Land & Water Conservation Fund Program
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIU
CFN 2006R0600333 OR BK 2~5&3 P9S 13~3 - 1364; (22p9S;
RECORDED 06/02/2006 12=35=59
HARVEY RUVItl, CLERK OF COURT, MIAMI-DADE COUNTY, FLQRIDA
NOTICE OF LIMITATION OF USE/
SITE DEDICATION
/002-.:<r;-CjD 7
.:< 00;2-.2 'f 7 s:'7
LAND AND W ATER CONSERVATION FUND PROGRAM
This Notice of Limitation of Use/Site Dedication gives notice that the Real
Property identified in the project agreement and the boundary map, attached
hereto as Exhibits "A" and "B," respectively (the "Property"), has been acquired
by or developed with Federal financial assistance provided by the National Park
Service of the Department of the Interior in accordance with the Land and Water
Conservation Fund Act of 1965, as amended. Pursuant to requirements of that
law, this property may not be converted to other than public outdoor recreation
uses (whether by transfer, sale, or in any other manner) without the express
written approval of the Secretary of the Interior. By law, the Secretary shall
approve such conversion only if he finds it to be in accord with the existing
Statewide Comprehensive Outdoor Recreation Plan and only upon such
conditions as he deems necessary to assure the substitution of other recreation
properties of at least equal fair market value and of reasonably equivalent
usefulness and location.
DEDICATOR
Cl'l'-f mAN AC.,\cr.C...
Title
~
' . ess._ -' Sl-ttU
Printed Name:J U 0'1 rtuA.-N.
~/1 {J~~
1 ess
Printed Name: ()A!?-!Z'/ (). L,>/t:.c.U~')::.1
,
'~
.'~
(~gina@)nature ~
:rul4:--\C t'Y\.. do J--J2.r:\ L~2..
Printed name
STATE OF FLORIDA
COUNTY OF M j kH i bA-bL doL( of ~ ne.., ,J.)JClf
The foregoing instnurient was acknowledged before me this),J by
'~r~ Gc~\ "2..e\.e:"L.. , who is personally known to me or who produced
as identification.
Stamp:
'~ 1\\\,,\11111111111'
~'~~\..IJPE C. 41111"
tate of Florida $'~,:..~~iSSiO;\1.;"~~;%
~ . -.-; .. ':.t.. ~n ~
.... .~\J'"' ~'\(\Uera ~ .U. .,
:: l::;:~' .~ ~\ ~
:*. CJj ~ (fl. :.
::::: ..... :*=
~%., . -
:?"O," #OD353671 : ~$
.... -- . ~ . ~~
~~;..'Ol~ao,laed~~ ~...~~
.~. lo:.."t'blic u~~..' ~..;?~
"'~.. ,l/l)l,...".... 0<< #
.':.. ; .'c sn.ii.. 1l.""
. '111/1I11l'\\\~
FPS-A038
Revised (051/05)
STATE OF FLORIOA, COUNty OF DAOE
I HEREBY CERTIFY that this IS a t"j! ~y of tile
ong'~ in this offIce on {La ~aJ of
;::J CA.I\L..J , A 0 20 Q~
WITNESS my hand al'd OffiCIal Seal.
HARV RUVlN. CLER . ffClrcurt I'd ountyCourlS
By D.C.
EXHIBIT A
12-00462
(LWCF Project Number)
LW462
DEP Contract Number
CFDA Number: 15-916
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
LAND AND WATER CONSERVATION FUND PROGRAM
FFY 2001-2002
PROJECT AGREEMENT - DEVELOPMENT
This Project Agreement is entered into between the STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is
3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000
(hereinafter called the "Department"), and the CITY OF MIAMI
BEACH, whose address is 1700 Convention Center Drive, Miami
Beach, Florida 33139 (hereinafter called the "Grantee"), a
local government, in furtherance of the North Shore Open Space
Park - Phase III project, an approved outdoor recreation
project.
WHEREAS, the Department receives funds for the purpose of
passing through the agency as grants to other entities in
accordance with Section 375.021(4), Florida Statutes; and,
WHEREAS, Chapter 375,
the Department to receive
conservation; and,
Florida Statutes, further authorizes
grants for outdoor recreation and
WHEREAS, the Grantee has submitted Project Application
number 286, which has been approved by the Department.
NOW THEREFORE, in consideration of the mutual covenants
contained herein, the Department and Grantee do hereby agree as
follows: r~'1
IY~P.
/ ..lc...;b'
This Project Agreement shall be effective upon executi~n of ~i
this Project Agreement and end no later than 36 months from
execution of the Project Agreement, inclusive. The Project
Agreement shall be performed in accordance with Chapter
62D- 5, Part VI I, Florida Administrative Code, (hereinafter
called the Rule), the Land and Water Conservation Fund
(LWCF) Act of 1965, Public Law 88-578, 78 Stat 897, as
amended, (hereinafter called the Program), and in
accordance with general provlslons for such agreements
prescribed by the United States Department of the Interior
(hereinafter called the USDOI) in the LWCF Grants- in-Aid
1.
