HomeMy WebLinkAbout350 Sunny Isles Blvd Approved Mayor Agenda Item No. 8(0)(1)
Veto 10-2-18
Override
RESOLUTION NO. R-1021-18
RESOLUTION APPROVING, PURSUANT TO SECTION
125.38, FLORIDA STATUTES, A LEASE AGREEMENT
BETWEEN MIAMI-DADE COUNTY AND THE CITY OF
SUNNY ISLES BEACH FOR $10.00 PER YEAR WITH AN
INITIAL 20-YEAR TERM AND TWO 10-YEAR RENEWAL
OPTIONS FOR COUNTY-OWNED LAND LOCATED AT 350
SUNNY ISLES BOULEVARD, SUNNY ISLES BEACH, TO BE
USED AS A PASSIVE PARK OPEN TO THE PUBLIC FROM
SUNRISE TO SUNSET; AUTHORIZING EXECUTION OF THE
LEASE BY THE COUNTY MAYOR OR COUNTY MAYOR'S
DESIGNEE; DECLARING SUCH PROPERTY SURPLUS;
WAIVING ADMINISTRATIVE ORDER 8-4 AS IT RELATES
TO REVIEW BY THE PLANNING ADVISORY BOARD AND
WAIVING RESOLUTION 333-15; AUTHORIZING THE
COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO
EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED
THEREIN AND TO TAKE ALL ACTS NECESSARY TO
EFFECTUATE THE SAME; AND DIRECTING THE COUNTY
MAYOR OR COUNTY MAYOR'S DESIGNEE TO PROVIDE
AN EXECUTED COPY OF THE LEASE TO THE PROPERTY
APPRAISER'S OFFICE WITHIN 30 DAYS OF THE
EXECUTION OF THE AGREEMENT
WHEREAS,Miami-Dade County(the"County") owns approximately 53,176 square feet
of real property, located at 350 Sunny Isles Boulevard, Sunny Isles Beach, under Folio Number
31-2214-007-0410 (the"Property"); and
WHEREAS, the Miami-Dade Water and Sewer Department owns and operates Pump
Station No. 301 located on a portion of the Property as described on Exhibits A, B and C of the
attached New Lease Agreement (the "New Lease Agreement"); and
WHEREAS, the City of Sunny Isles (the "City"), a Florida municipal organization, has
requested that 17,651 square feet of the Property be leased to the City for the purpose of providing
a passive park with access to the public seven days a week from sunrise to sunset; and
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Agenda Item No. 8(Q)(1)
Page No. 2
WHEREAS, on March 1, 2011, the Board, through Resolution R-137-11, authorized the
execution of a lease agreement (the "2011 Lease Agreement") between the County and the City,
which provided the framework for the construction of a passive park, fencing, landscaping and
other improvements on a 7,372 square foot parcel of the Property; however, because the initial
term of the 2011 Lease Agreement expired before any improvements to the Property were made
by the City,the County and the City negotiated the attached New Lease Agreement, which allows
the City to expand the square footage area of the passive park from 7,372 square feet to 17,651
square feet; and
WHEREAS, this Board finds that, pursuant to Section 125.38 of the Florida Statutes, the
property to be leased to the City is not needed for a County purpose and will be used by the City,
pursuant to the lease, for a use that will promote the community interest and welfare; and
WHEREAS, the Board desires to accomplish the purposes outlined in the accompanying
memorandum, a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY,FLORIDA, that:
Section I. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. The Board hereby approves, pursuant to Section 125.38, Florida Statutes,
the New Lease Agreement between Miami-Dade County and the City of Sunny Isles Beach, a
Florida municipal corporation, for premises located at 350 Sunny Isles Boulevard, Sunny Isles
Beach, Florida to be utilized as a passive park for an initial term of 20 years with two 10-year
options to renew and an annual rent of$10.00, in substantially the form attached hereto and made
a part hereof.
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Agenda Item No. 8(0)(1)
Page No. 3
Section 3. This Board hereby waives: (a) Administrative Order 8-4 as it relates to
review by the Planning Advisory Board and(b)Resolution No. R-333-15 requiring that the market
value and rental value of any property to be leased be disclosed to the Board.
Section 4. The Board authorizes the County Mayor or County Mayor's designee to
execute the New Lease Agreement on behalf of Miami-Dade County,to take all actions necessary
to effectuate the same, and to exercise any and all rights conferred therein.
Section S. The Board directs the County Mayor or County Mayor's designee to
provide the Property Appraiser's Office with a copy of the executed lease agreement within 30
days of its execution.
The foregoing resolution was offered by Commissioner Sally A. Heyman
who moved its adoption. The motion was seconded by Commissioner Rebeca Sosa and
upon being put to a vote, the vote was as follows:
Esteban L. Bovo, Jr., Chairman aye
Audrey M. Edmonson, Vice Chairwoman aye
Daniella Levine Cava aye Jose "Pepe" Diaz aye
Sally A.Heyman aye Eileen Higgins aye
Barbara J. Jordan aye Joe A. Martinez aye
Jean Monestime aye Dennis C. Moss aye
Rebeca Sosa aye Sen. Javier D. Souto aye
Xavier L. Suarez aye
Agenda Item No. 8(0)(1)
Page No. 4
The Chairperson thereupon declared this resolution duly passed and adopted this 2°d day
of October, 2018. This resolution shall become effective upon the earlier of(1) 10 days after the
date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only
upon an override by this Board, or (2) approval by the County Mayor of this resolution and the
filing of this approval with the Clerk of the Board.
MIAMI-DADE COUNTY,FLORIDA
GO M MIS` BY ITS BOARD OF
s9.`"-'4,, `PS COUNTY COMMISSIONERS
z —• Z
COUNTY
-g P 41 HARVEY RUVIN, CLERK
-Christopher Agrippa
By:
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency. 5 E 0
Sarah E. Davis
1/
LEASE AGREEMENT
BETWEEN
MIAMI-DADE COUNTY
AND
THE CITY OF SUNNY ISLES BEACH
FOR A PASSIVE PARK
THIS LEASE AGREEMENT (this "Agreement") made on the �2 day of& !2018
("Effective Date"), by and between MIAMI-DADE COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as the "LANDLORD," and the CITY OF SUNNY ISLES
BEACH, a Florida municipal organization, hereinafter referred to as the "TENANT," and
collectively with the LANDLORD, the "Parties".
WITNESSETH:
WHEREAS, the LANDLORD owns and operates a public facility known as the Miami-
Dade Water and Sewer Pump Station No. 301, located at 350 Sunny Isles Boulevard, Sunny Isles
Beach, Florida, under Folio Number 31-2214-007-0410; and
WHEREAS, the TENANT is requesting that a 17,651 square foot portion of the County-
owned property located at 350 Sunny Isles Boulevard, Sunny Isles Beach, Florida, which is not
being used by the LANDLORD, be leased to the TENANT for the purpose of providing a
passive park, walkway and landscape improvements with seven (7) days a week access from
sunrise to sunset for the public's community interest and welfare; and
WHEREAS, the LANDLORD, for and in consideration of the restrictions and covenants
herein contained, hereby leases to TENANT and TENANT hereby agrees to lease from
LANDLORD the property described as follows:
The western portion of Water and Sewer Department's Pump Station
Site No. 301, located at 350 Sunny Isles Boulevard, Sunny Isles,
Florida Folio # 31-2214-007-0410, as referenced in the attached
Exhibits "A", "B", and "C" made a part hereof and hereinafter
referred to "Leased Premises;" and
WHEREAS, the LANDLORD is satisfied that the TENANT will develop the Leased
Premises as a passive park for the public's interest and welfare, and the Leased Premises is not
otherwise needed by the LANDLORD for other purposes.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE
RESPECTIVE PARTIES HERETO:
ARTICLE I
DESCRIPTION OF LEASED PREMISES
TENANT hereby accepts the Leased Premises in "as is" condition as such Leased
Premises exists at the beginning of this Agreement. TENANT acknowledges that the Leased
Premises contains underground utility facilities (the "Existing Utilities") and the LANDLORD
shall have access to the entire parcel in order to access the Existing Utilities for maintenance,
repair or alteration. TENANT, at its sole cost and expense, may make such beautification
improvements and construct the passive park and walkway upon the Leased Premises as shall be
reasonably necessary to place the Leased Premises in such state or condition that it may be used
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Sunny Isles Lease Agreement
for the purposes for which this Agreement is made and entered into by both Parties but shall not
impact or utilize such Existing Utilities.
The LANDLORD makes no expressed or implied warranty as to the condition of the
Leased Premises and/or whether the Leased Premises is habitable or fit for any particular use or
purpose. The LANDLORD expressly refuses to extend and specifically denies any implied
warranty as to the condition to the Leased Premises or any of the structures.
The LANDLORD and the TENANT further agree that the TENANT shall be solely
responsible for obtaining, securing and/or maintaining any and all permits and licenses,
including, but not limited to, building permit(s) and occupancy license(s) for any improvements
to be made to the Leased Premises. The TENANT agrees to be solely responsible for the cost to
obtain any type of permit(s) and/or license(s).
