in any way with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion, of such utility, the Lessee shall, upon reasonable written notice to Lessee by the Department, initiate any work necessary to cease any activities interfering with the utility and/or remove any improvements or other personal property ("Obstructions") from the Leased Property at Lessee's sole cost and expense. The work must be completed within such reasonable time as stated in the notice or such time as agreed to separately by the utility owner and Lessee. Rev. 6/25 Page 6 of 10 64 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ADDENDUM TO USE AND OCCUPANCY AGREEMENT ITEM/SEGMENT NO.: MANAGING DISTRICT F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 4152301 Six 6268012-U / 6268-013-U 826 Miami -Dade 3129 Notwithstanding the foregoing, in the event of emergency maintenance by a utility owner, immediately upon notice to Lessee by the Department, the Lessee shall cease any activities interfering with the utility and/or remove any Obstructions from the Leased Property at Lessee's sole cost and expense. In the event Lessee fails to do so, the utility owner may enter the Leased Property and, with no obligation to repair or replace same, has the right to stop any activities interfering with the utility and/or remove or demolish any Obstructions on the Leased Property at the sole cost and expense of Lessee. Lessee shall hold harmless the Department from any claim, loss, damage, cost, charge, or expense arising out of actions by utility owners under this subparagraph. Subparagraph 4.n. is added at the end of Paragraph 4: n. The Leased Property shall be used only for the proposed use set forth in subparagraph 4.b. of this Agreement. Lessee shall, at its own cost and expense, obtain all licenses, permits, or other approvals necessary for the proposed use of the Leased Property, if any. Lessee shall provide the Department with copies of said licenses, permits, or other approvals upon request of the Department. Subparagraph 4.o. is added at the end of Paragraph 4: o. Lessee shall perform, at the sole expense of Lessee, all work required in the preparation of the Leased Property for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the Leased Property as now being in fit and tenantable condition for all purposes of Lessee. Lessor reserves the right to inspect the Lease Property and to require whatever adjustment to structures or improvements as Lessor, in its sole discretion, deems necessary. Any adjustments shall be done at Lessee's sole cost and expense. 5. Paragraph 7: Termination, is hereby modified as follows: Subparagraph 7.f. is deleted in its entirety and is replaced with the following: This Agreement is terminable by the Department in the event that the Leased Property ceases to be used for its intended purpose, is abandoned, or if use of the Leased Property is required by the Department for transportation, construction, maintenance, or emergency purposes. Rev. 6/25 Page 7 of 10 65 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ADDENDUM TO USE AND OCCUPANCY AGREEMENT ITEM/SEGMENT NO.: 4152301 MANAGING DISTRICT: Six F.A.P. NO.: 6268012-U / 6268-013-U STATE ROAD NO.: 826 COUNTY: Miami -Dade PARCEL NO.: 3129 6. Paragraph 9: Miscellaneous, is hereby modified as follows: Subparagraph 9.a. is deleted in its entirety and is replaced with the following: a. Lessee shall not sublet the Leased Property or any part thereof, nor assign this Agreement, without the prior consent in writing of the Lessor, whose consent shall not be unreasonably delayed or withheld, and subject to concurrence by FHWA. This Agreement is being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of rental from a third party shall not be considered as an assignment or sublease, nor shall it be deemed as constituting consent of Lessor to such an assignment or sublease. Lessee shall not allow any liens or other encumbrances to attach to the Leased Property. Subparagraph 9.i. is deleted in its entirety and is replaced with the following: i. All notices, requests, demands, consents, approvals, and other communications which are required to be served or given under this Agreement shall be in writing and shall be delivered by either hand delivery, by a nationally recognized courier (such as FedEx or UPS), or by the United States Postal Service, sent Certified Mail, return receipt requested, postage paid, to the following addresses: To Lessor: Florida Department of Transportation 1000 NW 111 th Avenue, Room 6105-B Miami, Florida 33172 Attention: Right of Way Manager To Lessee: Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attention: Deputy City Manager or to such other addresses as either Party may designate in writing from time to time. If the notice requires signature by the Lessee or