DEP Agreement No. L W462
Page 1 of 14
Manual, (t ei .fter called the Manua . ~ne Grantee agrees
to become familiar with all provisions and comply with the
Rule, effective July 15, 2001, and Manual, which are
incorporated into this Project Agreement by reference, as
if fully set forth herein. In the event a dispute should
arise between the parties concerning the intent of any
language herein contained, the same shall be resolved by
the adoption of that meaning which furthers the intent and
purpose of the above referenced Acts of Congress and the
general provisions governing this Project Agreement as set
forth in the Manual. No construction shall be contrary to
the requirements of the Acts of Congress or of the
regulations of the Secretary of the Interior.
2. The Department has found that public outdoor recreation is
the primary purpose of the project known as North Shore
Open Space Park - Phase III (Land and Water Conservation
Fund, LWCF Project Number 12-00462), hereinafter called the
proj ect, and enters into this proj ect Agreement wi th the
Grantee for the development of that real property, the
legal description of which shall be submitted to the
Department as described in the Land and Water Conservation
Fund Program Approved Project Documentation Form, DEP Form
FPS-A048. The Approved Project Application, which includes
the Project Elements (description of project, detailed
budget, and anticipated deliverables), is incorporated into
this Project Agreement by reference as if fully set forth
herein. Any revisions to the Project Elements as set forth
in the Approved Project Application must be formally
requested by the Grantee and, if agreed upon by the
Department, the modifications will be reduced to writing in
an amendment to this Agreement.
3. The Grantee shall construct, or cause to be constructed,
specified public outdoor recreation facilities and
improvements consisting of the following Project Elements
which may be modified by the Department if Grantee shows
good cause: icnic avilion and la round and renovation
of icnic aVilions, restroom and landsca in and other
related support facilities.
4. The Project Elements identified in Paragraph 3 herein shall
be designed and constructed substantially in accordance
with the conceptual site development plan contained in the
Project Application. Project Site facilities shall be
attractive for public use, and generally consistent and
compatible with the environment. Plans and specifications
for Project Site improvements and facilities shall be in
accord with current and established engineering and
architectural standards and practices. Emphasis should be
DEP Agreement No. LW462 Page 2 of 14
given to t alth and safety of UE 3, accessibility to
the general public, and the protection of the recreational
and natural values of the area. This site development plan
may be altered by the Grantee, only after approval by the
Department. Any and all utility lines installed within the
park shall be placed underground. The Grantee shall have
the final site development plan (site engineering and
architectural) prepared by a registered architect or
engineer licensed in accordance with the laws of the State
of Florida.
5.
A.
The Department shall pay the Grantee
reimbursement basis the eligible Grant amount
exceed $200,000.00, which will pay said
Program I s share of the cost of the proj ect .
funding limits are based upon the following:
on a
not to
federal
Program
Total Department Program Amount
Grantee Match Amount
Total Project Cost
$200,000.00
$200,000.00
$400,000.00
SN f to
Type of Match
[Cash and/or In-kind Services]
B. Within sixty (60) days after receipt of the request,
the Department's Grant Manager shall review the
completion documentation and payment request from the
Grantee for the Project. If the documentation is
sufficient and meets the requirements of the Land and
Water Conservation Fund Program Completion
Documentation Form, DEP Form FPS-A05I, referenced in
s. 62D-5. 073 (7) (e) 2, the Department will approve the
request for payment.
6. In addition to the invoicing requirements contained in
paragraph 5 above, the Department will periodically request
proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to the Agreement
pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate. This information
when requested must be provided within 30 calendar days of
such request. The Grantee may also be required to submit a
cost allocation plan to the Department in support of its
multipliers (overhead, indirect, general administrative
costs, and fringe benefits). All bills for amounts due
under this Agreement shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
State guidelines for allowable costs can be found in the
State Comptroller's Voucher Processing Handbook at
http://www.dbf.state.fl.us/aadir/tochandbk.html and allowable
DEP Agreement No. LW462
Page 3 of 14
costs for f II programs can be fou under 48 CFR Part
31 at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html
and OMB Circulars A-a7, A-122, A-21, at
http://www.whitehouse.gov/omb/circulars/index.html#numerical.
7. Reimbursement for travel expenses is not authorized under this
Project Agreement.
8. The Grantee agrees to comply with the Division of Recreation
and Parks' Grant and Contract Accountability Procedure,
hereinafter called the Procedure and incorporated into this
Project Agreement by reference as if fully set forth herein.
All purchases of goods and services for accomplishment of
the Project shall be secured in accordance with the
Grantee I s adopted procurement procedures. Expenses
representing the Project costs, including the required
matching contribution, shall be reported to the Department
and summarized on certification forms provided in the
Procedure. The Department and Grantee agree to use the
Procedure guidelines in accounting for LWCF funds disbursed
under the Project. The parties further agree that the
principles for determining the eligible costs, supporting
documentation and minimum reporting requirements of the
Procedure shall be used.
