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Grant Agreement with Mount Sinai Medical Center of Florida, Inc.!r)it: ao( - (9.9). 3a _.,.._ , si GRANT AGREEMENT This Grant Agreement ("Agreement") is made effective as of this /T day of Fc.kv-Ia , 201 / (the "Effective Date"), by and between the City of Miami Beach, Florida, a municipal orporation duly organized and existing under the laws of the State of Florida (the "City") and Mount Sinai Medical Center of Florida, Inc., a Florida not-for-profit corporation (the "Hospital") (the City and the Hospital each, a "Party" and collectively, the "Parties"). RECITALS A. The Hospital desires to improve, renovate, construct and expand its current medical center, including, without limitation, the ER Project (as hereinafter defined), improvements to existing medical center facilities, and any work in connection with the Hospital's seawall (collectively, the "Hospital Improvements"). B. The Parties acknowledge and agree that, as a critical component of the Hospital Improvements, the Hospital shall improve, renovate, construct and expand its current emergency room facility (the "ER") in order to, among other things, accommodate increased utilization rates (the ER component of the Hospital Improvements is hereinafter referred to as the "ER Project"). C. The Parties acknowledge and agree that (i) the Hospital and the ER serve a vital public purpose to the City, and (ii) the Hospital Improvements, including the ER Project, constitute capital improvements to a physical asset which is essential to the welfare, safety, and well-being of the residents of, and visitors to, the City. D. Reference is made to that certain Resolution No. 2014-28609, passed and adopted by the Mayor and City Commission of the City on May 28, 2014, and attached and incorporated as Exhibit "A" hereto (the "Resolution"), in which, among other things, representatives of the City authorized and approved the City's financial support of the ER Project and the Grant (as hereinafter defined), subject to the terms and conditions of this Agreement, and subject further to (i) the Hospital and City entering into a lease for certain premises within the new ER facility for . use by the City as an emergency management office (the "Lease"); (ii) the grant of a perpetual public access easement by the Hospital, as grantor, in favor of the City, as grantee, for the City's construction, operation and maintenance of a public baywalk along the bayfront boundaries of the Hospital's property (the "Baywalk Easement"); (iii) seven hundred (700) one-day parking vouchers provided to the City annually for distribution by the City at senior centers located within the City ("Senior Centers"); (iv) quarterly outreach seminars (lectures) provided by the Hospital at the Senior Centers; and (v) participation by the Hospital in programs at schools located within the City related to health care and careers in health care (and which programs might include, without limitation, career days) (subsections (iii) through (v) are hereinafter referred to as "Additional City Benefits"). E. Consequently, and in furtherance of the Resolution, the City desires to grant to the Hospital a grant (the "Grant"), in the aggregate sum of$15,000,000 and any portion of such sum, "Grant Monies") in accordance with the general terms and conditions contained in this Agreement. {36800560;2} 1 J s F. In addition to and separate from the Grant, the City shall reimburse the Hospital for fees paid by the Hospital to the City for building permits in connection with the Hospital Improvements (the "Fee Reimbursement"). In no event shall the City's obligation to reimburse the Hospital for the Fee Reimbursement exceed the amount of$1,500,000. NOW THEREFORE, it is hereby mutually covenanted and agreed by and between the Parties hereto that this Agreement is made in consideration of the terms, covenants and conditions hereinafter set forth. ARTICLE 1 —THE GRANT 1.1 The Recitals above are incorporated herein by reference. 1.2 The City hereby approves and authorizes the Grant and agrees to pay the Grant to the Hospital, but solely from Non-Ad Valorem Revenues, as provided in Section 2.6, for the sole purpose of reimbursing a portion of the Hospital's hard and soft costs incurred in connection with the ER Project (such costs, the "ER Project Costs"), as further set forth herein. 1.3 The Hospital agrees and covenants to use the Grant (including, without limitation, all portions of the Grant Monies) solely for the purpose of defraying a portion of the ER Project Costs ("Hospital Compliance"). 1.4 The City hereby approves and authorizes the Fee Reimbursement and agrees to pay the Fee Reimbursement to the Hospital, but solely from Non-Ad Valorem Revenues, as provided in Section 2.6., as further set forth herein. The Hospital agrees and covenants to use the Fee Reimbursement solely for defraying the City building permit fees incurred by the Hospital in connection with the Hospital Improvements. 1.5 The term of this Agreement (the "Term") will commence on the Effective Date and will terminate, whereupon the Parties shall be released from all further obligations under this Agreement, except those obligations which expressly survive the termination of this Agreement, upon (i) the Grant being fully paid by the City to the Hospital; and (ii) the Hospital's application, receipt of and payment for, all building permits required from the City in connection with the Hospital Improvements, and the payment of the Fee Reimbursement thereof by the City to the Hospital (up to, but not to exceed, the amount of $1,500,000). Notwithstanding the preceding, or any other term or condition of this Agreement, the Parties hereby agree and acknowledge that the Lease, and the Baywalk Easement are intended to survive the Term/termination of this Agreement. Additionally, regardless of whether the City prepays the Grant, the Hospital's obligations to provide the Additional City Benefits shall remain in full force and effect for the full fifteen (15) year duration of the Installment (as hereinafter defined) payments. ARTICLE 2—FUNDING 2.1 The Grant shall be paid by the City to the Hospital in fifteen (15) consecutive annual installments of$1,000,000 (each such funding, an "Installment"); provided, however, that, at the City's discretion, the City may be excused from payment of an Installment for a (36800560;2} 2 s period of up to one (1) year in the event of a force majeure, as provided in Section 6.11 hereof and, in such case(s), the Term of the Grant shall be automatically extended for the period of force majeure (up to one year). 2.2 Commencing with the first Installment payment on September 15, 2015, (the "Initial Payment Date") each Installment shall be paid by the City to the Hospital on or before September 15 of such year (each, a "Payment Date") by wire transfer to an account designated by the Hospital; provided, however, that the City shall not be required to make the first Installment payment unless and until (i) the Parties have executed the Lease; (ii) the Parties have negotiated the terms of the Baywalk Easement, based upon the minimum business terms set forth in the Resolution and the Hospital has conveyed (and the City has accepted) the final executed Baywalk Easement; and (iii) the Parties have negotiated and mutually agreed upon the terms of the Additional City Benefits, based upon the minimum business terms set forth in the Resolution and the Recitals contained in this Agreement (which final negotiated terms shall be attached and incorporated as Exhibit "B" hereto) and, further based upon such mutual agreement, the Hospital has commenced performance of such Benefits (Hereinafter, (i) through (iii) may also be referred to as the "Conditions Precedent"). 2.3 If the Hospital has incurred, and paid, City building permit fees in connection with the Hospital Improvements that may be reimbursed pursuant to a Fee Reimbursement, then the Hospital shall provide written notice to the City (a "Reimbursement Request"), accompanied by evidence of payment and such other supporting documentation, as may be reasonably requested by the City, specifying the applicable building permit and the fee amount related thereto. 