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Home My WebLink AboutReso 2012-1951 RESOLUTION NO. 2012- jq 5 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE RENEWAL OF 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 AN EFFECTIVE DATE. WHEREAS, the Pier was operated by its former owner Newport Operating Corporation, through a submerged land lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, from 1984 until April 23, 2007; and WHEREAS, in 2008, when the City took over operations of the Pier, the City entered into an agreement with the State of Florida to lease the submerged land for the use of the property known as the Newport Fishing Pier (the "Pier") located at 16701 Collins Avenue; and WHEREAS, the City Commission wishes to renew the submerged land lease agreement - with the State of Florida in order for the City to continue to operate the Pier; and WHEREAS,the City Commission finds that entering into this submerged land lease with the State of Florida is in the City's best interest and is a necessary step in a myriad of procedural actions required to successfully repair and re-open 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 Agreement. The Sovereignty Submerged Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, providing for the operation of the fishing pier, ticket booth and restaurant, attached hereto as Exhibit "A", be and the same, is hereby approved in substantially the same form. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Sovereignty Submerged Lands Lease. Section 3. Authorization of the City Attorney and the City Manager. The City Attorney and the City Manager are hereby authorized to do all things necessary to effectuate the terms of this Sovereignty Submerged Lands Lease. Approving Sovereignty Submerged Lands Lease with the State of Florida Page 1 of 2 Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of July, 2012. .� / orman S. Edelcup, Mayor ATTEST: Jane A. Hines, CMC, City Clerk APPRO ED S TO FORM AN 1 t.A /.i FICIENCY: AAA an •tti t, City A orney Moved by: J Ca. Oly17-41kt-iJe.. Seconded by: �,k4 OU—. Vote: 5-b Mayor Edelcup t/(Yes) (No) Vice Mayor Thaler ,/ (Yes) (No) Commissioner Aelion Yes) (No) Commissioner Gatto es) (No) Commissioner Scholl (No) Approving Sovereignty Submerged Lands Lease with the State of Florida Page 2 of 2 MED 11111 1111111111 11111 1111111111 1111311 =FN 20 J2R0 721:11.6 OR B], 28?28 P9s 1867 - 1899; (33p9s) RECORDED 08/14/2012 13156:06 DEED DOC: TAX 0.60 SURTAX 0.45 HARVEY R.UVIN: CLERK OF COURT MIAMI-DADE COUNTY; FLORIDA This Instrument Prepared By: Tiana Brown Recurring Revenue Section 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 FEE WAIVED LEASE RENEWAL AND MODIFICATION TO INCREASE SQUARE FOOTAGE BOT FILE NO. 130174356 PA NO.0295091-001-JC 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 the faithful and timely performance of and compliance with all terms and conditions stated herein,the Lessor does hereby lease to City of Sunny Isles Beach,Florida,hereinafter referred to as the Lessee,the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 14 , Township 52 South,Range 42 East,in Atlantic Ocean, Miami-Dade County,containing 18,545 square feet,more or less, as is more particularly described and shown on Attachment A,dated September 21,2011. TO HAVE THE USE OF the hereinabove described premises from October 27,2011,the effective date of this modified lease renewal,through April 23,2017,the expiration date of this modified lease renewal. The terms and conditions on and for which this modified lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a public fishingpier with a non-water dependent ticket booth/bait and tackle shop and restaurant,a life guard station and Aquatic Safety Center on the second floor exclusively to be used for fishing and passive recreational activities only in conjunction with an upland public beachfront park and condominium,without fueling facilities,without a sewage pumpout facility,and without liveaboards as defined in paragraph 25 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 part of this lease by reference.The construction of the structures described in Attachment A shall be completed within the initial term hereof or within the first 5 years of the initial term if the initial term is for a period greater than 5 years. The failure to complete the construction of all authorized structures within this time period shall constitute a material breach of the lease causing the lease to automatically terminate upon the expiration of the initial term or first 5 years,whichever is sooner,without any right of renewal. All of the foregoing subject to the remaining conditions of this lease. [02-29] 2. 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 State of Florida Department of Environmental Protection Consolidated Joint Coastal Permit. 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 B 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. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(1)(b)7.,Florida Administrative Code,for a fee waived lease,the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011,Florida Administrative Code,and if applicable,remove any structures which may no longer qualify for authorization under this lease. 3.EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine,for the term of this lease including any renewals,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. 4.MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i)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 term of this lease and any renewals 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. 5. 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. 6. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease,the Lessee shall maintain the interest 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,and if such interest is terminated,the lease may be terminated at the option of the Lessor. 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 effect 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. 7. 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 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. 8. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers,employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto,as provided in Section 768.28,Florida Statutes, as amended from time to time,or any other law providing limitations on claims Page 2 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 9.NOTICES/COMPLIANCE/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 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. 10. 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. 11.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. 12. MAINTENANCE OF FACILITY/RIGHT 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. 13. NON-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. During the lease term,the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements,and,in the event that said placard becomes illegible at any time during the term of this lease(including any extensions thereof),to notify the Lessor in writing,so that a replacement may be provided. 14.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. 15.PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Page 3 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 p ray B 16.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 Lessee is in full compliance with the terms of this lease,the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current tens hereof. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. If the Lessee fails to timely apply for a renewal,or 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 lessee and Lessee's successors in title or successors in interest. 17.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 9 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. 18. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 17 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. 