The Parties hereby expressly acknowledge and agree that the TENANT shall not occupy
or otherwise utilize any portion of the Leased Premises where a particular permit or license is
necessary for any use or operation when the TENANT does not have such permit or license for
any reason whatsoever, and the TENANT shall refrain from such use and/or operation unless and
until the TENANT has secured, in hand, the appropriate permit(s) and/or license(s) which
authorizes and warrants the use of such portion or area(s) of the Leased Premises as
contemplated under this Agreement, and the TENANT has also fully complied, at its sole cost
and expense, with any and all laws, rules, codes and regulations.
The TENANT accepts full responsibility to repair and maintain improvements
constructed by the TENANT to the Leased Premises, including, but not limited to, complying
with the Americans with Disabilities Act. •
ARTICLE II
TERM
The term of this Agreement shall commence on the first day of the next calendar month
following the effective date of the resolution by the Board of County Commissioners (the
"Board") approving this Agreement, so long as the required ten (10) day veto period for the
County Mayor has passed or has been waived ("Effective Date"). If the County Mayor has
vetoed this Agreement, then the Effective Date shall be the date that it is approved by the County
Mayor or is subsequently approved by two/thirds of the Board. The LANDLORD and the
TENANT agree that this Agreement is scheduled to terminate twenty (20) years from the
Effective Date (hereinafter, the "Termination"). The LANDLORD will send the TENANT a
Letter of Commencement, identifying both the Effective Date and the Termination Date of this
Agreement. Provided the TENANT is not otherwise in default, the TENANT is hereby granted
the option to extend this Agreement for two (2) additional ten (10) year renewal option periods
upon the approval of the County Mayor or County Mayor's designee for the same terms and
conditions as this Agreement. The TENANT must provide the LANDLORD with notice, in
writing, of its desire to remain on the Leased Premises at least ninety (90) calendar days prior to
the expiration of this Agreement.
This Agreement shall terminate on the Termination Date, or at the end of any extension
or renewal thereof, without the necessity of any notice from either the LANDLORD or the
TENANT to teiminate the same, and the TENANT hereby waives notice to vacate or quit the
Leased Premises and agrees that the LANDLORD shall be entitled the benefit of all provisions
of law with respect to the summary recovery of possession of the Leased Premises from the
TENANT holding over to the same extent as if statutory notice had been given. The TENANT
hereby agrees that if it fails to surrender the Leased Premises at the end of the telui, or any
renewal thereof, the TENANT will be liable to the LANDLORD for any and all damages which
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Sunny Isles Lease Agreement
the LANDLORD shall suffer by reason thereof, and the TENANT will indemnify the
LANDLORD against all claims and demands made by any succeeding tenants and/or developers
against the LANDLORD founded upon delay by the LANDLORD in delivering possession of
the Leased Premises to such succeeding tenant and/or developer.
If the TENANT shall be in possession of the Leased Premises after the Termination Date,
in the absence of any agreement extending the term hereof, the tenancy under this Agreement
shall become one of month-to-month, terminable by either Party with thirty (30) days prior
written notice. Such month-to-month tenancy shall be subject to all of the covenants, conditions,
provisions, restrictions and obligations of this Agreement.
Upon the Effective Date of this Agreement, any and all other agreements, if any, that the
LANDLORD has with the TENANT for the same property, shall automatically terminate
without further notice to the LANDLORD or the TENANT. This Agreement shall replace and
succeed any and all other such agreements in their entirety.
ARTICLE III
RENT
The TENANT covenants and agrees to pay to the LANDLORD, as rental, for a term of
twenty (20) years, commencing on the Effective Date, and teiminating on the Termination Date,
the annual rental amount of Ten Dollars ($10.00), on a yearly basis.
The LANDLORD shall be permitted to accelerate the rent upon any default by the
TENANT. Further, the TENANT also agrees that the rent is payable on a yearly basis, as
described above, and payable on the anniversary of the Effective Date to Miami-Dade County
Water and Sewer Department, 3071 S.W. 38 Avenue, Controllers Office, Miami, Florida 33146,
or at such other place and to such other person as the LANDLORD may from time to time
designate in writing, as set forth herein.
ARTICLE IV
USE OF LEASED PREMISES
The TENANT shall occupy the Leased Premises upon the Effective Date of the term in
accordance with this Agreement, and thereafter will continuously use the Leased Premises for
the pemnitted use as a passive park for public use available seven (7) days a week, from sunrise
to sunset. The TENANT shall be responsible for opening the gate before sunrise and locking the
gate at sunset to prevent access to the Leased Premises. The TENANT shall be responsible for
all operational and security aspects of the Leased Premises except for the areas specifically
designated for use by the LANDLORD. If the TENANT fails to operate the facility in
accordance with the approved use, this Agreement shall be terminated and any and all
improvements will become the property of the LANDLORD. The TENANT shall be given thirty
(30) days' notice to cure any defaults before the Agreement is terminated.
The TENANT agrees that no changes in the use of the Leased Premises is permitted
without the express prior written permission of the LANDLORD. Upon failure of the TENANT
to operate the Leased Premises in accordance with the approved use, as herein stated above, this
Agreement may be immediately terminated at the LANDLORD'S sole discretion, and it shall
become null and void, and any and all improvements, except for furniture and equipment, on or
to the Leased Premises shall become the property of the LANDLORD.
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ARTICLE V
UTILITIES, MAINTENANCE AND CONSTRUCTION
All additional utilities shall be provided and installed by the TENANT and shall be
placed in the name of the TENANT and the cost of all utilities and waste removal shall be paid
by TENANT, including any and all infrastructure required to provide service to the Leased
Premises. The location of all new utility lines shall be subject to the written approval of
LANDLORD prior to installation. The TENANT agrees to provide, at its sole cost and expense,
all maintenance, landscaping, repairs or replacements, as required to keep the Leased Premises
and any improvements thereto in a state of good repair and appearance, and in a safe and clean
condition at all times, during the term of this Agreement or any extension or renewal thereof.
This shall include, but not be limited to, cutting grass, trimming trees and shrubs and removing
trash. TENANT shall be responsible for and shall repair any damage caused to the Leased
Premises as a result of TENANT's use of the Leased Premises, ordinary wear and tear excepted.
LANDLORD shall notify TENANT after discovering any damage. LANDLORD shall notify
TENANT after discovering any damage which TENANT is responsible for repairing. TENANT
shall have thirty (30) days to complete the repairs unless an extension is given by the
LANDLORD in writing. If any lighting, water fountains, tables, grills for cooking, fences, signs
or any other equipment or improvements shall be provided by TENANT, they shall be paid for
and maintained by TENANT. All TENANT Improvements shall be at the TENANT's expense,
which shall include an exterior fence and gate along the property line abutting Sunny Isles
Boulevard and an interior fence around the Pump Station site for Miami-Dade Water and Sewer
Department use only. Any construction on the property, such as fences, lighting, gazebos,
shelters or any item that requires a building penuit will require the written approval of
LANDLORD. LANDLORD shall be able to withhold approval for any reason.
ARTICLE VI
CONSTRUCTION BY LANDLORD
LANDLORD has the right to make planned improvements and construction in, on, under
or to the Leased Premises with five (5) days written notice to TENANT.
ARTICLE VII
DESTRUCTION OF LEASED PREMISES
The TENANT shall be responsible for and shall repair any and all damages caused to the
Leased Premises as a result of the TENANT'S negligent use of the Leased Premises and/or any
vandalism, malicious mischief or criminal acts thereto, including any damage to Pump Station
No. 301 and/or fence around the Pump Station No. 301. The TENANT shall immediately notify
the LANDLORD, in writing, upon discovering any damage to the Leased Premises. The
TENANT is responsible for maintaining, replacing, and/or repairing any damaged real property,
and/or personal property belonging to the LANDLORD, including any damage to Pump Station
No. 301.
In the event the Leased Premises should be destroyed or so damaged by hurricane,
windstorm, or other casualty to the extent that the Leased Premises is rendered untenantable or
unfit for the purpose of the TENANT, either Party may cancel this Agreement by the giving of
thirty (30) days' prior written notice to the other.
If either the entire Leased Premises or any improvements which are on the Leased
Premises is partially damaged due to the TENANT'S negligence, but not rendered unusable for
the purposes of this Agreement, the same shall be immediately repaired by the TENANT from
proceeds of the insurance coverage and/or at its own cost and expense. If the damage shall be so
extensive as to render such Leased Premises unusable for the purposes intended, but capable of
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being repaired within thirty (30) days, the damage shall be repaired with due diligence by the
TENANT from the proceeds of the insurance coverage policy and/or at its own cost and expense.
In the event that said Leased Premises is completely destroyed due to the TENANT'S
negligence, the TENANT shall repair and restore the Leased Premises so that it is equal to the
condition of the Leased Premises as of the Effective Date. In lieu of restoring, the TENANT
shall pay the LANDLORD the costs to restore the Leased Premises to its original condition. The
election of remedies shall be at the sole discretion of the LANDLORD.
ARTICLE VIII
IMPROVEMENTS AND REPAIRS
The TENANT, at its sole cost and expense, may make such improvements to the Leased
Premises that itshall deem reasonably necessary to place the Leased Premises in such a state or
condition that the TENANT may use it for the purposes described in this Agreement, so long as
such improvements are approved by the LANDLORD in writing.
