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Executed Lease Agreement 27 7 r � Flo rlda Department of Transpor CHARLIE CRIST 1000 NW 1 1 1 Avenue STEPHANIE C. KOPELOUSOS GOVERNOR SECRETARY Miami, Florida 33172 -5800 November 23, 2010 Mr. Fernando Vazquez, P.E. City Engineer 7 Public Works Department 1700 Convention Center Drive �� P Miami Beach, FL 33139 .r '- SUBJECT:. Executed Lease Agreement Applicant : City of Miami Beach `' 3 �.� > FM No. 4152301,; c Sect. /Job No. : 87060 �- SR No. : Al (5 Street) County. Miami -Dade Parcel No. : 4506 .Dear Mr. Vazquez: Enclosed please find for your records a fully executed copy of the Lease Agreement and Addendum between The City of Miami Beach and the Florida Department of Transportation: • Please send proof of self - insured minimum coverage for liability as in accordance to Paragraph 7 of the Lease Agreement. If you should have any questions, please -do not hesitate to contact me at (305) 470- 5475. Thank you once again for your interest in leasing FDOT property. Since ely, M Hans Maichel Property Management Agent Enc. Cc: Richard Saltrick, (via e-mail) Vince Reuben, file www.dot.state.fl.us 1 r STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575 - 060 -33 LEASE AGREEMENT RIGHT OF WAY OGC - 08/09 ITEM /SEGMENT NO.: 415230 MANAGING DISTRICT: Six F.A.P. NO.: N/A STATE ROAD NO.: Al (5th Street) COUNTY. Miami -Dade PARCEL NO.: 4 506 C� THIS AGREEMENT, made this �t,,3 day of �Vje"4W �-�k O by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, (hereinafter called the Lessor), and t he C ITY O F MI BEACH c/o Public Wo Depart 1700 Convention Center, Drive, Miami Beach, Florida 33129 (hereinafter called the Lessee.) WITNESSETH: In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Property and Term. Lessor does hereby lease unto Lessee the property described in Exhibit "A ", attached and made a part hereof, for a term of Five (5) Years beginning 11/1/2010 and ending 10/31/2015 . This Lease may be renewed for an additional Five (5) Years term at Lessee's option, subject to the rent adjustment as provided in Paragraph 3 below. Lessee shall provide Lessor 120 days advanced written notice of its exercise of the renewal option. If Lessee holds over and remains in possession of the property after the expiration of the term specified in this Lease; or any renewals of such term, Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and conditions as herein contained in this Lease. This Lease is subject to all utilities in place and to the maintenance thereof as well as any other covenants, easements, or restrictions of record. This Lease shall be construed as a lease of only the interest, if any, of Lessor, and no warranty of title shall be deemed to be given herewith. 2. Use. The leased property shall be used solely for the purpose of use o f s i d ewal k f s i de w a lk cafe dining If the property is used for any other purpose, Lessor shall have the option of immediately terminating this Lease. Lessee shall not permit any use of the property in any manner that would obstruct or interfere with any transportation facilities. Lessee will further use and occupy the leased property in a careful and proper manner, and not commit any waste thereon. Lessee will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the property. Lessee will not use or occupy said property for any unlawful purpose and will, at Lessee's sole cost and expense, conform to and obey any present or future ordinances and /or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the leased property. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may. be defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited. The use of petroleum products, pollutants, and other hazardous materials on the leased property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the Lessor, within the leased property. If any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the leased property, the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold harmless the Lessor from any claim, loss, damage, costs, charge, or expense arising out of any such contamination. 3. Rent Lessee shall ' pay to Lessor as rent, on or before the first day of each rent payment period, the sum of See Addendum attached plus applicable tax, for each N/A of the term. If this Lease is terminated prior to the end of any rent payment period, the unearned portion of any rent payment, less any other amounts that may be owed to Lessor, shall be refunded to Lessee. Lessee shall pay any and all state, county, city, and local taxes that may, be due during the term hereof, including any real property taxes. Rent payments shall be made payable to the Florida Department of Transportation and shall be sent to Right of Way Administration, 1000 NW 111th Ave, Rm 6105 -B, Miami, Florida 33172 Attn: Property Managemen Lessor reserves the right to review and adjust the rental fee biennually and at renewal to reflect market conditions. Any installment of rent not received within ten (10) days after the date due I i 575- 060 -33 RIGHT OF WAY OGC - 08/09 shall bear interest at the highest rate allowed by law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate Lessor to accept late rent payments or provide Lessee a grace period. 4. Improvements No structures or improvements of any kind shall be placed upon the property without the prior written approval of the District Secretary for District Six of Lessor. Any such structures or improvements shall be constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlord lien, any structures or improvements constructed by Lessee shall be removed by Lessee, at Lessee's sole cost and expense, by midnight on the day of termination of this Lease and the leased property restored as nearly as practical to its condition at the time this Lease is executed. Portable or temporary advertising signs are prohibited. Lessee shall perform; at the sole expense of Lessee, all work required in the preparation of the leased property for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property as now being in fit and tenantable condition for all purposes of Lessee. Lessor reserves the right to inspect the property and to require whatever adjustment to structures or improvements as Lessor, in its sole discretion, deems necessary. Any adjustments shall be done at Lessee's sole cost and expense. 5. Maintenance. Lessee shall keep and maintain the leased property and any building or other structure, now or hereafter erected thereon, in good and safe condition and repair at Lessee's own expense during the existence of this Lease, and shall keep the same free .and clear of any and all grass, weeds, brush, and debris of any kind, so as to prevent the same from becoming dangerous, inflammable, or objectionable. Lessor shall have no duty to inspect or maintain any of the leased property or buildings, and other structures thereon, during the term of this Lease; however, Lessor shall have the right, upon twenty -four (24) hours notice to Lessee, to enter the leased property for purposes of inspection, including conducting an environmental assessment. Such assessment may include: surveying; sampling of building materials, soil, and groundwater; monitoring well installations; soil excavation;, groundwater remediation; emergency asbestos abatement; operation and maintenance inspections; and, any other actions which. may be reasonable and necessary. Lessor's right of entry shall not obligate inspection of the property by Lessor, nor shall it relieve the Lessee of its duty to maintain the leased property. In the event of emergency due to a release or suspected release of hazardous waste on the property, Lessor shall have the right of immediate inspection, and the right, but not the obligation, to engage in remedial action, without notice, the sole cost and expense of which shall be the responsibility of the Lessee. 