9. Allowable indirect costs as defined in the Procedure shall
not exceed 15% of the Grantee I s eligible salaries/wages.
Indirect costs that exceed 15% must be approved in advance
in writing by the Department to be considered eligible
Project expenses.
10. proj ect funds may be reimbursed for eligible preagreement
Expenses (as defined in s. 62D-S.069(31) of the Rule)
incurred by Grantee prior to execution of this proj ect
Agreement as set forth in s.62D-S.073 (2) (a) of the Rule.
The Department and the Grantee fully understand and agree
that there shall be no reimbursement of proj ect funds by
the Department for any expenditure made prior to the
execution of this Project Agreement with the exception of
the following expenditures which meet the requirements of
the foregoing sections of the Rule.
preagreement Costs Approved: None
11. Prior to commencement of proj ect development, the Grantee
shall submit the documentation required by the Land and
Water Conservation Fund Program Development Project
Commencement Documentation Form, DEP Form FPS-A050,
referenced in s. 62D-S.073(7) (e) of the Rule, to the
Department. Upon determining that the documentation
DEP Agreement No. LW462 Page 4 of 14
H~.to
{J (t>v Id.)-. n-.d
r VpdCL
12.
13.
14.
15.
complies wi ~'le Rule, the Departme' will give written
notice to Grantee to commence the development and approve
the request for payment.
Therefore, the Grantee shall formally acknowledge receipt
of the following documents after execution of this Project
Agreement. It is understood that the documents listed below
must be filled out by the Grantee and returned to the
Department after execution of this Project Agreement.
Required Project Commencement Documentation for Development
Agreements:
A)
B)
C)
D)
E)
Boundary Survey
Title Search
Certification of Manual Possession
Site Plan (2 copies)
List of Facilities and Improvements for
Construction with Related Costs
Permitting Certification
Division of Recreation and Parks' Grant and
Contract Accountability Procedures.
F)
G)
The Grantee shall obtain all required local, state and
federal permits and approvals prior to commencement of
Project construction and shall certify that it has done so
to the Department by completing the Permitting
Certification, DEP Form FPS-A052, referenced in s. 62D-
5.073 (7) (e) (1) of the Rule.
The Grantee shall compl~e ,all proj ect construction by the
completion date of Llf.-:.-( -J.S', ~,.( [) f) <.:. .
Project completion means the Project is open and available
for use by the public. The Project must be completed prior
to release of final reimbursement.
The Grantee shall maintain books, records and document
directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles
consistently applied. The Department, the State, or their
authorized representatives shall have access to such
records for audit purposes during the term of this
Agreement and for five years following Agreement
completion. In the event any work is subcontracted, the
Grantee shall similaly require wach subcontractor to
maintain and allow access to such records for audit
purposes.
DEP Agreement No. LW462
Page 5 of 14
16. In additior: the provisions contaj d in Paragraph 15
above, the Grantee shall comply w.ch the applicable
provisions contained in Attachment A. A revised copy of
Attachment A, Exhibit-1, must be provided to the Grantee
with each amendment which authorizes a funding increase or
decrease. The revised Exhibit-1 shall summarize the
funding sources supporting the Project Agreement for
purposes of assisting the Grantee in complying with the
requirements of Attachment A. If the Grantee fails to
receive a revised copy of Attachment A, Exhibit-1, the
Grantee shall notify the Department's Grant Manager at
850/488-7896 to request a copy of the updated information.
17. Following receipt of an audit report identifying any
reimbursement due the Department for the Grantee's
noncompliance with this project Agreement, the Grantee will
be allowed a maximum of thirty (30) days to submit
additional pertinent documentation to offset the amount
identified as being due to ,the Department. The Department,
following a review of the documentation submitted by the
Grantee, will inform the Grantee of any reimbursement due
the Department.
18. The Grantee, as an independent contractor and not an agent,
representative, or employee of the Department, agrees to
carry adequate liability and other appropriate forms of
insurance. The Department shall have no liability except
as specifically provided in this Project Agreement.
19. To the extent required by law, the Grantee will be
self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance
for all of its employees connected with the work of this
Project and, in case any work is subcontracted, the Grantee
shall require the subcontractor similarly to provide
Workers I Compensation Insurance for all of the latter IS
employees unless such employees are covered by the
protection afforded by the Grantee. Such self - insurance
program or insurance coverage shall comply fully with the
Florida Workers I Compensation law. In case any class of
employees engaged in hazardous work under this Agreement is
not protected under Florida Workers' Compensation law, the
Grantee shall provide, and cause each subcontractor to
provide, adequate insurance satisfactory to the Department,
for the protection of those employees not otherwise
protected.