Prior to commencing any improvements, the TENANT must deliver all plans,
specifications, and scheduling, at its sole cost and expense, to the LANDLORD, and specifically
to the Director of the Water and Sewer Department for written approval at least thirty (30) days
before the commencement of any work. Further, the TENANT shall not commence
improvements upon the Leased Premises unless and until it has secured, and has on-hand,
sufficient funds or resources to complete the passive park, walkway and beautification
improvements.
The TENANT shall cause any and all repairs and/or improvements to be performed
competently and in a good and workmanlike manner by a duly qualified and licensed person(s)
or entities, or utilizing its own employees, using first grade materials, and without interference
with or disruption to the nearby residents or occupants.
The TENANT shall promptly pay all persons or entities furnishing labor and material
with respect to any work performed by the TENANT or its contractor on or about the Leased
Premises, and in the event a contractor is utilized, shall obtain and deliver to the LANDLORD
"releases" or waivers of liens from all parties doing work on or about the Leased Premises, along
with an affidavit from the TENANT stating that all bills have been paid with regard to such work
and that there are no outstanding obligations owed with respect to any such work performed on
the Leased Premises.
The LANDLORD shall have no obligation, financial, regulatory or otherwise, for any
and/or all activities necessary to construct, maintain or repair the TENANT'S improvements, or
for the TENANT'S operations within, on or about the Leased Premises during the term of this
Agreement. If the TENANT'S improvements or repair activities or other actions relative to the
Leased Premises result in the introduction of hazardous materials or contamination of the soil or
ground water, then the TENANT agrees to: (1) immediately notify the LANDLORD of any
contamination, claim of contamination or damage; (2) after consultation and with the approval of
the LANDLORD, to clean up thecontamination in full compliance with all applicable statutes,
regulations and standards; and (3) to indemnify, defend and hold the LANDLORD harmless
from and against any claims, suits, causes of action, costs and fees, including any and all
attorneys' fees arising from or connected with such contamination, claim of contamination or
damage.
All leasehold improvements installed on the Leased Premises, except for furniture and
equipment, shall not be removed from the Leased Premises at any time, unless removal is
consented to in advance, in writing, by the LANDLORD; and at the expiration of this Agreement
(either on the Termination Date, or any extension or renewal thereof, or upon such earlier
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termination or cancellation as provided for in this Agreement), all such leasehold improvements
shall be deemed to be part of the Leased Premises and shall not be removed by the TENANT
when it vacates the Leased Premises, and title thereto shall vest solely in the LANDLORD
without payment of any kind or nature to the TENANT.
Should the TENANT bring andlor install any furniture and/or equipment to the Leased
Premises, which personal property can be removed without damage to the Leased Premises, such
shall remain the TENANT'S property and may be removed from the Leased Premises upon the
expiration of this Agreement.
Prior to commencing any improvements and/or repair to any property owned by the
LANDLORD, including the purchase of supplies and/or materials from materialmen and
suppliers, and/or before recommencing any such work or repair after a default or abandonment,
the TENANT shall obtain and deliver to the LANDLORD copies of any bonds from its
contractors, at its sole cost and expense, a payment and perfonuance bond, or such other
alternate form of security, each which meet the requirements, as applicable, of Section 255.05,
Florida Statutes, as set forth below, not less than ten (10) days prior to the anticipated purchase
of supplies and/or materials, commencement of the improvements and/or repairs. Said payment
and performance bond(s) shall name the LANDLORD as an additional payee and oblige. The
form of such bonds shall be as provided by Section 255.05, Florida Statutes, and each shall be in
the amount of the entire cost of the improvements and/or repair project regardless of the source
of funding. The TENANT shall be responsible for recording the bonds in the public records of
Miami-Dade County, Florida, and providing notice to contractors, subcontractors, and suppliers,
as required by Section 255.05, Florida Statutes. Said payment and performance bonds shall be
maintained in full force and effect for the duration of any improvements and/or repair project.
However, the foregoing requirement of securing a performance bond shall not be required when
such contract for any improvements and/or repair is estimated, in accordance with.generally
accepted cost-accounting principles, to have a cost of$50,000 or less.
ARTICLE IX
ASSIGNMENT
Without the written consent of LANDLORD first obtained in each case, TENANT shall
not sublet, transfer, mortgage, pledge, or dispose of this Lease Agreement or the term hereof
ARTICLE X
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved in the Leased Premises shall be at the risk of
TENANT. LANDLORD shall not be liable to TENANT or any third party for any damage to
said personal property unless solely caused by or due to the negligence of LANDLORD,
LANDLORD's agents or employees, subject to all limitations of Florida Statutes, Section
768.28.
ARTICLE XI
SIGNS
Signs will be of the design and form of letter to be first approved by LANDLORD. Sign
wording will require written pre-approval of LANDLORD within ten (10) days after submittal
by the TENANT. The cost of any sign shall be paid by TENANT. Signs shall be subject to the
graphic standards outlined in the County's Branding Style and Usage Guide when developing
construction signage. All signs shall be removed by TENANT at termination of this Agreement
and any damage or unsightly condition caused to Leased Premises because of or due to said signs
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shall be satisfactorily corrected or repaired by TENANT, at TENANT's expense. All signs will
comply with all applicable laws and regulations.
ARTICLE XII
LANDLORD'S RIGHT OF ENTRY
LANDLORD or any of its agents shall have the right to enter said Leased Premises
during all reasonable working hours or when making improvements or alterations to the Pump
Station or nearby infrastructure, if repairs, additions or alterations are deemed necessary for the
safety, comfort, or preservation thereof Said right of entry shall likewise exist for the purpose of
removing placards, signs, fixtures, and alterations or providing space for construction access and
equipment staging in connection with Pump Station No. 301 rehabilitation project. LANDLORD
will have access to the entire parcel in the event of an emergency without prior notice for Pump
Station No. 301.
ARTICLE XIII
PEACEFUL POSSESSION
Subject to the terms, conditions, and covenants of this Agreement, LANDLORD agrees
that TENANT shall and may peaceably have, hold, and enjoy the Leased Premises without
hindrance or molestation by LANDLORD.
ARTICLE XIV
SURRENDER OF LEASED PREMISES
TENANT agrees to surrender to LANDLORD, at the end of the teiiu of this Agreement
or any extension thereof, said Leased Premises in as good condition as said Leased Premises was
in as of the Effective Date of this Agreement, ordinary wear and tear and damage by fire and
windstorm or other acts of God excepted including all improvements made thereto, which shall
become the property of the LANDLORD.
ARTICLE XV
INDEMNIFICATION AND HOLD HARMLESS
TENANT shall indemnify and hold harmless the LANDLORD and its officers,
employees, agents and instrumentalities from any and all liability, losses, or damages, including
attorney fees and costs of defense, which the LANDLORD or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings
of any kind or nature arising out of, relating to or resulting from the performance of the
Agreement by the TENANT or its employees, agents, servants, partners, principals or
subcontractors. TENANT shall pay all claims and losses in connection therewith, and shall
investigate and defend all claims, suits, or actions of any kind or nature in the name of the
LANDLORD, where applicable, including appellate proceedings and shall pay all costs and
judgments, and agrees that any insurance protection required by this Agreement or otherwise
provided by TENANT shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the LANDLORD or its officers, employees, agents and instrumentalities as
herein provided. This Article is subject to all limitations of Florida Statutes, Section 768.28.
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ARTICLE XVI
LIABILITY FOR DAMAGE OR INJURY
LANDLORD shall not be liable for any damage or injury which may be sustained by
any Party or person on the Leased Premises other than the damage or injury caused solely by the
negligence of LANDLORD, its officers, employees, agents, invitees, or instrumentalities, subject
to all limitations of Florida Statues, Section 768.28.
ARTICLE XVII
SUCCESSORS IN INTEREST
It is hereby covenanted and agreed between the Parties that all covenants, conditions,
agreements, and undertakings contained in this Agreement shall extend to and be binding on the
respective successors and assigns of the respective Parties hereto, the same as if they were in
every case named and expressed.
ARTICLE XVIII
LANDLORD NOT RESPONSIBLE FOR ACTS OF OTHERS
Landlord shall not be responsible or liable to Tenant, or to those claiming by, through or
under Tenant, for any loss or damage which may be occasioned by or through the acts or
omissions of person coming onto the Premises, including but not limited to invitees, trespassers,
and/or licensees for any loss or damage resulting to Tenant, or those claiming by, through or
under Tenant, for themselves and/or their personal property, from any actions or activity by such
persons(s), including, but not limited to, such actions or activity which is the direct or indirect
cause of any lack of security, insufficient safety measures, failure to provide adequate or
sufficient warnings, precautions, and/or inadequate protection to the Leased Premises, the
Tenant, or anyone claiming by, through or under the Tenant.
To the maximum extent permitted by law, the Tenant agrees to use and occupy the
Leased Premises at Tenant's own risk. Tenant shall secure, maintain and utilize security
personnel, at its sole cost and expense, as it deems necessary to protect the Tenant, its guests,
licensees, and/or the Leased Premises. Tenant shall not be responsible for any loss or damage
occasioned by or through the acts or omissions of Landlord. Tenant shall not be responsible or
liable to Landlord, or to those claiming by, through or under Landlord, for any loss or damage
which may be occasioned or caused by any actions or actions of the Landlord.