Lessor, the notice shall be deemed served on the date of the notice was signed for by the Lessee or Lessor. If the notice does not require signature by the Lessee or Lessor, or the Lessee or Lessor is unavailable to sign for the notice if signature by the Lessor or Lessor is required, then notice shall be Rev. 6/25 Page 8 of 10 66 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ADDENDUM TO USE AND OCCUPANCY AGREEMENT ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 4152301 6268012-U / 6268-013-U 826 Miami -Dade 3129 deemed served five (5) business days after the date the notice was given to the courier or deposited in a United States Post Office receptacle. Subparagraph 91 is added at the end of Paragraph 9: t. Neither the Lessor nor the Lessee shall record the Agreement or this Addendum in the Public Records. 7. Except as modified in this Addendum, all other terms and conditions of the Agreement remain unchanged and are hereby confirmed and ratified by the Lessee and the Lessor. Where the terms of this Addendum conflict with the definitions, provisions or terms of the Agreement, this Addendum shall control. [REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. SIGNATURES FOLLOW.] Rev. 6/25 Page 9 of 10 67 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ADDENDUM TO USE AND OCCUPANCY AGREEMENT ITEM/SEGMENT NO.: MANAGING DISTRICT: F.A.P. NO.: STATE ROAD NO.: COUNTY: PARCEL NO.: 4152301 Six 6268012-U / 6268-013-U 826 Miami -Dade 3129 IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed, the day and year first above written. On behalf of Lessee CITY OF SUNNY ISLES BEACH Name: 64vin morf' c fV��ne: Title.: 6A On behalf of Lessor STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION District Secretary Name: Daniel Iglesias P.E. Attest: Name/Title: Helen Bosque Executive Secretary Legal Review: Name: Michelle Garrido Esq. Senior Attorney Rev. 6/25 Page 10 of 10 68 Exhibit "A" Legal Description 69 EXHIBIT "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS SURVEY Q X j w 3 _Q N. BA Z D. a w U O J 826 y Ln U a O Uj O F a a w sIX CILETA RIVER yG z STATE PARK Z � j J O (J LOCATION MAP NOT TO SCALE LEGEND: q = Baseline E.O.P. = Edge of pavement F.D.O.T. = Florida Department of Transportation RGE. = Range R/W = Right of Way PG. = Page P.O.C. = Point of Commencement P.O.B. = Point of beginning SEC. = Section SEG. = Segmant S.R. = State Road STA. = Station TWP. = Township This document consists of 4 sheets and neither shall be considered full, and complete without the other. Date: 6/02/2026 f GG Catvin, Giordano & Associates, Inc. �• ?,y$`T�,J.' a SaFEbuilt' COMPANY �- !cC0 [.ier erne. Suite 600, =oi� laudereaie. R. i351c FFOirea5A 32_TBi•Fsx 35d 92L5807 NOTES: 1. Bearings and coordinates as shown here on are relative to the State Plane Coordinates System, Florida East Zone (0901), North American Datum of 1983/2011. 2. All bearings and distances are calculated unless otherwise noted. 3. See attached for legal description. 4. Baseline of Survey and Right of Way Lines shown here on are based on a Florida Department of Transportation Right of Way Control Survey Map for State Road 826 / N.E. 163rd Street / Sunny Isles Boulevard, from State Road 5 to State Road A1A. FM 452562-1, Dated on August 30, 2024 Total Area = 16,458 square feet. CERTIFICATION: I hereby certify that this SKETCH TO ACCOMPANY LEGAL DESCRIPTION is in compliance with the Standards of Practice as set forth by the Florida Board of Professional Land Surveyors and Mappers as referenced in Rule 5J-17, Florida Administrative Code pursuant to Section 472.027, Florida Statutes. Certified this3v^e.Qday of �� ,� 2026 ".f0 LAtiD `'Jo•`O By seven M. Watts Florida Professional Surveyor and Mapper Florida Registration No. 4588 valid THIS IS NOT A SURVEY F.D.O.T. PARCEL 3129A Florida Department of Transportation, District VI SR No.: 826 Section No.:87170-2517 F.M. Number: N/A County. Miami —Dade Sheet 1 of 4 Certificate of Authorization 6791 70 777,86' 1/4, SEC. 14-52-42 NW CORNER, NW 1/4- SECTION —42 3� E 941:522.942 QP`Q 3e o o a�``�7 1 SCALE. 1 "=60' Ore O' �ry EXHIBIT 11A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION TH R%W LINE, S.R. 826 (SUNNY ISLES BLVD.) F.D.O.T. R/W MAP —SECTION 87170-2517 THIS IS NOT A SURVEY This document consists of 3 sheets and neither shall be considered full, valid and complete without the other. 115+00 oar 112+00 N 84'08'07" E ISLES BLVD.) M P.0.. cry 3 WESTBOUND• S.R. 826 (SUNNY �P w L12 L1 mph SURVE44 Y MAP —SECTION 87170-2517 F.D.O.T• R/W p� 1 0=87'49'28" L3 v`v 0, R=2.50' 4�0536 55" RADIAL SUNNY ISLES BLVD.) �� z09 L=3.83' R=194,34• N7g''41.16"W S.R. 826 ( S7170-2517 L=19,05' F.D.O.T. R/W MAP -SECTION J O 0.5' CONCRETE " io ;d CURB 6=63'30'10 > LINE TABLE00 d cd R=21.30' Q L1 S82' 57' 47"E 24.76' IN M 0 v L=23.61' W OD L2 SO4' 48' 50"W 10.55' II M' L3 S83' 00' 37"E 20.73' �I PARCEL �N 3129A >rn L4 SOX 13' 02"W 25.50' -' �, ' " L5 S28' 01' 13"W 4.68' L10 6=45'Ot A-=9872'31" .