19.RECORDATION OF LEASE: The Lessee,at its own expense,shall record this fully executed lease in its entirety in the public records of the county within which the lease site is located within fourteen(14)days after receipt,and shall provide to the Lessor within ten(10)days following the recordation a copy of the recorded lease in its entirety which contains the O.R.Book and pages at which the lease is recorded. 20.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. 21. 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 facility. 22. 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 activitiesexcept as authorized in this lease and conditioned by Special Lease Condition No.27 A,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 agreement. Page_4 of 33 Pages Sovereignty Submerged Lands Lease No.130174356 SIB 23.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. 24.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. 25.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 of ten(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. 26.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. 27.SPECIAL LEASE CONDITIONS: A. 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. B. This lease is granted as a fee-waived lease provided the Lessee operates and maintains the structures and qualifies for the waiver pursuant to subparagraph 18-21.011(1)(b)7.,Florida Administrative Code. Lessee agrees to pay the Lessor lease fees beginning with the operation of any portion of the fishing pier,aquatic center or restaurant by a private entity. Lessee agrees to notify the State of Florida Department of Environmental Protection of any changes in use described in paragraph 1.of this lease,prior to any portion of the leased premises being operated by a private entity or prior to any part of the leased premises becoming an adjunct to a commercial endeavor. C. Within 30 days after each anniversary of the effective date of this lease,the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection,Division of State Lands,Bureau of Public Land Administration,3900 Commonwealth Blvd,MS 130,Tallahassee,FL 32399. "Income"is defined in subsection 18-21.003(31),Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. Page 5 of 33 Pages Sovereignty Submerged Lands Lease No. 130174356 r� WITNESSU : / BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE ,4 t.A . .A 11. 4 ♦ OF FLO' DA On_inal Signature fS LI IA ' OJT BY: ALI u t/T ameof .,e Jeffery Mfc,entry,•.erationsan.Management Consultant • , o Manager,Bureau o ' blic Land Administration, j1 _I i t'i..r ,,, " Division of State Lands,State of Florida Department of Orit nal Signatur V Environmental Protection,as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida '0 i _ 6114111 Print/Type Name.f Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON ! The foregoing instrument was acknowledged before me this ; day of ,2t4�;by Jeffery...Gentry Operations and Management Consultant Manager,Bureau of Public Land A istration,Division of State Lands, thte of Florida Department of Environmental Protection,as ag: t for and on behalf of the Board of Trustees of the Intern.' provement Trust Fund of e State of Florida. He is. rson. 1 own to me. , APPR• r• • •TI O: A I E •LITY: t :4 `LJKIA 1._L 1 t ` ' ' N. • Public,S• -of Florida g,1 DE:A orney ' 4�tsrr" Notary Public State of Florida Kathyy��,G„riffin Prin••dy, Stivi-yr lrhlfll iion EE148787 loin Expires 11/27/2015 My • . . • - Commission/Serial No. WITNESSES: C' of Sunn Isles Be. h F.rida SEAL 1 u■Wl • BY: A4/11.14/6.7-2/ •Jginal Sit. Orig. al Signature of xecuting Authority 1L S ' D a i N Q- N.. an S.Edelcu. T 1.r fr�,• I, itness T .-d/Printed Name of Executing Authority ' la..:.:...�cmoll Mayor Orig to Signature Title of Executing Authority Typed/Printed Name of Witness "LESSEE" STATE OF #- , (2 Itt COUNTY OF IY I: —aYt-t E. N, The foregoing instrument was acknowledged before me this 4-� day of ,201. . ,by Norman S.Edelcup as Mayor,for and on behalf of City of Sunny Isles Beach,Florida. He is perso ly known to me or who has produced ,as identification. My Commission Expires: — Z IIV----:"--; Notary Signature S (31 ao 1 - Notary Public,State of FII Lb21 O A / , ` SF�N� A A . # u E . Commission/Serial No.1J� 8b 3(e7 Printed,Typed or Stamped Name Page 6 of 33 Pages �►"''"ve Notary Public State of Florida Sovereignty Submerged Land Lease No.130174356 tp ry Jane A Hines APP:2T D . TO IRM AND LEGALITY: "c -po Expires 05/13/2013 ■ poi no Expires 05/13/2013 I� iii_. (/.- ,r . OTTINOT, CITY ATTORNEY 1.-,1 l 4 �T, '�'4.!:'''''44,,,,l'''',� 1 I V - 4 iri . �: SPECIFIC PURPOSE SURVEY _--- j12 a—^ I :,.i ..4•0„ _ . • ,...2J . g _ _ ____. , ______ h .i UNY ISLES -� 'Cb Y E If Vert.. � � SIT y SECTION 14, TOWNSHIP 52 -- SOUTH, RANGE 42 FAST r F1 Vh D S LOCATION MAP OCT 1 E 2011 1 6 NOT TO SCALE N SURVEYOR'S NOTES: AND COA6fALSY611::M3 m 1. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. I 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED. BY THE SURVEYOR. FOR RIGHTS-OF-WAY, EASEMENTS. OWNERSHIP OR OTHER INSTRUMENTS OF RECORD. j 3. UNLESS OTHERWISE NOTED. THIS FIRM HAS NOT ATTEMPTED TO LOCATE UNDERGROUND UT1UUES. TO DELINEATE ANY POSSIBLE WETLANDS. FOOTINGS AND/OR FOUNDATIONS. g 4. THE LEGAL DESCRIPTION SHOWN HEREON WAS PROVIDED BY THE WENT. v, 5. THIS SURVEY AND DESCRIPTION REPRESENTS A STRUCTURAL MODIFICATION OF EXISTING LEASE No. 130174356. 3 6. BEARINGS AND COORDINATES SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE. NAD 1983 WITH THE 1990 ADJUSTMENT AS DERIVED FROM PROJECT NETWORK CONTROL POINTS ATRAB, ATRA13 AND II• SNCS AS SHOWN ON SHEET 8-17, LABELED PROJECT SURVEY CONTROL", OF THE STRUCTURE PLANS FOR NEWPORT FISHING PIER. PREPARED BY MARLIN ENGINEERING AND SAID SHEET B-17 BEING LAST DATED JUNE 15, 2010. COORDINATES USED FOR SAID CONTROL POINTS ARE AS FOLLOWS: m POINT NUMBER X(EASTNG) 7(NORTHING), 4 ATRAB 942881.022 581315.967 3• ATRA13 944365.762 581391.854 n SNCS 944578.010 581193.730 c THE BASEUNES FOR SUNNY ISLES BEACH BOULEVARD (STATE ROAD 826) AND COLONS AVENUE (STATE ROAD A-1-A) AS o SHOWN HEREON WERE ESTABLISHED BY CALCULATION USING COORDINATES SHOWN Off SAID 'PROJECT SURVEY CONTROL" SHEET. BEARINGS SHOWN HEREON ARE RELATIVE TO A CENTERLINE OF STATE ROAD 826 (SUNNY ISLES OCEAN BEACH BOULEVARD).WITH SAID UNE HAVING A BEARING OF NORTH N8718'11 EAST. _ U `o THE CENTERUNE OF CONSTRUCTION FOR THE PROPOSED PIER AND THE LOCATION OF THE PILES, AS SHOWN HEREON. WERE " E ESTABLISHED BY CALCULATION USING COORDINATES AND DIMENSIONS SHOWN ON SHEETS B-18 THROUGH B-22 OF SAID STRUCTURE PLANS FOR NEWPORT FISHING PIER. i THE DIMENSIONS AND LOCATION OF THE RESTAURANT WERE TAKEN FROM THE PLANS TITLED 'REPLACEMENT OF NEWPORT FISHING PIER AND RESTAURANT', LABELED PERMIT DOCUMENT SET, NOT FOR CONSTRUCTION"AND LAST DATED DECEMBER fi O 7.2010. o u 7. ELEVATIONS SHOWN HEREON ARE RELATIVE TO NORTH AMERICAN VERTICAL DATUM OF 198B. TIDAL BENCH MARK STAMPING E NO. 1 1973, DESIGNATION 872 3050 TIDAL 1, MONUMENTATION: TIDAL STATION DISK. WA NO.5752, PIO NO.AC 3279, _ AGENCY/DISK TYPE: NOS. SETTING CLASSIFICATION: CONCRETE MANHOLE COVER. DESCRIPTION: THE BENCH MARK IS IN 'O. o THE NW CORNER OF A CONCRETE MANHOLE COVER NEAR THE FOOT OF THE NEWPORT FISHING PIER; IN LINE WITH THE 5 CENTERLINE OF SUNNY ISLES BOULEVARD; 17.1 M (56.2 FT) SW OF THE SW CORNER OF A TACKLE SHOP; 10.3M (33.9 FT) v m NORTH OF A WIRE FENCE ATOP A SEAWALL AROUND THE CASTAWAYS HOTEL; AND 0.3 M (1 FT) ABOVE GROUND LEVEL. 0 THE BENCH MARK IS A DISK SET FLUSH IN A CONCRETE MANHOLE COVER. ELEVATION. 