Landlord shall not be responsible or liable to Tenant, or to those claiming by, through or
under Tenant, for any loss or damage caused by the Tenant, which is the direct or indirect cause
of any breaking, bursting, stoppage or leaking of water, gas, sewer, electrical, telephone or other
utility pipes or results from failed, down, broken or damaged cable and/or wires. To the
maximum extent permitted by law, the Tenant agrees to use and occupy the Leased Premises at
Tenants own risk.
ARTICLE XIX
TERMINATION
TERMINATION BY LANDLORD: The occurrence of any of the following shall cause
this Agreement to be terminated by the LANDLORD, such right to be exercised by the
LANDLORD through its County Mayor or County Mayor's designee in its sole discretion upon
the terms and conditions also set forth below:
Page 8 of 16
Sunny Isles Lease Agreement
A. Automatic Termination:
1) Institution of proceedings in voluntary bankruptcy by the TENANT.
2) Institution of proceedings in involuntary bankruptcy against the TENANT if such
proceedings continue for a period of ninety (90) days.
3) Assignment by the TENANT for the benefit of creditors.
B. Termination after twenty (20) calendar days from receipt by the TENANT of written
notice by certified or registered mail sent to the TENANT for any of the following:
1) Non-payment of any sum or sums due hereunder after the due date for such
payments; provided, however, that such teinunation shall not be effective if the
TENANT makes the required payment(s) during the twenty (20) calendar day period
from date of the written notice.
2) Notice of any condition posing a threat to health or safety of the public or patrons
and not remedied within the twenty (20) calendar day period from the date of written
notice.
C. Termination after thirty (30) calendar days from receipt by the TENANT of written
notice by certified or registered mail sent to the TENANT for the following:
1) Non-perfonnance of any covenant of this Agreement other than non-payment of rent
and others listed in A and B above, and failure of the TENANT to remedy such
breach within the thirty (30) calendar day period from receipt of the written notice, or
where a court finds that the TENANT has brought a frivolous and/or baseless claim
or defense.
D. A final determination in a court of law in favor of the LANDLORD in litigation instituted
by the TENANT against the LANDLORD, or brought by the LANDLORD against the
TENANT (termination shall be at the option of the LANDLORD).
E. The LANDLORD, through its County Mayor or County Mayor's designee, shall have the
right to teiniinate this Agreement or any portion thereof, at any time, and for any reason
whatsoever, by giving the TENANT sixty (60) calendar days written notice of such
termination prior to its effective date. Should the term of this Agreement, at the time the
LANDLORD elects to provide the TENANT with notice of termination, be equal to or
less than sixty (60) calendar days, then notice shall be commensurate with the remaining
term of this Agreement.
F. The LANDLORD shall have the right to immediately terminate, or suspend, this
Agreement, at any time, in the event of an emergency, as determined in the sole
discretion of the County Mayor or, the County Mayor's designee, should the
LANDLORD need the Leased Premises for a public purpose, by giving the TENANT
twenty-four (24) hours written notice of such termination or suspension.
TERMINATION BY THE TENANT: Thq,TENANT shall have the right to cancel this
Agreement at any time by giving the LANDLORD at least sixty (60) calendar days written
notice prior to its effective date.
Page 9 of 16
Sunny Isles Lease Agreement
ARTICLE XX
NOTICES
It is understood and agreed between the Parties hereto that written notice addressed and
sent by certified or registered mail, return receipt requested, first class, postage prepaid and
addressed as follows:
TENANT: WITH COPY TO:
City of Sunny Isles Beach City of Sunny Isles Beach
18070 Collins Avenue 18070 Collins Avenue—4th Floor
Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160
Attention: City Manager Attention: City Attorney
LANDLORD: WITH COPY TO:
Miami-Dade County Miami-Dade County
Director Intergovernmental Affairs
Water and Sewer Department Water and Sewer Department
3071 S.W. 38 Avenue 3071 S.W. 38 Avenue
Miami, Florida 33146 Miami, Florida 33146
Notices provided herein in this paragraph shall include all notices required in this Agreement or
required by law.
ARTICLE XXI
INSURANCE
Prior to occupancy, the TENANT shall furnish to Miami-Dade Water and Sewer
Department, Chief, Intergovernmental Affairs Section, 3071 S.W. 38 Avenue, Miami, Florida,
33146, a letter establishing that it is self-insured, or if the TENANT is not self-insured, then the
TENANT must provide a Certificate(s) of Insurance which indicates that insurance coverage has
been obtained which meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the TENANT as required
by Florida Statute Chapter 440.
B. Commercial General Liability Insurance on a comprehensive basis in an amount
not less than $1,000,000 combined single limit per occurrence for bodily injury
and property damage. Coverage must include Abuse and Molestation Liability.
Miami-Dade County must be shown as an additional insured with respect to
this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles
used in connection with the work within the Leased Premises, in an amount not
less than $300,000 combined single limit per occurrence for bodily injury and
property damage. Using vans or mini-vans with seating capacities of fifteen (15)
passengers or more, the limit of liability required for Automobile Liability
Insurance is $500,000. All insurance policies required above shall be issued by
companies authorized to do business under the laws of the State of Florida, with
the following qualifications:
The company must be rated no less than "A-" as to management, and no less than "Class
VII,, as to financial strength, by the latest edition of Best's Insurance Guide, published
by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval
of the LANDLORD'S Risk Management Division.
Page 10 of 16
Sunny Isles Lease Agreement
Or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All Insurance Companies Authorized or Approved to do business in Florida"
issued by the State of Florida Department of Financial Services or its equivalent, and are
members of the Florida Guaranty Fund or its equivalent. Certificates will indicate no
modification or change in insurance shall be made without thirty (30) days advance
notice to the certificate holder.
NOTE: CERTIFICATE HOLDER MUST READ:
MIAMI-DADE COUNTY
111 N.W. FIRST STREET
SUITE 2340
MIAMI, Florida 33128
Compliance with the foregoing insurance requirements shall not relieve the TENANT of
its liability and obligations under this Article or under Article 15: Indemnification and Hold
Harmless, or any other section or portion of this Agreement.
The TENANT shall be responsible for ensuring that the insurance certificates required in
conjunction with this Article remain in full force for the duration of this Agreement. If insurance
certificates are scheduled to expire during the term of the Agreement, the TENANT shall be
responsible for submitting new or renewed insurance certificates to the LANDLORD at a
minimum of thirty (30) calendar days in advance of such expiration.
ARTICLE XXII
PERMITS,REGULATIONS
TENANT covenants and agrees that during the term of this Agreement, TENANT will
obtain any and all necessary permits and approvals and that all uses of the Leased Premises will
be in conformance with all applicable laws.
ARTICLE XXIII
FORCE MAJEURE
The LANDLORD and the TENANT hereby agree that the term "Force Majeure" in this
Agreement, and when applied to this Agreement, shall mean an unforeseen event or occurrence
that is beyond the control of one or both of the Parties, such as a war, strike, riot, crime, acts of
nature, or act of God (e.g., flooding, earthquake, hurricane) that in fact prevents one or both
Parties from fulfilling their respective obligation(s) in a timely manner under this Agreement.
Force Majeure shall excuse the Party or Parties from liability or obligation only during the period
of time when an extraordinary event occurs and the circumstances beyond the Party or Parties'
control continue to prevent the Party or Parties from performance under this Agreement. Force
Majeure is specifically not intended to shield or otherwise excuse the negligence or malfeasance
of a Party, as where non-performance is caused by lack of foresight, prudence and/or failure to
exercise precautionary measures.
A Party asserting Force Majeure as an excuse for delay or non-performance shall have
the burden of proving that failure to perform could not have been avoided by the exercise of due
care by that Party, that reasonable steps were taken to minimize any delay, as well as to avoid
any damages caused by subsequent foreseeable events, that all non-excused obligations were
timely fulfilled, and that the other Party was timely notified, in writing, of the likelihood of or the
actual occurrence of the extraordinary event which would justify such an assertion, so that
Page 11 of 16
Sunny Isles Lease Agreement
reasonable measures could be contemplated and possibly taken by the other Party, and the other
Party has in fact recognized, in writing to the Party asserting a claim of Force Majeure, that the
occurrence is an event equating to Force Majeure.
The TENANT and the LANDLORD shall be excused only for the period of any delay
associated with the Force Majeure event, and shall not be deemed in default with respect to the
performance of any of the non-monetary terms, covenants, and conditions of this Agreement
when prevented from so doing by cause or causes beyond the TENANT'S or the LANDLORD'S
control, excluding filing of bankruptcy, but which shall include, without limitation, all labor
disputes, governmental regulations or controls, fire or other casualty, acts of God, or any other
cause, whether similar or dissimilar to the foregoing, not within the control of the TENANT or
the LANDLORD.