6. Indemnification. To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Lessor and all of its officers, agents; and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by Lessee, its agents, or employees, during the performance of the Lease, except that neither Lessee, its officers, agents, or employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Lessor or any of its officers, agents, or employees during the performance of the Lease. When the Lessor receives a notice of claim for damages that may have been caused by the Lessee, the Lessor will immediately forward the claim to the Lessee. Lessee and the Lessor will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Lessor will determine whether to require the participation of Lessee in the defense of the claim or to require that Lessee defend the Lessor in such claim as described in this section. The Lessor's failure to promptly notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Lessee. The Lessor and Lessee will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. 7. Insurance Lessee at its expense, shall maintain at all times during the term of this Lease, public liability insurance protecting Lessor and Lessee against any and all claims for injury and damage to persons and property, and for the loss of life or property occurring in, on, or about the property arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, its employees, agents contractors, customers, licensees, and invitees. Such insurance shall be carried in a.minimum amount of not less than one million dollars ($ 1,000,000.00 ) for bodily injury or death to any one person or any number of persons in any one occurrence and not less than one million dollars ($ 1,000,000.00 ) for property damage, or a combined coverage of not less than two million dollars ($ 2,000,000.00 ). All such policies shall be issued by companies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified unless Lessor is given at least sixty (60) days prior written notice of such cancellation or modification. Lessee shall provide Lessor certificates showing such insurance to be in place and showing Lessor as additional insured under the policies. If self- insured or under a risk management program, Lessee represents that such minimum coverage for liability will be provided for the leased property. 575 -060 -33 RIGHT OF WAY OGC - 08/09 Lessor may require the amount of any public liability insurance to be maintained by Lessee be increased so that the amount thereof adequately protects Lessor's interest. Lessee further agrees that it shall during the full term of this Lease and at its own expense keep the leased property and any improvements thereon fully insured against loss or damage by fire and other casualty. Lessee also agrees that it shall during the full term of this Lease and at its own expense keep the contents and personal property located on the leased property fully insured against loss or damage by fire or other casualty and does hereby release and waive on behalf of itself and its insurer, by subrogation or otherwise, all claims against Lessor arising out of any fire or other casualty whether or not such fire or other casualty shall have resulted in whole or in part from the negligence of the Lessor. 8. Eminent Domain Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of landlord and tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Lease. Termination of this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Lease, including any residual interest in the Lease, or any other facts or circumstances arising out of or in connection with this Lease. Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including special damages, severance damages, removal costs, or loss of business profits, resulting from Lessee's loss of occupancy of the leased property, or any such rights, claims, or damages flowing from adjacent properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the leased property. Lessee also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort as set out above, as a result of Lessee's loss of occupancy of the leased property, when any or all adjacent properties owned or leased by Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this Lease is still in existence on the date of taking or sale; or has been terminated prior thereto. 9. Miscellaneous. a. This Lease may be terminated by Lessor immediately, without prior notice, upon default by Lessee hereunder, and may be terminated by either party, without cause upon Thirty (. ) days prior written notice to the other party. b. In addition to, or in lieu of, the terms and conditions contained herein, the provisions of any Addendum of even date herewith which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any conflict between the terms and conditions hereof and the provisions of the Addendum(s), the provisions of the Addendum(s) shall control, unless the provisions thereof are prohibited by law. c. Lessee acknowledges that it has reviewed this Lease, is familiar with its terms, and has had adequate opportunity to review this Lease with legal counsel of Lessee's choosing. Lessee has entered into this Lease freely and voluntarily.. This Lease contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and agreements, oral or written, heretofore made between the parties and /or between Lessee and the previous owner of the leased property and landlord of Lessee are merged in this Lease, which alone, fully and completely expresses the agreement between Lessee and Lessor with respect to the subject matter hereof. No modification, waiver, or amendment of this Lease or any of its conditions or provisions shall be binding upon Lessor or Lessee unless in writing and signed by both parties. d. Lessee shall not sublet the property or any part thereof, nor assign this Lease, without the prior consent in writing of the Lessor; this Lease is being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of rental from a third party shall not be considered as an assignment or sublease, nor shall it be deemed as constituting consent of Lessor to such an assignment or sublease. e. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas, water, telephone, and telegraph services, or any other utility or service used on the property. f. This Lease shall be governed by the laws of the State of Florida, and any applicable laws of the United States of America. g. All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shall be sent to: Public Works Department, 1700 Convetion Center Drive, Miami Beach, Florida 33129 575 -060 -33 RIGHT OF WAY OGC - 08/09 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION C ITY OF MIAMI BEACH B • Lessee (Company Name, if applicable) Dis Ic Sec tary B Gus Pego, P. E. Print Name Jorge Gonzalez , Attest Print Name dbC Title: , ; City Manager Name/TitMargaret Higgins, Exc Sec etary Attest: C (SEAL) LEGAL REVIEW. Robert Parche . ' .Print Name District Counsel Title: C C lerk Alicia Trujillo, Esq. Print Name APPROVED AS TO FORM & LANGUAGE & Fr)R EXECUTION 11 t l� _ �- 4ne Date 575 -060 -33 RIGHT OF WAY OGC - 08/09 ADDENDUM This is an Addendum to that certain Lease Agreement between DO NOT S I G N - SEE A D D END U M ATTA and the State of Florida Department of Transportation dated the day of In addition to -the provisions contained in said Agreement, the following terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (b) of said Agreement DO NOT SIGN - SEE ADDENDUM ATTACHED STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CITY OF MIAMI BEACH By. Lessee (Company Name, if applicable) District Secretary By: Print Name Print Name Attest: Title. Name /Title. Margaret Higgins, Exec Secretary Attest (SEAL) LEGAL REVIEW: Print Name District Counsel Title: Print Name STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ADDENDUM TO LEASE AGREEMENT Item /Seg No.: 4152301 Sec /Job No. 87060 SR. No.: Al A (5` Street) County: Miami -Dade Parcels No.: 4506 This Addendum made this 23 day of � OOQ" 4 -4r 2010, is an Addendum to the Lease Agreement dated WQ)QC Ve Z3 201 between the City of Miami Beach, c/o Public Works Department (Lessee), and the Florida Department of Transportation (Lessor). In addition to the provisions contained in said Lease Agreement, the following terms, conditions and /or amendments shall be deemed to be a part thereof pursuant to Paragraph 9(b) of said Lease Agreement: 1. Where the provisions of this Addendum conflict with the provisions of the Lease Agreement, this Addendum shall control. - Except as otherwise agreed herein all other terms of the Lease Agreement shall remain in full force and effect. 2'. Sidewalk Cafe Permit approval process: The Lessor does hereby agree that Lessee shall be permitted to issue permits portions of the leased property to such third parties for purposes of the operation of a sidewalk cafe, but only to users who apply for, and are granted, a sidewalk cafe permit ( "Permittees ") issued by the Lessee, in accordance and compliance with the Lessee's. Ordinance No-. 