9.04 (NAVE) 88)(BECHMARK a 0,DESTROY) OE a 8. THE MEAN HIGH WATER (MHW) DATA SHOWN HEREON WAS OBTAINED FROM THE LAND BOUNDARY INFORMATION INTERNET ` YIEBSITE WWW.LABINS.OR INTERACTIVE MAP.THE MEAN HIGH WATER ELEVATION AS SHOWN HEREON WAS ESTABLISHED BY G' EXTENDING THE ELEVATION SHOWN AT MEAN HIGH WATER INTERPOLATION POINT NO. 872-3050. m yl o n 9. THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE LOCATION OF THE PROPOSED PIER IN RELATION TO THE RECORDED SOVEREIGNTY SUBMERGED LAND LEASE. s v. 3 -Calvin,Giordano€Associates,Inc. NEWPORT FISHING PIER SCAM PAST w nm a A EXCEPTIONAL SOLUTIONS N. T. S. 11-4239 .1L O {SppMrA+..Sake 4fND.Fri lsdndrr.11sr&;1311 CITY OF SUNNY ISLES BEACH tX41a �� ' L fTw.:954.9 I.1m r,e vsev:Lrw' MIAMI-DADE COUNTY, FLORIDA •Certificate of Authoritatlon 6791 09-21-11 see left 10 o:i Attachment A Page 8 of 33 Pages SSLL No. 130174356 'i / SPECIFIC PURPOSE SURVEY DESCRIPTION OF LAND LEASE FOR NEWPORT FISHING PIER 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 87-76-A-05 AT COORDINATES Y=573.636.558. X=788,259.795; THENCE NORTH 02'35'35"EAST,FOR A DISTANCE OF 2,588.37 FEET TO A POINT; THENCE NORTH 007978' 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.577,903.659, X=758,362.484; THENCE NORTH 04'01'17'EAST.FOR A DISTANCE OF 865.87 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 446,46 FEET TO A POINT; THENCE NORTH 01'3118"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.OD FEET TO A POINT; THENCE NORTH 58'4819"EAST, FOR A DISTANCE OF 176.87 FEET TO A POINT ON THE NORTH-RIGHT-OF WAY LINE OF STATE ROAD 826 (SUNNY ISLES OCEAN BEACH BOULEVARD),SAID POINT BEING ALSO LOCATED ON THE SOUTH PROPERTY UNE OF WESTGATE MIAMI BEACH, A CONDOMINIUM.DESCRIBED IN OFFICIAL RECORD BOOK 17116. PAGE 1478 OF THE PUBUC 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 87'17'49' EAST (NORTH 86'20'46' EAST FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, STATE ROAD NO. 826, SECTION 57170-2517, 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, 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 UNE (MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN ELEVATION 1.75 ¢ FEET REFERENCE TO 0.00 FEET MEAN SEA LEVEL (NORTH AMERICAN VERTICAL DATUM) SHOWN ON A MAP FILED AUGUST 3, 1988 IN H PLAT BOOK 134, PAGE 47 OF THE PUBUC RECORDS OF DADE COUNTY, STATE OF 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 26619, PACE 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 87'17'49' EAST, OUT TO THE ATLANTIC OCEAN FOR A DISTANCE OF 102.94 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 552.88 FEET TO A POINT IN THE ATLANTIC OCEAN; vI THENCE NORTH 02'42'11' WEST, FOR A DISTANCE OF 30.00 FEET TO A POINT IN THE ATLANTIC OCEAN: cn THENCE NORTH 8T17Y9- EAST, FOR A DISTANCE OF 48.00 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE SOUTH 02'42'11' EAST, FOR A DISTANCE OF 55.00 FEET TO A POINT IN THE ATLANTIC OCEAN: THENCE SOUTH 8777'49' WEST, FOR A DISTANCE OF 48,00 FEET TO A POINT IN THE ATLANTIC OCEAN; u THENCE NORTH 02'42'11" WEST, FOR A DISTANCE OF 15.00 FEET TO A POINT IN THE ATLANTIC OCEAN; 1 THENCE SOUTH 8717'49' NEST, FOR A DISTANCE OF 552.88 FEET TO A PONT 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" WEST, FOR A DISTANCE OF 110.08 FEET TO A POINT ON THE AFOREMENTIONED DADE COUNTY EROSION o CONTROL LINE; THENCE NORTH 0710'35' EAST (PLAT BOOK 134, PAGE 47), ON SAID DADE COUNTY EROSION CONTROL LINE FOR A DISTANCE OF 6.70 FEET TO THE POINT OF BEGINNING. o ALL OF THE ABOVE LYING AND SITUATE IN A PORTION OF SECTION 14. TOWNSHIP 52 SOUTH. RANGE 42 FAST, COUNTY OF DADE, STATE OF FLORIDA, CONTAINING 18,545 SQUARE FEET MORE OR LESS. P °c DESCRIPTION OF PORTION OF RESTAURANT LYING SEAWARD OF THE EROSION CONTROL LINE W A PORTION OF SECTION 14. TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY ° DESCRIBED AS FOLLOWS: 5 COMMENCING AT THE INTERSECTION OF THE BASELINE OF STATE ROAD A-1-A COLLINS AVENUE) WITH THE BASELINE OF SURVEY OF STATE ROAD 826 (SUNNY ISLES OCEAN BEACH BOULEVARD) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY o MAPS FOR STATE ROAD 825, SECTION 87170-2517, SHEETS 3(LAST DATED FEBRUARY 18, 1988) AND 4(LAST DATED MARCH 31, 1989) a° u OF 8 SHEETS; THENCE NORTH 8717'49' EAST ON SAID BASELINE OF STATE ROAD 526 (SUNNY ISLES OCEAN BEACH BOULEVARD) A DISTANCE OF 50.55 2 FEET TO THE INTERSECTION WITH A UNE 50.00 FEET EAST OF AND PARALLEL WITH SAID BASELINE OF SURVEY OF STATE ROAD A-1-A (GOWNS AVENUE); 'G °" 51,5 Calvin,Giordano Associates,Inc. NEWPORT FISHING PIER N. T. S. , 11-4239 ` A �E X C E F T I O N A t SOLUTIONS 2 CITY OF SUNNY ISLES BEACH IWO a . . a .RN ; Plow 999.971.1111 far 954.11.1007 DATE �� 6 MIAMI-DADE COUNTY, FLORIDA 09_21-11 see let 10 ■Coriiftcate of Authorization 0701 Attachment A Page 9 of 33 Pages SSLL No. 130174356 `i k„') J SPECIFIC PURPOSE SURVEY CONTINUED THENCE NORTH 0610'23" EAST ON SAID PARALLEL UNE, A DISTANCE OF 38.51 FEET TO A POINT OF INTERSECTION MTH THE WESTERLY PROJECTION OF THE NORTHERLY RIGHT-OF-WAY UNE OF SAID STATE ROAD 826(SUNNY ISLES OCEAN BEACH BOULEVARD): THENCE NORTH 8717'49" EAST ON SAID WESTERLY PROJECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 826 (SUNNY ISLES OCEAN BEACH BOULEVARD), A DISTANCE OF 421.77 FEET TO A POINT ON THE EROSION CONTROL LINE AS SHOWN IN PLAT BOOK 134, PAGE 47, OF THE PUBLIC RECORDS OF MIAMI-DARE COUNTY, FLORIDA AND ALSO BEING THE L1051 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 CHANGE DESCRIPTION OF USE RECORDED IN OFFICIAL RECORDS BOOK 26619,PAGE 3725, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND THE POINT OF BEGINNING; THENCE NORTH 0710'35" EAST ON SAID EROSION CONTROL LINE AND WESTERLY LINE OF SAID SOVEREIGNTY SUBMERGED LAND LEASE FOR NEWPORT FISHING PIER, A DISTANCE OF 26.11 FEET; THENCE NORTH 8717'49"EAST, A DISTANCE OF 91.20 FEET; THENCE SOUTH 02'42'11"EAST, A DISTANCE OF 32.00 FEET; THENCE SOUTH 8717'49"WEST, A DISTANCE OF 96.77 FEET TO THE INTERSECTION WITH SAID WESTERLY UNE 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-573,636.558, X 788,259.795 THENCE NORTH 02'35'35"EAST,FOR A DISTANCE OF 2,588.37 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-577,903.859,X-768,362.484 ; U, iTHENCE NORTH 04'0117"EAST, FOR A DISTANCE OF 865.87 FEET TO A POINT; THENCE NORTH 0179'13"EAST, FOR A DISTANCE OF 551.61 FEET TO-A POINT; THENCE NORTH 00'30'05"EAST,FOR A DISTANCE OF 446.46 FEET TO A POINT; THENCE NORTH 01'31'18"EAST,FOR A DISTANCE OF 383.79 FEET TO A POINT; THENCE NORTH 0707'43"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 116.87 FEET TO A POINT ON THE NORTH-RIGHT-OF WAY LINE OF STATE ROAD 826 (SUNNY ISLES OCEAN BEACH BOULEVARD),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 8717'49" Y EAST (NORTH 86'20'46" EAST FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, STATE ROAD NO. 826, SECTION 87170-2517, SHEET 4 OF 8)FOR A DISTANCE OF 120.89 FEET TO A POINT WHERE DADE COUNTY COASTAL CONSTRUCTION UNE 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; o THENCE CONTINUE ON THE NORTH RIGHT OF WAY LINE 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 HIGH WATER LINE OF THE ATLANTIC OCEAN ELEVATION 1.75 FEET REFERENCE TO 0.00 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 UNE $, OF SOVEREIGNTY SUBMERGED LAND LEASE FOR NEWPORT FISHING PER, AS CONTAINED IN THE STIPULATED SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL AND MODIFICATION TO REFLECT CHANGE IN OWNERSHIP AND CHANGE DESCRIPTION OF USE S RECORDED IN OFFICIAL. RECORDS BOOK 26619, 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 671749'EAST,OUT TO THE ATLANTIC OCEAN FOR A DISTANCE OF 102.94 FEET TO A POINT IN THE ATLANTIC OCEAN; 4 it THENCE SOUTH 02'4211"EAST, FOR A DISTANCE OF 9.00 FEET TO A POINT IN THE ATLANTIC OCEAN; n THENCE NORTH 8717'49" EAST, FOR A DISTANCE OF 552.68 FEET TO A POINT IN THE ATLANTIC OCEAN; op° THENCE NORTH 02'42'11'WEST, FOR A DISTANCE OF 30.00 FEET TO A POINT IN THE ATLANTIC OCEAN; .P i 2 THENCE NORTH 8717'49"EAST,FOR A DISTANCE OF 48.00 FEET TO A POINT IN THE ATLANTIC OCEAN; A THENCE SOUTH 02'42'11"EAST, FOR A DISTANCE OF 65.00 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE SOUTH 8717'49" WEST.FOR A DISTANCE OF 48.00 FEET TO A POINT IN THE ATLANTIC OCEAN; CONTINUED CC I Calvin,C"°—FdNAL lOLU1es,Inc, NEWPORT FISHING PIER •"' I�11— SWAT EXCEPTIONAL SOL D110N5 N. T. S. I 4239 (IEro a,DM.UMW°.Fonl41.410,FrAb 3I1IE CITY OF SUNNY ISLES BEACH — 3 {n..r_n4nl.Tl•I n •54.!"Kn MIAMI-DADE COUNTY, FLORIDA �� "�� ••CartiTcat.of Authorization 0791 09-21-1 1 see left 10 a ' Attachment A Page 10 of 33 Pages SSLL No. 130174356 SPECIFIC PURPOSE SURVEY CONTINUED: THENCE NORTH 02'42'11"WEST, FOR A DISTANCE OF 15.00 FEET TO A POINT IN THE ATLANTIC OCEAN; THENCE SOUTH 8717'49" WEST, FOR A DISTANCE OF 552.88 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" WEST. 