ARTICLE XXIV
WAIVER
If, under the provisions hereof, the LANDLORD or the TENANT shall institute
proceedings and a compromise or•settlement thereof shall be made, the same shall not constitute
a waiver of any covenant herein contained nor of any of the LANDLORD'S or the TENANT'S
rights hereunder, unless expressly stated in such settlement agreement. No waiver by the
LANDLORD or the TENANT of any provision hereof shall be deemed to have been made
unless expressed in writing and signed by both Parties. No waiver by the LANDLORD or the
TENANT of any breach of covenant, condition, or agreement herein contained shall operate as a
waiver of such covenant, condition, or agreement itself, or of any subsequent breach thereof. No
payment by the TENANT or receipt by the LANDLORD of lesser amount than the annual
payments of rent (or additional rent if such obligations are stipulated) shall be deemed to be other
than on account of the earliest stipulated rent, nor shall any endorsement or statement on any
check or letter accompanying a check for payment of rent or any other amounts owed to the
LANDLORD be deemed an accord and satisfaction, and the LANDLORD may accept such
check or payment without prejudice to or waiver of the LANDLORD'S right to recover the
balance of such rent or other amount owed or to pursue any other remedy provided in this
Agreement. Further, any endorsement or statement on any check or letter accompanying a check
for payment of rent or any other amounts owed to the LANDLORD may not be deemed to limit
or restrict the LANDLORD in any manner whatsoever, and such endorsement or statement shall
have no effect whatsoever, and shall be deemed to have never been written at all.
ARTICLE XXV
DEFAULT OF THE TENANT AND REMEDIES
Consistent with Teiiuination, above, if the TENANT shall fail to pay any annual payment
or item of rent on the date when the same becomes due and if such violation or failure continues
for a period of twenty (20) calendar days after written notice thereof to the TENANT by the
LANDLORD, then the LANDLORD may proceed with any remedy available at law or in equity
in the State of Florida or by such other proceedings, including reentry and possession, as may be
applicable.
Should the TENANT elect or fail to perform or observe any covenant or condition of this
Agreement, other than a default involving the payment of rent, which default has not been cured
within twenty (20) calendar days after the giving of notice by the LANDLORD, unless such
default is of such nature that it cannot be cured within such twenty (20) day period, in which case
no event of default shall occur so long as the TENANT shall commence the curing of the default
within such twenty (20) day period and shall thereafter diligently prosecute the curing of same,
then the LANDLORD shall be peimitted to terminate this Agreement, and immediately take
possession of the Leased Premises.
Page 12 of 16
Sunny Isles Lease Agreement
Should the TENANT vacate, abandon, or fail to take possession of the Leased Premises
at any time during the term of this Agreement, the LANDLORD shall be peiniitted to
immediately take possession of the Leased Premises.
Upon any default, and after the expiration of any cure period, the LANDLORD may,
with or without judicial process, enter upon the Leased Premises and take possession of any and
all improvements and all personal property of the TENANT situated in the Leased Premises,
without liability for trespass or conversion, and may sell or otherwise dispose of any and all such
property after thirty (30) calendar days' notice to the TENANT, which notice shall constitute
reasonable and sufficient notice (so long as such property is valued by the LANDLORD at more
than one thousand dollars ($1,000.00), otherwise, such property shall be considered abandoned
by the TENANT, and the LANDLORD shall have no obligation to either store, maintain, sell or
otherwise dispose of the personal property). The proceeds of any such sale or disposition shall
be applied first to the payment of all costs and expenses of conducting the sale and/or caring for
and/or storing said property, including attorneys' fees; second, toward the payment of any
indebtedness, including (without limitation) indebtedness for rent and other expenses, which may
be due or become due to the LANDLORD; and third, to pay the TENANT, on demand in
writing, any surplus remaining after all indebtedness of the TENANT to the LANDLORD has
been fully paid, so long as the TENANT in fact makes such demand within sixty (60) calendar
days of any such sale or disposition of property.
Upon any default, the LANDLORD may perform, on behalf of and at the expense of the
TENANT, any obligation of the TENANT under this Agreement which the TENANT has failed
to perform and of which the LANDLORD shall have given the TENANT notice of, the cost of
which perfoiniance by the LANDLORD, together with interest thereon, at the highest legal rate
of interest as permitted by the State of Florida, shall be immediately payable by the TENANT to
the LANDLORD.
Notwithstanding the provisions of Article 26 above, and regardless of whether an event
of default shall have occurred, the LANDLORD may exercise the remedy described in Article 26
without any notice to the TENANT if the LANDLORD, in its good faith judgment, believes it
would be injured by failure to take rapid action or if the unperfoi.iued obligation by the TENANT
constitutes an emergency.
If this Agreement is terminated or cancelled by the LANDLORD, the TENANT
nevertheless shall remain liable for any and all rent and damages which may be due, become due
or sustained by the LANDLORD, along with any and all reasonable costs, fees, and expenses
including, but not limited to, attorneys' fees, costs'and expenses incurred by the LANDLORD in
pursuit of its remedies hereunder, or in renting the Leased Premises or a portion thereof to others.
All rights and remedies of the LANDLORD under this Agreement shall be cumulative
and shall not be exclusive of any other rights and remedies provided to the LANDLORD under
applicable law.
ARTICLE XXVI
ADDITIONAL PROVISIONS
1. Mechanic's. Materialmen's and Other Liens
TENANT agrees that it will not permit any mechanic's, materialmen's or other liens to
stand against the Leased Premises for work or materials furnished to TENANT; it being
provided, however, that TENANT shall have the right to contest the validity thereof. TENANT
shall immediately pay any judgment or decree rendered against TENANT, with all proper costs
Page 13 of 16
Sunny Isles Lease Agreement
and charges, and shall cause any such lien to be released off record without cost to LANDLORD.
TENANT agrees it shall be the TENANT's responsibility to include the following
statement in any and all contracts in regard to improvements to the Leased Premises: "All
persons, films or corporations dealing with the City of Sunny Isles Beach in respect to the
furnishing of any labor, services or materials for the improvement of said Leased Premises are
hereby placed on notice that no liens of any nature or character shall be imposed upon or
enforced against the Leased Premises, but that credit and liability of the City of Sunny Isles
Beach only shall be relied upon for payment of the cost of such improvements." If liens are
placed upon said Leased Premises, the City of Sunny Isles Beach shall be responsible for these
liens.
2. Non-Discrimination
The TENANT, and in the event a contractor is utilized, shall not discriminate against any
employee or applicant for employment because of race, religion, color, ancestry, sex, familial
status, national origin, pregnancy, age, sexual orientation, marital status, disability, gender
identity or gender express, or status as victim of domestic violence, dating violence or stalking.
The TENANT shall take affirmative actions to insure that employed and that employees are
treated during their employment of the construction of the passive park without regard to their
race, religion, color, ancestry, sex, familial status, national origin, pregnancy, age, sexual
orientation, marital status, disability, gender identity or gender express, or status as victim of
domestic violence, dating violence or stalking. Such actions shall include, but shall not be
limited to the following: employment; upgrading, transfer or demotion; recruitment or
recruitment advertising; layoff or teuuination; rates of pay or other forms of compensation and
selection for training, including apprenticeship. The TENANT agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provisions of this Equal Opportunity Clause.
The TENANT shall comply with all applicable provisions of the Civil Rights Acts of
1964; Executive Order 11246 of September 24, 1965 as amended by Executive Order 11375;
Executive Order 11625 of October 13, 1971; the Age Discrimination in Employment Act,
effective June 12, 1968; the rules and regulations, and relevant orders of the Secretary of Labor;
Sections 112.041, 112.042 and 112.0113, Florida Statutes; and Miami-Dade County Ordinance
No. 75-46, effective June 28, 1975.
3. TENANT will be responsible to design, pellnit, demolish the existing holding
tank and construct the improvements at their sole cost and expense.
4. TENANT's proposed improvement plans and scheduling must be approved by the
Director of the Water and Sewer Department, prior to the permitting application.
5. TENANT shall be responsible for the maintenance of the property, including all
cleaning, landscaping and operational costs of the property upon the completion of the passive
park, walkway and beautification improvements.
6. TENANT shall be responsible for and shall repair any damage caused to the
Leased Premises as a result of TENANT's use of the Leased Premises or any vandalism,
malicious mischief or criminal acts thereto. LANDLORD shall notify the TENANT after
discovering any mischief, criminal acts or any damage to the site which the TENANT is
responsible for maintaining, repairing or replacing and the TENANT shall take the necessary
actions to remedy such damage promptly after said notice.
Page 14 of 16
Sunny Isles Lease Agreement
ARTICLE XXVII
GOVERNING LAW AND VENUE
This Agreement, including any exhibits, attachments, and/or amendments, if any, and all
matters relating thereto (whether in contract, statute, tort or otherwise) are incorporated herein by
reference, and shall be governed by and construed in accordance with the laws of the State of
Florida. The LANDLORD and the TENANT hereby agree that venue shall be Miami-Dade
County, Florida, and as a result, any litigation, action, and cause of action, including, but not
limited to any lawsuit, shall be brought and presented exclusively in a court located in Miami-
Dade County, Florida.
ARTICLE XXVIII
WRITTEN AGREEMENT
This Agreement contains the entire agreement between the Parties hereto and all previous
negotiations leading thereto, and it may be modified only by resolution approved by the Board
unless otherwise provided herein.
(This page was intentionally left blank)
Page 15 of 16
Sunny Isles Lease Agreement
IN WITNESS WHEREOF, the LANDLORD and the TENANT have caused this
Agreement to be executed by their respective and duly authorized officers the day and year first
above written.