2.4 Within thirty(30) days after the City's receipt of a Reimbursement Request, the City shall provide written notice to the Hospital indicating its intent (i) to pay the Fee Reimbursement in the amount set forth in the Reimbursement Request; (ii) to pay the Fee Reimbursement in an amount other than that set forth in the Reimbursement Request; or (iii) not to pay the Fee Reimbursement, or any amount thereof, as requested in the Reimbursement Request. In the event that the City responds in accordance with clause (i) of the preceding sentence, the City shall fund the Fee Reimbursement to the Hospital within five (5) days thereof. In the event that the City responds in accordance with clause (ii) or (iii) of this Section 2.4, the City and the Hospital agree to cooperate with each other for the purpose of establishing the accurate amount to be paid, if any, pursuant to a Fee Reimbursement as soon as practicable thereafter, and the agreed-upon amount of the Fee Reimbursement shall be paid within five(5) days of the agreement thereof. 2.5 The City may, at its option and upon thirty (30) days prior written notice to the Hospital, prepay any amount of the Grant and/or Fee Reimbursement in whole or in part to the Hospital. Any prepaid amount attributable to the Grant shall be deducted from the scheduled Installments as determined by the City. If a notice of prepayment is given by the City to the Hospital pursuant to this Section 2.5, the amount designated for prepayment shall be due and payable on the proposed prepayment date, and shall be made in the manner of Installment payments as set forth in Section 2.2. Notwithstanding this Section 2.5, prepayment of the Grant, or any portion thereof, shall not relieve the Hospital of its obligation to continue to provide the Additional City Benefits under this Agreement {36800560;2} 3 r for the period of the full fifteen year Installment Term contemplated under Section 2.1 hereof. 2.6 Notwithstanding anything to the contrary contained in this Agreement or elsewhere, the obligations of the City under this Agreement shall be subject to the provisions of this Section 2.6. The City covenants to budget and appropriate in its annual budget, by amendment, if required, from Non-Ad Valorem Revenues, amounts sufficient to pay the amounts due under this Agreement as the same shall become due. Such covenant to budget and appropriate from Non-Ad Valorem Revenues shall be cumulative to the extent not paid and shall continue until such Non-Ad Valorem Revenues sufficient to make all required payments have been budgeted, appropriated and used to pay such amounts. The Hospital and the City acknowledge the existence of Section 166.241, Florida Statutes, which prescribes the budgetary process of the City and which prohibits any expenditure or contractual obligation therefor from being made or incurred except in pursuance of budgeted appropriations. The City shall not be obligated to maintain or continue any of the activities of the City which generate Non-Ad Valorem Revenues. In addition, in any fiscal year of the City, the City may pay or make provision for payment of the expenses of providing Essential Government Services (as defined below) of the City due or coming due in such fiscal year from Non-Ad Valorem Revenues prior to being required to use any Non-Ad Valorem Revenues to pay amounts due hereunder. Any Non-Ad Valorem Revenues which are restricted by a contract from being used to pay the amounts due hereunder shall not be subject to the covenant to budget and appropriate. Any Non-Ad Valorem Revenues which are prohibited by a general or special law of the State of Florida from being used to pay the amounts due hereunder shall not be subject to the covenant to budget and appropriate. Any source of Non-Ad Valorem Revenues which is created after the date hereof and which is prohibited by a general or special law of the State of Florida from being used to pay the amounts due hereunder shall not be subject to the covenant to budget and appropriate. The covenant to budget and appropriate set forth in this Section 2.6 does not create a lien upon or pledge of the Non-Ad Valorem Revenues, nor does it preclude the City from pledging in the future the Non-Ad Valorem Revenues, nor does it require the City to levy and collect any particular Non-Ad Valorem Revenues, nor does it give the Hospital a prior claim as opposed to claims of general creditors of the City. The City is not and shall not be liable for the payment of the amounts due hereunder from any property other than the Non-Ad Valorem Revenues as set forth in this Section 2.6. The Hospital shall not have any right to resort to legal or equitable action to require or compel the City to make any payment required hereunder from any source other than the Non-Ad Valorem Revenues as set forth in this Section 2.6. "Non-Ad Valorem Revenues" means in any fiscal year of the City, all revenues received by the City in such fiscal year that are not derived from ad valorem taxation. {36800560;2; 4 "Essential Government Services" means the provision of public safety and general governmental services by the City, the expenditures for which are set forth as the line items entitled "General Government Expenditures" and "Public Safety Expenditures" (or similar line items) as reflected in the City of Miami Beach Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds and as reported in the City's Comprehensive Annual Financial Report. ARTICLE 3—CONDITIONS TO INITIAL FUNDING; 3.1 Notwithstanding anything else contained herein, as soon as practicable after the Effective Date, the Hospital shall demonstrate, to the reasonable satisfaction of the City's Chief Financial Officer (the "CFO's Approval"), that appropriate financing is in place for the Hospital to commence the ER Project and, once commenced, that the Hospital has the necessary funds to continuously prosecute such Project in good faith and with due diligence, until completed. On or before that date which is ninety (90) days prior to the Initial Payment Date, the City shall deliver written notice to the Hospital of the CFO's Approval or a written notice containing instructions detailing how the Hospital may obtain such approval (the "CFO's Instructions"). In the event that the City delivers the CFO's Approval, and provided further that the Hospital has satisfied the Conditions Precedent in Section 2.2 hereof, the payment of the first Installment shall be made on the Initial Payment Date. In the event that the City delivers the CFO's Instructions, and/or the Hospital has not satisfied all or any of the Conditions Precedent, the City and the Hospital agree to cooperate with each other for the purpose of obtaining the CFO's Approval and/or satisfying the Conditions Precedent as soon as practicable thereafter, and payment of the first Installment shall be made on the later of the (i) Initial Payment Date, or (ii) within five (5) days of the City's delivery of written notice of the CFO's Approval and/or satisfaction of the Conditions Precedent. For the avoidance of any doubt, from and after the time of the CFO's Approval, all subsequent Installments shall be due on the applicable Payment Date, except as may be otherwise provided herein. ARTICLE 4—BOOKS AND RECORDS; INSPECTION RIGHTS 4.1 The Hospital shall maintain adequate records to justify all charges, expenses, and costs incurred which represent the (i) Grant funded portion of the ER Project, and the (ii) Fee Reimbursement, for at least three (3) years after completion of the Term of this Agreement. The City shall have access to all books, records, and documents as required in this Article for the purpose of inspection or auditing during normal business hours. 4.2 The Hospital shall maintain accounts, books and records in connection with the Grant (including, without limitation, all portions of the Grant Monies) and the Fee Reimbursement. The Hospital shall use reasonable commercial efforts to maintain such accounts, books and records in such a manner that it will not be unduly costly or difficult for the City, during a City Inspection (as defined herein), to segregate, ascertain or identify the use of Grant Monies and/or the Fee Reimbursement to determine Hospital Compliance, determine compliance with the Fee Reimbursement, or to otherwise determine the Hospital's compliance with the other terms and conditions of the Grant (including, without limitation, ongoing compliance with the Additional Benefits). {36800560;2} 5 • 4.3 The City shall have inspection and audit rights to determine compliance with items in Section 4.2 hereof(the "City Inspection") as follows: (i) At any time during the Term of this Agreement, the City or its designated agent may examine, in accordance with generally accepted accounting principles, all records directly or indirectly related to the Grant for the purpose of determining Hospital Compliance, or compliance with any of the other items delineated in Section 4.2; provided, however, that in the event the City should become involved in a legal dispute with a third party arising in connection with this Agreement, the Hospital shall extend the period for City Inspection until the final disposition of the legal dispute or