2008 -3601 guidelines and procedures for sidewalk cafes, FDOT's applicable regulations (as same may be amended from time to time), and any and all administrative regulations. Upon the issuance of a sidewalk permit by Lessee to a Permittee, the Lessee shall submit a Sidewalk Cafe Supplement, in the form attached hereto as Exhibit "A-1", for - approval by Lessor. Upon approval by Lessor, any such Supplement shall be incorporated to, and constitute an addendum to the Lease Agreement ("Supplement Addendum "). In addition, the Lessee shall: a) Submit evidence of any sidewalk cafe permit site plan modification to Lessor within fifteen (15) days from the date that such modification is granted to a Permittee; b) Submit a Supplement Addendum to Lessor for each sidewalk cafe permit renewal by no later than October 15 of each calendar year. Page 1 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ADDENDUM TO LEASE AGREEMENT Item /Seg No.. 4152301 Sec /Job No. 87060 SR No.: A1A (5 Street) County: Miami -Dade Parcels No.: 4506 3. Rent: Paragraph 3 of the Lease Agreement is modified as follows: Rent calculation. The Lessee and Lessor have agreed to a -rent of 20% of the sidewalk cafe permit fee (or permit renewal fee, as the case may be) charged by the Lessee to sidewalk cafe Permittees. The rent payable for the leased property is to be calculated on a per square footage basis, in accordance with the sidewalk cafe permit area described in each Supplement Addendum and sidewalk cafe permit granted by the Lessee. Rent shall be paid annually as follows: a) Permits issued subsequent to October 1 St of each calendar year shall be due and payable within thirty (30) days from the date the sidewalk cafe permit is issued by the Lessee to the Permittee and shall be pro -rated accordingly; b) Renewal permits shall be due and payable on or before November-1 of each calendar year. The annual rental for each permit issued shall be based on the Lessee's permit year, to wit: October 1 St to September 30t of each calendar year, and any rental pro- rations shall be based on this time period. For purposes of any Supplement Addendum, the commencement date shall be deemed to be the date of the issuance of the sidewalk cafe permit by the Lessee. Late fees or charges of any kind may be classified as additional rent if not paid when demanded, and may be included in any statutory notices served on the Lessee for non - payment of rent. Lessor reserves the right to review and adjust the rent rate every two (2) years, and at renewal, to reflect market conditions. 4. Maintenance: Page 2 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ADDENDUM TO LEASE AGREEMENT Item /Seg No.: 4152301 Sec /Job No. 87060 SR No.. Al (5 Street) County: Miami -Dade Parcels No.. 4506 Paragraph 5 of the Lease Agreement is modified as follows: Notwithstanding anything contained in Paragraph 5 of the Lease Agreement, Lessor will be responsible for any structural repairs to the leased property not resulting from damage caused by Lessee, Permittee, or their respective employees, agents, guests or invitees. Lessee shall be responsible for maintenance of the leased property, including but not limited to, proper cleaning, upkeep and housekeeping of the leased property at its expense and. for restoration repairs resulting from affixing items to the sidewalk surface. 5. Indemnification. Paragraph 6 of the Lease Agreement is modified as follows: Notwithstanding anything contained in Paragraph 6 of the Lease Agreement, Lessee shall indemnify Lessor, to the extent provided by law and subject to the limitations as provided in Section 768.28, F.S. 6. Insurance: In addition to the provisions of paragraph 7 of the Lease Agreement: Lessee does hereby agree that any sidewalk cafe permit issued to a Permittee shall include a provision requiring the Permittee, at its expense, to maintain, at all times during the Permit term, public liability insurance protecting Lessor and Lessee against any and all claims for injury and damage to persons and property, and for the loss of life or property occurring in, on, or about the permit area arising out of the act, negligence, omission, nonfeasance, or malfeasance of Permittee, its employees, agents, contractors, customers, licensees, and invitees. Such insurance shall be carried in a minimum than One million dollars ($1 for bodily injury or death to any one person or any number of persons in any one occurrence and not less than One million dollars ($1,000,000.00) for property damage, or a combined coverage of not less than two million dollars ($2,000,000.00) All such policies shall be issued by companies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified unless Lessor is given at least sixty (60) days Page 3 of 5 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ADDENDUM TO LEASE AGREEMENT Item /Seg No.: 4152301 Sec /Job No. 87060 SR No.. Al (5 Street) County Miami -Dade Parcels No.: 4506 prior written notice of such cancellation or modification. Lessee shall provide Lessor certificates showing such insurance to be in place and showing Lessor as additional insured under the policies. 7. Paragraph 9 of the Lease Agreement is modified to include the following provision: h. Lessee agrees to regularly inspect the premises to ensure compliance with the provisions of the sidewalk permits and Lessee's Ordinance No. 2008 -3601; Lessee's administrative guidelines and procedures for sidewalk cafes;- FDOT's applicable regulations. Page 4 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ADDENDUM TO LEASE AGREEMENT Item /Seg No.: 4152301 Sec /Job No. 87060 SR No. A1A (5 Street) County: Miami -Dade Parcels No.: 4506 IN WITNESS WHEREOF, the parties have executed this Addendum to the Lease Agreement as of this day of 20.10. On behalf of Lessee On behalf of Lessor CITY OF MIAMI BEACH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: J r e on le Gu eg P. E. ger District Secretary Witness: >12GG r�S' Atte '5 72M Margaret Higgins Name/Title Executive Secretary � e Witness: MAM0 NPIAJWQ� kgDC - Name/Title Attest:. _- LEGAL REVIEW: Robert Parcher f City Clerk �-- Alicia Trujillo, Esq. District Chief Counsel APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ity Attorne Date Page 5 of 5 EXHIBIT ."A„ SURVEYOR'S NOTES Bearings shown refer to FDOT BASE LINE RIGHT OF WAY MAP SECTION 87060 -2510 SY ,O N w B ST z 6 ST V) X U a z w U w U 5 WST. 5 ST LOCATION mba 3 ST 3 . = T 3..ST ST 2_ LOCATION SKETCH I HEREBY CERTIFY: That this AS BUILT, survey is true and correct to the best of my knowl�d�e'g�nd ��ellefend meats _ the Minimum Technical Standards for Land Surveying in the State Flonda asfsat Sorth In.ChapteT72,$29'(F S.) and N. T,S. Chapter 61017-6 of the Florida Administrative Code. 3 �y Not valid without the signature and raised seal of a Florida Licensed SutJ yor end t appen r1, w 3 a CERTIFIED THIS _21 DAY OF ,tune 201G' MAYOR: MATTI HERRERA BOWER 'S� UR E'yOkS OE�JDSE A.,VAROAS _' C„J VICE MAYOR: JERRY LIBBIN Anrgrs CITY OF'MIAMI I3�AC{RTt yip PUEILIC 'nQRr�S,DEFA MEIJT r A et . `� 1 1AMI9 ACH FLOR�pfy�3139 � ts:^;x., ' +- COMMISSIONERS: JORGE EXPOSITO _' TELEPF� (3068 02, ' MICHAEL GONGORA `� y EDWARD L. TOBIN DEEDE WEITHORN� �', '•" ITV st�F� rbR ��� 0 `1 6 r- .,.+�f }..