�i. h R=3.00' L6 S08' 22 26"E 9.22' R=2.00' L=2,36' L7 S10' 49' WE 13.97� 3e L=3.43' q'PQ�P 11=42'S4'08" L8 S28' 29' 07"E 3.98 0 2� a` ►� R=15,00' L9 S00' 35' 07"W 7.87' ;� N81'37 E L=11,23' L10 N88' 46' 47"W 15.98 : r 13.4659 L11 NO2' 41' 18"W 5.65' R=125.00' L12 S81' 48' 54"E 18.04' =30.14 E.O.P, L13 N07' 20' 38"E 4.35' 2 73•A —�- 6=18'35'28"— � g R=42,45' Wn 112+00 113+00 L=13.77' t, '0 a-4723'03" SURVEY WESTBOUND, %, R=32.51' S.R. 826 (SUNNY ISLES BLVD.) S 8632'31" E L=26.89' RD,O,T. R/W MAP SECTION 87170-2517 ( Qva vP 6' ME�jAL FENCE co CHAIN LINK FENCE try P SOUTH R/W LINE, S,R, 826 (SUNNY ISLE (CONSTRUCTION) BLVD.) U CTION) 34,03 `ro F,p,O,T, R/W MAP —SECTION 87170-2517 N8637'40"W/ CHAIN LINK FEN ��k �� Date: 6 02 2026 F.D.O.T. PARCEL 3129A Florida Department of Transportation, District VI j�p Calvin, Giordano S Associates, Inc. SR No.: 826 137`�Ol A^uAFEbulil' COMPANY Section No.:87170-2517 1800 Ow Drive, Sui,e 600. Fort Lauderdale. FL 33316 Phone: 954.92L7701• Fax: 954.921.8807 F.M. Number: N/A Certificate of Authorization Count : Miami —Dade Sheet 2 of 4 71 EXHIBIT "A" F.D.O.T. - PARCEL 3129A LEGAL DESCRIPTION A parcel of land being a portion of Sunny Isles Boulevard, S.R. 826, F.D.O.T. Right —of —Way Map, Section 87170-2517, and being a portion of the Northwest One —Quarter (NW 1/4), Section 14, Township 52 South, Range 42 East, said parcel of land being more particularly described as follows: Commence at the Northwest corner of the said Northwest One —Quarter (NW 1/4) Section 14, Township 52 South, Range 42 East; Thence North. 86'41"43" East along the North Line of the said Northwest One —Quarter (NW 1/4), a distance of 777.86 feet; Thence South 03'18'17" East a distance of 183.61 to the Point of Beginning; Thence South 82'57'47"East a distance of 24.76 feet; Thence South 04'48'50" West a distance of 10.55 feet to the point of curvature of tangent curve concave to the Northeast; Thence Southerly, Southeasterly and Easterly along the arc of said curve to the left, having a central angle of 87'49'28" and a radius of 2.50 feet for an arc distance of 3.83 feet to a point of tangency, Thence South 83'00' 37" East a distance of 20.73 feet to a point on the arc of non —tangent curve concave to the East, a radial line of said curve through said point having a bearing of N79'41'16"W; Thence Southerly along the arc of said curve to the left, having a central angle of 05'36' 55" and a radius of 194.34 feet for an arc distance 19.05 feet to a point of tangency; Thence South 03'13'02" West a distance of 25.50 feet to a point of curvature of a tangent curve concave to the Northwest; Thence Southerly and Southwesterly along the arc of said curve to the left, having a central angle of 63'30'10" and a radius of 21.30 feet for an arc distance of 23.61 feet to a point; Thence South 16'59'49" East a distance of 36.26 feet to the point of curvature of tangent curve concave to the West; Thence Southerly along the arc of said curve to the right, having a central angle of 45'01' 02" and a radius of 3.00 feet for an arc distance 2.36 feet to a point of tangency; Thence South 28'01' 13" West a distance of 4.68 feet to a point on the arc of non —tangent curve concave to the Southwest, a radial line of said curve through said point having a bearing of N38'29'17"W; Thence Southerly along the arc of said curve to the right, having a central angle of 42'54' 08" and a radius of 15.00 feet for an arc distance 11.23 feet to a point of tangency; Thence South 08'22' 26" East a distance of 9.22 feet to a point on the arc of non —tangent curve concave to the West, a radial line of said curve through said point having a bearing of N81'37'34"E; Thence Southerly along the arc of said curve to the right, having a central angle of 13'48' 59" and a radius of 125.00 feet for an arc distance 30.14 feet to a point on the arc of non —tangent curve concave to the East, a radial line of said curve through said point having a bearing of N73'37'19"W; Thence Southerly along the arc of said curve to the left, having a central angle of 18'35' 28" and a radius of 42.45 feet for an arc distance 13.77 feet to a point of tangency; Thence South 10'49' 04" East a distance of 13.97 feet; Thence South 28'29'07" East a distance of 3.98 feet; Thence South.00'35'07" West a distance of 7.87 feet to a point on the arc of non —tangent curve concave to the Southwest, a radial line of said curve through said point having a bearing of N26'04'46"E; (Continued on Page 4) This document consists of 4 sheets and neither shall be considered full, valid and complete without the other. THIS IS NOT A SURVEY Date: 6/02/2026 F.D.O.T. PARCEL 3129A Florida Department of