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 . LESS THEREFROM THE FOLLOWING DESCRIBED RESTAURANT PARCEL: A PORTION OF SECTION 14, TOWNSHIP 52 SOUTH, RANGE 42 EAST,MIAMI-DADE COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FLORIDA DEPARTMENT OF TRANSPORTATION SPOR ATION ROAD WAY MAPS FOR ISLES ATE ROAD 826C SECTION LL87170-2517,A8 � (LA DATED FEBRUARY 16. 1988)AND 4.(LAST DATED MARCH 31, 1989)OF B SHEETS; THENCE NORTH 8717'49" EAST ON SAID BASELINE OF STATE ROAD 826 (SUNNY ISLES OCEAN BEACH BOULEVARD) A DISTANCE OF 50.65 FEET TO THE INTERSECTION WITH A LINE 50.00 FEET EAST OF AND PARALLEL WITH SAID BASELINE OF SURVEY OF STATE ROAD A-1-A(COLLINS AVENUE): THENCE NORTH 06'30'23" EAST ON SAID PARALLEL UNE, A DISTANCE OF 38.51 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY PROJECTION OF THE NORTHERLY RIGHT-OF-WAY UNE OF SAID STATE ROAD 826 (SUNNY ISLES OCEAN BEACH A BOULEVARD); THENCE NORTH 87'17'49" EAST ON SAID WESTERLY PROJECTION OF THE NORTHERLY RIGHT-OF-WAY UNE OF SAID STATE m ROAD 826 (SUNNY ISLES OCEAN BEACH BOULEVARD A DISTANCE OF 421.77 FEET TO A POINT ON THE EROSION CONTROL UNE AS ONM IN PLAT BOOK 134, PAGE 47. OF E PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND ALSO BEING w SH THE MOST WESTERLY LINE OF SOVEREIGNTY SUBMERGED LAND LEASE FOR NEWPORT FISHING PIER, AS CONTAINED IN THE a STIPULATED SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL AND MODIFICATION TO REFLECT CHANCE IN N OWNERSHIP AND CHANCE DESCRIPTION OF USE RECORDED IN OFFICIAL RECORDS BOOK 26619, PAGE 3725, OF THE PUBUC m RECORDS OF MIAMI-DADE COUNTY,FLORIDA. AND THE POINT Of BEGINNING: I THENCE NORTH 0710'35"EAST ON SAID EROSION CONTROL LINE AND WESTERLY LINE OF SAID SOVEREIGNTY SUBMERGED LAND n LEASE FOR NEWPORT FISHING PIER,A DISTANCE OF 26.11 FEET; N THENCE NORTH 871 7'49'EAST, A DISTANCE OF 91.20 FEET; r z THENCE SOUTH 02'42'11"EAST, A DISTANCE OF 32.00 FEET; U THENCE SOUTH 8717'49"WEST, A DISTANCE OF 96.77 FEET TO THE INTERSECTION WITH SAID WESTERLY LINE OF SUBMERGED N LAND LEASE FOR NEWPORT FISHING PIER AND SAID EROSION CONTROL UNE: i THENCE NORTH 0710'35"EAST ON SAID EROSION CONTROL LINE, A DISTANCE OF 8.37 FEET; TO THE POINT OF BEGINNING; In' SAID LANDS LYING IN THE CITY OF SUNNY ISLES BEACH, MIAMI-DADE COUNTY, FLORIDA, AND CONTAINING A NET AREA 15,537 1, SQUARE FEET(0.357 ACRES), MORE OR LESS. m` AREA TABULATION: - NET AREA OF LEASE AREA FOR $ NEWPORT FISHING PIER - 15.537 SQUARE FEET(0.357 ACRES) PORTION OF RESTAURANT LYING SEAWARD °c OF THE EROSION CONTROL LINE ■ 3.008 SQUARE FEET(0.069 ACRES) TOTAL AREA - 18,545 SQUARE FEET(0.426 ACRES) c P n E CERTIFIED TO: W BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. I. ° SURVEYOR'S CERTIFICATE: d E I HEREBY CERTIFY:,JMAT TH1S "SPECIFIC PURPOSE SURVEY" OF THE PROPERTY DESCRIBED HEREON IS TRUE AND CORRECT TO THE BEST OF.IITOWNOWLEOG£ AND BELIEF AS RECENTLY SURVEYED AND DRAWN UNDER MY SUPERVISION. THIS SKETCH o COMPUES WIla THE N TECHNICAL STANDARDS SET FORTH BY THE FLORIDA STATE BOARD OF PROFESSIONAL SURVEYORS 5 AND IN;Y� 17 ,, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES. P :•"- ,+ DATE(1E I' •'K: AU••■ 361-,'2011 0 � CALVIN, GIORDANO 4 ASSOCIATES, INC. o i •N (r',. 1(E / .j:V/TED _- 011 2 SK:NED � n • ��R(( �` Ti WW,E i�, rr a -? •• ,,•• • fe4 AND I�APPER • FLORID REOSTRATKAI_Nr,.4,4,79 EXCFiGiotAa v4, ssa (pgEP�iTC. NEWPORT FISHING PIER °`"`� `" T- " ' A EkCEFTIONAL,.� UilONS N. T. S. I 11-4239 Iy� '8 IWO Hu OMe..W;1100.Fat ladnMe.Few 33316 CITY OF SUNNY ISLES BEACH 2 \'l FM-,954.921.1791 fat 954.9211907 wT[ rGDRF i `J c9.ullo.c9 of A„1n9n�auon e7e1 MIAMI-DADE COUNTY, FLORIDA 09-21-1 t I see left to Attachment A Page 11 of 33 Pages SSLL No. 130174356 W 1.0 0 W r____ __, . G Z I > N cill O LLI� a � YG � N CO, ii I 2 NY II P ' o °III N I! F.i i b ° Nr dldi , J o I �Hii co ce `� CO LL I "0 -.L 1 F/ Z R m I cc i a '' 1 0NG s V ( j$ aLLQ I' 3 o 9 & cs U r -. . -� 1 ZH2 1 co i! a �iG E �iiai._E y /1 p!!! Y 1 , 6— g; ;co T ¶p R?o 1;' 1 P; O �y_'_ 411 O s x $ 1 . dd 9 cr. I i Z ! ---H:----- _ii-g AI o 1-. p -2 5 L.__ 'L 1 _ V N V,9 y` W .. c„, O Attachment A Page 12 of 33 Pages SSLL No. 130174356 MATCH LINE A-A MATCH LINE B-B (SEE THIS SHEET) (SEE SHEET 7 OF 10) N00'30'05.1"E (R) N00'30'27.0"E (C) 446.464' (C&R) NO2'11'53.9"W 436.116' (R) NO2'11'32.0"W 437.003' (C) N01'29'13.1°E (R) NO1'29'35.0"E (C) 551.607'(R&C) NO2'07'43.1"E (R) NO2'08'05.0"E(C) 401,175'(R&C) s N04'01'17.1"E (R) i. N04'01'39.0'E(C) m 865.870'(R&C) w N01'31'18.1"E (R) o CONCRETE MONUMENT N01'31'400'E C ) 87-78-A-04 ( . � 3 383.794'(R&C) 7. 6- yW N /i. f a —MATCH LINE A-A N00'29'28.0"W (R) U N00'29'06.1"W (C) (SEE THIS SHEET) a 1681.448'(R&C) •0 SPECIFIC PURPOSE SURVEY LEGEND: C CENTERLINE :E, CB CHORD BEARING FOOT FLORIDA DEPARTMENT OF TRANSPORTATION END FOUND a LB LICENSED BUSINESS ° O NOCR MIAMI-DADE COUNTY RECORDS o NAVD NORTH AMERICAN VERTICAL DATUM O. NO2'35'35.0"E (R) ORB OFFICIAL RECORDS BOOK o P NO2'35'S6.9°E(C) P6. PAGE BOOK 2588.365'(8&C) Poe POINT OF BEONNING S s POC POINT OF COMMENCING A' R/W RIGHT-OF-WAY p II SO FT SQUARE FEET $ o SSLL SOVEREIGNTY SUBMERGED LAND LEASE s P.O.C. CONCRETE MONUMENT 87-87-A-05 (R) RECORDED o S.S.L.L. AREA -- FND. 1' CM W/BRASS (C) CALCULATED PROPOSED PILE g (O.R.B. 26619, DISK STAMPED "H-020-1971" PORTION OF RESTAURANT LYING ▪ PG. 3725, D.C.R.) SEAWARD OF THE EROSION CONTROL LINE S 7 J Calvin,Giordano S Assoaates,Inc. NEWPORT FISHING PIER I CT� .�i i N. T. S. II Ti -4239 7pE%CFPTIONAL SOLUTIONS ` A F S INM Net NM,SuII Ka ion WlM/e.1ME333316 CITY OF SUNNY ISLES BEACH - ° now:951.971]111 F. 95i.971.160i 0wD coo nE MIAMI-DADE COUNTY, FLORIDA 09-2 1-11 see left 10 a Ce.LII mate of AuthormotIon 6791 j Attachment A Page 13 of 33 Pages SSLL No. 130174356 x'. ce 4x W U ( , m m 2 a g^ g i ^.- (01. 30 8 133HS 33S u ry r w$ a 00.00+014 •NIS I i _' V" <0 3N11 H01VV �b3 g i - a ^ 8 N¢ — -- — —�—�--a g a m t Z - p I 8 b'<3 W� � O o II i< 0�ko bi 0_z I J Q m ,. c ��d ua 1 W 0 E a o 3•�.Cf,YON 3NIl 'LLNOJ ry SL!kj •�L.B.d) °' 0 NOLLJl1NlSNp� �►'1SVOJ ' g v >. g xQ ° j C~ $ a Q CC �� W W O w ei la� rr - — m Z b //^^ m in 111 A ;p.NI-Z2. 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Z9 b2a. m Q 0 _ K aN W 7- m�WZW m Z +•k• H i o . 2 g 1! ! 4 tin -i 1 § g .,,...,.. _ Z. 5 _ l� N \ 1 a go @Q� [BIIJA■�${y)bniep ��eQj gEf t �. Pag i N ifhli liii111111 Pei jJj z n :Rs s ••s?299/seg4OSaia� d o —.__8---- 1---_.1—J— — _..� _�� (OL 30 L 133HS 33S) m E 00'00+0174 :VIS 3NI1 HOlVVI 5 Attachment A Page 15 of 33 Pages SSLL No. 130174356 11OZ •ZL Jagoloo suoltdu sad Io6a1 PPV :NOISIA32.1 21 2? 01 ° ., ill' R „FW (JPs) .0058 a N S° --lH (3) 3-6Y,tf.ZOS .( ) 3Lt,ZfZOS 1 j - _—. m 2 � v N gl I._ ” g n .03 1 InaDQ u 2 ivy / in ■ m I N tl . O :"PCC CC ^ vv_ W O 'ace -- - ,rrg _ . .0625. ti-`_8 .gig zZ ±.o oo_ tin a•H„ zz ZZ S < } C..)c--) 7 ■ c W 0 Z M ��0 amp _ z _J}D� _ E- A CO J C - m a b � (n '�p7 LL Zo 0 cc ,_ z'V W D =W < a 0 °a o V Wo s LL 1 i z >-M 8 Ll $ 1–Q I a a z a - U� • N s S W W s m t^2 }d V7s j Z - , W - 0 Li" - �� °� ;, 0 0 b t3 e+ N r u : .+-i. o K r E 2 ,� r k e $o ° pp u g Na m ^o as i a z 5 b m N 1+ ' s 0 a 3! 411 §qt kg bb $z 7t CC ati bbbp p • 6 nn — s (01 JO 8 133HS 33S) x {` + r 00•gL-ftl :V1S 3NI1 HOlVW t ��,� 0 a` d Attachment A Page 16 of 33 Pages SSLL No. 130174356 O I silo O O II f I I a s 1 Jifo . . i A it J �ti®�_I,3 1 0 (I) 1 1 ._ N a dd I ∎ /'1< g qq N R t w r V hi m 8 a ..tit f i, 9 = Q W Wa 1 '' U0 ;; r m F5 M w :l 3i W IL N u) - it $ ,r, 5 g 0 m t - - ss — I- > LL I 5 3z:' H e N ' ; CO 0 a = • . = Z Zo .:..,.5 CC •i. 4• 6 I I._ L(,) x = 't,y�. � Y � 'W a b i o to Q Li C - 4I A c o0 m •b r,;- f, ' Z �2 U b Q S (/L� fie 0 ;J'I' '{-� ! CC i, I° 1--.1g— ii7 :L:< .r r e o Wn it INF - - . aa E , 2N•- ,..... 