�. , JONAH WOLFSON sfATE FIL "IElA ++45" CITY MANAGER: JORGE M. GONZALEZ STATE of FLORIDA MIAMI -DADE COUNTY ' CITY ATTORNEY: JOSE SMITH " The execution of the foregoing instrument was acknowledged before me this 22 day of June,2010 DIRECTOR OF PUBLIC WORKS: FRED H. BECKMANN, P.E. who is personally known to me. CITY ENGINEER: FERNANDO VAZQUEZ, P.E. NOTARY PUBLIC State of Florida at Large Print name: AIDA JARAMILLO My Commission Expires: Florida Department of Transportation District Six Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706 -002 ENGINEERING DrVISION F.A.P. No.: N/A 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FL.33139 PHONE: (305) 673-7080 State.: A1A County: Miami -Dade TITLE: NORTH AND SOUTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM ALTON ROAD TO COLLINS AVENUE Sheet 1 of 16 EXHIBIT "A`' INDEX OF DRAWINGS AND LEGEND INDEX OF DRAWINGS: O DENOTES 3 PLANTER PAGE N° DRAWING DESCRIPTION 1 of 16 SURVEYOR'S NOTES - SURVEYOR'S CERTIFICATION DENOTES PALM TREE AND LOCATION SKETCH 2 of 16 INDEX OF DRAWINGS AND LEGEND 3 of 16 LEGAL DESCRIPTION AND SKETCH OF NORTH R/W DENOTES CONCRETE POLE FROM ALTON ROAD TO LENOX AVENUE ® DENOTES TRANSIT SIGNAL BOX 4 of 16 LEGAL DESCRIPTION AND SKETCH OF SOUTH R/W FROM ALTON ROAD TO LENOX AVENUE � DENOTES PULL BOX 5 of 16 LEGAL DESCRIPTION AND SKETCH OF NORTH R/W FROM LENOX AVENUE TO MICHIGAN AVENUE Qp DENOTES STORM DR4W4GE MANHOLE 6 of 16 LEGAL DESCRIPTION AND SKETCH OF SOUTH R/W FROM LENOX AVENUE TO MICHIGAN AVENUE DENOTES CLEAN OUT 7 of 16 LEGAL DESCRIPTION AND SKETCH OF NORTH RAN FROM MICHIGAN AVENUE TO JEFFERSON AVENUE ® DENOTES SEWER VALVE 8 of 16 LEGAL DESCRIPTION AND SKETCH OF SOUTH R/W QS DENOTES SANITARY SEWER McWHOLE FROM MICHIGAN AVENUE TO JEFFERSON AVENUE 9 of 16 LEGAL DESCRIPTION AND SKETCH OF NORTH R/W ® DENOTES TELEPHONE MANHOLE FROM JEFFERSON AVENUE TO MERIDIAN AVENUE 10 of 16 LEGAL DESCRIPTION AND SKETCH OF SOUTH RIW WM DENOTES WATER METER FROM JEFFERSON AVENUE TO MERIDIAN AVENUE 11 of 16 LEGAL DESCRIPTION AND SKETCH OF NORTH R/W ® DENOTES STREET LIGHT BOX FROM MERIDIAN AVENUETO EUCLID AVENUE 12 of 16 LEGAL DESCRIPTION AND SKETCH OF SOUTH R/W MB DENOTES TRANSIT SIGNAL BOX FROM MERIDIAN AVENUE TO EUCLID AVENUE 13 of 16 LEGAL DESCRIPTION AND SKETCH OF NORTH R/W DENOTES RRRE HYDRANT FROM EUCLID AVENUE TO WASHINGTON AVENUE 14 of 16 LEGAL DESCRIPTION AND SKETCH OF SOUTH R/W D.H. DRILL HOLE FROM EUCLID AVENUE TO WASHINGTON AVENUE FD FOUND 15 of 16 LEGAL DESCRIPTION AND SKETCH OF NORTH R/W FROM WASHINGTON AVENUE TO COLLINS AVENUE 16 of 16 LEGAL DESCRIPTION AND SKETCH OF SOUTH R/W FROM WASHINGTON AVENUE TO COLLINS AVENUE Florida Department of Transportation District Six lei Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706 -002 " ENGINEERING DIVISION F.A.P. No.: N/A ' 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE: (305) 073 -7080 State.: Al A - County: Miami -Dade TITLE:, NORTH AND SOUTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM ALTON ROAD TO COLLINS AVENUE Sheet 2 of 16 EXHIBIT "A" ALTON ROAD SKETCH OF LEGAL DESCRIPTION c� x Z � n z u p;vo 0 60 120 11 �>00 N Q�1 N � N + A � t SCALE FEET o LEGAL DESCRIPTION 2 Commence at the point intersection of the west right -of -way line of Lenox c y Avenue and the north right -of -way line of State Road A-1 -A (5th Street) as cb shown in Florida Department of Transportation Right -of -Way Map, Section •� 87060 -2581. Said point being the POINT OF BEGINNING (1) of the tract of land herein described; thence North 88° 00' 53" East, along said north n right -of -way line of State Road A-1 -A (5th Street) for a distance of 10.20 feet to m x D a point on a curve; thence along the arc of a curve concave to the northwest, N r N C;,z o0 having a central angle of 49' 24' 31", a radius of 25.99 feet and whose chord n L' W" bears South 24' 02'43" West for a distance of 22.42 feet to a point on a curve; D o y r o w ' thence along the arc of a curve concave to the northwest, having a central o ; z b o angle of 39° 14'40", a radius of 28.39 feet and whose chord bears South 62° m " o L'= e 49` 01" West for a distance of 19.45 feet; thence South 86° 30'45" West, for a ;U distance of 10.29 feet; thence South 86° 44' 21" West, for a distance of 49.78 O feet to a point on a curve; thence along the arc of a curve concave to the .-. southeast, having a central angle of 20° 21' 35 ", a radius of 51.68 feet and whose chord bears South 77° 20'49" West for a distance of 18.36 feet; thence ` ° ° ° ° " "...................... .................. O a ` South 69' 16' 14" West for distance of 6.23 feet to a point on a curve; thence I m x along the arc of a curve concave to the northwest, having a central angle of 14° y I D LENOX COURT 44'53", a radius of 27.20 feet and whose chord bears South 71' 04' 15" West \ I r A m A 8 ......•.. ......... ............ ....... for a distance of 7.00 feet to a point on a curve; thence along the arc of a curve D z r o ' > �o w concave to the northwest, having a central angle of 13° 51'28", a radius of v �-. � P m A A N ID �• °• 98.48 feet and whose chord bears South 87° 34'49" West for a distance of U1 ' p A N �n °p g 23.82 feet to a point on a curve; thence along the arc of a curve concave to the (f) -It m N A p A northeast, having a central angle of 8° 43' 10 ', a radius of 703.43 feet and �� �, M v y �3 whose chord bears North 82° 43' 51" West for a distance of 107.05 feet; m$ f � o w ILA IL `m m thence North 77' 18'45" West for a distance of 30.79 feet to a point on a M O curve; thence along the arc of a curve concave to the northeast, having a ° �m central angle of 20° 26' 04 ", a radius of 102.25 feet and whose chord bears � North 73° 18' 12" West for a distance of 36.47 feet to a point. Said point located on the north right -of -way line of State Road A-1 -A (5th Street); thence North 88° 00' 53" East, along said north right -of -way line of State Road A-1 -A O1 Ln (5th Street) for a distance of 300.64 feet to the POINT OF BEGINNING (1). rn n z D LA Said portion of land containing 7918 square feet more or less. o, e v x n e . DD A _ G Of 01 i Ot O O OD l�f O {�O A m I A OR ' Z L"NEn z O OD O O _p c Q N t p r1 it tun) CO) e j rtA0;0> e N x n a A' ppA " LENOX AVENUE "0 W t0 N10 . ' ��pu Apps m� N N A O tp Z 'le Z G1 p Florida Department of Transportation l e i District Six Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job N o.: 8706 ENGINEERING DIVISION F.A.P. No.: N/A 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE: (306) 673 -7080 State.: Al A County: Miami -Dade TITLE: NORTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM ALTON ROAD TO LENOX AVENUE Sheet 3 of 16 EXHIBIT " A " O D SKETCH OF LEGAL DESCRIPTION 5 P` , n � rtwW'p 0 ZO� = p .t` p tO m A � i " ISOA rN ° V� a 19111111111111% 52 ==I,. P�' � o 10 r O o0 40 r" U � O Cn 0; O O m O N ± 0 60 120 SCALE FEET r- ;;m a u v �t0 z�j N rni no N LEGAL DESCRIPTION N Commence at the point intersection of the west right -of way line of Lenox A r > o Avenue and the north right -of -way line of State Road A-1 -A (5th Commence at D °: M ° the point intersection of the west right -of -way line of Lenox Avenue and the m OD south right -of -way line of State Road A-1 -A (5th Street) as shown in Florida D O Department of Transportation Right -of -Way Map, Section 87060 -2581. Said 8 & A D point being the POINT OF BEGINNING (2) of the tract of land herein -4 rs ^ p described; thence South 88° 00' 53" West, along said south right -of -way line of A► O 0) State Road A-1 -A (5th Street) for a distance of 289.99 feet to a point on a O D curve; thence along the arc of a curve concave to the southeast, having a p j central angle of 29° 48' 04 ", a radius of 38.40 feet and whose chord bears N a ? D North 15° 39' 08" East for a distance of 19.98 feet to a point on a curve; thence to ° O rn y along the arc of a curve concave to the southeast, having a central angle of to - m v 41 ° 05' 14 ', a radius of 69.03 feet and whose chord bears North 65° 29' 28" u m East for a distance of 49.50 feet to a point on a curve; thence along the arc of a curve concave to the southeast, having a central angle of 9 37'22", a radius c_ ? N V) of 116.20 feet and whose chord bears North 89° 16' 59" East for a distance of -40 _ X ^' 19.51 feet to a point; thence South 82° 24'48" East for a distance of 22.46 g rn m ° feet; thence South 84° 02' 11" East for a distance of 54.26 feet; thence South "'� 171 O ° 85° 31' 00" East for a distance of 41.51 feet; thence South 71' 22'20" East for a distance of 4.77 feet; thence South 81'24' 38" East for distance of 28.39 feet; thence North 88 °22' 54" East for a distance of 61.87 feet to a point on a curve; thence along the arc of a curve concave to the southwest, having a central angle of 71 ° 49' 52 ", a radius of 21.93 feet and whose chord bears South 67° 13' 05" East for a distance of 27.50 feet; thence South 25° 59' 43" 14 East for a distance of 3.25 feet to a point. Said point located on the south right -of -way line of State Road A-1 -A (5th Street); thence South 88° 00' 53" West, along said south right -of -way line of State Road A-1 -A (5th Street) for a O distance of 16.30 feet to the POINT OF BEGINNING (2). rn Cq j PC Said portion of land containing 7219 square feet more or less. 01 oD N V, � u V V O p 6 A r A % O rn ! u rn A cn LP N to tew ^� N( A jp U1 , t Ct N O r 0 L a g W N LENOX AVENUE �n • u m i N U N Florida Department of Transportation District Six Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706 - 002 ENGINEERING