Transportation, District VI L�85t Calvin, Giordano B Associates, Inc. SR No.: 826 A 9AFEbuRf COMPAW ... Section No.:87170-2517 U300 Eller Onue, Suite 600, Fprt Lauderdale. FL 33316 Phone: 954.92LM1- Fax: 954.9218807 F.M. Number: N/A Certificate of Authorization County. Miami —Dade Sheet 3 of 4 72 EXHIBIT "A" LEGAL DESCRIPTION F.D.O.T. - PARCEL 3129A (CONTINUED) Thence Southeasterly and Southerly along the arc of said curve to the right, having a central angle of 47*23' 03" and a radius of 32.51 feet for an arc distance 26.89 feet to a point on the arc of non —tangent curve concave to the Northeast, a radial line of said curve through said point having a bearing of S61'55'37"W; Thence Southeasterly along the arc of said curve to the left, having a central angle of 12°45'04" and a radius of 172.21 feet for an arc distance 38.33 feet to a point on a non —tangent line, said line being the South Right —of —Way line of Sunny Isles Boulevard (S.R. 826); Thence North 80°56'01" West along the said South Right —of —Way line, a distance of 84.34 feet; Thence North 86°37' 40" West continuing along the said South Right —of —Way line, a distance of 34.03 feet; Thence North 09'46' 44" East a distance of 66.49 feet; Thence North 09"35' 44" East a distance of 73.32 feet to the point of curvature of tangent curve concave to the Southwest; Thence Northerly, Easterly, Northeasterly and Easterly along the arc of said curve to the left, having a central angle of 98'22'31" and a radius of 2.00 feet for an arc distance of 3.43 feet to a point of tangency, Thence North 88'46' 47" West a distance of 15.98 feet; Thence North 02*41' 18" West a distance of 5.65 feet to the point of curvature of tangent curve concave to the East; Thence Northerly, along the arc of said curve to the right, having a central angle of 3°28'16" and a radius of 804.46 feet for an arc distance of 48.74 feet to a point on a non —tangent line; Thence North 06°00'42"East a distance of 49.87 feet; Thence South 81°48'54"East a distance of 18.04 feet; Thence North 07°20'38"East a distance of 4.35 feet to the Point of Beginning; Said lands situate within the the City of Sunny Isles Beach, Miami Dade County, Florida, containinc 16,458 square feet, more or less. This document consists of 4 sheets and neither shall be considered full, valid and complete without the other. Date: 6/02/2026 1F.D.O.T. PARCEL 3129A Calvin_, Giordano 8 Associates, Inc 85 ., asaMeune eantvwv W00 Eller D rvm SWt. 600, Fort Laudeidale, FL M16 Phase: 954.92L7781 • Fax: 954.92L8807 of Au THIS IS NOT A SURVEY Florida Department of Transportation, District VI SR No.: 826 Section No.:87170-2517 F.M. Number: N/A County: Miami —Dade Sheet 4 of 4 73 EXHIBIT "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS SURVEY a F- � a N. BA RD. 826 2 J o � w s � OLETA RIVER 7 Z Q STATE PARK F rn Z vi o LOCATION MAP NOT TO SCALE LEGEND I = Baseline E.O.P. = Edge of pavement F.D.O.T. = Florida Department of Transportation RGE. = Range R/W = Right of Way PG. = Page P.O.C. = Point of Commencement P.O.B. = Point of beginning SEC. = Section SEG. = Segmant S.R. = State Road STA. = Station TWP. = Town sh ip This document consists of 3 sheets and neither shall be considered full, and complete without the other. Date: 6/02/2026 :,85`''t Calvin, Giordano & Associates, Inc. 1 A iAFEbuil[ COMPgNV 1900 Der 0tive iu !e uCO. ��,t UAerd_!e. R 333:5 >n— 954192: 7751•.'ax `•54?2LB'c07 Certificate of Authorization 6791 valid NOTES: 1. Bearings and coordinates as shown here on are relative to the State Plane Coordinates System, Florida East Zone (0901), North American Datum of 1983/2011. 2. All bearings and distances are calculated unless otherwise noted. 3. See attached for legal description. 4. Baseline of Survey and Right of Way Lines shown hereon are based on a Florida Department of Transportation Right of Way Control Survey Map for State Road 826 / N.E. 163rd Street / Sunny Isles Boulevard, from State Road 5 to State Road A1A. FM 452562-1, Dated on August 30, 2024 Total Area = 11,960 square feet. CERTIFICATION: I hereby certify that this SKETCH TO ACCOMPANY LEGAL DESCRIPTION is in compliance with the Standards of Practice as set forth by the Florida Board of Professional Land Surveyors and Mappers as referenced in Rule 5J-17, Florida Administrative Code pursuant to Section 472.027, Florida Statutes. Certified this3r9day of -ZO^c— 2026 *•. sruc a Steven M. Watts Florida Professional Surveyor and Mapper Florida Registration No, 4588 F.D.O.T. PARCEL 3129B THIS IS NOT A SURVEY I Florida Department of Transportation, District VI SR No.: 826 Section No.:87170-2517 F.M. Number: N/A County. Miami —Dade Sheet 1 of 3 74 NLSo �� +� NORTH LINE, NW 1 4, SEC. 14-52-42 P.O.C. NW CORNER, NW 1/4- N 581 448.958 -42 _ — E 941,522-942 v0'ry y y. 113+00 P O� S.R. 826 (SUN Y ISLES BLVD.) R/ W MAP- ECTION 87170-251 F.D.O.T. SCALE. 