such other time as the Parties may agree. (ii) Any City Inspection shall be (A) subject to the City providing the Hospital with three (3) business days prior written notice thereof; and (B) performed during the regular business hours of the Hospital on regular business days of the Hospital. ARTICLE 5—BREACH, OPPORTUNITY TO CURE AND TERMINATION (a) Each of the following shall constitute a default by the Hospital: (1) If the Hospital uses all or any portion of the Grant Monies for costs not associated with the ER Project, or the Hospital uses all or any portion of the Fee Reimbursement for purposes other than to reimburse Hospital for costs incurred for City building permit fees for the Hospital Improvements, and the Hospital fails to cure its default within thirty (30) days after written notice of the default is given to the Hospital by the City; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to ninety (90) days following the date of the original notice if within thirty (30) days after such written notice the Hospital commences diligently and thereafter continues to cure. (2) If the Hospital shall breach any of the other covenants or provisions in this Agreement, and the Hospital fails to cure its default within thirty (30) days after written notice of the default is given to the Hospital by the City; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to ninety (90) days following the date of the original notice if within thirty (30) days after such written notice the Hospital commences diligently and thereafter continues to cure. (b) Remedies: (1) Upon the occurrence of a default as provided in Section 5(a), and such default is not cured within the applicable grace period, the City, in addition to all other remedies conferred by this Agreement, shall be entitled to reimbursement by the Hospital of the Grant Monies and/or Fee Reimbursement, in whole or in part, as shall be determined by the City in its sole discretion; provided, however, that if the Parties have negotiated the final terms of the Additional [36800560;2; 6 Benefits and the Hospital has commenced performance of the Additional Benefits subject to those terms, but subsequently defaults on its obligation to provide any or all of such Benefits, then the City's remedies for such default shall be limited to those provided in Section 5(b)(2) hereof. (2) The City may institute litigation to recover damages for any default or to obtain any other remedy at law or in equity (including specific performance, permanent, preliminary or temporary injunctive relief, and any other kind of equitable remedy). (3) The rights and remedies of the City are cumulative and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default. (4) Any failure of the City to exercise any right or remedy as provided in this Agreement shall not be deemed a waiver by the City of any claim for damages it may have by reason of the default. (5) Upon the occurrence of a default by the Hospital which remains uncured within the time periods provided in Article 5(a), the City may terminate this Agreement, upon written notice to Mount Sinai. Upon termination of this Agreement, the City shall have no further liability or obligation to the Hospital. ARTICLE 6—GENERAL PROVISIONS 6.1 The City's obligations to fund the Grant and the Fee Reimbursement to the Hospital are separate, apart and in addition to, and are not and shall not be deemed to be part of or included within any or all other financial obligations of the City to the Hospital, if any. 6.2 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, or their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to herein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 6.3 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent this Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 6.4 This Agreement may be amended only with the written approval of the Parties. {36800560;2} 7 6.5 This Agreement states the entire understanding and agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or agreements previously existing between the Parties with respect to the subject matter of this Agreement. 6.6 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. 6.7 In the event a dispute arises that the Parties cannot resolve between themselves, the Parties shall have the option to submit their dispute to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. 6.8 The City's obligation to fund all or any portion of the Grant is subject to and contingent upon such funding continuing to be allowed and permissible pursuant to applicable Florida law, as same may be amended from time to time. In the event that City's performance and obligation to the Hospital with respect to the Grant is rendered impossible by applicability of law(s), then the Parties agree that City's obligation shall be extinguished, and that neither Party shall have any further liability to the other with respect to the Grant. 6.9 In the event that the City or the Hospital institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial, appellate and post-judgment levels. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The City and the Hospital agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami-Dade County, Florida. 6.10 Any notice, consent or other communication required to be given under this Agreement shall be in writing, and shall be considered given when delivered in person or sent by facsimile or electronic mail (provided that any notice sent by facsimile or electronic mail shall simultaneously be sent personal delivery, overnight courier or certified mail as provided herein), one business day after being sent by reputable overnight carrier or 3 business day after being mailed by certified mail, return receipt requested, to the parties at the addresses set forth below (or at such other address as a party may specify by notice given pursuant to this Section to the other party): {36800560;2} 8 To: The City: To: The Hospital: City of Miami Beach Mount Sinai Medical Center 1700 Convention Center Drive 4300 Alton Road Miami Beach, FL 33139 Attn: Warner Building, 5th Floor City Manager Miami Beach, FL 33140 Attn: General Counsel 6.11 Force Majeure. Whenever a period of time is herein prescribed for the taking of any action by a Party hereunder (including, without limitation, the time periods prescribed under Article 2 hereof for payment of an Installment or a Fee Reimbursement), such Party shall not be liable or responsible for any delays (including, without limitation, any delay by the City in making an Installment Payment or a Fee Reimbursement payment), nor shall such Party be obligated to perform hereunder, nor deemed to be in default hereunder, if the required action or performance of a Party is prevented due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations or restrictions, or any other cause whatsoever beyond the control of such Party. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] {36800560;2} 9 IN WITNESS WHEREOF, the Parties hereby execute this Agreement on the date written below, to be effective as of the Effective Date. ATTEST: HOSPITAL: MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., a Florida not-for-profit corporation Vi No. IN). �}ss't Secretary: By: Oe.his C foie- Name: So r / Print Name: Title: /����,`ale. 6 c60 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 3'aji. 2014 by S'ifvea�,Stnt areal, as Yj ryes. CEO of the MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., a Florida not-for-profit corporation, on behalf of such not-for-profit corporation. They are personally known to me or produced valid Florida driver's licenses as identification. '-0 Notary Public Print Name: My Commission Expires: •.•`o�P""p�9�;•, PRISCILLA FRIEDLAND ?: ,,3: Notary Public-State of Florida My Comm.Expires Aug 23,2018) 4 %',fo :`• Commission # FF 116913 {36800560;2} 10 J IN WITNESS WHEREOF, the Parties hereby execute this Agreement on the date written below, to be effective as of the Effective Date. ATTEST: CITY: CITY OF MIAMI BEACH, FLT / Z'" municipal corporation of thy•to;,`ay° . orida By: _ By: R fael E. Granado Philip Lev::ti'e /.:' / City Clerk ����..�%%��������'t Mayor ,��,0\ D tA 444 4. 4. 1—■?:-.'" Ni , .":.#5- s ,,,, s7,..„4'x''".``_ 1,k et . 7 NCoBP ORATED= 1;.. IP ...:(3) - 474 i sC H 2 , STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 17 day of jd. , 2016, by Philip Levine, as Mayor and Rafael E. Granado, as City Clerk of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of such municipal corporation. They are personally known to me or produced valid Florid 'ver's licenses as identification. . At-A-ar Notary Public Print Name: My Commission Expires: -- --..., I t�:e o.