0 ., a.g , 11 15■111 11_ I, , isdp..... .., o i 1 a I 4 a 0 o ii i 4 }{ ��yy I 1 : .. iUI c s 1° • 1 ji. i >H V i6- bb n c _ < c L .0 t b66-11i151`- _ _ q t o 1F • , 4YlOa 96 n'nS � 8 "�� ° a o ' z z 1 I m A° v g ..7, ;6e--) 0 Attachment A Page 17 of 33 Pages SSLL No. 130174356 OD Nr Record and return to: •111111I111111111111111111111111111111 11111111 Berman Bennett Voge)&PAWN,PA CFN 2004-R0380208 100 S.E.2pd Street,Suite 2900 OR Bk 22317 Pss 2874 - 2889; (16vss) Miami,FL 33131 RECORDED 05/19/2004 16120:08 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY: FLORIDA This imminent prepared by: StanIcy B.Price,Seq. Bilcin Sumberg Bat=Price&Axelrod LLP 200 South Biscayne Boulevard,Suite 2500 Miami,PL 33131 When recorded,rata to: Jorge Van City of&may Izie Beach • 17070 Collins Avmme,Suite 250 Sunny Talcs Beach,Florida 33160 (Space Above For Recorder's Use Only) DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS WHEREAS,FIVE SEAS INVESTORS,INC.,("Owner"or"Grantor")is the owner of . the following described real property(the"property"),lying,being and situated in Sunny Isles Beach,Miami-Dade County,Florida,and legally described as: • I ' SEE COMPOSITE EXHIBIT"A" (consisting of a legal description and a sketch)and located at 16699 Collins Avenue,Sunny Isles Beach,Florida. In accordance with Conditions EI(1)(e) and (g) of Resolution No. 02-Z-66 (the "Resolution")adopted by the CITY OF SONNY ISLES BEACH(the"City"or"Grantee"),on February 5,2002,the Owner,its successors and assigns,freely;voluntarily and without duress, makes the following Declaration of Restrictions and Grant of Easements ('Declaration") obverting and ruining with the.Property and grants the following easement as described below: 1. Valet Parking. Owner shall provide 24-hour valet perking for guests of the Property. This provision shall be inapplicable to service or delivery vehicles,or emergency and utility vehicles. 2. $rant of Easement. Owner does hereby grant and convey to the City the following non-exclusive easements(collectively,the"Easements"): (I)a beach access easement, exactly as shown on Composite Exhibit"B",consisting of a legal description and a sketch(the "Beach Access Basement");(ii)a ten-foot(10')landscaping atreetacape easement as per the City Streetscape Master Plan along the westerly 10'of the Property adjacent to Collins Avenue(the "Landscape Basement")which shall enable the implementation of the City Streetacape Master Plan; and(iii) an Oceanfront Park Easement as exactly shown on Composite Exhibit"C", V326511672315 657903 v 19 3/13/04 334 PM • • • Book22317/Page2874 Page 1 of 16 Attachment B Page 18 of 33 Pages SSLL No. 130 Declaration of Restrictions and Grant of Easements Page 2 • consisting of a legal description'and sketches(the"Oceanfront Park Basement"), all of which shall be fully accessible to the public and clearly designated by means of signage approved in writing by the City Manager or its designee,as amenities open to all members of the public. In addition Owner does hereby grant and convey to the City vehicular ingress and egress for fire, police,health,sanitation and other public service personnel and vehicles employed and utilized by the City over the driveways and pathways as they may exist from time to time on the Property. 3. Landscaping on the Easement. Prior to the issuance of the Certificate of Occupancy,Owner-shall plant landscaping on the Jardarape Easement as required pursuant to the City's Streetscape Master Plan or as otherwise approved by the City. 4. Design, Construction and Maintenance of Easement_and Improvements. Owner and its successors and assigns or any condominium association managing the common areas of the Property,shall have the exclusive right to design,build,furnish and maintain any and all improvements(including but not limited to landscaping,irrigation and lighting)located within the Basements. The design of the improvements and of any and all materials to be used for any and all improvements within the Easements shall be presented to the City for its approval prior to construction of such improvement,which approval shall not be unreasonably withheld or delayed. The Landscape Easement shall comply with the City Streetacape Muter Plan as approved by the City Zoning and Code Administrator. Prior to the issuance of the Certificate of Occupancy,Owner shall plant landscaping on the Landscape Easement as required pursuant to " the City's Streetacape Master Plan or as otherwise approved by the City. Owner shall at all times maintain the Basements in good condition and in a safe,clean and reasonably attractive manner .. to a standard reasonably acceptable to the City Manager. After any landscape or other installation within the Easements or any subsequent repairs and/or maintenance thereof;the Owns shall restore the surface of the Easements,as applicable, as near to their original conditions as may be possible,in the reasonable discretion of the City Manager,all within a reasonable time after the installation,repair,anchor or maintenance of such activity described above. In the event that the Owner this to restore or commence restoration and diligently pursue same,after receipt of thirty(30)days'written notice from City to Owner of such failure,then the City may restore the Easement(a)to its (their) required condition(the "City's Right to Restore")and thereafter the Owner shall reimburse City for the reasonable costs of such restoration within thirty (30) days following receipt by the Owner of a reasonably documented invoice(the"Invoice")for same.In the event reimbursement is not received by the• City within the required time,City may then place a lien against the Property for the cost as documented in the invoice. Grantor agrees that the City's lien shall be on a parity with special assessment liens and superior to all other liens excepting those of taxing authorities. 5. Parking Spaces. As part of development of the Property,Owner shall provide,in addition to the 29 existing spaces located in the adjacent property known as Pier Park(formerly known as Gilbert Samson Park)as described on Exhibit"D", an additional 29 spaces in the 173265U 67231#657903•ti 511344 3?A PM • Book22317/Page2875 Page 2 of 16 Attachment B Page 19 of 33 Pages SSLL No. 130174356 • • • Declaration of Restrictions . and Grant of Basements Page 3 pang garage proposed to be developed on the Property,said parking spaces to be available to the general public at the same price charged by the City at Pier Park. 6. E#eetive Data This Declaration shall not become effective until the City issues a final certificate of use and occupancy for the development approved tinder City of Sunny Isles Beach Resolution 02-Z-66 as modified by any subsequent substantial compliance approval,or as such other plans are approved at public hearing consistent with this Declaration. 7. Reservation. Grantor hereby reserves all rights of ownership in and to the Basements which are not inconsistent with this Declaration,including,without limitation:(a)the right to grant further non-exclusive easements on,over,under and/or across the Basements(i.e., utility and/or access easements);(b)the right to use the Basements for all uses not interfering or inconsistent with the uses permitted herein,inobuding,but not limited to:vehicular access and ingress and egress to,over,and from the Basements and the Property;service access to,over and • from the Basements and the Property;installation,maintenance and use of utility facilities and access therefore and maintenance thereof;the right to conduct any activity upon the Easements which promotes the security of the Basements or the Property or any persons or property located thereon as long as public access to the beach through the Basements is continuously maintained and the right to construct and maintain any signs within the Easements as may be permitted by applicable law;and(c)the exclusive right to design,build,furnish and maintain,except for the City's Right to Restore,any and all improvements(including,but not limited to,landscaping and lighting)located within the Basements,provided,however,that prior to its exercise of those rights set forth in(a),(b)or(c)of this paragraph(5),Grantor shall obtain the approval of the City Manager,who shall determine,in its sole opinion,whether the proposed grant,use,or other activity is inconsistent with the grant of easements set forth herein and in the Resolution. S. Indemnification. For separate consideration,the receipt and sufficiency of which is hereby acknowledged,Owner,and its successors and assigns hereby agree to indemnify and save the City harmless from any and all claims,liability,losses and causes of action which may arise as a result of this Declaration of Restrictions and Grant of Basements,unless such claim, liability,loss or cause of action is the result of the City's negligence. 