20. The purchase of non-expendable equipment is not authorized
under the terms of this Agreement.
DEP Agreement No. LW462
Page 6 of 14
21. The Depart s Grant Manager for e purpose of this
proj ect Agreement shall be responsJ.ble for ensuring
performance of its terms and conditions and shall approve
all reimbursement requests prior to payment. The Grantee's
Liaison Agent (also known as Grantee's Grant Manager), as
identified in the Project Application, or successor, shall
act on behalf of the Grantee relative to the provisions of
this Project Agreement. The Grantee's Liaison Agent, shall
submit to the Department signed Project status reports
every ninety (90) days summarizing the work accomplished,
problems encountered, percentage of completion, and other
information which may be requested by the Department.
Photographs to reflect the construction work accomplished
shall be submitted when the Department requests them. Any
and all notices shall be deemed effective and sufficient if
sent via U.S. mail, facsimile (fax), or by hand-delivery to
the parties at the following addresses:
Grantee's Liaison Agent
Ms. Judy Hoanshelt, Grants Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL, 33139
Phone: 305/673-7010
Suncom Phone:
Fax: 305/673-7782
Email: judyhoanshelt@miamibeachfl.gov
Department's Grant Manager
Collier Clark
Department of Environmental Protection
3900 Commonwealth Boulevard, MS 585
Tallahassee, Florida 32399-3000
Phone: (850) 488-7896
Suncom Phone: 278-7896
Fax: (850) 488-3665
Suncom Fax: 278-3665
Email: collier.clark@dep.state.fl.us
22. Prior to final reimbursement, the Grantee must erect a
permanent information sign on the Project site which
credits Project funding or a portion thereof, from the Land
and Water Conservation Fund Program through the USDOI and
the Department.
23.
The Department and USDOI
proj ect and any and all
reasonable time.
have the right
records related
to inspect
thereto at
the
any
DEP Agreement No. LW462
Page 7 of 14
24. This Agret T. may be unilateral] canceled by the
Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material
made or received by the Grantee in conjunction with this
Agreement, unless the records are exempt from Section 24(a)
of Article I of the State Constitution and Section
119.07(1), Florida Statutes.
25. Prior to the closing of the proj ect the Department shall
have the right to demand a refund, either in whole or in
part, of the LWCF funds provided to the Grantee for non-
compliance with the material terms of this Project
Agreement. The Grantee, upon such written notification from
the Department, shall refund, and shall forthwith pay to
the Department, the amount of money demanded by the
Department. Interest on any refund shall begin the date
that the Grantee was informed that a refund was required
until the total refund and interest is paid to the
Department.
26. If the United States, acting through the USDOI, the
Secretary of the Interior, or any other branch of the
government of the United States, acting within the scope of
its lawful authority, should for any reason demand a refund
from the Department, in whole or in part, of the funds
provided to the Grantee under the terms of this proj ect
Agreement, the Grantee, upon notification from the
Department, agrees to pay the refund and will forthwith
repay directly to the Department the amount of money
demanded.
27. The Grantee shall comply with all federal, state and local
laws, rules, regulations and ordinances in developing this
proj ect . The Grantee acknowledges that this requirement
includes compliance with all federal, state and local
health and safety rules and regulations including all
applicable building codes. The Grantee further agrees to
ensure that the Grantee's contract will include the
requirements of this paragraph in all subcontracts made to
perform this Project Agreement.
28. Competitive open bidding and purchasing for construction of
said Project facilities or improvements shall comply with
all applicable laws and the Manual. Following completion
of Project construction, the Grantee's Liaison Agent shall
provide the Department with a statement certifying that all
purchases or contracts for construction were competitively
bid pursuant to applicable law and the Manual.
DEP Agreement No. LW462
Page 8 of 14
29. If asphalt .. ng is required for t .l:'roject it shall
conform to the Florida Department of Transportation's
specifications for road and bridge construction. Bid
specifications, contracts and/or purchase orders of the
Grantee must specify thickness of asphalt and square yards
to be paved.
30. By acceptance of the provisions of this Project Agreement,
the Grantee does hereby agree to dedicate the Project Site
and all land within the Project boundaries, identified in
Paragraph 2 herein, in perpetuity as an outdoor recreation
site for the use and benefit of the public, as stated in s.
62D-5.074(1) of the Rule. Execution of this Project
Agreement by the Department shall constitute an acceptance
of said dedication on behalf of the general public of the
State of Florida. The Grantee represents that it has
sufficient site control to enable this dedication. All
dedications must be promptly recorded in the county's
official public records by the Grantee.
31. The Grantee agrees to operate and maintain the Project site
as stated in s. 62D-5. 074 (2) of the Rule. The Project
site, Project-related facilities, and any future outdoor
recreation facilities developed on the Project site shall
be open to the general public for outdoor recreation use,
maintained in accordance with applicable health and safety
standards, and kept in good repair to prevent undue
deterioration and provide for safe public use. The Grantee
covenants that it has full legal authority and financial
ability to develop, operate and maintain said project-
related facilities and improvements as specified within the
terms of this Project Agreement. The Grantee shall obtain
Department approval prior to any and all current or future
development of facilities on the Project site, if said
development is not described in Paragraph 3 herein.