• . LIUA CARDILLO ■ (! :t: MY COMMISSION#FF 155322 ���`: EXPIRES; 1 �x,-���Pa= August 27,20 8 ' '.F.............•. Bonded Thru Notary Public Underwriters r {36800560;2} 11 Exhibit "A" Resolution {36800560;2} 12 RESOLUTION NO. 2015-29232 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ("CITY") APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A BAYWALK EASEMENT BETWEEN MOUNT SINAI MEDICAL CENTER OF FLORIDA, A FLORIDA NOT-FOR-PROFIT CORPORATION (MOUNT SINAI), AS GRANTOR, AND THE CITY, AS GRANTEE, AS CONTEMPLATED IN RESOLUTION NO. 2014-28609 (WHICH RESOLUTION AUTHORIZED A $15,000,000 GRANT TO MOUNT SINAI MEDICAL) GRANTING THE CITY THE RIGHT TO DEVELOP, DESIGN, CONSTRUCT, OPERATE, AND MAINTAIN A PUBLIC BAYWALK ALONG THE NORTHERN AND WESTERN BOUNDARIES OF THE MOUNT SINAI PROPERTY FOR THE PUBLIC'S USE. WHEREAS, on June 11, 2014, the Mayor and City Commission approved Resolution No. 2014-28609 (the Resolution), authorizing a Grant Agreement with Mount Sinai Medical Center of Florida, Inc. (Mount Sinai), in the amount of $15,000,000 (the Grant), subject to and conditioned upon the additional conditions set forth in the Resolution including, without limitation, the successful negotiation and the final execution by the City and Mount Sinai of 1) the Grant; 2) a Lease Agreement between the City (as Lessee) and Mount Sinai (as Lessor) for the City's Emergency Management Office; and 3) a perpetual public access baywalk easement granted by Mount Sinai in favor of the City for the purpose of the City's design, construction, management, and operation of a public baywalk along the northern and western boundaries of the Mount Sinai property; and WHEREAS, the City and Mount Sinai also negotiated the following additional City benefits proferred by Mount Sinai, which benefits are enumerated in the Grant and are as follows: (I) 700 one-day parking vouchers provided to the City annually for distribution by the city to senior citizens; (II) quarterly outreach seminars provided by Mount Sinai at senior centers in the City, and (Ill) participation by Mount Sinai in programs related to health care and careers in the health care industry at schools located in the City; and WHEREAS, the City Commission, in authorizing Resolution No. 2014-28609, requested that the City Commission review and approve the final baywalk easement agreement, prior to execution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute a Baywalk Easement between Mount Sinai Medical Center of Florida, a Florida not-for-profit corporation (Mount Sinai), as grantor, and the City, as grantee as contemplated in Resolution No. 2014-28609 (which Resolution authorized a $15,000,000 grant to Mount Sinai Medical) granting the City the right to develop, design, construct, operate, and maintain a public baywalk along the northern and western boundaries of the Mount Sinai property for the public's use. PASSED and ADOPTED this q day of December, 2015. ATTEST: r / Z. ' Philip Le ine, M Rafael E. Granado, City Cle k��_•�∎``'"u���11ti 1 i:••, s . ,...., \f :.���i, APPROVED AS TO s FORM &LANGUAGE * � ��• &A FOR EXECUTION :INCQRP ()RATED) • • s c f1 2_4 1(5 ��••• �;�.�� •��_ Dote �;74,.......i.17......•••O� ; City Attorney '41 H 26 -� ,,� ��tti�������.�.�� � '' • F:\ATTO\BOUE\RESOS\Mt.Sinai Easement resolution 11-10-15.docx I MAM City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachll.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Eve A. Boutsis, Chief Deputy City Attorney Office of City Attorney, Raul Aguila DATE: December 9, 2015 SUBJECT: Mount Sinai Baywalk Easement TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ("CITY") APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A BAYWALK EASEMENT BETWEEN MOUNT SINAI MEDICAL CENTER OF FLORIDA, A FLORIDA NOT-FOR-PROFIT CORPORATION (MOUNT SINAI), AS GRANTOR, AND THE CITY, AS GRANTEE AS CONTEMPLATED IN CITY RESOLUTION 2014-28609 (WHICH RESOLUTION AUTHORIZED A $15,000,000 GRANT TO MOUNT SINAI MEDICAL) GRANTING THE CITY THE RIGHT TO DEVELOP, DESIGN, CONSTRUCT, OPERATE, AND MAINTAIN A PUBLIC BAYWALK ALONG THE NORTHERN AND WESTERN BOUNDARIES OF THE MOUNT SINAI PROPERTY FOR THE PUBLIC'S USE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Resolution. BACKGROUND Pursuant to Resolution No. 2014-28609, the City Commission authorized a grant to Mount Sinai Medical Center of Florida, Inc. (Mount Sinai), a Florida non-profit corporation, in the amount of $15,000,000, paid in annual installments over a 15-year term of $1,000,000 (the "Grant Monies"). The Grant Monies were required to be used solely for an Emergency Room (ER) Project. Agenda Item I'2 70 Date /2-7-t • Commission Memorandum Mt. Sinai Baywalk Easement Resolution December 9, 2015 Page 2 of 2 Additionally, Mount Sinai, as one of the conditions of the grant agreement, agreed to grant the City a baywalk easement along the North and Western portions of the property for the public's use. The cost of construction, design, operation, and maintenance of the baywalk would be at the City's sole expense. Mount Sinai requested a provision relating to repair of the Mount Sinai seawall, as a result of "negligence or willful misconduct" of the City, or licensees. The City did not agree to this request and it was not included in the draft baywalk easement agreement. The City Commission, in authorizing Resolution No. 2014-28609, required that the baywalk easement come back to the City Commission for final approval. CONCLUSION The Administration recommends that the City Commission adopt the Resolution authorizing the baywalk easement agreement. F:\ATTO\BOUE\Memos\Mt Sinai Baywalk Easement memorandum 11-10 edits.docx This instrument prepared by (and after recording return to): Eve A. Boutsis Chief Deputy City Attorney City of Miami Beach 1700 Convention Center Drive Fourth Floor Miami Beach, Florida 33139 (Reserved for Clerk of Court) BAYWALK EASEMENT AGREEMENT THIS DECLARATION OF RESTRICTIONS AND EASEMENT AGREEMENT ("Agreement") is made and entered into as of the day of , 2015, by and between the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (the "City"), with an address of 1700 Convention Center Drive, Miami Beach, Florida 33139, and Mount Sinai Medical Center of Florida, Inc., a Florida not-for-profit corporation ("Owner"), having an address of 4300 Alton Road, Miami Beach, Florida 33140. RECITALS: A. On June 11, 2014, the City authorized execution of a Grant Agreement with Owner, pursuant to City Resolution 2014-28609, in which Owner would receive a grant of $15,000,000 from the City, subject to, among other things, the Owner granting a perpetual public access easement to the City for the construction, operation and maintenance of a public baywalk along the waterfront boundaries of the Owner's property; and B. Owner has agreed to open to the public a pedestrian walkway ("Baywalk") within the property legally described or depicted in Exhibit A attached hereto (the "Easement Area"), subject to the terms, conditions, reservations and restrictions set forth herein. C. Owner is the owner in fee simple of the Easement Area, which is a portion of the Owner's hospital complex located at 4300 Alton Road, and commonly known as "Mount Sinai Hospital", as legally described or depicted on Exhibit B attached hereto (the "Property"). NOW, THEREFORE, in consideration of the premises, agreements and covenants set forth hereinafter, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Owner hereby agree that the foregoing recitals are true and correct and further agree as follows: 1. Grant of Easements. Owner hereby grants to the City, for the use of the City, its agents, employees, contractors, representatives and licensees, and the members of the general public (collectively, the "Easement Beneficiaries"), commencing on the Effective Date (as defined below), a permanent, non-exclusive easement through the Easement Area, subject to the (36626842;3) 180,859,495v12 066498 012300 MIA terms, conditions, reservations and restrictions set forth below. The Easement Beneficiaries shall have access to the Easement Area solely from the portions of the Baywalk located directly north and south of, and contiguous to, the Easement Area (the "Designated Paths"). In no event shall the Easement Beneficiaries, by virtue of this Agreement, have access to the Easement Area by, through, across, under or over any other portion of the Property, other than to access the Baywalk from the Designated Paths; it being agreed that the sole points of access to the Easement Area are the locations noted in the immediately preceding sentence. 