DIVISION - F.A.P. No.: NIA _ 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE: (305) 073 -7080 State.: A 1 A County: • Miami -Dade TITLE: SOUTH.R1W OF 5TH STREET Parcel No.: not yet allocated FROM ALTON ROAD TO LENOX AVENUE Sheet 4 of 16 z EXHIBIT "A" 0 C' °° SKETCH OF LEGAL DESCRIPTION A a >- LENOX AVENUE ILA oWZ'o�,� 0 60 120 e oZ SCALE FEET CO w� w `. w LEGAL .DESCRIPTION Ct A O Commence at the point intersection of the east right -of -way line of Lenox , Avenue and the north right -of -way line of State Road A -1 -A (5th Street) as shown in Florida Department of Transportation Right -of -Way Map, Section N 87060 - 2581. Said point being the POINT OF BEGINNING (3) of the tract of > D land herein described; thence North 88° 00' 53" East, along said north i N right -of -way line of State Road A-1 -A (5th Street) for a distance of 325.68 feet M } to a point on a curve; thence along the arc of a curve concave to the northwest, °o ; having a central angle of 59° 18' 01", a radius of 28.94 feet and whose chord O D bears South 59 22' 02" West for a distance of 29.95 feet; thence South 87° 56' D 8 52" West for distance of 58.11 feet to a point on a curve; thence along the r N rn arc of a curve concave to the southeast, having a central angle of 25° 57'20", O D v Ln — - a radius of 60.18 feet and whose chord bears South 74° 33'30" West for a distance of 27.26 feet to a point on a curve; thence along the arc of a curve N MICHIGAN COURT OD 0 concave to the northwest, having a central angle of 22° 25'41", a radius of I c • o C 50.88 feet and whose chord bears South 77° 19' 07" West for a distance of D f m z 19.92 feet; thence South 88° 31' 58" West for a distance of 11.60 feet; thence `� o South 87 42' 01" West for a distance of 49.41 feet; thence South 87° 20' 06" m N Cq Un West for a distance of 44.52 feet; thence South 85° 41' 11" West for a distance rn P Ch of 25.00 feet; thence South 84° 41' 28" West for a distance of 46.93 feet to a V) CD w point on a curve; thence along the arc of a curve concave to the northeast, ;U r*i having a central angle of 87° 05' 58 ", a radius of 29.63 feet and whose chord I"''7 bears North 48° 18' 58" West for a distance of 45.04 feet to a point. Said point M A located on the north right -of -way line of State Road A-1 -A (5th Street); thence n v i 11 u c North 88° 00' 53" East, along said north right -of -way line of State Road A-1 -A (5th Street) fora distance of 10.17 feet to the POINT OF BEGINNING (3). N �o D m N Said portion of land containing 6955 square feet more or less. o rn • "= > f z ■ n r"LA 0MD to .. v 2 II ® Oo N�;QO1N V N ..'� 0 11 O lJ� CO L OfwCD CD V A r N (� D O A C N :i'2 ■ X Q N U N } O O r ILA 0;V xu n �o s jo Nv� to N mA i MICHIGAN AVENUE N A O f z ■ n Florida Department of Transportation District Six Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT sect/Job No.: $706 ENGINEERING DIVISION F.A.P. No.: N/A - 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FL.33139 PHONE: 130 51 673-7080 State.: A 1 A County: Miami -Dade TITLE: NORTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM LENOX AVENUE TO MICHIGAN AVENUE Sheet 5 of 16 x EXHIBIT " A " A � v m SKETCH OF LEGAL DESCRIPTION LENOX AVENUE ►., �� A Z V 0 60 120 - NZ fJ m N m O SCALE FEET ° 'g °D + to 'p u � m v LEGAL DESCRIPTION N N u - Commence at the point intersection of the east right -of -way line of Lenox Avenue and the south right -of -way line of State Road A-1 -A (5th Street) as shown in Florida Department of Transportation Right -of -Way Map, Section 87060 -2581. Said point being the POINT OF BEGINNING (4) of the tract of D land herein described; thence North 88° 00' 53" East, along said south z LM right -of -way line of State Road A-1 -A (5th Street) for a distance of 343.59 feet m + LA to a point on a curve; thence along the arc of a curve concave to the A o southwest, having a central angle of 17° 57'43", a radius of 28.51 feet and o rn O whose chord bears North 20° 32' 12" West for a distance of 8.94 feet to a point 10 to > 8 on a curve; thence along the arc of a curve concave to the southwest, having a LO 0 central angle of 62° 33' 20 ", a radius of 32.90 feet and whose chord bears _ _ h North 63° 49' 31" West for distance of 35.92 feet; thence South 87° 36'41" CD O D West for a distance of 61.27 feet; thence South 88° 02' 26" West for a distance MICHIGAN COURT w of 64.67 feet; thence South 87° 57' 04" West for a distance of 49.97 feet; o o X I thence South 87° 52' 56" West for a distance of 132.34 feet to a point on a — — — > y curve; thence along the arc of a curve concave to the southeast, having a r*i central angle of 79° 35'44", a radius of 26.76 feet and whose chord bears U1 South 44° 01' 24" West for a distance of 37.18 feet to a point. Said point r located on'the south right -of -way line of State Road A-1 -A (5th Street); thence North 88° 00' 53" East, along said south right -of -way line of State Road A -1 -A (5th Street) for a distance of 22,26 feet to the POINT OF BEGINNING (4). m $ D M Said portion of land containing 8488 square feet more or less. ? N m (A rn - V N `� C1 - N m V 01 r (N V -a f + r Z 0M p 0 MY Lo Ld L A Cn MICHIGAN AVENUE n N i o I° K em -u ODO AO N ��; � D p u C N s Y C CA CD z m 0 N � d f Z W n Florida Department of Transportation District Six Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706 -002 ENGINEERING DIVISION, F.A.P. No.: N/A - - 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE: (306) 673 -7080 State.: Al A County: Miami -Dade TITLE: SOUTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM LENOX AVENUE TO MICHIGAN AVENUE Sheet 6 of 16 EXHIBIT " $ SKETCH OF LEGAL DESCRIPTION g2 q o . MICHIGAN AVENUE r O A oW, A y W� N�AtD 0 60 120 a :e -1N SCALE FEET LA Z o V � a A N 11 O N O W O R1 LEGAL DESCRIPTION Commence at the point intersection of the east right-of-way line of Michigan Avenue and the north right -of -way line of State Road A-1 -A (5th Street) as shown in Florida Department of Transportation Right -of -Way Map, Section 87060 -2581. Said point being the POINT OF BEGINNING (5) of the tract of land herein described; thence North 88° 00' 53" East, along said north right -of -way line of y State Road A-1 -A (5th Street) for a distance of 306.10 feet to a point on a m curve; thence along the arc of a curve concave to the northwest, having a central angle of 66° 24' 09 ", a radius of 37.59 feet and whose chord bears X D X South 53° 21' 19" West for a distance of 43.57 feet; thence South 87 °.58' 19" O �, M West for a distance of 241.56 feet to a point on a curve, thence along the arc ^ D + g of a curve concave to the northeast, having a central angle of 66° 30'36", a °o radius of 39.57 feet and whose chord bears North 59° 03 16" West for a — — distance of 45.93 feet to a point. Said point located on the north right -of -way D JEFFERSON COURT line of State Road A-1 -A (5th Street); thence North 88° 00' 53" East, along said in to north right -of -way line of State Road A -1 -A (5th Street) fora distance of 5.74 I CD c — feet to the POINT OF BEGINNING (5). D A D z Said portion of land containing 6825 square feet more or less. 0 D. rr1i oR OD EA U1 _n io rn (n 4 o (fi � W ri M M Ln N OD 'RE . o 0 AI 11 tw �V Cn V OD a + m + A JEFFERSON AVENUE i; � Florida Department of Transportation District Six Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706-002 ENGINEERING DIVISION F.A.P. No.: N/A 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE: (305 ) 673a0M State.: Al A County: Miami -Dade TITLE: NORTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM MICHIGAN AVENUE TO JEFFERSON AVENUE Sheet 7 of 16 _ W EXHIBIT " A " $ SKETCH OF LEGAL DESCRIPTION rn c y r � W A 0 rn MICHIGAN AVENUE t0 N �rn LA, i I+:fC7 N >pNj A 0 60 120 SCALE FEET z ED OD o co V . 