32. The Grantee shall not, for any reason, convert all or any
portion of the park for any purpose other than public
outdoor recreation without prior approval of the USDOI and
the Department pursuant to Section 6(f) (3) of the LWCF Act
and the Manual and s. 62D-5.074(3) of the Rule.
33. Failure to comply with the provisions of the Rule or the
terms and conditions of this Agreement will result in
cancellation of the Project Agreement by the Department.
The Department shall give the Grantee in violation of the
Rule or this Project Agreement a notice in writing of the
particular violations stating a reasonable time to comply.
DEP Agreement No. LW462
Page 9 of 14
34. In the even ~ conflict in the provis is of the Rule, the
Project Agreement and the Project Application, the
provisions of the Rule shall control over this Project
Agreement and this Project Agreement shall control over the
Project Application documents.
35. If the Department determines that site control is not
sufficient under the Rule or has been compromised, the
Department shall give the applicant a notice in writing and
a reasonable time to comply. If the deficiency cannot be
reasonably corrected within the time specified in the
notice, the Department shall cancel this Project Agreement.
36. In accordance with the LWCF Act, Program funds will be made
available contingent upon an annual appropriation to each
State by Congress. The State of Florida's performance and
obligation to pay under this Agreement is contingent upon
an annual appropriation of spending authority by the
Florida Legislature. The parties hereto understand that
this Agreement is not a commitment of future
appropriations.
37. A.
The Grantee certifies that no Federal appropriated
funds have been paid or will be paid, on or after
December 22, 1989, by or on behalf of the Grantee, to
any person for influencing or attempting to influence
an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an
employee of a Member of Congress, in connection with
the awarding, renewal, amending or modifying of any
Federal contract, grant, or cooperative agreement. If
any non-Federal funds are used for lobbying activities
as described above, the Grantee shall submit
Attachment B, Standard Form-LLL, "Disclosure of
Lobbying Activities" (attached hereto and made a part
hereof), and shall file quarterly updates of any
material changes. The Grantee shall require the
language of this certification to be included in all
subcontracts, and all subcontractors shall certify and
disclose accordingly. (43 CFR Part 18)
B. In accordance with Section 216.347, Florida Statutes,
the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying
the Legislature, the judicial branch or a state
agency.
38.
A.
No person on the
national origin,
grounds of
age, sex,
race, creed, color,
marital status or
DEP Agreement No. L W 462
Page 10 of 14
disabi. shall be excluded fJ participation in;
be denied the proceeds or benefits of; or be otherwise
subjected to discrimination in performance of this
Project Agreement.
B. An entity or affiliate who has been placed on the
discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public
entity, may not submit a bid on a contract with a
public entity for the construction or repair of a
public building or public work, may not submit bids on
leases of real property to a public entity, may not
award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any
public entity, and may not transact business with any
public entity. The Florida Department of Management
Services is responsible for maintaining the
discriminatory vendor list and intends to post the
list on its website. Questions regarding the
discriminatory vendor list may be directed to the
Florida Department of Management Services, Office of
Supplier Diversity at (850)487-0915.
39. Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees and
agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the
provisions of s. 768.28, Florida Statutes, and other
statutes that provide immunity to the Department or the
State.
40. A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime
may not perform work as a grantee, contractor, supplier,
subcontractor, or consultant under a contract' with any
public entity, and may not transact business with any
public entity in excess of the threshold amount provided in
s. 287.017, Florida Statutes, or Category Two, for a period
of 36 months from the date of being placed on the convicted
vendor list.
41. A.
In accordance with Executive Order 12549, Debarment
and Suspension (43 CFR Part 12.100-.510), the Grantee
shall agree and certify that neither it, nor its
principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any
federal department or agency; and, that the Grantee
shall not knowingly enter into any lower tier
DEP Agreement No. LW462
Page 11 of 14
contra r other covered trans; ~on, with a person
who is similarly debarred or suspended from
participating in this covered transaction, unless
authorized in writing by USDOI to the Department.
B. Upon execution of this Agreement by the Grantee, the
Grantee shall complete, sign and return a ~ of the
form entitled "Certification Regarding Debarments,
Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Federally Funded Transactions", attached
hereto and made a part hereof as Attachment C.
C. As required by paragraphs A and B above, the Grantee
shall include the language of this section, and
Attachment C in all subcontracts or lower tier
agreements executed to support the Grantee's work
under this Agreement.