2. Easement Area. At the time this Agreement is recorded, the "Easement Area" shall refer to a meandering strip of land that is fifteen feet (15') in width within the portion of the Property described or depicted in Exhibit A attached hereto. On the Effective Date (as defined below), the final and actual "Easement Area" shall refer to and shall be a strip of land that runs immediately adjacent and parallel to the westernmost boundary of the Property, east of the seawall cap, and that extends to the easternmost edge of either the pedestrian walkway proposed within the foregoing 15 foot strip of land or if a fence, wall or other barrier shall be installed east of the pedestrian walkway and within the foregoing 15 foot strip of land, then to the westernmost edge of such fence, wall or other barrier. The Easement Area shall be located east of the existing seawall along the rear of the Property, and shall commence at the southwest corner of the property, and shall continue north along the rear of the Owner's property to the northeast corner of the waterfront portion of Owner's property. The minimum width of the walkway to be installed in the Easement Area shall be 15 feet. The City shall be responsible for all costs relating to the design, permitting, and construction of the Baywalk. 3. Effective Date. The easements granted herein are expressly conditioned upon the execution of both a Grant Agreement and a Lease Agreement between Owner and City, as contemplated in City Resolution 2014-28609. Therefore, the "Effective Date" shall commence upon the final execution and delivery of both the Grant Agreement and the Lease Agreement, which should occur simultaneously to the final execution and delivery of this Agreement. 4. Use of the Easement Area. The easements granted hereunder shall be for the purposes of (i) providing the Easement Beneficiaries with a non-exclusive way of passage through the Easement Area for the permitted public uses described in paragraph 4.a. below, and (ii) allowing ingress and egress for police, maintenance/sanitation personnel and/or emergency personnel of the City for the purposes described in (and the City's performance of its obligations under)this Agreement. a. Permitted Public Uses. Owner and the City acknowledge and agree that the permitted uses of the Easement Area by the Easement Beneficiaries during the Operating Hours (as defined in paragraph 4.c. below) are as follows: jogging, walking, hiking along the bay, biking (non-motorized vehicles); and periodic and reasonable respites by the Easement Beneficiaries using the Baywalk to enjoy the view or to rest. b. Prohibited Public Uses. Owner and the City acknowledge and agree that the following uses of the Easement Area are expressly prohibited: Easement Beneficiaries loitering and consuming alcohol on the Easement Area; Easement Beneficiaries using the Easement Area for destination activities including, but not limited to, picnicking and camping; Easement Beneficiaries using the Easement Area to launch or moor any marine vessels including, but not limited to, kayaks and similar personal watercraft; Easement Beneficiaries {36626842;3} Page 2 of 11 using chairs, tents, or other temporary or permanent furniture during the Operating Hours; dogs and other pets not on leashes; and the operation of any motorized vehicles, skateboards, and scooters (except by policing authorities, maintenance/sanitation personnel and/or emergency personnel as contemplated hereunder). c. Operating Hours. The Easement Area shall be open to the general public every day from sunrise to sunset ("Operating Hours"). Access by the Easement Beneficiaries to Easement Area shall only be restricted between sunset and sunrise; and as otherwise determined by the City Manager in the event of an emergency, dangerous condition, or other circumstance that would render usage of the Easement Area a safety risk. 5. Maintenance Responsibilities. a. Easement Area. The City shall keep the Easement Area in good condition, reasonable wear and tear excepted. Except as otherwise expressly provided herein, the City shall be responsible for the maintenance and repair of the Easement Area; provided however that the Owner shall be responsible for the maintenance and repair of the Easement Area necessitated by or required as a result of the negligence of the Owner, its agents, employees, contractors, vendors, operators, representatives, licensees, or invitees, in its or their use of the Easement Area. b. Seawall. The Owner shall retain its responsibilities for the maintenance and repair of the seawall abutting the entire length of the Easement Area (the "Abutting Seawall"), in accordance with all applicable laws, codes, rules, orders, approvals and regulations of Miami-Dade County, City of Miami Beach and any other governmental or quasi- governmental agency or authority with jurisdiction over the Easement Area. 6. Utilities. Owner hereby reserves the right to temporarily restrict access to appropriate portions of the Easement Area as may be necessary for the installation, use, maintenance, repair, replacement, relocation or removal of utility facilities. Owner shall provide reasonable notice to the City Manager of any intended temporary closure; provided however that Owner shall reserve a right to temporary close appropriate areas of the Easement Area without notice in emergency circumstances when such utility facilities may cause a safety risk. 7. City's Obligations. a. Police. The City will police the Easement Area in a manner consistent with the other sections of public baywalks owned by the City, or on which the City has obtained rights of access through easement, covenant or otherwise, and which are open to the general public (hereinafter referred to as "publicly accessible baywalks in the City"). Owner agrees to submit legitimate complaints about any alleged noncompliance by the City with this requirement to the City Manager, in writing, for his/her review and appropriate action. The City's reasonable commercial efforts to enforce security measures consistent with that used in or on other sections of the publicly accessible baywalks in the City shall be accepted as satisfaction of the City's obligations under this paragraph 6.a. Any noncompliance by Owner and/or its agents, employees, contractors, vendors, operators, representatives, licensees, or invitees with any rules, regulations, ordinances or statutes applicable to the baywalk within the Easement Area shall not {36626842;3} Page 3 of 11 be a basis for any legitimate complaint about alleged City noncompliance with the Easement Area pursuant to, this paragraph 6.a. b. Sanitation. The City will, at its expense, provide removal of rubbish from the Easement Area on a twice weekly basis, not including fecal matter and vegetative debris that are the responsibility of adjacent property owner as applicable under the City Code. c. Rules and Regulations. The City Commission may adopt uniform rules and regulations concerning the hours of operation, and the permitted uses of the Baywalk (including the baywalk within the Easement Area) not materially inconsistent with the terms and provisions of this Agreement. d. FDEP licensure. Any application, either current or future, for the reconstruction, construction, alteration, renovation, or expansion of any water dependent structure west of the seawall of the Property, including, but not limited to docks, piers, platforms, davits and mooring piles, shall also include a public baywalk to ensure the construction of the Baywalk within the Easement Areas, which shall run the entire length of the rear of the subject property. The dimensions, material, access points, and design of such Baywalk, shall be subject to the review and approval of staff, with a minimum 15 foot width. To build the Baywalk within the Easement Area, and towards the existing dock area and waters under the jurisdiction of FDEP, Owner agrees to execute any necessary applications or authorizations with the Florida Department of Environmental Protection, Division of State Lands, and with any other applicable state, county, or local administrative agencies to modify any licensure to include the Baywalk, as an authorized extension, or authorized amendment to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Sovereignty Submerged Lands Lease, as may be applicable. Each party shall make a good faith effort to obtain all required permits, which shall include a joint application to the FDEP for the proposed the Baywalk, if such review is required. 8. Signage. Owner shall post signs at all access points to the Easement Area that display the Operating Hours and summarize the use restrictions described in this Agreement. 9. Reservation. Owner hereby reserves all rights of ownership in and to the Easement Area which are not inconsistent with the Agreement and rights granted herein, including, without limitation, the right to grant further easements on, over, under, and/or across such area and all other uses not interfering with the uses permitted herein. 