11 + r4 OD A n N O N A D N W v 0 LEGAL DESCRIPTION _ u�� v " N N A N v ' ":f C7A'i 11 ':m A f Pi > LP Commence at the point intersection of the east right -of -way line of Michigan A v o; Avenue and the north Commence at the point intersection of the east right -of -way line of Michigan Avenue and the south right -of -way line of State Road A-1 -A (5th Street) as shown in Florida Department of Transportation N Right -of -Way Map, Section 87060 -2581. Said point being the POINT OF y BEGINNING (6) of the tract of land herein described; thence North 88° 00'53" z f East, along said south right -of -way line of State Road A-1 -A (5th Street) fora u a distance of 326.06 feet to a point on a curve; thence along the arc of a curve O concave to the southwest, having a central angle of 25° 14'02", a radius of v - 0 N 32.42 feet and whose chord bears North 26° 07' 16" West for a distance of �' y 1 14.28 feet to a point on a curve; thence along the arc of a curve concave to the D southwest, having a central angle of 39' 36' 38 ", a radius of 30.00 feet and _ _ 3a PD 0 D whose chord bears North 60° 06' 21" West for a distance of 20.74 feet; thence D N O O I South 88° 39' 01" West for a distance of 67.46 feet; thence South 87° 56' 56 JEFFERSON COURT g o West for a distance of 59.97 feet; thence South 88° 00' 37" West for a distance _ of I of 52.01 feet to a point on a curve; thence along the arc of a curve concave to G D the southeast, having a central angle of 24° 17' 17 ", a radius of 55.76 feet and oo �.-. whose chord bears South 74° 41'42" West for a distance of 23.64 feet to a a (n point on a curve; thence along the arc of a curve concave to the northwest, c having a central angle of 24' 43' 22 ", a radius of 51.04 feet and whose chord bears South 75' 54' 53" West for a distance of 22.03 feet; thence South 88° 01' m V X 29" West for a distance of 62.17 feet to a point on a curve; thence along the -n LA M cn arc of a curve concave to the southeast, having a central angle of 9° 54' 17 ", a rn ; o1 rn radius of 126.98 feet and whose chord bears South 83° 04'20" West for a —' distance of 21.95 feet to a point on a curve; thence along the arc of a curve concave to the southeast, having a central angle of 41 ° 16'40", a radius of P 26.83 feet and whose chord bears South 46° 45'29" West for a distance of + 19.33 feet to a point. Said point located on the south right -of -way line of State g Road A-1 -A (5th Street); thence North 88° 00' 53" East, along said south right -of -way line of State Road A-1 -A (5th Street) for a distance of 18.87 feet to the POINT OF BEGINNING (6). � Said portion of land containing 6888 square feet more or less. O: m V G A Ct O i f N N 10 JEFFERSON AVENUE N = � � o mm A � o . Ot = I H p ;D NJ IL� ell CD W N O O y rn crt OO _ m G Oa> N z �s e Z O O Florida Department of Transportation District Six lei Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706 -002 ENGINEERING DIVISION F.A.P. No.: N/A 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE: (305) 673-7080 - - State.: A1A County: Miami -Dade TITLE: SOUTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM MICHIGAN AVENUE TO JEFFERSON AVENUE Sheet 8 of 16 EXHIBIT " SKETCH OF LEGAL DESCRIPTION ti LA A A T /jk v, A o JEFFERSON AVENUE it : m o A N t ±fC'�� V i 0 60 120 SCALE FEET mz OD 0 U � o V N W rl LEGAL DESCRIPTION o 0 0 Commence at the point intersection of the east right -of -way line of Jefferson Avenue and the north right -of -way line of State Road A-1 -A (5th Street) as shown in Florida Department of Transportation Right -of -Way Map, Section 87060- 2581. Said point being the POINT OF BEGINNING (7) of the tract of ivn OD land herein described; thence North 88 00' 53" East, along said north D right -of -way line of State Road A-1 -A (5th Street) for a distance of 310.34 feet --I , 1% to a point on a curve; thence along the arc of a curve concave to the northwest, having a central angle of 56° 20'06", a radius of 29.35 feet and whose chord N D bears South 59° 28' 14" West for a distance of 28.86 feet; thence South 87 56' O 8 53" West for a distance of 60.87 feet to a point on a curve; thence along the D arc of a curve concave to the southeast, having a central angle of 19° 46' 24 ", O a radius of 54.64 feet and whose chord bears South 76° 22' 11" West for a I) D so distance of 18.86 feet to a point on a curve; thence along the arc of a curve O 'e. concave to the northwest, having a central angle of 12° 18'34", a radius of w X D rn o MERIDIAN COURT 98.58 feet and whose chord bears South 73° 07' 54" West for a distance of I N + D 21.18 feet; thence South 87° 47' 22" West for a distance of 162.03 feet to a c D o $' z point on a curve; thence along the arc of a curve concave to the northeast, iv rn ;0 0o j C D having a central angle of 54° 42' 55 ", a radius of 41.79 feet and whose chord c_n _ A Z N �„ o bears North 54° 53' 50" West for a distance of 39.91 feet to a point. Said point °D - a Oo A n located on the north right -of -way line of State Road A-1 -A (5th Street); thence - North 88° 00' 53" East, along said north right -of -way line of State Road A-1 -A X ri (5th Street) for a distance of 6.35 feet to the POINT OF BEGINNING (7). ITl Said portion of land containing 5894 square feet more or less. nl —I u W0M v If � Ch W OO N a (OD � /W*IA at N 001 i D N OD Z � A + V N 0 $ ZI f f 0 N20 II • ,O I w LA CID a N c a MERIDIAN AVENUE � m z t> u g Florida Department of Transportation District Six Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706 -002 ENGINEERING DIVISION F.A.P. No.: N/A 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE: 33051073_7080 State.: Al A County: Miami -Dade TITLE: NORTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM JEFFERSON AVENUE TO MERIDIAN AVENUE Sheet 9 of 16 i N = D EXHIBIT "A o °�0, N. SKETCH OF LEGAL DESCRIPTION u A A- a Q. m 4 N rn 2 N NA rump n 10 a z V N .f 0- a NN�NN �p t JEFFERSON AVENUE - i C ^: N CD o DN . - N N Z.Of p n 0 60 120 SCALE FEET z �'mO • � 0M w LEGAL DESCRIPTION V C No 0 Commence at the point intersection of the east right -of -way line of Jefferson 4 '.0 Avenue and the south right -of -way line of State Road A-1 -A (5th Street) as f shown in Florida Department of Transportation Right -of -Way Map, Section 87060 -2581. Said point being the POINT OF BEGINNING (8) of the tract of land herein described; thence North 88° 00' 53" East, along said south D right -of -way line of State Road A-1 -A (5th Street) for a distance of 323.90 feet 171 to a point on a curve; thence along the arc of a curve concave to the southwest, having a central angle of 62° 05' 31", a radius of 21.36 feet and > ;p whose chord bears North 33° 04' 37" West for a distance of 23.15 feet to a m O point on a curve; thence along the arc of a curve concave to the southwest, 8 ^ D having a central angle of 19° 29' 04 ", a radius of 64.33 feet and whose chord rn bears North 76° 52' 16" West for a distance of 21.88 feet; thence South 87° 56' 1— — $; p D 41" West for a distance of 11.5.59 feet; thence South 88° 00'46" West for a distance of 50.37 feet; thence South 87° 40' 19" West for a distance of 122.23 MERIDIAN COURT � C1 I rn feet to a point on a curve; thence along the arc of a curve concave to the _ _ -0b � I + southeast, having a central angle of 12° 41' 19 ", a radius of 23.66 feet and z D D S whose chord bears South 70° 35' 12" West for a distance of 5.24 feet to a point w a M on a curve; thence along the arc of a curve concave to the southeast, having a N N„ -n (T� central angle of 20° 51' 22 ", a radius of 42.33 feet and whose chord bears 0 $ M m South 49° 31' 12" West for a distance of 15.41 feet to a point on a curve; a '' thence along the arc of a curve concave to the southeast, having a central �+ A angle of 28° 44' 12 ", a radius of 27.73 feet and whose chord bears South 22° M 03'45" West for a distance of 13.91 feet to a point. Said point located on'the rn south right -of -way line of State Road A-1 -A (5th Street); thence North 88° 00' u 53" East, along said south right -of -way line of State Road A-1 -A (5th Street) for �n a distance of 19.28 feet to the POINT OF BEGINNING (8). y Said portion of land containing 7993 square feet more or less. tp A Of N ' ' t O O r z 0 M D e vxn n N Op 3 MERIDIAN AVENUE z aktOw Ja r C f t -� D � N OD 10 n Lama I ,., N Loa ON(M W .'OWN m> O v:Amrno �0 a w v, rn v p ++ iA_ O *z C7 - Florida Department of Transportation District Six ' Item(Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT sect/Job No.: 8706 -002 ENGINEERING DIVISION ' F.A.P. No.: N/A 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE (305) 673-7080 State.: Al A County: Miami -Dade TITLE: SOUTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM JEFFERSON AVENUE TO MERIDIAN AVENUE Sheet 10 of 16 EXHIBIT "A„ U= e SKETCH OF LEGAL DESCRIPTION c; N > W `� MERIDIAN AVENUE C1 � T OD .. W�z�w N 0 60 120 w 0 o _ _ SCALE FEET s 0 A o� do V G N W rn LEGAL DESCRIPTION Commence at the point intersection of the east right -of -way line of Meridian Avenue and the north right -of -way line of State Road A-1 -A (5th