42. This Project Agreement has been delivered in the State of
Florida and shall be construed in accordance with the laws
of Florida. Wherever possible, each provision of this
Project Agreement shall be interpreted in such manner as to
be effective and valid under applicable law, but if any
provision of this Project Agreement shall be prohibited or
invalid under applicable Florida law, such provision shall
be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such
provision or the remaining provisions of this Project
Agreement. Any action hereon or in connection herewith
shall be brought in Leon County, Florida unless prohibited
by applicable law.
43. No delay or failure to exercise any right, power or remedy
accruing to either party upon breach or default by either
party under this Project Agreement, shall impair any such
right, power or remedy of either party; nor shall such
delay or failure be construed as a waiver of any such
breach or default, or any similar breach or default
thereafter.
44.
This proj ect Agreement is not
construed as granting any rights,
any third party without mutual
parties hereto.
intended nor shall it be
privileges or interest in
written agreement of the
45. This Project Agreement is an exclusive contract and may not
be assigned in whole or in part without the prior written
approval of the Department.
DEP Agreement No. L W462
Page 12 of 14
46. This proj ec :eement represents the "1.cire agreement of
the parties. Any alterations, vQ~iations, changes,
modifications or waivers of provisions of this project
Agreement shall only be valid when they have been reduced
to writing, duly executed by each of the parties hereto,
and attached to the original of this Project Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. L W462
Page 13 of 14
IN WITNESS ~F, the parties hereto ve caused this
Agreement to be duly executed, the day and year last written
below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF MIAMI BEACH
By: z;;7 ~~
Division Director
Division of Recreation and Parks
and State Liaison Officer
(Or Designee)
By: ~~~
Pers A ho . ed Sign
1-.2-)--03
Jorge M. Gonzalez
Printed Name
Date:
City Manaller
Title
Date:
sit? /03
I I
Address:
Bureau of Design and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Talla(:tS~l[~:rida 32399-3000
DEP Grant Manager
Address:
APPROVED AS 10
FORM & LANGUAGI
& FOR EXECUTIOII ;.
Approved as to Form and Legality
for use for one year by Suzanne Brantley,
Assistant General Counsel, on
February 19, 2003.
~
Attachments:
Attachment A - Special Audit
Attachment B - Disclosure of
Attachment C - Certification
"-
Grantee A~rney
Requirements (5 pages)
Lobbying Activities (2 pages)
Regarding Debarment/Suspension
(2 pages)
FPS-A046
Revised 01/03
DEP Agreement No. LW462
Page 14 of 14
J
i
o
It
~
z
:a
8
III
-9
f..:.
III-
uC
c-
a.-
.z
li:2!:zu
oslll:l
"Ea.
l::t..-
....E::I
I'" Oc
a:=zi
Oc.
t:a!r!!:
EXHIBIT B I~ f'~~' 1
b!
I l!! IIi · . Qi nllul,
;dl
I!I I~ I! a,1i
Iii
Jill ';111 ' III
~i! i~nl 1111
.JI;~
Ibj~ bi~~~
,; b ~eil& II
ill!1 ':L ;
5!bli
l"i;~ iSl~~ , I~~I ......a...
11;5!1 ! bil I I !:
!!II: I, dbi , ~
~ ~~ -!Iii ~
jillii I I Ii !~bl I I lI_uu
I ~ :!lill! I' il~al I
. ! I il;~i Ii '-~I I -.!ix 'II
f III""
- :l!Ib II I I!
II ! i Ihll il ; d! II il It I
i ~I~ I~~
I bil~ il l!I i II~ i i ~ I, I I I I ~ I I Ii II I
I( Ii:! !l !l Ii fi5!'~i~!iiil ! !IIi; ilii i~m Ii !!Ii III! f i~ !i i .
~i ~~I~ lIlI II 111I~iw bRIIJl I !II. i- Sl ag.. lit ~. d :lI!i IIII ,,1111 i~ i
Ii ili! il jl !: l!llllill!!l:i il!!i ;1 illli! illijl!; Iii: l!il li.!l! ii I !!
II ill: ii ii Ii .jjljj.!Ij;!I! Ifill !! !!'!il iji!lj !~ ill! I!ij 111lil 1'1 ; II
!l iiil'l ~j ii iM'i'!:I;;il ii~'l r. I!ll:l i~!j!';!i l!~ :UIl :ldjl 111 I ! iIi
Ii ;iii l: I: !Il ;!III:!!llt!i! lI!!:.I!.t:~'lil!.!!ii!!:il ";;~Ii !i;!! II!;,! !il: ! ::co
a~uB",:R il~ BV ~II tJ8~i15l.j!lS"W 1~ld!~tilllillirl/illllil i II i~lIll1 ili'll I ~Jl!I !. I I; !i!
11!1!!! i!i;i I!i l!iiii!li1i!ii !!I:ii!'i!Ii!!~!;li!~i!~!lili! I il!;1 I i(!111! i!1 ;i Ill;.' I!!
ill!l!!I!!i!il!!! il i~i!i!!illij!II,!I!!li!;!i!l1ill!IIII!!II~!li il !llii II lil!l!l ii III il !i !!!lii!