9. City Inspection. As further part of this Declaration,it is hereby understood and agreed that any official inspector of the City of Sunny Isles Building and Zoning Department,or its agents duly authorized,may have the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and zoning regulations and the conditions herein agreed to are being complied with. 10. Insurance Owner,.including its successor and assigns,shall maintain,during the term of this Declaration,the insurance specified below.A Certificate of Insurance shall be filed with the City of Sunny Isles Beach's City Manager prior to the commencement of this Declaration.No modification,change or cancellation of insurance shall be made without thirty (30)days'written advance notice to the City Manager,with'a copy to the City Attorney. 7320.1674\#637903 v 17 5/1304374?Id • Book22317/Page2876 Page 3 of 16 Attachment B Page 20 of 33 Pages SSLL No. 130174356 • Declaration of Restrictions and Grant of Basements Page 4 Public Liability insurance on a comprehensive basis in an amount not less than One Million Dollars combined single limit and an aggregate of not less than Three Million Dollars for bodily injury and property damage.The policy shall list the City as an additional insured.The policy shall include Products Liability coverage if and when applicable. No modification, change, or cancellation of insurance shall be made without thirty(30) days written advance notice to the City Manager with a copy to the City Attorney. The Public Liability Insurance coverage shall include those classifications as listed in Standard Liability Insurance Manna's, which are applicable to the operations of Owner,its successor and assigns in the performance of • this Declaration.All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida.Such companies shall have a general policy holders'rating of"A"or better and a financial rating of not less than"Class V" as reported by Beat's Key Rating Guide,published by A.M.Best Company,latest edition.This insurance shall be in effect as long as the easement exists.Failure to continue to provide the insurance coverage shall constitute a violation of the Declaration. Compliance with the foregoing requirements shall not relieve Owner,its successors or assigns of its liability and obligations under this section or any other portion of this Declaration. The City reserves the right to reasonably amend the insurance requirements by the issuance of a notice in writing to Owner,its successors or assigns. 11. Covenant RunnIne with the Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall be recorded in the public records of Miami-Dade County,Florida and shall remain in full force and effect and be binding upon the Owner, and its heirs, successors and assigns (including, without limitation. any ensuing condominium association or operator of the Property)until such time as the same is modified or released. These restrictions,during their lifetime,shall be for the benefit of,and limitation upon, all present and future owners of the Property. However,nothing contained in this Declaration shall create a public dedication of all or any portion of the Property. 12. Term. This Declaration is to run with the land and shall bo binding on all parties and all persona claiming under it fora period of thirty(30)years from the date this Declaration is recorded,after which time it shall be extended automatically for successive periods of tear(10) years each,unless an ivatrument signed by a majority of the,then,owners of the Property has been recorded agreeing to change the Declaration in whole, or in part, provided that the Declaration has first been modified or released by the City. 13. Modification,Amendment,Release. The Basements granted in this Declaration shall be perpetual in duration,and shall not be changed,altered or amended except by instrument in writing executed by the Owner or a majority of the then owners and the City or their respective successors and assigns, provided that the same is also approved by the City Commission after public hearing. Any ensuing operator or condominium association with valid \73265067231 Y 657903 v 17 5/13/09 3:19 PM Book22317/Page2877 Page 4 of 16 Attachment B Page 21 of 33 Pages SSLL No. 130174356 • • Declaration of Restrictions and Grant of Easements Page 5 authority to act on behalf of the majority of the owners of the Property may execute the amending instrument upon submission of proof of authority to act on behalf of a majority of the owners. Should this Declaration be so modified,amended or released,the City Manager or such authorized designee shall forthwith execute a written instrument effectuating and acknowledging such modification,amendment or release. 14. Enforcement, Enforcement shall be by action against any parties or person violating,or attempting to violate,any covenants. The prevailing party in any action or suit, pertaining to or arising out of this Declaration,shall be entitled to recover,in addition to costs and disburaeanents allowed by law,such sum as the Court may adjudge to be reasonable for the services of his attorney at trial and appellate levels. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. 15. Authorization for Department of Building and Zoning to Withhold)'ernrits and Inspections. In the event of failure to comply with the teams of this Declaration,in addition to any other remedies available,the City is hereby authorized to withhold any further permits, • and refuse to make any inspections or grant any approvals,until such time as the failure to comply is cared • 16. Conflict. In the event of a conflict between provisions of the Resolution and the Declaration,the terms of the Resolution shall control. 17. Election of Remedies. All rights,remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights,remedies or privileges. • 18. Severabillty. Invalidation of any one of these covenants,by judgment or Court, or law,in no way shall affect any of the other provisions,which shall remain in Rill force and effect • 19. Recording, This Declaration shall be recorded in the public records of Miami- Dade County,Florida at the cost of the Owner. • V326SU67731/657203 v 17 3/131e4 324 PM Book22317/Page2878 Page 5 of 16 Attachment B Page 22 of 33 Pages SSLL No. 130174356 SIB • • Declaration of Restrictions 'and Grant of Easements Page 6 Signed,witnessed,executed and acknowledged this /3 day of mar 2004. WITNESSES: FIVE SEAS INVESTORS,INC., •Z/ p C S a Florida c. ...ration nt t Name:0/1/E/I/{ NCi/lSE By: //i. Print Name: • LF g•.f ' � � t-. e W r Title 0/-ert&P.A.`7o Print Name:{4-o w,1-,tb T 6J A>-r [CORPORATE SEAL] STATE OF FLORIDA ) Sanvard )ss. COUNTY OF•t-BADE ) The foregoing..,ins t was ac owledged before me this /,3 day of 771a/ 2004,by n•aer7 �"(,G4'A {, as �e_rofent- , of FIVE SEAS INVESTORS, INC., a Florida corporation on behalf of the corporation. Ile is personally known to me or has produced a driver's license as identification. [SEAL] ../9: et1-4.,7.1. •'' , 91+�tAJ.RAMSEV Print Name: SffE/C� J. �iQfJrJ 6� ' MY CC,1tS510N/00123664 1; El0'IPE9 25.2aas My Commission Expires: 7/7/2 o oL it.. `4:a�.'