1 "=60' EXHIBIT "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION ORTH R/W LINE, S.R. 826 (SUNNY ISLES BLVD,) F.D.O.T. R/W MAP -SECTION 87170-2517 115+00 N 84'08'07" E S�OUMppSSECT ON(SUS7 70-2517 BLVD i SURVEY FF.0O.T. R/N 0 U � a O O a ti w THIS IS NOT A SURVEY a, This document consists of 3 sheets and neither shall be considered full, valid and complete without the other, 104'01'19" P,O.B, GATEWAY LOOP R=2.75' E.O.P. L=4,99' S84 36 2' CONC. CURB t p 'uL 153, A o, I PARCEL 113+00 3129 8 S 863231 E 115+00 0 L6MEXTAL a` SURVEY q , WESTBOUND, 9 FENCE �3," S.R. 826 (SUNNY ISLES BLVD.) CHAIN (CONSTRUCt'lON) LINK FENCE � F.D.O.T. R/W MAP f`�s8� ��?y SECTION 87170-2517 SOUTH a,0 4g R/W LINE, SR. 826 (SUNNY F,D.o.T. R/W MAP -SECTION ISLES BLVD.) N 7'1 61.52' 87170-2517 (. s 00• E.f Date: 6/02/2026 S ' F.D.O.T. PARCEL 3129B Florida Department of Trc i 1{ $6J1 Calvin, Giordano & Associates, Inc. SR No.: 826 Asap°°ff W"'°""' Section No.:87170-2517 1800 Eder t7rive. Suite WX Fort Lauderdate FL 3395 Phone:954.9a7781-5ax954.921.8807 F.M. Number: N/A Certificate of Authorization 6791 County. Miami -Dade 11 ortation, District VI Sheet 2 of 3 75 EXHIBIT "A" LEGAL DESCRIPTION F.D.O.T. - PARCEL 3129B A parcel of land being a portion of Sunny Isles Boulevard, S.R. 826, F.D.O.T. Right —of —Way Map, Section 87170-2517, and being a portion of the Northwest One —Quarter (NW 1/4), Section 14, Township 52 South, Range 42 East, said parcel of land being more particularly described as follows: Commence at the Northwest corner of the said Northwest One —Quarter (NW 1/4) Section 14, Township 52 South, Range 42 East; Thence North 86'41"43" East along the North Line of the said Northwest One —Quarter (NW 1/4), a distance of 849.23 feet; Thence South 03'18'17" East a distance of 356.16 feet to the Point of Beginning; Thence South 84°36'50" East a distance of 153.34 feet; Thence South 03'01'42" West a distance of 86.21 feet; Thence North 87'10'30" West a distance of 61.52 feet to a point of curvature of a tangent curve concave to the North; Thence Westerly and Northwesterly along the arc of said curve to the right, having a central angle of 27'45'46" and a radius of 94.00 feet for an arc distance of 45.55 feet to a point of compound curvature of a tangent curve concave to the Northeast; Thence Northwesterly along the arc of said curve to the right, having a central angle of 35'02'32" and a radius of 83.00 feet for an arc distance of 50.76 feet to a point of compound curvature of a tangent curve concave to the East; Thence Northwesterly and Northerly along the arc of said curve to the right, having a central angle of 15"44'03" and a radius of 168.12 feet for an- arc distance of 46.17 feet to a point of compound curvature of a tangent curve concave to the Southeast; Thence Northerly, Northeasterly and Easterly along the arc of said curve to the right, having a central angle of 104"01'19" and a radius of 2.75 feet for an arc distance of 4.99 feet to the Point of Beginning. Said lands situate within the City of Sunny Isles Beach, Miami Dade County, Florida, containing 11,960 square feet, more or less. This document consists of 3 sheets and neither shall be considered full, valid THIS IS NOT A SURVEY and complete without the other. Date: 6/02/2026 F.D.O.T, PARCEL 3129B Florida Department of Transportation, District VI SR No.: 826 df,5% Calvin, Giordano & Associates, Inc. Section No.: 87170-2517 ASAFEbuffWMPANV F.M. Number: N/A x 5800 Ekr Onm Sulte 600. Fort! aud.,d.le FL 33316 Phone: 954,921.7781- Fa,: 954.9210807 County. Miami —Dade Sheet 3 of 3 Certificate of Authorization 76 Exhibit "B" 77 go 04 § \ |§ LU § / L / ) ` w ��§ § � M < ! a gg . . L w 0 U) § : LL �c% 0-2 �o (D \ k/ L$\ Z ° §m §Rg r _ < w �` / \\ ƒ§§ W W ,§ \« �(U) � m Z _ �o W z ( W � .00 Z ry Z D d 2 \ q || | §, - : °� l 3r.4 ( ] § / |])| §§! _ °) (§§z( }§z§ ` \ ) z\ ) )�§/ (; ; RU H a |§ m §|;i E§)° 4 - '�( \ |§! !||!!) \|li,,,| \�)(§§\))|||) \(|||||i](!{§ ....:..:eH.,.,o.r>d.wx..,,.,, wPowa.°......�r. a..w....,, W......�. w.....Po..,....°.....,....._._.....4 ANVNIM1911d:sniviS 3pQ F Lo c< o ow Wm F W QUY z Z> C9 W W p� °ci fS m U m m wooLL U Z CO W m o° LU F J Q w ww � w = g d w4a iY o' ws 'of 4 Qu 3a G G w'o� 98s w rn HR 3 a=oW= wa w„ z 1 z =° u w� 9�. jj' 2�- jj��Il VIM d d ti ran w w n h ti z. vi H to to a a E 1 1 1 w g 1 1 C w a I I w p:-- I I 33 o w z o j Z o a rc o k o o m w w 'Illy a a o s aZ. osw= zo pm Z N Z a a wN m k ti w C7 a H p R o ° _ x g w w U ¢ a o a x 0 u 9 o o u m a > 20 ' �3 � s 8 8 a 8 8 8 E 8 0 0 8 E 8 8 a a�������� a$� "°d 0 1,�Iwl qq rr q P j °oa�� ����3��`0 "<�t���m '�7�wo��3��5 ��_�;�wE o $ JJ�8 Z ��� wB Y,= �2 j5°� �o°� G m� g 8a= O # �w w �a = 8w h � � a Sao 0 3 � y� 8 G G 5 m 0 �m h m� �n II�H s ens 3 s 11= -21�o�g 8 s a g C gg LL � i l I W z w navniw� ieaa •m uvi: uj W F a 0 w 0 Z 04 CDwW= U mKJ "w� Z Qp K LU �_ r �w9z f$3 rc- 1W W UZm d V N�K Z C) w� wm m~ o0 1 - ^tea` N ° N a a N o w w9 w� Lam';v ➢ _ - wax U 6 jig o � o m� �aap°€ 3p F�=` Fop a �:wEI'£ I -� =R€a i°» !