~. . I~. .m-]jW~'
" ,'. ..:;..'..:... .'. .'.'.
. ."."... .';. :
i i ~I~ ~ I ~ili t Ii. !i Al!I !i i'~
III ~ II 1~1!!~~ b;; ~ Ii; i~ h~ 2. !~ll II ;e
!! :ii~l~il~li. :! ~~ ~i~ ii I:! j: !;i it I:!
Jl; e~..bO! i ~ Ii I~ - il Ie.... nil d le~
;i ~~ I ~ ... ~..ll b !2 &.. -I ~ !I:
Ie ~i~I~:i I~ J ~ i~~ !i Jill l~ tal ~b i~1
~i I,il~;:! h ~; '1 1111 II !e5 ~I a~lI I~ E!5
i, i@!~i:I;~~ 1ft i" ~ii i~ Iii i! ~;I ::c ;11
II li~1115~~~ !l ,I !!11I i:~I" I~; ~I ~~I :1; ;1;
i~ ~j5 ~lfi;fA !~ Ii!: ri I~r - ail 'Ill IIX
~:i dl!!~al~~ IJ~ b i;~ ,hi 115 Il/I_ ig~ .~I 1~5
i 'I l:' "ic~l! f!! I '" ill el r~ ~ .~ 5~~ Ii!
~j~ l!I!~cg~ii g I ..~ ~I Ii elll - . ;~ e~1I
~il~li:;i~lii~! I it' I!i iil Iii ill Iii !!:i 1:1 iil
~ ;r~llrd~llUli~a I g i: ~il irl ~J~ ~IIO! ;Id ~5J liAr
I Iljlljl!llll!!1 ;1.!! iil :.; Iii. !Ii Iii: il; Iii.
~ ji::15~s~!II~I~ ! ,t I I~ ~ ~Ii ~ ~I~ ~ ~.:i ~ I~I ~ ~i~; ~ i!~ ~ i':~
!
I
I
I b I" ill ~ ~ ii
!~!!! '~I ~i !ill!
Il~ll- II.~. ~ Eul
x;9al; i':~l ;la&li
lI&B~I!i il! /; f~1 i!
'iil~11 I:: J! Iliil
~i~111 II~ ~i ..itl
!Ii!~ I ;i gu i!ib
l!Iihs i~11! ft; A..f~
~~~iil IVli I~ I;ll~t
Ii-I'.' 11..1:= lilll
~~!~I5! ij.~i II ~iisa,
i&J .I!; Sllll~ ~ha!
tl i!1~ ~~ic pI! J~bl~
! S l!IllIlI I ,=~~
!~;~:J I 1,-11 1!11;~li~
_ .'~~i~ a s_ a De iae i
~
i
~
5
I.'f
.
"
\:
. \1
: GO...
L", ~ Q
j !uu
I
"'-J'
o
..
f
}
, \
\
I
(~
-g----------_.
-
C)
mms p~~~____~.
-r=-=----
I
I
I
I
I
I
I
I
I
I
I
I
,
I
I
I
I
I
I
I
I
,
,
I
I
I
,
I
I
I
L ____
J
at'
.i~-:
i ~i
------------
t==------
------
------
---------
~]!
I;.
h.
Hi
-.Ii
llil
I~i
III
11'~1'
; II 1811
I
~
1
!
~
~
~
&
~
~
I ~
::I:
~
~
:i
~
fi
BOOK
l..:-AST
24588
F'AGE
PAGE
e= '
· 133111S !lUB
.--~-----------------g~
..
______J,
__________________4
-~ ,_
'"
i~,
It'l
If~
4-------
-- r---- U
r"\ i it
tJ ,\ c ------ II
. - ----- -
i
I, ~R
_ 40------- III
_ -------- D I
!I am.
.-------1if
\\'\ ~ f.\D
i ~/ "'\:
\ \\~ . lcb
~.~ ,1;
1" ..g~.:
~'~1' ,~'i c:::::J
\LJ--~- -~
\......... ----.v- ----
_I." .L,jj:~~?~~---~,
--- - I
I
( ("""0 ":
t,,) 1"< 'f
I U ft
\ 0) \.
\ \ ". \ ~m iOle \
I { l' t I
\ "- r." {lIt \\
\ .' J,-, :
/
i
r
------------
------------
----------------
-------------
-------------
------------...
lDlllS If\SB
-~
\;1 ,ff.; .~
\ I ! ~d\~u
q ~ ~ .
\,) ~ ~
l\,t:) I ~ fi,'~l
\ ~' ~ ~ hi 11
\\ \\~l l~
· ell l v II
! ~~_/J
------ ~--------
~
!
.
I :;-......
-l \\ t:O . -~.~
\\\ ~ \
\ -$ ..1m Q'4:\
\'r.R~~ \1
\ ~ ...~. .~J~U t;f, l\
.1-' \T-~r4 .
~
--------
"
1------.