Street) as shown in Florida Department of Transportation Right -of -Way Map, Section A 87060 - 2581. Said point being the POINT OF BEGINNING (9) of the tract of U) c land herein described; thence North 88° 00' 53" East, along said north y right -of -way line of State Road A-1 -A (5th Street) for a distance of 306.11 feet rn to a point on a curve; thence along the arc of a curve concave to the northwest, having a central angle of 58° 24'45', a radius of 39.40 feet and whose chord M ; bears South 52° 51' 16" West for a distance of 40.16 feet; thence South 87° 53' 0 m D 17" West fora distance of 252.72 feet to a point on a curve; thence along the D 8 arc of a curve concave to the northeast, having a central angle of 62° 45'23", a Im radius of 38.01 feet and whose chord bears North 56° 59'26" West for a 0) D CD distance of 41.63 feet to a point. Said point located on the north right -of -way , v' line of State Road A -1 -A (5th Street); thence North 88° 00'53" East, along said N ; tn EUCLID COURT north right-of-way line of State Road A-1 -A (5th Street) for a distance of 10.47 I ' �; C _ feet to the POINT OF BEGINNING (9). D f ;0 rn Said portion of land containing 6661 square feet more or less. �-. OD U1 W a N p�j + y u X m rn rn N 01 01 + op O rU)0;0> 0 N 2 I H A�;OWtn co ° A EUCLID AVENUE m 0;> A Z n Florida Department of Transportation l e i District Six Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706-002 ENGINEERING DIVISION F.A.P. No.: N/A 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE: (305) 673 -7080 - State.: A 1 A County: Miami -Dade TITLE: NORTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM MERIDIAN AVENUE TO EUCLID AVENUE Sheet 11 of 16 EXHIBIT " A " ° � 1 O wmz 'v o; rn o io CD SKETCH OF LEGAL DESCRIPTION 11 rn o ' n V ' rn A IT O iZA w N�A Lp! C) ® MERIDIAN AVENUE N OI 0 60 120 FEET SCALE 6 z N Q N o CO O 2 p W O �p ■ v o LEGAL DESCRIPTION w Z in `n M N +pW�0��0 O 4 r O W A Commence at the point intersection of the east right -of -way line of Meridian �, °U '■ ' o " Avenue and the south right -of -way line of State Road A -1 -A (5th Street) as Olt f C ■ N shown in Florida Department of Transportation Right -of -Way Map, Section A 87060 -2581. Said point being the POINT OF BEGINNING (10) of the tract of o land herein described; thence North 88 00' 53" East, along said south y o right -of -way line of State Road A-1 -A (5th Street) for a distance of 320.62 feet --I to a point on a curve; thence along the arc of a curve concave to the a m southwest, having a central angle of 16° 34' 27 ", a radius of 31.36 feet and N a ;U whose chord bears North 14° 02' 22" West for a distance of 9.07 feet to a point o $ > Q on a curve; thence along the arc of a curve concave to the southwest, having a N D ^ D central angle of 62° 55' 59 ", a radius of 26.09 feet and whose chord bears u 8 y North 51' 26' 12" West for a distance of 28.66 feet; thence South 87° 19'57" Ri j o °.,°, OD O D West for a distance of 123.77 feet; thence South 87° 23' 19" West for a distance of 49.37 feet; thence South 87° 25'45" West for a distance of 8.87 EUCLID COURT N u N feet to a point on a curve; thence along the arc of a curve concave to the _ ,o N , I southeast, having a central angle of 23° 03' 22 ", a radius of 68.04 feet and c f D whose chord bears South 72° 09' 56" West for a distance of 27.38 feet to a > point on a curve; thence along the arc of a curve concave to the northwest, Ut having a central angle of 11 ° 39' 59 ", a radius of 54.68 feet and whose chord - n bears South 75° 58' 13" West for a distance of 11.13 feet to a point; thence N + South 87° 41' 14" West for a distance of 67.11 feet; thence South 81' 3622" X o West for a distance of 15.95 feet to a point on a curve; thence along the arc of M a curve concave to the southeast, having a central angle of 16° 2358", a M radius of 41.94 feet and whose chord bears South 56° 59'50" West for a distance of 12.00 feet to a point on a curve; thence along the arc of a curve concave to the southeast, having a central angle of 26° 20'30', a radius of 16.42 feet and whose chord bears South 29° 36' 16" West for a distance of u 7.55 feet to a point. Said point located on the south right -of -way line of State Road A-1 -A (5th Street); thence North 88° 00' 53" East, along said south �! v right -of -way line of State Road A-1 -A (5th Street) for a distance of 18.12 feet to the POINT OF BEGINNING (10). Said portion of land containing 7123 square feet more or less. N rn at o 0 11 EUCLID AVENUE r Z X I . 1 Z 2 1 111 9) Mal k) tp ? 4 �•, Of N v p 0 0 a °t at Ot m cq N rn N m N > N .' O ^' Z 10 v C7 Z y Florida Department of Transportation District Six Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706 -002 ENGINEERING DIVISION F.A.P. No.: N/A 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL33139 PHONE: (305) 673 -7080 State.: Al A County: Miami -Dade TITLE: SOUTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM MERIDIAN AVENUE TO EUCLID AVENUE Sheet 12 of 16 EXHIBIT "All SKETCH OF LEGAL DESCRIPTION N 4M 01 + O O 0 60 120 0 LP T FEE SCALE a N °�° A EUCLID AVENUE � au� W LOCI A Rd OO N LEGAL DESCRIPTION ` L.1 o Commence at the point intersection of the east right -of -way line of Euclid A Ct Avenue and the north right -of -way line of State Road A-1 -A (5th Street) as D L . shown in Florida Department of Transportation Right -of -Way Map, Section M rn 87060 -2581. Said point being the POINT OF BEGINNING (11) of the tract of M land herein described; thence North 88° 00' 53" East, along said north O right -of -way line of State Road A-1 -A (5th Street) for a distance of 200.05 feet, D a a to a point on a curve; thence along the arc of a curve concave to the northwest, ^ p OD having a central angle of 53° 03' 37 ", a radius of 25.94 feet and whose chord 0) $ p 8 bears South 45° 02' 05" West for a distance of 24.02 feet to a point on a curve; O D ,�, ^'• thence along the arc of a curve concave to the northwest, having a central O angle of 15° 08' 39 ", a radius of 106.09 feet and whose chord bears South 77° M point; thence South 86 41 rn W 41 41" West for a distance of 28.04 feet to a ° ' 27" I a ° D p � D West for a distance of 28.75 feet; thence South 87° 42' 15" West for distance ^ c N of 100.20 feet to a point on a curve; thence along the arc of a curve concave to y u the northeast, having a central angle of 58° 44' 42 ", a radius of 39.40 feet and 4M m rn whose chord bears North 57° 15' 58" West for a distance of 40.40 feet to a U) = p + .� point. Said point located on the north right -of -way line of State Road A-1 -A (5th c g0 m S thence North 88° 00' 53" East, along said north right -of -way line of fTl y N K) State Road A-1 -A (5th Street) for a distance of 5.13 feet to the POINT OF M ° - On v -!1-: A o u BEGINNING (11). 0D A .2 v; v: ;V t Said portion of land containing 3966 square feet more or less. ° r m 0 c �= f n NrrnU O a un C V i�rOw N ��A V 17 � O 0 + + to to OD m N 10 - i ti + as 0 Oa x g WAS TON A n � NVE n Aj M N � T + O r0 + V W m fJ V O + O O Florida Department of Transportation District Six Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT sect/Job No.: 8706-002 ENGINEERING DIVISION F.A.P. No.: N/A 1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FL.33138 PHONE: (305) 073 -7080 State.: A 1 A County: Miami -Dade TITLE: NORTH R/W OF 5TH STREET Parcel No.: not yet allocated. FROM EUCLID AVENUE TO WASHINGTON AVENUE Sheet 13 of 16 EXHIBIT " A " SKETCH OF LEGAL DESCRIPTION N O� 01 + O n O p LA 0 60 120 ' ° roWX O A > O � S oo w C , N SCALE u FEET .