_� 1111'— F " $ am g � "° m o �3 w. =I- a s °a gym" a o _ off,=s 7 J a =_w Apo8=° o sG �= 3` 5 w"z "o _ Ua���_�M 1 °o3zHdw�FNvFwa$ps-a§ p°$_€w "� m� 8882 z°� 31,558 ooBXHIx oNH� Y 3° 3<Go=wo go� sQw gaaaoFEa oo= ww�s �9a 3pz. FH��cs pwsyo�o<._ a�» BeoLLoo��aa°"3a8 s5.°44�@°S Nww=wozo �p"w<12 z o s �-z l w"u3 's€o�$g$zo8 489"b0a 03 o,.�pw _o m _� _VFaz" 'obg §w ��„ ao - �z ° dt 9°N °�oa9. s�a°osy��` cmaug Fo" =s =_? s 9F� I o° =s„ w o 'F ,m»€� Tp ag= 98- ''ae 1 o ap W Wzc z- 01 IP w H�°s�<`w3¢zFm"o" pso _ _ Fi vQ=o € yw�ssaLL=oBwc-Foy 08 so�J Fas'€°€eF6s�n?oyG�Fowd°k�ms�sc`s_am�"vw_s Ww3�w.F o °"s=5'=`;s�53°=wo���so 88 "ar8 o €'"xsdLL=��woz.w�$see€:s=s <sHw0osso 1 9 ss g M �a E�Fo 1.—M 2.1, § moo.. w o z1z T. 0 ��9 a w81 �. ! I- w EZ 2t FQo 2 ld�mo s ue; z. z a Wye Viz° - 8ye s�" S�ws= = � = we= az os smos�����°pw�p= 8€==Ea�s�36°� zsFFo " T,Q Rz 33§ °3' w €'€ °off °„ R'R "WsF °W hsw;pam a EWm� sip= m oop" 8t ; 6W�F. o =Gmm°s°s os°� ==p< s°°�= ""s °W� 20 o �2s�=a�sss�»a000° oaFss°�wsyo a°a W2 3Fa�8°- o78s<oaoo§o��p: sxa sss�'a ggj s<==a ,"=o I sw=o=.o"s =�ow �.;s=a.'LLs"5�=o� �oK _¢aova d=3F° °1F �o s `saiQ gpSM wz4 ag 3z� ova"moz =���g€=�N :ogm�`sa.aw °°°s°" pc� o°=�>s°s - o =cos== " " _ p�"8�"spy" �° :�z Qz '�-F"aaw`°w �s= t e"o!=a '"piHo°Eo*oa� €wo€ sa- sm-s5s a6°wpV« . , sP8H€a os�aoa ws=3N? ow�aw ° aoia,.s "w o �a FIpo=" 'IK. pamu_ wso"o°p _ Ea°a °m o o_oo Gio- �° �"HFo<a_1=� =a_0WH. so oW ° =s8�ws€" <�a52s�vk��sooaossat8asw - osoo ����€gym <s°. oas - g�wawa has s�i s=" poet aLL a08 - awls 8 T. _a=po�w- sos �' -H azo w" ows x° o� 8€ yam _ y � s s� >a � m ° 8 �.q.0o "�3N,Q�° =�oo� of Sao os o "spezagp 20 o35xa§�o=p qg°p�;: _� ° owaQ zw °�3o-=qa 'o€'°8 "$ .t y �§az_s�°o" "y=�.5oo €°iFsN— ffop a 1— �_F =onF "°-M. �a��a�a� F �ok"wawg8a� a p€o3o� sg °_aw�um ' soe=opas- s; =s=�a 0<7Ns=Ms"o o�co_ - u�s s o� �Yss'x .......................AUVNIWIl3Md:sniv15 }3 6g < Z H 1� m 3i8 A-; W p 0 O O ni WW��LLm iiz 0-5 ypwa, NwV W c 8$a3 w o w carc� F Z W V Y f `V Y . m m l i w o o V Z m U) N V mai 5"§g wo o wmc� O-V y W a F 0a rc wm co UN wE d: a °LL E # =o Hi r; ww : MH MU S =p wywa"s_R. -F y mn- o 40-Nmox,-oo H ja H so R �" w� =oS s= ° =E z E° °'gag=ma x E o� o s �oE�€ � E ,h 3 a° S _a„ w m s Imo€ m7 ow=wmpY=as€a ��=omti €,00 oyows< - '� � a € s=;' W- ps 7� smg o € �€ 3�p _ f .m.,—g- �F�� M,010 wo'^g�- ppHi �.��g � �� �;aop 'M o= �"yg�� � �wNSo��a°ew S8 _ ."H M -L9 o p a s m�°ao "w pm a �aw°wsomw���p"�� mF - x„gy sptwe Wiz"`E° =zbq G- - w3°m=F m,°wm=-. o�om ° s =o= 308 € €�"$ s w�aa�= SF� m=s= 's €�6- F wF� m 7-1. wm a=oo,zpx03"=��=a"xw amzo.= " 1» w�o�J-we�om wxow��aLL°�E _ goo "��_oW-a7gorww' "o�$ E o ._a�'s s��xses_$gmm _'sr .. `ss=H�_a o �Iqgg "A o w sz m€w E e ".: �= ys s=07 € �a g sao -po€€� d�a w " wax ;pt2o o„gym a�yo°W g 6i6ow woa"wo.N a 3��'so°� _ am°" g s�Noms°x �M � - $c p mm= Epp _ yti8 ma- ms?4 `ao moo= w'�vw� o€ Bg �T"= E" s.a ao�o= u � " �s wow o� w wwe G om s € � o€o W a 'WNH€;po w9-,,1;z m HUIaWe w��3;A;�az 2o`$a =gip=iu "g3ek'"<�o "„� Esc t� 4t3"»p�LL2433 goeo �a g" ws m 'aFm� ° eLL w "a ° �� m so m a =�aowz off: z-- ado - ow w� ss"=m w_�p wq"a wza memo " w m a Y2."F>v sFw§§ e�m B"wE=�O ..y m� $" m=E° "i`o5�w map �"' yam"'° as 5�5Eq 4� 3E"im°�F° C 2- °F3 Em - °�" mho 30= oW° pOHmo�W-, =a ? _ ay ;p_ o= �W o � a> w Yxa� w5:7 �2 3<a. ;gig �9 am s<� m z,P ap<em wxa LLw�ssmmsmg °maws==� s;o ;gym " " '="E3 ;^ga°woo ��°= Es�N„w�<m" ° a o mm w> -- "> Em3 m s x a"� ��� m ema o 'za'm"= rs g, ' 40= pia"� "�q�6sm6-'S `a �k;��o S> "Ooz"' Foomjw caw _�;8 �ca�Ra%1ov3����m�#'�oEE�'w�3p3"?� H�7c3#��opaEsW�m��w1.a"=w�we�€�°a <o< 'a mH a;o ° 'wh a $° wq= wnnsa$xs "=oar rymEs�os�E _maEgn LLe ° Roivoa =Y I'd a'd Ri 'd e�u"i °U¢ o3nR ., n- ., m�P .," " " " .. € M g � � � '`� m� p � � � z�z� � Iw��oa a sp sgy w�so °w uFop aY " oa mm 188H -==so 2Fso yy <x 1.s3 's yyj° ° E�= °e ° m - ° "dLL °'am19 = 5 "gym 3," Eo B QNE 8 3: "- o c Wy a�W goa .114 " W3 LL EU .,° � s8°� Via°°s'sm.x € 7€ "��� x V p -z!W w zmm 9� =eaa o.,—�x tswa o pm��„m =e x maE" 70 ia. g -a�ax x� asp= m p mm -7 w; sRx < a = g7pq m z w7o 7o36s a .. sg egg awwa" a: gzowwosa°_Wp oaQg� mza� ea 8 omm"s ><oa= ma wsoa m sF .< o Q -z o " �o �s „p o o= 3� a o t o1° _ "xoo»e°„ gEw- E_ air 3@ zz_ Etim� a� " o w" "" gga'm s; ° " s °a �'� '� °u ' `d '��C y° M I. °I'km �" w" �" " �� ]LLm `�° ��n� ;° s°jm wz `33 ° � «N a m oa m" mw ass" »w "'a ak'm gox _ o° y st z� 3a; <.