LANDLORD
(OFFICIAL SEAL)
ATTEST:
MIAMI-DADECOUNTY, FLORIDA
HARVEY RUVIN, CLERK BY ITS BOARD OF
COUNTY COMMISSIONERS
By: By: ��I .:' " ive
DEPUTY CLERK CARLO A. GIMENEZ
MAYOR
THE TENANT 60`1'L37:
(OFFICIAL SEAL) CITY • ' SUNY ISLES BEACH,
0 couNTY
r— a Flo..da muni .pal organization
By:
GEOR "BUD" SCHOLL
• YOR
WITNESS
I �
a aA E-t •
Approved as to foiiu and legal sufficiency:
Assistant i ty Attorney
Page 16 of 16
Sunny Isles Lease Agreement
SKETCH TO ACCOMPANY LEGAL DESCRIPTION •
FOR SUNNY ISLES PARK
•
EXHIBIT A -
N.
I) SUNNY ISLES BOULEVARD
S.R.826/4 EASTBOUND LANES S879740'w ______
A=06°06'18" — --
L=818.44'. R=7,639.44'
PUBLIC R,HT_OF-WAYVARIES
AS PER S.R.826, N
SCORN �ED�PITATOF
fD07RlGMOfWAY AQAPSECTION 87170-2517,SNFET2OF h ER
UE EAST BOUND BEiJA VISTA SUBDM�ON
SUNNY ISLO p11G1{O WAY MAP
R!v --�
foOT S.R-,n.;) 2 Of B.
SEC.87177,SHEET RIW
3 22058' rr
6=02°15'31"
S02°42'20"E L=55.56',R=1,409.50' 45.40' z
10.01' N81°53'43"E
t R/W 1 p=02°16.50" �+"' o
rr
O �R=1 50' — m
56. IVO z '
wo^ L 50'
`p.a.B,
z ceg5a •;_-6'74%. AREA F�RK I 1ii LLA cp
SECO �
a a 5 Ug S8j°32'g5'yy82.13' 611• j
a ^78°f6.00'4, .9 --
ago 0. o I a o
O S
UOo a
w
0.0. '.. Not - _ - -
o
u CAVA.L-OFBELLA'V!5 A.
_ tJQRTW GRAND _ • __
•
•
LEGEND:
P.O.C.=POINT OF COMMENCEMENT •
P.O.B.=POINT OF BEGINNING
P.B.=PLAT BOOK
PG.=PAGE
SEC.=SECTION GRAPHIC SCALE
N.T.S.=NOT TO SCALE 50 0 25 50
P.S. =PUMP STATION W a _J
(IN FEET)
1 inch=50 ft.
NOTICE:This document Is not valid, and complete without all pages.
LONGITUDE SURVEYORS
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 • PHONE:(305)463-0912 • FAX:(305)513-5680 ` WWW.LONGITUDESURVEYORS.COM
\ JOB No.15401.0.01 PAGE 1 OF 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
FOR SUNNY ISLES PARK
EXHIBIT A
LEGAL DESCRIPTION
A PORTION OF TRACT ALAMANDA PARK (PUBLIC PARKING),OF"SECOND REVISED PLAT OF BELLA VISTA
SUBDIVISION",ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 50,AT PAGE 76 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING at the intersection of the west line of Lot 26 of said Second Revised Plat of Bella Vista Subdivision
with the existing southerly Right of Way Line of Sunny Isles Boulevard; thence run S81°53'43"W along the said
Southerly Right of Way Line for a distance of 220.58 feet to the beginning of a tangent curve concave to the
northwest,having a radius of 1,409.50 feet;thence southwesterly 55.56 feet along said curve through a central
angle of 02°15'31"to a point;thence leaving said right-of-way line run S02°42'20"E for a distance of 10.01 feet to
the POINT OF BEGINNING;the said point coincide with the beginning of a non-tangent curve concave to the
northwest, having a radius of 1,419.50 feet;thence northeasterly 56.50 feet along said curve through a central
angle of 02°16'50"to a point of tangency; thence run N81°53'43"E for a distance of 45.40 feet;thence run
S08°07'32"E for a distance of 62.66 feet;thence run N08°07'32"E for a distance of 62,66 feet;thence run
N78°46'00"W for a distance of 26.11 feet;thence run S87°32'55"W for a distance of 82.13 feet;thence run
NO2°42'20"W for a distance of 47.26 feet to the POINT OF BEGINNING.
Said lands containing 5,442 square feet or 0.12 acres more or less,by calculations.
•
NOTICE:This document Is not valid,full and complete without all pages,
LONGITUDE SURVEYORS
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 " PHONE:(305)463-0912 " FAX:(305)513-5680 • WWW.LONGITUDESURVEYORS.COM
JOB No.15401.0.01 PAGE 2 OF 3
•
•
EXHIBIT A
J
SKETCN-TO ACCO-1MMPANY LEGAL DESCRIPTION
FOR SUNNY ISLES PARK
N / � Q
0 C T--- LICID =1:1E1 ,
_I
SUNNY ISLES BD O
U
r Assig!,
O SUBJECT _,_� O0 4 D Q
O 0
1 11
Q PROPERTY' -
SELLA VISTA BAYS-\ O .. -----r-- ---1 - i
. LOCATION MAP
SOURCES OF DATA: (NOT TO SCALE)
The Legal Description of the Subject Parcel was generated from the following record plot:
Plat of SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION"recorded in Plat Book 50,at Page 76 of the Public Records of Miami-Dade County.Florida.
In addition,the following documents were reviewed for the preparation of this Sketch and Legal Description:
a)Topographic Survey prepared by Longitude Surveyors,LLC.for CD 5.9 Proposed new sanitary sewer pump station for the Miami Dade Department(WASD).
located at 350 Sunny Isles Boulevard, Sunny Isles Beach,Florida 33160,with a date of August 27,2015.
b)F.D.O.T.Right Of Way Map Section 87170-2517,Sheet 2 Of 8
Bearing and coordinates(Northing and Easting)ore relative to the Florida State Plane Coordinate System,Florida East Zone 0901,North American Datum(NAD)1983
adjustment of 2011 (NAD83/2011)-Epoch 2010.0000;with a bearing of N87°l7'40"E being established for the Centerline of"Sunny Isles Boulevard",sold line to be
considered a well established and monumented line.
Global Positioning System(G.P.S.).measurements were conducted In the field to acquire said coordinate values which are based on the following Horizontal Control
Station:
Name:North Dade Name:District 6 Name:Miami Beach
Code:FIND Code:FLD6 Code:FLMB
Geographic Coordinates: Geographic Coordinates: Geographic Coordinates:
,Latitude:25°57'56.7677T N Latitude:25°46'49.67325"N Latitude:25°46'57,83764"N
Longitude: BO°10'02.22301"W Longitude:80°22'35.34835'W Longitude:80°8'14.16768"W
Stale Plane Coordinates: State Plane Coordinates: State Plane Coordinates.
Northing:594119.571 US Feet Northing:526,386.02 US Feet Northing:527,654.41 US Feet
Easting:929757.558 US Feet Easting:861,341.77 US Feet Easting:940,056.84 US Feet
Creation Date:09-10-2014 Creation Date:17-07-2014 Creation Date;17-07-2014
Receiver Type:Leica AR 20 Receiver Type;Leica GR 10 Receiver Type:Leica GR 10
Satelrte System:GPS and GLONASS Satellite System:GPS and GLONASS Satellite System:GPS and GLONASS
All referenced Stations are part of the Florida Permanent Reference Network(FPRN-www.myfloridagps.com)
LIMITATIONS:
No Information was provided os to the existence of any easements other that what appears on the underlying Plat of record.Please refer to the Limitations item with
respect to possible restrictions of record and utility services.
RESTRICTIONS:
Since no other information were furnished other than what is cited in the Sources of Data,the Client is hereby advised that there may be legal restrictions on the subject
property that are riot shown on this Sketch or contained within this report that may be found In the Public Records of Miaml-bode County.Florida or any other public
and private entities as their jurisdictions may appear.
The Minimum Vertical Clearance of this Easements Is twenty five(25)feet above grade.
SURVEYOR'S CERTIFICATE:
I hereby certify:That this"Sketch to Accompany Leaal Description"was prepared In accordance with current the new standards of practice set forth by the Florida State
Board of Professional Surveyors and Mappers pursuant to section 472.027,Florida statutes and to Chapter 5J-17.050 through 5J-17.052 of the Florida Administrative
Codes.
LONGITUDE SURVEYORS LLC„a Florida Limited Liability Company
Florida Certificate of Authorization Number LB7335
By. Date Signature:
Eduardo hi.Suarez,PSM
Registered Surveyor and Mapper LS6313
State of Florida
NOTICE
Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Moppet.Additions or deletions to Survey Mops by other than the signing party
are prohibited without the written consent of the signing party.
NOTICE:This document Is not valid,full and complete without all pages.
>,
LONGITUDE SURVEYORS
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE:(305)463-0912 * FAX:(305)513-5680 * WWW.LONGITUDESURVEYORS.COM
` JOB No.15401.0.01 PAGE 3 OF 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LANDSCAPE FOR SEWAGE PUMP STATION No. 301
EXHIBIT B
1
N
0 SUNNY ISLES BOULEVARD
S.R.826/4 EASTBOUND LANES S87°17'40'W
8=01°08'46" _
• —.