� � °�: ; EUCLID AVENUE LEGAL DESCRIPTION N z N°DO Ca CO + Commence at the point intersection of the east right -of -way line of Euclid L. N � ° o Avenue and the north right -of -way line of State Road A -1 -A (5th Commence at u y the point intersection of the east right -of -way line of Euclid Avenue and the r+ —i south right -of -way line of State Road A-1 -A (5th Street) as shown in Florida � M Department of Transportation Right -of -Way Map, Section 87060 -2581. Said y point being the POINT OF BEGINNING (12) of the tract of land herein 8 O described; thence North 88° 00' 53" East, along said south right -of -way line of z to c D State Road A-1 -A (5th Street) for a distance of 155.70 feet to a point on a $$ 2 j 0 curve; thence along the arc of a curve concave to the southwest, having a cn LA � D central angle of 40° 05' 01", a radius of 39.86 feet and whose chord bears $ O O I North 27° 20' 28" West for a distance of 27.88 feet to a point on a curve; °- m CA C i thence along the arc of a curve concave to the southwest, having a central angle of 46° 29' 12 ", a radius of 41.01 feet and whose chord bears North 72° m * D 41 "35" West for a distance of 33.27 feet; thence South 85° 14' 13" West for a rn distance of 115.40 feet to a point on a curve; thence along the are of a curve CTI concave to the southeast, having a central angle of 76 36'31", a radius of OD 30.55 feet and whose chord bears South 36° 08' 43" West for a distance of --1 8 40.84 feet to a point. Said point located on the south right -of -way line of State - X Road A-1 -A (5th Street); thence North 88° 00' 53" East, along said south M right -of -way line of State Road A-1 -A (5th Street) for a distance of 25.20 feet to M the POINT OF BEGINNING (12). Said portion of land containing 5453 square feet more or less. r z 0 D A v 2 U II W N O A A W W — O) r Z A D N A °p NV�1wD0 v W tD , rn N > SH E � C W � 0 :e N WA NGT N qV O N D ENE z w w OD DD + >> g W> _ x >O O N O G1 + W to + CO CD v N O t O Florida Department of Transportation District Six lei Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706 -002 ENGINEERING DIVISION F.A.P. No.: N/A 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE: (305) 873-7080 State.: A 1 A - County: Miami -Dade TITLE: SOUTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM EUCLID AVENUE TO WASHINGTON AVENUE Sheet 14 of 16 OD o " A l l EXHIBIT w w SKETCH OF LEGAL DESCRIPTION 01) � N ID 4-4 + S V (� 0 m L" o e 0 60 120 ° ° A N WgSH q n O o VENUE 01N N DNV: FEET mED +oo a1 SCALE o A CD O A °D LEGAL DESCRIPTION °D N w +Z=en w . �%gLO C m Commence at point intersection of the east right -of -way line of Washington x .1. v u w Avenue and the north right -of -way line of State Road A-1 -A (5th Street) as - m °'- C shown in Florida Department of Transportation Right -of -Way Map, Section A 87060 -2581. Said point being the POINT OF BEGINNING (13) of the tract of i = A co land herein described; thence North 87° 39'46" East, along said north N N right -of -way line of State Road A-1 -A (5th Street) for a distance of 300.00 feet --i o0 to a point on a curve; thence along the arc of a curve concave to the northwest, D o LP having a central angle of 47° 31' 05 ", a radius of 25.05 feet and whose chord - --I f bears South 66° 36' 52" West for a distance of 20.78 feet; thence South 87° 05' m 14" West for a distance of 103.37 feet; thence South 86° 38'31" West for y distance of 17.73 feet; thence South. 85° 57' 26" West for a distance of 39.88 O m feet; thence South 84° 28' 54" West for a distance of 102.10 feet to a point on . a curve; thence along the arc of a curve concave to the northeast, having a a central angle of 13° 30' 16 ", a radius of 50.36 feet and whose chord bears 00 y w North 88° 45' 58" West for a distance of 11.87 feet to a point on a curve; I 0, � thence along the arc of a curve concave to the northeast, having a central 0D C angle of 52° 03' 06 ", a radius of 28.18 feet and whose chord bears North 55° v D 48' 18" West for a distance of 25.60 feet to a point. Said point located on the k * <</NS north right -of -way line of State Road A-1 -A (5th Street); thence North 87° 39' v C � C A 46" East, along said north right -of -way line of State Road A-1 -A (5th Street) for CJ� * C_ Orv//� T a distance of 13.42 feet to the POINT OF BEGINNING (13). m _ Said portion of land containing 3078 square feet more or less. --� 171 M . OD • w 0 OD V V W N 4 + v O A f n A 0 A 0 V W M n D! CMD n u O N S N y 20 Oct f O V: 1 i u + COLLINS AVENU 0 Florida Department of Transportation District Six lei ItemlSegmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706 -002 ENGINEERING DIVISION F.A.P. No.: NIA 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE: (305) 673 -7060 State.: A 1 A County: Miami -Dade TITLE: NORTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM WASHINGTON AVENUE TO COLLINS AVENUE Sheet 15 of 16 N N " Wg SHiNG pN OD O EXHIBIT A AVENU E m. SKETCH OF LEGAL DESCRIPTION w w 00 a ° � n "o lP A DN�'t N� N >Y O >. O __ G7 � N V: D to V 0 r1 O 0 60 120 ZN � aZA� � f 5 Iq N - - Of N SCALE FEET NIR � . AM o ,f, V ri LEGAL DESCRIPTION H D N 0 a Commence at the point intersection of the east right -of -way line of Washington �y 8 °O co Avenue and the south right -of -way line of State Road A -1 -A (5th Street) as w o shown in Florida Department of Transportation Right -of -Way Map, Section �° ^+' W 87060 -2581. Said point being the POINT OF BEGINNING (14) of the tract of w land herein described; thence South 79° 18' 07" East, along said south right -of -way line of State Road A-1 -A (5th Street) for a distance of 149.83 feet; c V thence North 10' 47' 39" East for a distance of 50.00 feet; thence South 79° 18' y D 07" East for a distance of 146.22 feet to a point on a curve; thence along the — arc of a curve concave to the southwest, having a central angle of 50° 12' 05 ", - m a radius of 41.13 feet and whose chord bears North 15' 22'44 West for a COLLIN S r^ > M distance of 36.04 feet to a point on a curve; thence along the arc of a curve C pUR N O concave to the southwest, having a central angle of 54° 57'54", a radius of _ b i D 42.59 feet and whose chord bears North 71' 28'46" West for a distance of � N, O 40.86 feet; thence South 84° 54' 01" West for a distance of 233.27 feet to a point on a curve; thence along the arc of a curve concave to the southeast, N1 p' 400 39" O D having a central angle of 23° 07' 12 ", a radius of 52.49 feet and whose.chord 5 p DO' f bears South 72° 23' 51" West for a distance of 21.18 feet to a point on a curve; I c thence along the arc of a curve concave to the southeast, having a central D angle of 21 ° 03'41", a radius of 42.87 feet and whose chord bears South 43° 11'45" West for a distance of 15.76 feet to a point. Said point located on the (n . south right -of -way line of State Road A-1 -A (5th Street); thence South 79° 18' 07" East, along said south right -of -way line of State Road A-1 -A (5th Street) for a distance of 9.55 feet to the POINT OF BEGINNING (14). X Said portion of land containing 9933 square feet more or less. to m N� No N V N + O O u vxo u A O A N COLLINS AVEND O , Z=e r°n v_ 0. A Lft all p N O .f Z A ±^: n m ! A -Y CA O V t O Florida Department of Transportation District Six Item /Segmenet No.: 4152301 PUBLIC WORKS DEPARTMENT Sect/Job No.: 8706 - 002 ENGINEERING DIVISION F.A.P. No.: N/A 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL.33139 PHONE: (305) 873 -7080 State.: A1A County: Miami -Dade TITLE: ' SOUTH R/W OF 5TH STREET Parcel No.: not yet allocated FROM WASHINGTON AVENUE TO COLLINS AVENUE Sheet 16 of 16 EXHIBIT "A -1" Florida Department of Transportation, District Six Sidewalk Cafe Supplement Addendum No. Item /Seg No.: Sec/Job No: FAP No: SR No: County: Parcel No: Applicant Information Permit Name (person): Phone: Mailing Address: City: State: ZIP Code: Business Information Business Name: Business Phone: E -mail: Fax: Business Address: F city 7 State: ZIP Code: Sidewalk Caf6 Details Sidewalk Cafe Location: Area of Operation (Square feet): Sidewalk Width: Clear Pedestrian Zone Width: Checklist ❑ Complete and Sign Sidewalk Cafe Supplement Form (this form) ❑ Attach Area of Operation Sketch ❑ Copy of Permit ❑ Copy of Insurance Certificate (naming FDOT as Additional Insured) City's Permit Fee: $ per Square Foot Date of: Permit or Renewal Rent for this permit: $ (Square feet X % of Permit Fee) Supplement-Agreement Lessee Name: Phone: Lessee Address: City: State: ZIP Code: Lessee certifies that the permit approval is in compliance with the Sidewalk Cafe Ordinance, zoning restrictions and setbacks including but not limited to compliance with ADA requirements and FDOT's regulations. This Agreement made this day of 2010, is a Supplement Addendum to the Lease Agreement dated between the (Lessee), and the FLORIDA DEPARTMENT OF TRANSPORTATION (Lessor). Signature of Lessee: By: Name/Title On behalf of Lessor (FDOT) Signature of Lessor: By: Name/Title PM 201 — Sidewalk Cafe Form (Rev 11/04/2010) Page 1 Of 2 y i EXHIBIT "A -1 C SIDEWALK CAFE SITE PLAN SKETCH OF AREA OF OPERATION SAMPLE LA POUT LAND SURVEYOR COMPANY Florida Department of Transportation, District: INFORMATION Six FPID No.: Sec /)ob No: FAP No: State Road No: County: Parcel -No: PM 201 — Sidewalk Cafe Form (Rev 11/04/2010) Page 2 of 2