�<"`a_c° 5' z X.off-o <smoW m w e o mw� ogmW>; o s W _zo = €somoe = owe "te a "s " �F� o ° " x °HL " m m" za >EaEa __� °-ms m��vmo o"=pow m a°da=m�°sa=�y=000;""="��axa;z =jx aaw„�� =e�°€ azH� az " wyd>p�p i„a m, ;�o= __m -- pia' W�,'oce's_="aox" �Q°°o°�=ooN;- °' mho- mapo=o�=�= mx=a1=" =p-_<�ws€ w��wg" s' was'« "'Mal am �_° °s 'aw �'��;� ° °sF"x�s> LL ��£ ; a'���p�zUOvipssoioo�a�m,#,o��i �w ��i�Wp� i4'�ai _ �ma�wwN° �m�o N�= <a; 8 mmoa" 0 5 „ommi°_ - - `" o3�°"faN"3^ w„ sogam = _�° ==o�aLL sa =�s dEo�'s€�°= maaa a€ �`'`e '-a<�mzx ° ,s R�E=om ,-m "8 =_8smR�$EH . �" :ALL " ..�R8z8°x� a"s........ ms .......'R�a4x sxmR ., " �s=sLLR� o�°8a �m _$ d Iz. =m e s �LL o 3w 5 s €w z w =°� »$o m ohm =c �� wa y _ 3 spa M R p a €� o qWsW " ° o ° �O< mo € w�mm�ou - ° #pau�" °o PI =sue s Noo Qo w m°sea�iso � 'H" 5 Jo"Y =g € _ �Fa� w::"poLL os'_ow;x °max 6aww e= a z " o _� .e p°s� _ �s°"" =gym op a � m m m o s� :ws's�msss z� x ° =m o. _os 's ° °� -" _ "�_.°m seoo �:_ 3 Gym is off° qw=€"-" °�mosm- _ smw am a x� Fa W� $8m W ° " �o�= m� a �_"<�" a� �.mwwam.s 's"� pad _"= saomn _� Mw off' °F 3° ° cww oo ""a a="°z�8as�8 w;mo�"�otl mg%R my3w `" i h°�d3mx"�� mjg boo o €aQ � =x "5 " mi=i --l'HI w MM 8NW= oT,z. a� �'s �d amp m ° =s m " E �w'=`gym==o emom="�'oo mew -=z" =ww; a`x'�_.m_ " " a�=mom _ �o° m Gm c° �5�4�_ ° ,°,tea mam ='E m °m� - �m §@ =ga=owsm _�==off% - --°�o<�d=n=sz" spa"3.=oo€a�ano" =ao�w"„agog;==_ s o " wpm" o Hw ga o m x F= s. "peg=m s o o °cao �„ 3 =a as so; ' 3 a gip" m _"' a °°R° aE °�=w°:x". _ € -�_�. o w m s-oP 6 -- - s - p Jim wsw�x�c =„60„ =boo„ __ "� grswmso'sx==oa�oww°=z�"aV=o=;oFw�° soa= =�os=o>o x6an LLWs;os'= ymsw,p.g q$oN%m� �`mYomE €° � I=E o °two" �$ �3sooa . f w�fu o `o o �a o =°'ammu m m9z. w = "sY " � „a s _ $ M -,5- o as osm soc a� " "z= - s a s€ ° �� so=��='" =oo ° �ws _ °� a =a=�o�o `3= s s=° —HIM � e�agfl � s=a6 s s..LL two€ss� g"»pow m ' oa "_ um gg s� =asw°��o��x _;_9gp9g a��samspm �$oY°�o�a��Ndoa°cam 'E`o4;EWo ez. �mgs"3= oqW Fy�oJogo..wm�"_3s;?�`d m �o "=aH. �"ma. m ° sy3 t# o� °ff �3„" tom °"_" e° m o?5�=m H °swm m »�a "off " „� �s w - "� ap �, � mp sus:=�gm€o4 _ � �%= ffl "..� $6a� € 5 m= ?.',8=a= °�-< x�8 ==�G E� Wm iy'~ - °tom �> o� ao ° ° °€ � x mF_ wg' m" wpo� �° ow H HH P.:a" 'amp z < mx mN a °z �p of =W� °�=s°o ono xw;o�s o e� E n ° a m m$„oh m o gym# ��"" aCm33 §oo # _ '��.=s E. p pri w�'8" ' swo who°vo"°om�°° w _ o= w as"==� o �� =z=°p`m` fflw U��w�°yo sus°m=�mm. € ��°�„m „- ° ='sc ms=. �- sm s o�so w 6"s c rso = m wa -'IH II �o € aoo € s V W,F H Ew �"ii p °� w< omsemt°° o ° 3r 'di= °w` m6LLS°y m�up�i°d�o'�zx z - 3 uN oLL u =�o w '==o ww o a ;" off$ ", R o'na =m� smFo w<LL _ =„s�"- 3a= _ of oE=ab° g€a' ~~ ;oy#°��°p =">'§'"=�o `""•�wy"e a� oSoU° z.=��=xmowozu _ - s wo°p°mgpm�oEFa-o% ='_ ">60- G n=y N`m�ow== °z w zmsa=��msw�»w° owecmammo - ad b .ame°6iH#"99 ww33 -�smLL $qy x' •o 'a } R"<3°i�wRg�.,.°uu',a3u'��: i'��'�RwE°u"°wo n,'n�'m �� '<ar_m<3m¢<Fi��ru'��tio .. n r r§,awd'<a�nu€=sOr_ °u�rc'"� im`d'hnL'� r o u m < na v mrvl 1ydd —1—Z 39ii aw— W a0 O a ai m oZQ V n ¢m3 76o air uumll FU VY h —°° w g V i rc v; m m oa 7 Q w i 3a �) eIOU m=3wy O wz w w 'oi B b p 1 w�x - i =w ¢ �~ � 3 �i �W ° ��w><Y=° � �_ i w � ° a�° p o 0 5 E �; �p 30 3 �c �o�o °o �Wuo�F�o��a .. �`'� x m w ° .11 log Ug� Hu go i n �a co ap RD Mm NgH!HHIH IN!jl hi j _�'� w off. �� LLp3 0" w�w�;W�°?� �3� $E" ="o ""8o =osg"'��k FF�w woE a °p wW pad i p� t-i =goo a ° WHOM a��$°ca33d�� ���$i°� epo�iow�pyk�LL �����s•e°�m.<� 'no ga%%9�3=� m� Is'�'s! ` _ 1 _— . I asLL LL J= O J Z r z.F O N v N f: i O Z r Z IL IU `sa`aS ai N zmo Wf wawi o� po y No' Fw w PhAn ig A111 NUo :o : Aso _mF ��= �m"s=�o�p d HHHHW< 'o € =a � Noi$ ����°��L�w����o�w�€ '�a� ode ip3 �$�TI�$c w oLLao,ma z o =wogswasa� aoff`°e s� 3 �o ��G � 4' w eat e s sus a�as<aaw_e sps zm3LLd�> FF 3 - l CC� r, � C31 e a•, 01 IF �1 t aI I I 1�I a �� �IIf 3 I � •�I y s;l` � �� � S1 zm- 91, i q$ IN a3 7aa ��3 $ iI i? I s111� 'Ii aw 4�y ` � 4 1-4 - iT 43�w M wca R =F wog s i I oo"_ I 7 i 1 ® :�W I I — J n W _ U Q U rn anw� n ° Y 111 1.1 33 a m� W g p c \ALL$! o° pzz DuJiQv N�0 oLLJ � uzm w Z Zfa ci may\ s; m m w a o Z y> G °V N w N a F w ww Lv w� d ° w�=Y w W MR z %m ado d -� w =wul � U _ _ iaai8�w S. .Q 4J rcz « N u W 3 U u M om o$°a5 pU s mWoa° yyogo m F im YMOYoao3 Ya°Yiis°3 HoU a H Q8ao W 8€ Z =LL ww o> o a'z wm�ma rc Z_ = WNW 0 GOJW� - H-n! k P B ¢ LU W 0 z O U w O a w J O Z Q F- W z ,kavNiwnaaa snivis m : 3 ` =p oyU �0 og o Uz� �ZW �L) �a V N Z m NZ_ > y w LU `� w Y 'o a I I I Al 3 pi All 1 r - 1 41� J�t3% k 1=�11I Ir;llII`E q� 4ysZ, Oe w'.L go - �.ay s �I \ u^�I � i � ^� � Ea�w �� I "•k a 4.1 a�a=c y� I 4„ W E q I I k ®� Al „e" � ;��,:, , r „! , °�'' f �% ~ ^ N lx a c s✓ NB• xa, 3 �,'0., �8 �©I ,J p .. .. ,(� ',, —_ •. .. R � I A � S i Z t 14 � Z .- Gr.^1:.." _ ... ,�D �� !