--
L=152.80'. d' PUBLIC RIGHT-OF-WAY VARIES
AS PER S.R.826• T66h N OF
FOOT RIGHT OF SHAY MAP SfCAON 87170-2517,SHEET 2 Of gW ONDC°R Nap PLAT 15 ON
co UN BELLA VISTA�BDI`7
w
U&IEY
µAPcsi F8 S8 1
p=02°15'31" jJ �W ..,.� SSg430.5� �r ��
E=51.56'• R=rt,409.50' X10'LANDS�� r 1�
SO2°4221 l�r� �� �r �� z
10.01' �1 ,r N81°53'43 E
214.61 O
R1W 6 50"
p=02°I r„ r+�' t;.
UC=Sf R`1.414 50 o m .7 z H
- Z'0 "o ALAM ANDA PEECIA VISTA SUOT BDiVIS10N p N
dgQ� no EVISC-0tIATOF�.76 0� o z 5
yvaw0 1 =0 SECOND R P.8.50 a�Z r p �,�
O 4ins z.
Eg Qyj,r, ZN N N <,
QQNm h z COJO"
8 Q n- N N78 46 00'yy
z Om S87°32'S5°W 82.13' ~"o
i 26 f f' I 1 as
�� ��' N08°07'32'W p
Q 5 ug..
10.39', , H
_AI
g^ - 0 o S2 4220"E' LANDSCAPE �' "�• �N�6..14'I;W 16�=' _ ¢ o
bmn. p g Ncv S87°l740'W tAfJDSCAPE O
Qo� .;0 25.00' ........ W
�i4 crl 0 m h �` _4r,.-73-24 7°E'1742°-1.94.1"."--23.76.
T°-)1143 105'27"E 582°1078'E 38.31 -,}. �.9� .—s`11 w
o C4 3p 82 7"E ql• E S86°0900"E N88°16'22"E S�3°5043 E
O N73�Bp 83°06'398 S8853'28"E EDGE OF WATER TAKEN ON 07-30-15
0 ±oF1
5A ON NORTH GRAND CANAL OF BELLA VISTA BAY
— --
__ —_` _
_ —�— —
— —
•
LEGEND: GRAPHIC SCALE
P.O.C.=POINT OF COMMENCEMENT 50 0 25 50
P.O.B.=POINT OF BEGINNING M
P.B.=PLAT BOOK (IN FEET)
PG.=PAGE 1 inch=50 ft.
SEC.=SECTION
N.T.S.=NOT TO SCALE
P.S. =PUMP STATION
O.R.B.=OFICIAL RECORDS BOOK
NOTICE:This document Is not valid,full and complete without all pages.
Lr#,:)NGITUDE SURVEYORS
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 " PHONE:(305)463-0912 " FAX;(305)513-5680 * WWW.LONGITUDESURVEYORS.CON
JOB No.15401.0.01 PAGE 1 OF 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
LANDSCAPE FOR SEWAGE PUMP STATION No. 301
EXHIBIT B
LEGAL DESCRIPTION
A PORTION OF TRACT ALAMANDA PARK(PUBLIC PARKING),OF"SECOND REVISED PLAT OF BELLA VISTA
SUBDIVISION",ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 50,AT PAGE 76 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at the intersection of the west line of Lot 26 of said Second Revised Plat of Bella Vista Subdivision with
the existing southerly Right of Way Line of Sunny Isles Boulevard; thence run S81°53'43"W along the said Southerly
Right of Way Line for a distance of 220.58 feet to the beginning of a tangent curve concave to the northwest,
having a radius of 1,409.50 feet;thence southwesterly 55.56 feet along said curve through a central angle of
02°15'31"to a point;thence leaving said right-of-way line run S02°42'20"E fora distance of 10.01 feet to the
beginning of a non-tangent curve concave to the northwest, having a radius of 1,419.50 feet;thence
northeasterly 56.50 feet along said curve through a central angle of 02°16'50"to a point of tangency;thence run
N81°53'43"E for a distance of 214.61 feet; thence run S02°42'20"E for a distance of 106.97 feet; thence run
N86°14'15"W for a distance of 162.59 feet; thence run N08°07'32"W fora distance of 10.39 feet; thence run
N78°46'00"W fora distance of 26.11 feet;thence run S87°32'55"W for a distance of 82.13 feet;thence run
S02°42'20"E for a distance of 8.81 feet;thence run S87°17'40"W for a distance of 25.00 feet;thence run S02°42'20"E
for a distance of 34.23 feet;thence run N73°08'07"E for a distance of 30.82 feet;thence run S83°06'39"E for a
distance of 20.29 feet;thence run N73°24'27"E for a distance of 41.53 feet;thence run S74°51'23"E for a distance
of 21.94 feet;thence run N81°54'27"E for a distance of 23.76 feet;thence run S88°53'28"E for a distance of 10.58
feet;thence run S82°10`18"E for a distance of 36.38 feet;thence run S86°09`00"E for a distance of 38.34 feet; •
thence run N88°16'22"E for a distance of 57.98 feet;thence run S73°50'43"E for a distance of 24.17 feet said point
lying on the westerly line of the aforementioned Lot 26;thence run NO2°42'20"W along the westerly line of said Lot
26 for a distance of 136.11 feet to the POINT OF BEGINNING.
Said lands containing 10,455 square feet or 0.24 acres more or less,by calculations,
NOTICE:Thls document is not valid,full and complete without all pages.
LONGITUDE SURVEYORS
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE:(305)463-0912 * FAX:(305)513-5680 * WWW,LONGITUDESURVEYORS.COM
JOB No.15401.0.01 PAGE 2 OF 3
EXHIBIT B
SKETC;rrro-AUGU MrANY LEGA1i DE5GRiPTION 1
LANDSCAPE AT SEWAGE PUMP STATION No. 301
oN = [3:11 uimliEll > LQ
to
z
II
SUNNY ISLES BO p
U
SUBJECT--
p/ 17fo00
Q O PROPERTY O
o
BELLA VISTA BAY � , -. �� 1
•
LOCATION MAP
SOURCES OF DATA: (NOT TO SCALE)
The Legal Description of the Subject Parcel was generated from the following record plat:
Plat of SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION"recorded in Plat Book 50,at Page 76 of the Public Records of Miami-Dade County,Florida.
in addition,the following documents were reviewed for the preparation of this Sketch and Legal Description:
a)Topographic Survey prepared by Longitude Surveyors,LLC.for CD 5.9 Proposed new sanitary sewer pump station for the Miami Dade Department(WASD),
located'at 350 Sunny Isles Boulevard, Sunny Isles Beach,Florida 33160,with a date of August 27,2015.
bJ F.D.O.T.Right Of Way Mop Section 87170-2517,Sheet 20f 8
Bearing and coordinates(Northing and Fasting)are relative to the Florida State Plane Coordinate System,Florida East Zone 0901,North American Datum(NAD)1983
adjustment of 2011(NAD83/2011)-Epoch 2010.0000;with a bearing of N87°17'40"E being established for the Centerline of"Sunny Isles Boulevard",said line to be
considered a well established and monumented line.
Global Positioning System(G.P.S.).measurements were conducted In the field to acquire sold coordinate values which are based on the following Horizontal Control
. Station:
Name:North Dade Name:District 6 Name;Miami Beach
Code:FIND Code:FLD6 Code:FLMB
Geographic Coordinates: Geographic Coordinates: Geographic Coordinates:
Latitude:25°57'56.76777 N Latitude:25°46'49.67325"N Latitude:25°46'57.83764'N
Longitude: 80°10'02.22301"W Longitude:80°22'35.34835'W Longitude:80°8'14.16768"W
State Plane Coordinates: State Plane Coordinates: State Plane Coordinates:
Northing:594119.571 US Feet Northing:526.386,02 US Feet Northing:527,654.41 US Feet
Easting:929757,558 US Feet Easting:861,341.77 US Feet Easing:940,056.84 US Feet
Creation Dote:09-10-2014 Creation Date:17-07-2014 Creohon Date:17-07-2014
Receiver Type:Leica AR 20 Receiver Type:lelca GR 10 Receiver Type:Leica GR 10
Satellite System:GPS and GLONASS Sotelite System:GPS and GLONASS Satellite System:GPS and GLONASS
Al referenced Stations are part of the Florida Permanent Reference Network(FPRN-www.myfloridogps.com)
UMITAI1ONS:
No Information was provided as to the existence of any easements other that what appears on the underlying Plat of record.Please refer to the Limitations item with
respect to possible restrictions of record and utility services.
RESTRICTIONS:
Since no other information were furnished other than what is cited in the Sources of Data,the Client is hereby advised that there may be legal restrictions on the subject
property that are not shown on this Sketch or contained within this report that may be found in the Pubic Records of Miami-Dade County,Florida or any other pubic
and private entities as their jurisdictions may appear.
The Minimum Vertical Clearance of this Easements is twenty five(25)feet above grade.
SURVEYOR'S CERTIFICATE:
I hereby certify:That this"Sketch to Accompany Legal Description"was prepared in accordance with current the new standards of practice set forth by the Florida State
Board of Professional Surveyors and Mappers pursuant to section 472.027,Florida statutes and to Chapter 5J-17.050 through 5J-17.052 of the Florida Administrative
Codes.