10. City's Liability. The City will assume and defend the Owner from all liability as set forth in this paragraph 10, within the Easement Area, except for any liability arising from the negligence of the Owner, its agents, employees, contractors, vendors, operators, representatives, licensees, or invitees; and except for activities that occur from sunset to sunrise (while the Easement Area is closed to the public in accordance with paragraph 4.c. above). Nothing contained in this paragraph 10 or elsewhere in this Agreement is in any way intended to be a waiver of the limitations on the City's liability to third parties as set forth in Section 768.28, Florida Statutes; however, the limitations under said statutory provision shall not apply to the City's contractual obligations to defend Owner and to cover, pay and/or reimburse any and all costs, expenses, liabilities, claims, actions, causes of action, losses, demands and damages, including, without limitation, reasonable attorneys' fees (including the cost of in-house counsel) and disbursements at the trial level and all levels of appeal, relating to death of or injury to {36626842;3) Page 4 of 11 persons, or loss of or damage to property, incurred by Owner and occurring within the Easement Area, resulting from, arising out of, or incurred in connection with, use of the Easement Area by Easement Beneficiaries. 11. Enforcement. No action to enforce this Agreement through filing suit shall be pursued by any party to this Agreement absent 30 days prior written notice of the alleged breach, followed by an opportunity to cure, which shall be no less than 30 days in length. If the alleged breach is not cured to the satisfaction of the complaining party, the parties shall attempt in good faith to mediate the dispute. When and if mediation fails, the sole remedy for such a dispute shall be by action in Circuit Court. The substantially prevailing party shall be entitled to attorney's fees and costs. For all other provisions of this Agreement, when and if mediation fails, enforcement shall be with a Court of competent jurisdiction in and for Miami-Dade County. 12. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon Owner, and its successors and assigns, except that Owner or such successor or assignee, as the case may be, shall be released from all future obligations hereunder upon conveyance of its interest in the Easement Area; provided, however, that any such transferee of Owner or its successor or assignee, as the case may be, shall be bound by all terms and conditions of this Agreement. The easements hereby granted and the requirements herein contained are intended as, and shall be, covenants running with the land with respect to and binding on the Easement Area. This Agreement shall inure to the benefit of and be binding upon the City, and the City shall not be permitted to assign, transfer or convey all or any part of its rights and interests under this Agreement (including its rights and interests in and to the easements granted hereunder), except to a successor municipal corporation; provided, however, that nothing herein shall be deemed a limitation on the City's right to permit the Easement Beneficiaries to use the Easement Area, subject to and in accordance with the terms of this Agreement. 13. Amendments; Termination. This Agreement may not be amended, modified or terminated except by written agreement of the City and all of the then fee owner(s) of the Easement Area, provided that with respect to any portion of the Easement Area for which a condominium, property owner's or master association then exists, the written agreement of such association (and its mortgagee, if any) shall be required in lieu of the fee owner(s) thereof and their mortgagees. No modification or amendment of this Agreement shall be effective unless in writing and recorded in the Public Records of Miami-Dade County, Florida. 14. Consent. The City agrees to give its consent in any mortgage, lien, security interest, or other similar encumbrance that Owner may enter into on the Property, which requires the consent or joinder of the City as the Grantee to this Agreement, so long as such consent does not unreasonably interfere with the purposes of the easements granted herein. 15. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform (each such event is referred to herein as a "Force Majeure Event"), excluding the financial inability of such party to perform, shall excuse the performance by such party for a period of time equal to any such period of prevention, delay or stoppage. Any party {36626842;3} Page 5 of 11 seeking to invoke this paragraph shall provide written notice to the other party as soon as reasonably practicable under the circumstances. 16. Miscellaneous. a. Closures. No breach of the terms set forth in this Agreement shall result in the closure or reverter of the public access to the Easement Area provided for herein, except for temporary closure as provided in paragraphs 6.a. and 6.c. above. b. Counterparts. This Agreement may be executed in any number of counterparts and by the separate parties hereto in separate counterparts, each of which shall be deemed an original, but all of which (when taken together) shall constitute one and the same instrument. c. Construction. Reference to any paragraph, section, exhibit, or subpart thereof, unless otherwise provided, shall refer to this Agreement. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and reference to any particular gender shall be held to include every other and all genders. Use of the term "including" shall mean "including, without limitation". Each of the parties hereto and their counsel have reviewed and revised, or requested revisions to, this Agreement, and the usual rule of construction that any ambiguities are to be resolved against the drafting party shall be inapplicable in the construction and interpretation of this Agreement and any amendments or exhibits to this Agreement. d. Titles of Paragraphs and Sections. The titles of the several parts, paragraphs and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. Estoppel Certificates. Upon the prior written request of either party, the other party hereto shall furnish the requesting party an estoppel certificate reasonably satisfactory to the requesting party. f. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: If to the City at: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Jimmy Morales, City Manager (36626842;3} Page 6 of 11 With a copy to: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Raul Aguila, City Attorney Tel: 305-673-7470 ext 6471 Fax: 305-673-7002 RaulAguila @miamibeachfl.gov If to the Owner: Arnie Jaffee Senior Vice President and General Counsel Mount Sinai Medical Center Warner Building, 5th Floor 4300Alton Road Miami Beach, FL 33140 Telephone: 305-674-2444 Facsimile: 305-674-2007 e-mail: ajaffee @msmc.com With a copy to: Outside Counsel Neisen O. Kasdin Akerman LLP One Southeast Third Avenue 25th Floor Miami,FL 33131 Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in the U.S. Mail. g. Governing Laws. The laws of the State of Florida shall govern the interpretation, validity, performance and enforcement of this Agreement. Venue for any action brought hereunder shall be proper exclusively in Miami-Dade County, Florida. h. Exhibits. All of the Exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. EXECUTED as of the date and year first above written. {36626842;3) Page 7 of 1 1 SIGNED, SEALED AND DELIVERED THE CITY OF MIAMI BEACH, IN THE PRESENCE OF: FLORIDA, a Florida municipal corporation By: Name: Name: Attest: By: , City Clerk Approved as to form and language and for execution: fi - 2_4=q5 City Attorney,�,V, Dated STATE OF FLORIDA. ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of 2015 by Jimmy Morales, City Manager, respectively, for the City of Miami Beach, Florida, on behalf of the City. By: Signature of Notary Public My Commission Expires: Printed, typed or stamp {36626842;3} Page 8 of 11 SIGNED, SEALED AND DELIVERED MOUNT SINAI MEDICAL CENTER OF IN THE PRESENCE OF: FLORIDA,INC., a Florida nonprofit corporation Name: By: Name: Title: President Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me this day of November, 2015 by , as President and on behalf of Mount Sinai Medical Center of Florida, Inc., a Florida nonprofit corporation, on behalf of the corporation. By: Signature of Notary Public My Commission Expires: Printed, typed or stamp F:\ATTO\BOUEICONTRACTS\Mt Sinai Baywalk Easement with City[RAUL'S EDITS 1 1-23-15].docx {36626842;3} Page 9 of 11 COMPOSITE EXHIBIT A LOCATION OF EASEMENT AREA {36626842;3} Page 10 of 11 LEGAL DESCRIPTION (EASEMENT AREA") BEING AN EASEMENT 15 FEET IN WIDTH LYING IN SECTION 22,TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, MIAMI DADE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE QUARTER(SW'/)OF SECTION 22,TOWNSHIP 53 SOUTH, RANGE 42 EAST,WHICH IS THE SOUTHEAST CORNER OF GOVERNMENT LOT 4,TOWNSHIP 53.SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE WESTERLY ALONG.THE SOUTH LINE OF SAID SECTION 22,THE BEARING OF SAID SOUTH LINE BEING S 88°18'00"W AS SHOWN ON A PLAT ENTITLED"MAP OF THAT PORTION OF TOWNSHIP 53 SOUTH, RANGE 42 EAST, LYING BETWEEN BISCAYNE BAY AND THE ATLANTIC OCEAN IN MIAMI-DADE COUNTY, FLORIDA, BLISS AND WATSON, ENGINEERS, DATED FEBRUARY 1918", AS RECORDED IN PLAT BOOK 5 AT PAGE 40 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, A DISTANCE OF 356.19 FEET TO A POINT;THENCE N09°37'00"E, A DISTANCE OF 268.77 FEET;THENCE N24°22'43"W,A DISTANCE OF 15.00 FEET TO STATION 194+94.0426(BACK)OF THE CONSTRUCTION CENTERLINE OF STATE ROAD 25, AS SHOWN ON A FLORIDA STATE ROAD RIGHT OF WAY MAP ENTITLED"RIGHT-OF-WAY MAP SEC. 8709-402, SR 25 MIAMI-DADE COUNTY, FLORIDA", REVISED AS OF AUGUST 7, 1958, SHEETS 1 AND 2; THENCE S65°37"17"WEST,A DISTANCE OF 1456.78 FEET TO THE POINT OF CURVATURE(P.C.). OF A CIRCULAR CURVE(CENTERLINE OF CONSTRUCTION EQUALS 180+37.2656;THENCE SOUTHWESTERLY ALONG THE CENTERLINE OF CONSTRUCTION OF STATE ROAD 25,ALONG THE ARC OF A CIRCULAR CURVE DEFLECTING TO THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 25°25 1'34",A RADIUS OF 3819.72 FEET,A DISTANCE OF 1695.07 FEET TO THE POINT OF TANGENCY(PT)OF SAID CURVE; THENCE N88°57'09"W,TANGENT TO THE LAST MENTIONED CIRCULAR CURVE,ALONG THE CENTERLINE OF CONSTRUCTION OF STATE ROAD 25,A DISTANCE OF 573.19 FEET TO A POINT, SAID POINT BEING STATION 157+69 ON THE CENTERLINE OF CONSTRUCTION OF STATE ROAD 25; THENCE ALONG A LINE DEFLECTING 90° TO THE RIGHT, N01°02'51"E A DISTANCE OF 116.00 FEET TO THE INTERSECTION WITH THE • NORTHERLY RIGHT OF WAY LINE INTERSTATE-195/STATE ROAD NO. 25(A,K.A.JULIA TUTTLE CAUSEWAY: THENCE S88°57'09"E ALONG SAID NORTHERLY RIGHT OF WAY,A DISTANCE OF 79.29 FEET TO THE POINT OF BEGINNING SAID POINT OF BEGINNING ALSO BEING THE POINT OF CURVATURE(PC)OF A NON-TANGENT CURVE;. THE FOLLOWING SEVEN(7)COURSES ARE ALONG THE WESTERLY PROLONGATION OF AND THE SOUTHEASTERLY FACE OF AN EXISTING SEAWALL; (1).THENCE ALONG SAID NON TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 561.21 FEET,THE CHORD WHICH BEARS N62°41'49"E,THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF . • 394.89 FEET THROUGH A CENTRAL ANGLE OF 40°18'55; (2)THENCE N42°32'21"E A DISTANCE OF • 1145.48 FEET; (3)THENCE N48°47'25"E A DISTANCE OF 1000.33 FEET; (4)THENCE N52°44'19"E A DISTANCE OF 293.67 FEET(5)TO THE BEGINNING OF A CURVE CONCAVE TO THE .NORTHWEST HAVING A RADIUS OF 227.00 FEET,THE CHORD WHICH BEARS N45°31'16"E, THENCE ALONG THE ARC OF SAID CURVE.A DISTANCE OF 57.19 FEET THROUGH A.CENTRAL ANGLE OF 14°26'06"(6)TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE • SOUTHEAST HAVING A RADIUS OF 77.72 FEET THE CHORD WHICH BEARS N57°24'12"E,THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 51.82 FEET THROUGH A CENTRAL ANGLE OF 38°11'56"; (7)THENCE N78°08'38"E A DISTANCE.OF 149.42 FEET; THENCE S 86°11'38"E A DISTANCE OF 224.43 FEET TO THE RIGHT OF WAY LINE OF NORTH.BAY ROAD; THENCE • N73°19'02"E ALONG SAID RIGHT OF WAY A DISTANCE OF 43.64 FEET TO A POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 10.00 FEET,THE CHORD WHICH BEARS S 57°43'43"E,:THENCE CONTINUE ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF SAID CURVE A DISTANCE OF 12.41 FEET THROUGH A CENTRAL ANGLE OF 71°05'35"; TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 343.23 FEET THE CHORD WHICH BEARS S22°42'18"E,THENCE CONTINUE ALONG SAID WESTERLY RIGHT OF WAY AND THE ARC OF SAID CURVE A DISTANCE OF 6.27 FEET THROUGH A CENTRAL ANGLE OF 01°02'45"; • • THE FOLLOWING NINE(9)COURSES LYING 15 FEET SOUTHERLY OF AND PARALLEL WITH THE PREVIOUSLY DESCRIBED NINE (9)COURSES (FROM THE POINT OF BEGINNING); (1)THENCE S73°19'02"W A DISTANCE OF 54.64 FEET; (2)THENCE N86°11'38"W A DISTANCE OF 225.07 FEET; (3)THENCE S78°08'38"W A DISTANCE OF 147.13 FEET;(4)TO A POINT CURVATURE OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 62.72FEET,THE CHORD WHICH BEARS S57°18'37"W,THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 41.61 FEET THROUGH A CENTRAL ANGLE OF 38°00'48"; (5)TO A POINT OF REVERSE CURVATURE OF • A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 242.00 FEET THE CHORD WHICH BEARS S45°31'16"W,THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 60.97 FEET THROUGH A CENTRAL ANGLE OF 14°26'06 (6)THENCE S52°44'19"W A DISTANCE OF 293.15 FEET; (7)THENCE S48°47'25"W A DISTANCE OF 998.99 FEET; (8)THENCE S42°32'21"W A DISTANCE OF 1144.66 FEET, (9)TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 576.21 FEET THE CHORD WHICH BEARS S59°05'10"W, THENCE ALONG THE ARC OF SAID CURVE A.DISTANCE OF 332.82 FEET THROUGH A CENTRAL ANGLE OF 33°05'37";. THENCE N88°57'09"W A DISTANCE OF 73.18 FEET TO THE POINT OF BEGINNING. . CONTAINING 49,931 SQUARE FEET OR 1.1 ACRES MORE OR LESS. • COMPOSITE EXHIBIT B LEGAL DESCRIPTION OF PROPERTY AND SURVEY {36626842;3} Page 11 of 11 441:4;0• S Qo®vew®.aee®w-o �eMoitrolAo®l 4.4-E 1 os �i irk! 58 9fl MFIi i 'I ' 'ijjj!P !U'HhIIII! iU!iIt!!{ i O pH pil li ill '6 liss a m i 6 141 Mill 6!'6 :ii.1 '1,1 IX g d 10 11!d 21 I 1 �1� isa ; Ili 1' 6.0441®oeo 8e®®em®ae0040.00194004,90 0 i'fill' IIWUflWIWII'I1Ifl1IW !!9I pas li ' s l! Ifl1 1 1 0! .a 0 c=ll 1 11418 1 �e 16 V O M LU fl n 8 j; m •y 1 mt .',+�I 0 ,,'x' Y -, m o-cicg v co ..'''"t, \ 11 •1 x,` ,. D Q ," �• >,.. .; _ _ N, D rr, C D . fir'. : .. C7 F M t14 -Z.f,;-,,,4..—:;:.„,li't-i,•,:',:l.::i;"'"I Z m CA --1 r i. t.g.,.2:5.4F,:.,:si..,f.;:;/:: :,,,:.:-r17.E.:1:1 I z „I K :--r- ..,40... .._1 0 m . Z •= AR `3 � :1a1i�R 7lp1 t:'�iSyiGi7AIF���� �11•~ R I! ii!1I!I ! 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' ,-,. 4tr- 1 : '....::',..,..._:_.L._•.....••.."-.':•. .-1 ____________ .__ •Aii. si- :.,-;;-_--c-;--.-;•--,------ - - ----- ---7----- ----"°' .L.;:•".fi:, .•7.,-,.Q..zivi..,. .,r...,r..,.i../7,1:.;?-1 ..,,,,f,..,,,, ••,),•,... .4.,\-i.i..'41./../ "TV/I 11..1.1:1•N cli g .P. . 1 . 1 . ' . . . . COMPOSITE EXHIBIT B LEGAL DESCRIPTION OF PROPERTY AND SURVEY I (36626842;3) Page 11 of 11 i LEGAL DESCRIPTION("PROPERTY") . COMMENCING AT A CONCRETE MONUMENT AT SOUTHEAST CORNER OF THE SOUTHWEST ONE QUARTER(SW'/)OF SECTION 22,TOWNSHIP53 SOUTH, RANGE 42 EAST,WHICH IS THE SOUTHEAST CORNER OF GOVERNMENT LOT 4, TOWNSHIP 53 SOUTH;RANGE 42.EAST, MIAMI- DADE COUNTY, FLORIDA, RUN WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 22, THE BEARING OF SAID SOUTH LINE BEING SOUTH 88 DEGREES 18 MINUTES WEST AS SHOWN ON A PLAT.ENTITLED"MAP OF THAT PORTION OF TOWNSHIP 53 SOUTH, RANGE 42 EAST, LYING BETWEEN BISCAYNE BAY AND THE ATLANTIC OCEAN IN MIAMI-DADE COUNTY, FLORIDA, BLISS AND WATSON, ENGINEERS, DATED FEBRUARY 1918",AS RECORDED IN PLAT BOOK 5 AT PAGE 40 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, A DISTANCE OF 356.19 FEET • TO A POINT; THENCE RUN NORTH 09 DEGREES 37 MINUTES EAST,A DISTANCE OF 268.77 FEET;THENCE RUN NORTH 24.DEGREES 22 MINUTES 43 SECONDS WEST,A DISTANCE OF 15.0 FEET TO STATION 194+94.0426(BACK)OF THE CONSTRUCTION CENTERLINE OF STATE ROAD 25,AS SHOWN ON A FLORIDA STATE ROAD RIGHT OF WAY MAP ENTITLED"RIGHT-OF-WAY MAP SEC. 8709-402, SR 25 MIAMI-DADE COUNTY, FLORIDA", REVISED AS OF AUGUST 7, 1958, SHEETS 1 AND 2; THENCE RUN SOUTH.65 DEGREES 37 MINUTES 17 SECONDS WEST,A DISTANCE OF 1456.7770 FEET TO THE POINT OF CURVATURE(P.C.)OF A CIRCULAR CURVE(CENTERLINE OF CONSTRUCTION EQUALS 180+37.2656); THENCE RUN SOUTHWESTERLY ALONG THE CENTERLINE OF CONSTRUCTION OF STATE ROAD 25,ALONG THE ARC OF A CIRCULAR CURVE DEFLECTING TO THE RIGHT, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 25 DEGREES 25 MINUTES 34 SECONDS,A RADIUS OF 3819.72 FEET,A DISTANCE OF 1695.0747 FEET TO THE POINT OF TANGENCY(PT)OF SAID CURVE; THENCE RUN NORTH 88 DEGREES 57 MINUTES 09 SECONDS WEST,TANGENT TO THE LAST MENTIONED CIRCULAR CURVE, ALONG THE CENTERLINE OF CONSTRUCTION OF STATE ROAD 25, A DISTANCE OF 573.19 FEET TO A POINT, SAID POINT BEING STATION 157+69 ON THE CENTERLINE OF CONSTRUCTION OF STATE ROAD 25; THENCE RUN ALONG A LINE DEFLECTING 90 DEGREES TO THE RIGHT, NORTH 01 DEGREES 02 MINUTES 51 SECONDS EAST,A DISTANCE OF 11.6.0:FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED, SAID POINT OF BEGINNING ALSO BEING THE POINT OF CURVATURE.