�' eoa.anrorerrru�.uorwr. Notary Public,State of Florida at Large \73265116723\A 657903 v 17 5/13/04 3:03 PM Book22317/Page2879 Page 6 of 16 Attachment B Page 23 of 33 Pages SSLL No.130174356 SIR Declaration of Restrictions and Grant of Basements Pagel MORTGAGE JOINDER The undersigned joins in and consents to the foregoing Declaration of Restrictions and Grant of Easements as the owner and holder of that certain Mortgage in favor of Chrysler Capital Realty Inc., dated December 29, 1987 and recorded.December 31, I987 in Official Records Book 13525,page 4630 in the amount of$25,000,000.00,which was assigned to International Nursing Centers,Inc.,by Assignment recorded December 28, 1998 in Official Records Book 18408, page 2758, and that certain Collateral Assignment of Leases and Rents recorded December 31, 1987 in Official Records Book 13525,page 4669,as modified by Modification recorded April 8,1992 in Official Records Book 15465,page 430;recorded August 5, 1994 in Official Records Book 16467,page 170 and recorded March 5, 1998 in Official Records Book 1803,page 3163. • IN WITNESS WHEREOF, the undersigned has executed this Joinder this /3 day of `7/itay ,2004. INTERNATTd NURSING M:•OK:A. , •a Florida , j s. , By: // • Print Name: � �- r ry (`" Title: o 1-e.r( STATE OF FLORIDA ) tgrou/ara/ )se. COUNTY OF It1TADE ) • T)g f golng t was ac owledged before me this /3 day of Play 2004,by • • /Coitetm.a. /4 as firts,a/e t./ , of INTERNATIONAL NURSING CENTERS,INC.,a Florida corporation,on behalf of the corporation. He is personally known to me or has produced a driver's license as identification. [SEAL] ./x�l b.L�i..� 9 % r - �,:`'': '+ —. J.NAMBEY I Printed Name: S/7`6.'7///1- J /etPhS6, 4r" �r a eo lessee My Commission Expires: 7/2 N/d 25,axe 17326516723\#657903 v)7 543/04 334 PM • Book22317/Page2880 Page 7 of 16 Attachment B Page 24 of 33 Pages SSLL No. 130174356 Declaration of Restrictions and Grant of Basements Page 8. COMPOSITE EXHIBIT"A'' • LEGAL DESC RIP'I'ION OF LA PERLA PARCEL A portion of Section 14,Township 52 South,Range 42 East,Miami-Dade County, Florida,being more particularly described as follows: Commence at the intersection of Collins Avenue(State Road A-1-A)and Sunny Ides Ocean Beach Boulevard;thence N 87°18'19"B along the centerline of said Sunny Isles Ocean Beach Boulevard for 50.66 feet thence N 06°32'18"B for 67.89 feet to the point of curvature of a circular carve to the left,having for its elements a radius of 4083.34 feet and a central angle of 01°30'01",said point being the Point of Beginning of a parcel of land hereinafter described,said point also being on the Easterly right of way line of said Collins Avenue,thence Northerly along the arc of said curve and along said Easterly right of way for an are distance of 106.92 feet to a• point on the arc of said curve,having a radial bearing of S 84°57'41"B from the center;thence N 86°49'18"B for a distance of 342.34 feet to a.point;thence N 83°00'33"B for a distance of 84,00 feet to a point on the&osion Control Line shown in Plat Book 134,Page 47 of the Public Records of Miami-Dade County,Florida;thence S 07°02'44"W(S 07°10'35"W,Plat Book 134, Page 47)along said Erosion Control Line for a distance of 146.05 feet to a point on said Northerly right of way line of Sunny Isles Ocean Beach Boulevard(76'right of way);thence S 87°18'19"W along the Northerly right of way line of aforementioned Sunny Isles Ocean Beach Boulevard for a distance of 392.48 feet to a point of curvature of a circular curve to the right, having for its elements a radius of 25.00 feet and a central angle 99°14'01",thence Westerly and Northerly along the arc of said curve for an arc distance of 43.30 feet to the Point of Beginning. Said lands lying and being in the City of Sunny Isles Beach,Miami-Dade County, Florida 113265116723\#657903 v 17 5113.04 374 PM • • Book22317/Page2881 Page 8 of 16 Attachment B Page 25 of 33 Pages SSLL No. 130174356 Page 9 r r OP illn WI II r r . > 1 1 i i . I I a` t I ill ,'1 . : 4!hili9iiik4* r tit it : x a; ,iii 13 get i ; i rt i"rdr tItff li IIgI. tIIIII itI�I: f! II; i 24111 I . s 8 • t t g �ti i� [i 3 II , i if i f�: L f i R 0:14„,iffigo 4 :t, y i r t TI t # 1 ti SFr ft rI_; i i 1 #fi �1 i;tiihti. l i I z I �r t-i t. ;u� ; 1 f 14f irk •, T a 1 ; i Ii r a a P� Ili i a I ;1;14Fis it, }�r[ 1 l II r r� r 3r till I a ' i a r I lL tpi m =t4 gip, • �T MTV' r �. gym,!I y 1' I i rn e ti !I ttifinfi pi i r i i 111111r* F41 1 I 1 1 ' I It 1 i 17 t t. T i � iTl� Ei .1. .Tit, 0 �, itio 1 •t —.T.. @ ..... Iii,i4ely 1 0 ,„----iirlimitzs • i irL 11 I' hil 1 1 1 ALTNAC8MA LAND TTTIE SURVEY .? t.zw,8zues n+c :»• --�J�y sr�a•rrr.a r.�.ru'�',1p u rE•umro0rglr•nwctusr AVBItF �......rr •rw m,sw•ra.wa�ro•aream�. r�� L00rit _ ... .—. ._ _ _ Book22317/Page2882 Page 9 of 16 Attachment B Page 26 of 33 Pages SSLL No. 130174356 SI LEGAL DESCRIPTION-BEACH ACCESS EASEMENT: A portion of Section 14, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Commence of the intersection of Collins Avenue (State Road A-1-A) and Sunny Isles Ocean Beach Boulevard (State Rood No. 826): thence N8T18'I9"E along the centerline of said Sunny Isles Ocean Beach Boulevard for 50.85 feet; thence N06'32'18"E for 38.50 feet to a paint on the Westerly extension of the Northerly right-of-way line of said Sunny Isles Ocean Beach Boulevard; thence N8718,19"E along said Westerly extension and the Northerly right-of-way line of said Sunny Isles Ocean Beech Boulevard for 349.69 feet to the Point of Beginning of the hereinafter described Easement B; thence continue N87-18.19"E along sold Northerly right-of-way line for 10.26 feet; thence deporting sold right-of-way line N01'42'52"E for 42.91 feet; thence N8T18"19"E f or 66.19 feet to a point on the Erosion Control line shown in Plot Book 134 at Page 47 of the public Record, of Miami-Dade County, Florida; thence NOT02'44"Ealong said Erosion Control Line far 10.15 feet; thence S87'18'19"W for 77.17 feet; thence S01158'13'W for 52.86 feet to the Point of Beginning. The above described perimetrical boundary at elevation 18.00 feet and below relative to the National Geodetic Vertical Datum of 1929. CONTAINING: 1,196 sq. ft. 0.027 ocres SURVEYOR'S NOTES: - This site lies in Section 14, Township 52 South, Range 42 East, City of Sunny Isles Beach, Miami-Dade County, Florida. - Bearings hereon ore referred to on assumed value of NBT18'19"E for the centerline of Sunny Isles Ocean Beach Boulevard. - Lands shown hereon were not abstracted for easements and/or rights-of-way of records. - This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. - Dimensions shown hereon are based on Fortin. Leavy. Skiles, sketch #20020-060-1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" wos mode under my responsible charge on May 7, 2004 and meets the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61017-6, Florida Administrative Code, pursuant to Section 472.027. Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Ucensed Surveyor and Mapper" FORTIN,LEAVY,SKILES,INC.,LB3653 By: ------ ---- -- Daniel C. Fortin, For The Firm Surveyor and Moppet, LS2853 LA , �t State of Florida. LA PERLA BEACH ACCESS EASEMENT 'D`e'al BY RJM "' I DESCRIPTION,NOTES AND CERTIFICATION 1 Date 5/7/04 Ref. D,. 022047 FORTIN, LEAVY, S KILES, INC. Scale NOT TO SCALE 820020-060-1 CONSULTING ENGINEERS,SURVEYORS&MAPPERS Job. No. 022047 4/7/04 FLORIDA ST ATE ow AUTHORIZATION NUMBER:00003653 Dwg. No.1003A-021-E 180 Northeast 168ds.Street/North Miami Beach,Florida.33162 lotted; 1/23/04 3:01p y Phone:303-633-4493/Au 305-631-7152/Email fls®flareevry.aom L eat 1 of .3 / Book22317/Page2883 Page 10 of 16 Attachment B Page 27 of 33 Pages SSLL No. 130174356 Ill 1 i J1 O s8719•19'w 77.1r , . SC,-- xe��d� as rs > , I I'+ 1 � 3 �jw' 1 z§" PI NF a I \ '' f h g J J �1 349.!9 ®6T le'Ip'E .