�" 1. _ _ _ ` � • AUVF41VYI Ie18O •,I JIVl, m W �➢ w� i Y F. gip. Z V Zm �0 J coZ co >w 'o Z W �`n W w t7Q ZZ ss Qp IL M a ci w wf N n T ow w 'oi J Lo w o a % r w o � Q Z � N iM / J L 6 /, .. . IL O N CLZ a � Z co w w t O U) i J JLJJ W w CL U) CA W I AavNiwnaaa:snlvls w e�a� Zw mg=8 a� LOU 0-1 O Z \=LLm jim di' LLJ2 �C'QQW 'a o WW r. ONU �Z KU -o W*() Z M U) � Q c s j 6 Q Z �! a� ow tlJ F ZQ www "6 d az a �� o o o ❑ o o = W 8< J N CDL a a0 0 1 gZ wz - ='z w ❑x mo ww s x ❑ 1° b �Z Z " 5 ❑Q� ca U Um+ - UO "aim" a o=o ❑ a "opo LD mo ws z -H.H.—H F" w = po G z ❑ e . _LO o N = S "moo o w a ::s:: H z 8a r wok LLJ W e [ ❑ X° s $ o - 4e w r W 66 Y @ coo t6 aQr- ¢ W o=oQ _f I sae g Bea€$ate' o o QZLij x 53 3 °" }� �R �..�.,1 ale°3, a$-eiig• w "= a= w _2a tills �i 7Hop a�sgaY �Im!6- zwm ° �° ....... Q " 'M s HST r toy oo Wa Z o 44 '� w ms o W �° ` F w W G F- ag a o i� '� >❑ a H '�o: soo' o Q o= k d ja > 3 s i HH5 o ...°$w F "� Yo J$ a ii ❑ ° wo=LL H jj ceN wo Q i U - yawg U Sam H9 a ¢ B� 8Fjji a " mm sexy H x r ¢ �o i p $ O "PH� _ d¢-c1= NMI, �m' hH ii -4-o 00 c o m a ..�..�,<w,�rwN..,.. a�.,....•m........w,.w,..,,....... �.....,....,<w,,,.:....,..� AaVNIw113Md:snivis m x?9 < Z ¢ O H �0 a N N w;c fn 0 " Voffi� rw W z snW a V Wma {P z� m mG Zm o omum uj Io N w Na F Zq w ww a win - a ui u 2 W �— LL Za 'em =9 ky� ° 00 LU z W > u w Hw O Z ::) J J LL W d z.1 J LL W a m o Q w J O z z W a W5m ,50 J GNU Za. co ZQ z0 goy ins a~� a~O m0 0 F° 2 W s U s� U LL N Hot awns.s� Ut;, w Bois s J_ Q w Q 0 in J Z Q a 0 U 1a g3 w �f �p o � o �WnahnhbFF� w a Hg w w w aa:ca O p 2 2 Q Z z HE a °z 33333�m s; 2O 'o eg "af„hm ':fie w U 7 rw i, go - h" bbbhbb O z of ° j ° 22§z O s �zt;OH p° I Es A21tlNIWMMd:sniviS w m Z Q j LL}F JZ 0r M QN VQIlJ NU�QJ 0W <o d2. W^„mac 4za �s4a} F eo U)> W Q aL_WYV7 sicow w Z wNr d w�rY n 1O wE 'of z ��C C °a� =o �UP g Rio 8p$o�u $ Fo aZ 2 6 a �t d �5 2$� w ¢ DpDpp a �Zo �$ pp ppp ppp 1> $ }w ICI ppp pppp p ppppp ppp � Z O pp ppppp"' Q w� Z _& i2o� HNo€o a8w Z LL bF zgYw w gw H, HmdoW ¢ Z w i e Z J z w, 5a6z Boa - o m C yA Y ka� Nld3a"Mtlne Nm ��06d zI'� A F RR s" H _p o d w ¢ ""-5 a o� ou d J T ax ow 0 f— ¢W 5 w �� ao JD ¢ w o 4� an W¢ o a CL U U a w om Z } w ~ x €z � a CO �10 Z �wisxn F O a� N Aw J a p3;s� Y 3 gz w a35�a TL w — � � � � LL Z �HLLs Q w s � ao da a arc .� .a� sz o Y Q' o F z$I a 11E vi w w a s QW e s LL ¢ can Ha _ r` N • .wxn.�ww navmwf S�aa •�ffivl� rciup > '= NUJ �0 : F_ZW CU_Y Z� gip =) wniUZCO N i� j W w a' rn w N a F > Z w n j xo ww A ° N U n w z� tr IEa�; 1 l i3 3 'v If � I i Y V I ICE I'M z. 'x II7111 I FIE + I ,�' / 4 e�l £•� � J • I .� � Ikll ! H zo _ _ _ _ _ _ Vie€ ,•'��' I� �® la'• � :.� a� ,®I , Ba Via• � �� a .q.=i�,RL.e� 3 i �L' :4— —. e N.: � I o qj� S z = 0 e\\ sS g Pap' e J�Ag" Do $,4 7(rt fi II tiFc �o I I"ylg�1 rev �•..�b bs Ar. i�o G� j agag 115 'Wra A • ® h I {� - � �ZK3i I - I I II® I I FLQfi 4 rfrT oa SOLA 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: Susan Simpson, Deputy City Manager DATE: J u ly 16, 2026 RE: Approval of a Use and Occupancy Agreement with the Florida Department of Transportation for Parcel No. 3129 RECOMMENDATION: This item is presented for consideration by the City Commission. REASONS: Previously the City entered into a Use and Occupancy Agreement with FDOT for Parcel Number 7756 for the use of State land to provide a pay -for -parking public lot and green open space. With the opening and activation of surrounding properties, more parking is needed in this area. As such, the City approached FDOT to rent additional State land under the eastbound lanes of Sunny Isles Bvld. In an effortto accomplish this, FDOT determined it was in the best interest of both parties to enter into a new agreement for the land that would be utilized as public parking, naming it Parcel Number 3129, and amend the agreement for Parcel Number 7756 to allow for only open space, with no commercial use. This new agreement for Parcel Number 3129 will include both parking areas and will require the City to remit 40% of parking revenues to the State. These are the same terms as other State owned parcels being utilized for parking at the William Lehman Causeway. ADDITIONAL INFORMATION: This lease term begins on the effective date and expires on March 31, 2029. This agreement is required for the City to continue to operate the Bella Vista Bay Public Parking lot as it currently exists. This agreement also gives us the opportunity to develop additional public parking in the adjacent under ramp area to the east if the City Commission so desires. Exhibit B depicts the possible future development of additional parking if and when the City Commission approves to do so. Item Number: 9.13 49 FUNDING SOURCE: The design and construction of the additional public parking lot is included in the City's Capital Improvement Program budget if the City Commission chooses to move that project forward. Shared parking revenues are budgeted for in the general operating fund and is based on revenues. ATTACHMENTS: Use & Occupancy Agreement - 3129 Item Number: 9.13 50