(PC)OF A CIRCULAR CURVE; • THENCE RUN NORTHEASTERLY ALONG THE EASTERLY SHORE OF BISCAYNE BAY,ALONG THE ARC OF A CIRCULAR CURVE.DEFLECTING TO THE LEFT, HAVING FOR ITS ELEMENTS.A CENTRAL ANGLE OF 48 DEGREES 24 MINUTES 18 SECONDS, A RADIUS OF 556.210 FEET,A DISTANCE OF 469.90 FEET TO THE POINT OF TANGENCY(PT)OF SAID CIRCULAR CURVE,THE • SOUTHERLY TANGENT OF SAID CIRCULAR CURVE HAVING A BEARING OF SOUTH 88 DEGREES • 57 MINUTES 09 SECONDS EAST; (BEARING OF CHORD BEING NORTH 66 DEGREES 50 MINUTES • 42.SECONDS EAST, CHORD DISTANCE BEING.456.05 FEET); THENCE RUN NORTHEASTERLY, NORTH 42 DEGREES 38 MINUTES 30 SECONDS EAST, TANGENTTO SAID CIRCULAR CURVE,A DISTANCE OF.1146.608 FEET TO A POINT, SAID POINT BEING THE NORTHWESTERLY CORNER OF A PARCEL OF SUBMERGED LAND(NOW FILLED) DEEDED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF • FLORIDA TO THE ALTON BEACH REALTY COMPANY; DEED NO. 16801, DATED SEPTEMBER 9, 1919-COMPRISING 2.1.5 ACRES, MORE OR LESS;ALSO DESCRIBED IN DEED BOOK 2277,PAGE • 133, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FROM MIAMI BEACH BAY SHORE COMPANY TO THE UNITED STATE OF AMERICA, RECORDED MARCH 23, 1943; THENCE RUN NORTH 48 DEGREES 51 MINUTES 00.3 SECONDS EAST, A DISTANCE OF 1006.079 FEET TO A POINT; . THENCE RUN NORTH 52 DEGREES 47 MINUTES 05.56 SECONDS EAST,A DISTANCE OF 302.87 FEET TO.A POINT ON THE NORTHERLY LINE OF LOT 41, BLOCK 1, NAUTILUS SUBDIVISION AS RECORDED IN PLAT BOOK 8, PAGE 95 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THENCE RUN IN A NORTHEASTERLY DIRECTION, MEANDERING THE NORTHWESTERLY LINE OF LOT 41,A DISTANCE OF 93 FEET, PLUS OR MINUS. THE CHORD OF THE AFOREMENTIONED MEANDER LINE, CONCAVE TO THE SOUTHEAST, HAVING A BEARING OF NORTH 51 DEGREES, 41 MINUTES 56 SECONDS EAST AND A DISTANCE OF 92.03 FEET; THENCE RUN NORTH 77 DEGREES 57 MINUTES 59 SECONDS EAST,ALONG THE NORTHERLY LINE OF SAID LOT 41, A DISTANCE OF 144.75 FEET TO A POINT, SAID POINT BEING THE SOUTHWESTERLY CORNER OF LOT 40, BLOCK 1 OF THE AFOREMENTIONED NAUTILUS SUBDIVISION; THENCE RUN SOUTH 86 DEGREES 11 MINUTES 38 SECONDS EAST,ALONG THE SOUTH LINE OF SAID LOT 40,A DISTANCE OF 229.31 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 40, SAID POINT BEING ON THE WESTERLY LINE OF NORTH BAY ROAD AS SHOWN ON AFOREMENTIONED PLAT OF NAUTILUS SUBDIVISION; THENCE RUN NORTH 73 DEGREES 19 MINUTES 02 SECONDS EAST, ALONG THE SOUTHERLY LINE OF SAID NORTH BAY ROAD,A DISTANCE OF 43.64 FEET TO A POINT ON A CIRCULAR CURVE; . THENCE DEFLECTING TO THE RIGHT RUN ALONG THE ARC OF THE LAST MENTIONED CIRCULAR CURVE, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 71 DEGREES 05 MINUTES 35 SECONDS,A RADIUS OF 10.0 FEET(BEARING OF CHORD BEING SOUTH 57 DEGREES 43 MINUTES 43.5 SECONDS EAST, CHORD DISTANCE BEING 11.63 FEET),A DISTANCE OF 12.41 FEET TO THE POINT OF REVERSE CURVATURE(PRC)OF A CIRCULAR CURVE; THENCE DEFLECTING TO THE LEFT, RUN ALONG THE ARC OF A.CIRCULAR CURVE, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 7 DEGREES 02 MINUTES 04 SECONDS,A RADIUS OF 343.23 FEET, (BEARING OF CHORD BEING SOUTH 25 DEGREES 41 MINUTES 58 SECONDS EAST, CHORD DISTANCE BEING 42.12 FEET),A DISTANCE OF 42.14 FEET TO THE POINT OF COMPOUND CURVATURE(PCC)OF A CIRCULAR CURVE; THENCE DEFLECTING TO THE LEFT RUN ALONG THE ARC OF THE LAST MENTIONED CURVE, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 19 DEGREES 43 MINUTES 00 SECONDS,A RADIUS OF 660.00 FEET, (BEARING OF CHORD BEING SOUTH 39 DEGREES 04 MINUTES 30 SECONDS EAST, CHORD DISTANCE BEING 226.0 FEET),A DISTANCE OF 227.11 FEET TO A POINT, SAID POINT BEING AT THE INTERSECTION OF A CIRCULAR CURVE, SAID POINT ALSO BEING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF AFOREMENTIONED NORTH BAY.ROAD WITH THE WESTERLY RIGHT-OF-WAY LINE OF RAMP"D"-STATE ROAD 25; THENCE DEFLECTING TO THE RIGHT RUN ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE OF RAMP"D"OF STATE ROAD 25,ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE WEST, HAVING FOR ITS ELEMENTS,A CENTRAL ANGLE OF 02 DEGREES 15 MINUTES 58 SECONDS,A RADIUS.OF 671.56 FEET,(BEARING OF CHORD BEING SOUTH 28 DEGREES 20 MINUTES 58 SECONDS WEST, CHORD DISTANCE BEING 26.56 FEET),A DISTANCE OF 26.56 FEET TO THE POINT OF TANGENCY(PT)OF SAID CURVE; . THENCE CONTINUE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF RAMP"D"OF STATE ROAD 25, RUN SOUTH 29 DEGREES 28 MINUTES 45 SECONDS WEST,TANGENT TO THE LAST MENTIONED CIRCULAR CURVE,A DISTANCE OF 350.864 FEET TO THE POINT OF TANGENCY (PT)OF A'CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE CONTINUE ALONG THE AFOREMENTIONED RIGHT-OF-WAY LINE, RUN ALONG THE ARC OF THE LAST MENTIONED CIRCULAR CURVE, HAVING FOR ITS ELEMENTS.A CENTRAL ANGLE • OF 01 DEGREES 26 MINUTES 42 SECONDS, A RADIUS OF 914.51 FEET,A DISTANCE OF 23.07 FEET TO A POINT; (BEARING OF CHORD BEING SOUTH 28 DEGREES 45 MINUTES 23.5 SECONDS WEST, CHORD DISTANCE BEING 23.07 FEET); THENCE CONTINUE ALONG THE AFOREMENTIONED RIGHT-OF-WAY,ALONG A LINE RADIAL TO THE LAST MENTIONED CIRCULAR CURVE, RUN NORTH 61 DEGREES, 57 MINUTES 58 SECONDS WEST,A DISTANCE OF 20.0 FEET TO A POINT, SAID POINT BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE RUN ALONG THE ARC OF THE LAST MENTIONED CURVE CONCAVE TO THE SOUTHEAST, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 17 DEGREES 21 MINUTES 16 SECONDS,A RADIUS OF 934.51 FEET(BEARING OF CHORD BEING.SOUTH 19 DEGREES 21 MINUTES 24 SECONDS WEST. CHORD DISTANCE BEING.281.98 FEET), A DISTANCE OF 283.06 FEET TO A POINT; THENCE DEFLECTING TO THE RIGHT RUN NORTH 60 DEGREES 04 MINUTES 14 SECONDS WEST,ALONG THE AFOREMENTIONED RIGHT-OF-WAY LINE,A DISTANCE OF 21.12 FEET TO A POINT; THENCE RUN NORTH 56 DEGREES 37 MINUTES 29 SECONDS WEST,A DISTANCE OF 2.20 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE.TO THE SOUTHEAST; THENCE CONTINUE ALONG AFOREMENTIONED•RIGHT-OF-WAY LINE, RUN ALONG THE ARC OF THE LAST MENTIONED CIRCULAR CURVE, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 08 DEGREES 40 MINUTES 07 SECONDS, A RADIUS OF 956.51 FEET(BEARING OF CHORD BEING SOUTH 06 DEGREES 48 MINUTES 47 SECONDS WEST, CHORD DISTANCE BEING 144.57 FEET),A DISTANCE OF 144.72 FEET TO THE POINT OF TANGENCY(PT)OF THE LAST MENTIONED CIRCULAR CURVE; THENCE RUN SOUTH 02 DEGREES 28 MINUTES 43 SECONDS WEST, ALONG THE NORTHWESTERLY RIGHT-OF-WAY LINE OF RAMP"D" OF STATE ROAD 25, ALONG ALINE TANGENT TO THE LAST MENTIONED CIRCULAR CURVE,A DISTANCE OF 136.207 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHWEST; THENCE CONTINUE ALONG THE ABOVE MENTIONED RIGHT-OF-WAY LINE;ALONG THE ARC OF THE LAST MENTIONED CIRCULAR CURVE, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 49 DEGREES 39 MINUTES 02 SECONDS, A RADIUS OF 687.34 FEET(BEARI.NG.OF CHORD BEING SOUTH 27 DEGREES 42 MINUTES 01 SECONDS WEST. CHORD DISTANCE BEING 577.16 FEET), A DISTANCE OF 595.624 FEET TO A POINT; . THENCE RUN SOUTH 66 DEGREES 27 MINUTES 37 SECONDS WEST ALONG THE SAID . NORTHWESTERLY RIGHT-OF-WAY LINE.OF RAMP"D"OF STATE ROAD 25 AND THENCE ALONG THE NORTHERLY LIMITED ACCESS LINE OF STATE ROAD 25(JULIA TUTTLE CAUSEWAY):,A DISTANCE OF 259.38 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST; THENCE RUN ALONG THE SAID NORTHERLY LIMITED ACCESS LINE OF STATE ROAD 25, ALONG • THE ARC OF THE LAST MENTIONED CIRCULAR CURVE, HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 22 DEGREES 28 MINUTES 01.51 SECONDS, A RADIUS OF 3703.72 FEET.(BEARING OF CHORD BEING SOUTH 79 DEGREES 48.MINUTES 50.24 SECONDS WEST, CHORD DISTANCE BEING 1443.03 FEET),A DISTANCE OF 1452.32 FEET TO A POINT, SAID POINT BEING THE POINT • OF TANGENCY(PT)OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST; • THENCE RUN NORTH 88 DEGREES 57 MINUTES 09 SECONDS WEST,ALONG THE SAID • • NORTHERLY LIMITED ACCESS LINE OF STATE ROAD 25', A.TANGENT TO THE LAST MENTIONED • CIRCULAR CURVE, A DISTANCE OF 573.19 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED. • • • • r z m • 0 o = )- a • CI o ? 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INei1 • Lplvp °� 4b ; rk 1 f �H a}j a e a $ 3Q =11 f - a gg �•� 8y i ea �' g gQ H ° �� _ o ff Q.` a:44 e o 111011 � �g� �� •9�� t _Ie 1a� 1 I�g�a � ag��g a�p 1� Q 6��.E�7 H P� a�w a� � g ga a�a” �H,� aa-: nQ i:, !���E�lb'$8 � ;;�� � g. ��ai � sH� ��-- �pax 1„LJ�1 , , , tl, b a b d 0` 8'1 a 14 h t + '8 Q g i ca 11• a iii il Q L Q•1111; . e, evi: a bah 113 3 111 b0 N a Vi 8 b g 66.. i b Otis fi ill i •Ib6,1 tkogfl(?1 I t lg 14K t. 1iis 14:�il a e ! a.! t 411 1 g f ee i it ; tl di a h fir' 8 i 13.1lig b,3@ 4 i I Exhibit "B" Additional City Benefits 1. 700 One-Day Parking Vouchers provided by Mount Sinai Medical Center to the City of Miami Beach annually for distribution by the City to Senior Citizens. 2. Quarterly Outreach Seminars provided by Mount Sinai Medical Center at Senior Centers in the City of Miami Beach. 3. Participation by Mount Sinai Medical Center in programs related to health care and careers in the health care industry at schools located in the City of Miami Beach. {37037052;1} 1