� m 1 bl POINT OF NOR1 .033117 a wn7 LNE J -. gro BEGINNING SUNNY isLES BEACH BouLEVAw U �J BUNNY 16LF9 BEACH HOUIEVAAD -N8T1819'E i/ _ (STATE ROAD N0,826) SO.eS• r./ Ile RD 5Tf1Et� 'lllllp••/,11j11 _ POINT OF CENTERLINE OF SUNNY ISLES 'q(I Ifll' COMMENCEMENT OCEAN BEACH BOULEVARD INTERSECTION OF COLUNS ... AVENUE AND SUNNY ISLES BEACH BOULEVARD •GRAPHIC SCALE m L4 PERL4 ( P T BEACH ACCESS EASEMENT 1 DI h )(1. Drawn By R'"' S ETCH OF DE RIPTI•/1j Date Cad. No. 022047 5/7/04 e. FOR I , LEAVY, S n-WES, INC. cale I"-30• 20.20-060-1 CONSULTING ENGINEERS,SURVEYORS&MAPPERS Job. No. 022047 4/7/04 leo Northeast �g AUTHORIZATION � 8 No.1 003A-021-E Phomee 305-653-4493/Por 305-651_7152/Baud!n c. .. moat Sheet 2 of ,j Book22317/Page2884 Page 11 of 16 Attachment B Page 28 of 33 Pages SSLL No. 130174356 0 • VISTAVIEW SECTION ONE LOT 1 TATUM'S OCEAN PARK (P.8.98 PG.68) (P.B.10 PG.643 Q�� Z ¢ CENTo . u COMMERCIAL fi W 47- U 7' TRACT-A• NOT O A SEPLAOZTIAON OkE(P AMERICAS G 88) 6{* �P ,`p`, Z 4 d ti LA PERLA JX NOT IT S1TS SUBDIVIDED STATE ROAD 826 WESTBOUND LL STATE ROAD 828 EASTBOUND c Z o 8`: 1 ry yQ P or- Zl I'll I-mn A LOCATION SKETCH NOT TO SCALE H Itj°' np' LA PERLA '�0 jj!►' Dr/urn REACH ACCESS EASEMENT Cad. x RJM Rrl. De. 022047 ']''�� 200 0-060-1 ��R'a+`i y•� Detr 4/7/04 COIVSUL77NC# �� S+-u-E's A C«f7a9,$ a �C °OIe NOT 1+eo.�] t2 seat� Oritz zzo,a MAPPERS lob. N ALE •63]4493/P.�] 6.1 M�nal ��' 7a5] W.aJt. 3]/ H"t At4w._33162 • HO.10050;0;42 -'_-� .....u,AI°°+ 8hret 3 o� 1-E Book22317/Page2885 Page 12 of 16 Attachment B Page 29 of 33 Pages SSLL No. 130174356 1 Page 12 • — • 473 1C IT "C^ LEGAL DESCRIPTION-OCEAN FRONT PARK EASEMENT: A portion of Section 14, Township 52 South, Range 42 East, Miami—Dade County, Florida, Ming more particularly described as follows: Commence at the intersection of Collins Avenue (State Road A-1—A) and Sunny Isles 00010r .1 Boulevard (State Rood No. 825); thence N871B'19"E along the centerline of said Sunny isles Ocean Beach Boulevard for 50.55 Test, thence N0tT32:18'E for 38.50 feet to a point on the Westerly extension of the Northerly right—of—way She of said Sunny Islas Ocean Beach Boulevard;thence 1187'18'19"E along said Wsatarly extension and the Northerly right—of—way One of sold Sunny Isles Ocean Beach Boulevard for 351.95 feet to the Point of Beginning of the hereinafter dafribed OCEAN FROhtr PARK.EASEMENT; thence continue N5715'191 Wong said Norther& right—al—way line for 69.92 feet to a point on the Erosion Control Una shown In Plot Book 134 at Pogo 47 of the public Records of Miami—Dads County, Florida; thence N0702'44"E along sold Erosion Control Line for 148.05 feet; thence 58500'33'W for 84.00 feet;thence SB549'18'W for 0.46 feet; thence SO1•37'44'W for 138.04 feet to the Point of Beginning. The above described perimetrical boundary at elevation 18.00 feet and below relative to the National Geodetic Vertical Datum of 1929. CONTAINING: 10,795 eq. ft. 0.248 acres • SURVEYOR'S NOTES: — This site Iles In Section 14,Townehlp 52 South, Range 42 East, City of Sunny Isles Beach, Miami—Dade County, Florida — Bearings hereon ore referred to an assumed value of N87'16'19"E for the centerline of ' Sunny Wee Ocean Beach Boulevard. — Londe shown hereon were not abstracted for easements and/or tights—of—way of records. —This Is not a "Boundary Survey' but only a graphic depiction of the description shown hereon. — Dimensions shown hereon are booed on Fortin, Leavy, Sidles. sketch 120020-060-1. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Deeerlptlon' was mode under my responsible charge on May 12, 2004 and meets the Minimum Technical Standards os set forth by the Florida Board of Profession.. Surveyors and Mappers in Chapter 61017-6, Florida Administrative Code, pursuant to Section 472.027,Florida Statute,. t• "Not valid without the signature and the original raised • .•'S: seal of a Florid• •erred Surveyor and Mapper" '+:`tiS' ,` • FORT , -•VY,-K1LESr INC.,LE9853. : ' c . • •l // I • k°,ti r Daniel C• Fortin. For The Firm • 'r: Surveyor and Mapper, LS2853 • '' AA ' A State of Florida. LA PERLA • OCEAN FRONT PARK EASEMENT ■ Drawn By ACS " 1 DESCRIP7`7ONiNOTESAND.CERT1F1CATIONi Date 5/12/04 Cad. No. 022047 FORTIN, LEAVY, S KILES, INC. $a°i'NOT TO SCALE Ref ��2002Q-080-1 CONS[)LT.S2•TO bob.No. 040898 SNt ti8,SURVEYORS do MAPPERS FLORIDA cmpatcrtmiaN 08 AT riornm,I1ONNUre81 4 ocoosis 3 Dom. No.1003A-021-F , IVOxumee et26wa, Shoot/xmthMraaafHeso h,Plodmr33162 `Potted: 5/12/04 Phony.303.63!-44es/Fat 30a-6s1 7u /ouu e, nsa aysy.00m set 1 of 3 Book22317/Page2886 Page 13 of 16 Attachment B Page 30 of 33 Pages SSLL No. 130174356 .. Page 13 . • • , • _ . • .1-'•u is:•'..'7.0.,:zt 1...•V-Vk '•'• ..'4:f r ill ?! I . ...!..:.,:...:: ,:-:,..-..11:4.,411,....t.:,...... ....,... . > . ( ....:... .. ....11:::.::•:.:„.._.... . 2 E 1 1 '~~'e f:..:.. t-- -.o� -1 < ti_ POINT OF HUDH RANI of WAY LI E „� PI BEGINNING snw,• eua+BOULEVARD IJIIIIVr "4441, • U BUNNY s MAC"°MI-s/AR° _ '1111' ■ 'ill' woia,,el (STATE ROAD N4•826) _ ' '60.06 ... (1bflW�F» • POINT OF GRAP11C1.SCALE . CENTERLINE OF SUNNY ALES P _ S'•'.'wl" '...0 • COMMENCEMENT OCEAN BEACH 5OULEYARU •—�—r oNTERSEcnoN OF cc.UNS 1 ••(4110i+c")-••• AVENUE AND SLRiNY ISLES LA PERLA ]loaf..••m a. � BEACH BOULEVARD OCEAN FRONT PARK EASEMENT '�By Acs ' 1 SKETCH OF DESCRIPTION 1 Date 5/12/04 Rat.No. 022047 FoRTnv, LEAvx, S KILES, INC. '` 1.-30. 2002D–QED-1 CONSULTINUBNC3�9.SURVEYOR$&MAPPERS • lob. No.• 040898 _ 71,06m,A r7I1+nn.TB OA Aximo fl:ATid'NNCA835R 0000l6SP DWL No.1003A-021—f 2SONo tbo..tinteretyma/Noth 41a otamokPladtb.3262 ! �Mok.a: 5/12/04 5:64p, Thom 305-653.4495/P 30S.•651-•132/Masa n. ..y.oma 4Th oat 2 of, .3 r 4 Book22317/Page2887 Page 14 of 16 Attachment B Page 31 of 33 Pages SSLL No. 130174356 P I9 • • VISTAVIEW SECTION ONE LOT IN PARK TATUM'B OCEA fa (P,B.90 P0.66) 0,3,to PO.84y O RKL1C �� tr Ili centR a U • a m pt.A7.A OFT{.A. f 1 N 2 0 BECTON ONE(P.B.tOB PEI. 4 )PA a Z 76S LA PERLA off ° S(TE SUBDIVIDED EASEMENT STATE ROAD 528 WESTBOUND U • STATE ROAD 82.6 EASTBOUNb t 4 Il it � LOCATION SKETCH ,I.Ir ="�V NOT TO SCALE T�'.. b, ; ' L4 PERLA �'' pr.`. =A:- EANFRONT PARK EASEM . :, Cad A6 /Ol !+ 022047 r ,; �A '2..,D_=.._ RAT, F TlNO��3IIII��gR�Ya�1, S Date 5 12/04 tizzamump xb:1Z. .x� "-,..........S '°°2°NC)T To SL;AIF Aoea _4a�gae.a�N,,,y lob.J11 040898 ��Q�Plmey rixaz • Hat00,,A{_021_F Book22317/Page2888 Page 15 of 16 Attachment B Page 32 of 33 Pages SSLL No. 130174356 d OR BK. 28228 PG 1 899 • PAGE OR BK 22317 PG 2889, LAST PAGE Declaration of Restrictions and Grant ofBasenients Page 15 EXHIBIT"D • • LEGAL DESCRIPTION OF PARS • • • The Easterly extension of Su>my Isles Ocean Beach Boulevard(N.E.167 Street)as delineated upon that certain plat recorded in Plat Book 50,at Page 76 of the Public Records of Miami-Dade County,Florida,eastward of the pavement of State Road A-IA to the mean high water line of the Atlantic Ocean; • • • • • \7326516127111 657903 r 17 5113104 3o4 PM • Book22317/Page2889 Page 16 of 16 • Attachment B Page 33 of 33 Pages SSLL No. 130174356 SOT This docucr444.iN88 PaCeiVed �1 poor eerie?.�� S (i<r) ls4F Cit of Sunn Isles Beach City Commission F s y y Norman S.Edelcup,Mayor SNY mo, 18070 Collins Avenue, Suite 250 y Lewis Thaler,Vice Ma or - n Isaac Aelion, Commissioner Sunny Isles Beach, Florida 33160 6 -. I Jeanette Gatto,Commissioner (305)947-0606 City Hall George"Bud"Scholl,Commissioner * (305)949-3113 Fax A �9 P r Fred Maas,Acting City Manager y�� CLNa 4 (305)947-2150 Building Department hr F o a0 (305)947-5107 Fax Hans Ottinot,City Attorney Y OF SOS r Jane A.Hines,CMC,City Clerk MEMORANDUM TO: The Honorable City Commissi• • FROM: Hans Ottinot, City Attorne Alit 1 DATE: July 19, 2012 RE: Approving the Renewal of the Agreement between the State of Florida and the City regarding the submerged Lands Lease for the Pier RECOMMENDATION: It is recommended that the City commission approve the attached Resolution approving a submerged land lease in substantially the same form with the State of Florida. REASONS: When the City took over the operation of the Newport Fishing Pier located at 16701 Collins Avenue, the City was required to enter into a submerged land lease with the State of Florida to operate the Pier. The prior lease with the State was for five (5) years and is up for renewal. Please note that the City has also asked the State to waive the fees for the lease agreement until the Pier is operational. genda lt�m A I 0 (,C Date —j—(Ci— 1 2