LONGITUDE SURVEYORS LLC.,a Florida Limited Liability Company
Florida Certificate of Authorization Number LB7335
By: Date Signature:
Eduardo M.Suarez,PSM
Registered Surveyor and Mapper LS6313
State of Florida
NOTICE:
Not vaid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper.Additions or deletions to Survey Maps by other than the signirip party
are prohibited without the written consent of the signing party.
NOTICE:This document Is riot valid,full and complete without all pages.
L NGITUDE SURVEYORS
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 " PHONE:(305)463-0912 * FAX:(305)513-5680 ' WWW.LONGITUDESURVEYORS.COM
JOB No.15401,0.01 PAGE 3 OF 3
1
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
WALKWAY FOR SEWAGE PUMP STATION No. 301
EXHIBIT C
N
0
SUNNY ISLES BOULEVARD
S.R.826/4 EASTBOUND LANES S87a17'4o'w
or06°08'IJ� -4.------ —.Vf —
L=8818.44'. R=7.639.44' PUNK'RIGHT-OF-WAY VARIES
AS PER S.R.826,
FOOT RIGHT Of WAY MAP SECTION 87170-2517,SHEET 2 Of 8 h
p,0.C.NEROFLOT2T,
li-.6 UNE EA
ST BOUND
NW°°R°'‘
RE____1014 .RI41 r—
EXISTING °BpULEV WAY MAP ��
SFOOT ISLS.R.826 RIG SN�5 2 OF B �r r r .
SE.87 170-2517, —
frRIW.
—
z
0
;n
_ _RIW x o >
U i—
m°oo o
0
.._ o 190 I • O I ALAMANDABELLA�OS ASUBOM N Q 5 o
Z aw?a z' 3
O o amh z� I SECOND RE/ISED P T50F 1' h Q omC�
t'i5 ¢p<=v A I <,,,,, N8b°)533"W cnt-Oo
o Z 'a o� 5.03' :60 ,5
a 5 5 uo 508°07'32"E �.- N86°)5'33"W )63,57' P.O.B. w a�
)0.39' '�� - - � -
m 10'WALKWAY a
te
��a o 5 —786
86°14'15"E 162 5~ ~_NO2 20` a z
Qo 0u
iia a EN. 07�p}5. _ FDGEOfWATERTAKENON07-3015)0
o L. •• �gelk K
_ 30
o EOF
wix
pG
O I.. ..
-
I
O
UNORTH GRAND CANAL OF BELLA•VISTA SAY
______u_...1., .._ ._..... . _., . •1.._:... . :
LEGEND:
P.O.C.=POINT OF COMMENCEMENT
P.O.B.=POINT OF BEGINNING
P.B.=PLAT BOOK
PG.=PAGE
SEC..=SECTION
GRAPHIC SCALE
N.T.S.=NOT TO SCALE 50 0 25 50
P.S. =PUMP STATION •
W M
(IN FEET)
i inch=50 ft.
NOTICE:This document is not valid,efull and complete without all pages,
LONGITUDE SURVEYORS
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 * PHONE:(305)463-0912 • FAX:(305)513-5680 * WWW,LONGITUDESURVEYORS.COM
P:\15801 Pump Station 0301,Sunny Iles,Fl\dng\51.etch/,ccompony Legal Description 5/23/2016 l,35:00 PM JOB No.15401 PAGE 1 OF 3
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
WALKWAY FOR SEWAGE PUMP STATION No. 301
EXHIBIT C
LEGAL DESCRIPTION --
A PORTION OF TRACT ALAMANDA PARK(PUBLIC PARKING),OF"SECOND REVISED PLAT OF BELLA VISTA
SUBDIVISION",ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 50,AT PAGE 76 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING at the intersection of the west line of Lot 26 of said Second Revised Plat of Bella Vista Subdivision
with the existing southerly Right of Way Line of Sunny Isles Boulevard; thence run S02°42'20"E along the west line
of lot 26 the said "SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION"for a distance of 107.75 feet;thence
leaving said west line run N86°15'33"W for a distance of 5.03 feet to the POINT OF BEGINNING; thence continue
N86°15'33"W for a distance of 163.57 feet; thence run S08°07'32"E for a distance of 10.39 feet;thence run
S86°14'15"E for a distance of 162.59 feet; thence run NO2°42'20"W for a distance of 10.30 feet to the POINT OF
BEGINNING.
Said lands containing 1664 square feet or 0.04 acres more or less,by calculations.
•
>NOTICE:This document is not valid,full and complete without all pages.
LONGTUDE SURVEYORS
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 PHONE:(305)463-0912 . FAX:(305)513-5680 * WWW.LONGITUDESURVEYORS,COM
JOB No.15401.0.01 PAGE 2 OF 3
EXHIBIT C \
"' J j
( SKETCH Iv ALc0M-FrANYZEGALDESCRIPTION
WALKWAY FOR SEWAGE PUMP STATION No, 301
N
n
V
z
71-1 -1
SUNNY ISLES BDII O
U
II
SUBJECT O O o o 0 a
A.
Q ' =:, PROPERTY
SELLA VISTA BAY`, c c1 _+
•
LOCATION MAP
SOURCES OF DATA: (NOT TO SCALE)
The Legal Description of the Subject Parcel was generated from the following record plot:
•
Plat of SECOND REVISED PLAT OF BELLA VISTA SUBDIVISION`recorded in Plot Book 50,at Page 76 of the Public Records of Miami-Dade County,Florida,
In addition,the following documents were reviewed for the preparation of this Sketch and Legal Description:
a)Topographic Survey prepared by Longitude Surveyors,LLC.for CD 5.9 Proposed new sanitary sewer pump station for the Miami Dade Department(WASD),
located at 350 Sunny Isles Boulevard, Sunny Isles Beach,Florida 33160,with a date of August 27,2015.
b)F.D.O.T.Right Of Way Map Section 87170-2517,Sheet 2 Of 8
Bearing and coordinates(Northing and Easting)ore relative to the Florida State Plane Coordinate System,Florida East Zone 0901.North American Datum(NAD)1983
adjustment of 2011 (NAD83/2011)-Epoch 2010.0000;with a bearing of N87°I7'40'E being established far the Centerline of"Sunny Isles Boulevard",sold line to be
considered a well established and monumented line.
Global Positioning System(G.P.S.).measurements were conducted in the field to acquire said coordinate values which are based on the following Horizontal Control
Station:
Name:North Dade Name:District 6 Name:Miami Beach
Code:FLND Code:FLD6 Code;FLMB
Geographic Coordinates: Geographic Coordinates: Geographic Coordinates:
Latitude:25°57'56.76772"N Latitude:25°46'49.67325'N Latitude:25°46'57.83764"N
Longitude: 80°10'02.22301"W Longitude:80°2235.34835'W Longitude:80'8'14.16768"W
State Plane Coordinates: State Plane Coordinates: State Plane Coordinates:
Northing:5941 19.571 US Feet Northing:526.386.02 US Feet Northing:527,654.41 US Feet
Easting:929757.558 US Feet Easting:861,341.77 US Feet Easting:940,056.84 US Feet
Creation Date:09-10-2014 Creation Date:17-07-2014 Creation Date:17-07-2014
Receiver Type:Leics AR 20 Receiver Type:Leica GR 10 Receiver Type:Leica GR 10
Satellite System:GPS and GLONASS Satellite System:GPS and GLONASS Satellite System:GPS and GLONASS
All referenced Stations are part of the Florida Permanent Reference Network(FPRN-www.myfloridagps.com)
UMITAT1ONS:
No information was provided as to the existence of any easements other that what appears on the underlying Plat of record.Please refer to the limitations item with
respect to possible restrictions of record and utility services.
RESTRICTIONS:
Since no other information were furnished other than what is cited in the Sources of Data,the Client is hereby advised that there moy be legal restrictions on the subject
property that are not shown on this Sketch or contained within this report that may be found in the Public Records of Miami-Dade County,Florida or any other public
and private entities as their jurisdictions may appear.
The Minimum Vertical Clearance of this Easements is twenty five(25)feet above grade.
SURVEYOR'S CERTIFICATE:
1 hereby certify.That this"Sketch to Accompany Legal Description"was prepared In accordance with current the new standards of practice set forth by the Florida State
Board of Professional Surveyors and Mappers pursuant to section 472.027,Florida statutes and to Chapter 5J-17.050 through 5.1-17.052 of the Florida Administrative
Codes.
LONGITUDE SURVEYORS LLC.a Florida Limited Liobility Company
Florida Certificate of Authorization Number LB7335
By. Date Signature:
Eduardo M.Suarez,PSM
Registered Surveyor and Mapper 156313
State of Florida
NOTICE:
Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper.Additions or deletions to Survey Maps by other than the sign(nglpany
are prohibited without the written consent of the signing party. ,.--
NOTICE:This document is not valid,full and complete without all pages. /
LONGITUDE SURVEYORS
7715 NW 48TH STREET, SUITE 310, DORAL, FLORIDA 33166 " PHONE:(305)463-0912 * FAX:(305)513-5680 " WWW.LONGITUDESURVEYORS.COM
JOB No.15401.0.01 PAGE 3 OF 3 1