"
w
w
~'i
II I
. ~
IT'
.!
;~
m
III
III
JlI
1364
I;~~' %
II 11811
.......8...
~
11_.~.c
!
~
~
o
m
J
~
IL
~
8l
~
~
CD
I !
i
I
~
~
5
!
~ ~I~~ It
~ u~ I i
Sl ; 'r .1
uz Ii
~.. -
II
.
,j'
l
J~
;~\
n....
~~
.......vn. n.......n.
.000DAIIY,...vEY
NORTH 8H_;~0IIBI' SP__,:\___:;'~:,:
CITY OF _AIII:-_CH. lI_i-.nY. FL' .
AII'IICLIII
_.d ~...... ..~, I ~I
CLIENT: SHALL MEAN niE QTY OF MIAMI BEAOi.
SUR\'EYOR: SHALL MEAN niE ARM OF P8S&J. A FlORIDA CORPORAnON. DULY AUlHota2ED TO PRAcnCE
SUR\flING AND MAPPING BY THE, FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION UNDER
CERTIFlCA lE OF' AUlHORIZA nON NO. L824. . "
SURVEY MAP: SHALl. MEAN THE GRAPHIC DEPICTION OF THt BOUNDARY SURVEY IN THE FORM OF THE .BOUNOAR'(~ :';;t' '
SURVEY"' MAP ATTACHED HERETO. MADE A PART HEREOF AND INCORPORAlEO HEREIN BY ttr'~...:.::t
SUBJECT PROPERTY: SHAU. MEAN ALL THAT LOT. PARCEl OR PIECE OF' l.ANO INDICATED IN AR11ClE tIl Of' TltS " ..;~
REPORT, REFERENCE TO WHICH IS MADE FOR A MORE FULL AND OOMPlElE DESCRIPTION lHEREOF. ' ;r .
CITY: SHALL MEAN lHE QTY OF' M.AMI BEAai. A MUNICIPAL CORPORAllON OF' THE STATE OF FlORlOA. ' d;
COUNTY: SHALL MEAN ~I-DADE COUNTY. A POUllCAL SUBOl~ OF ntE STAlE OF FlORIDA. ntE NAME of' ,'~',~"
WHIOi WAS CHANGED FROM -DADE COUNTY" BY ITS ELECTORS ON NOVEMBER 13, 1997 AND CODIFIED BY ITS BoMa,~j~:
OF COUNTY COMMISSIONERS PURSUANT TO ORDINANCE NO. 97-212. HENCE. AlL REFERENCES TO DOCUMENTS fUD':;.;'
FOR RECORO PRIOR TO lHA T DAlE SHALL REFER TO THE PREVIOUS COUNTY NAME AND DOCUMENTS ALED FOR . " '::, ~;, "
RECORD SUBSEQUENT TO lHAT DAlE (OR MENTION BY COMMON REPORT. AS ntE CASE MAY BE)SHALL MAKE ",
REf'ERENa: TO lHE PRESENT COUNTY NAME. ,
...-'.
...~....._ _UIII,. ......
SEE SURVEY MAPjREPORT INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE. lHE DATE OF .
COMPlEllON OF ORIGINAL F1ELD SURVEY (THE -SUR\rf:Y DATE-) IN CONNECTION WITH SAME WAS ON MARCH 31. 2005.,
..... .
...... ..1011 ...., _..:1' "Dr -a.. ....
BLOCKS 2 THROUGH 9. INQ.USlVE OF . ALTOS DEL MAR SUBDIVISION NUMBER 2-. ACCORDING TO THE PLA T THEREOF'~
AS RECORDED IN PLAT BOOK 4 AT PAGE 162 OF THE PUBUC RECORDS OF DADE COUNTY. FLORIOA;
TOGETHER WITH:
ALL OF LANTANA SlREET (86TH STREET), KUDZU STREET (85lH STREET). JASIINE SIl~&.y~iH ~T)ANO .. L
NORTH H OF' IRIS 5mu;. (83RO SlREET) lYING EAST OF THE EAST RIGHT Of WAY LINE (f'qu,uM$ AVENUE AND
NORntERlY AND SOUTHERLY PROJECTIONS ntEREOF. AS SHOWN ON SAID PlAT OF -ALlOS-,E.'1MR SUBDIVISION ;:
NUMBER 2-; " " " ; !'
,
\
TOGETHER WITH: i "
;, ", ;.. ,".H',
ALL Of -AlROSO WAV- AS BOUNDED ON THE NORTH BY THE SOUTH RlQtTOf WAY ,,~"'t~ STREET (811t
SlT<<t.C) AND BOUNDED ON THE SOUTH BY THE NORnt RIGHT OF WAY UNE OF IRIS_.....t((... Sttct.t:.l) AS 'H':~
SHOWN ON SAID PlAT OF -ALTOS DEL MAR SUBOlVlSlON NUMBER 2-;' '~"l,
TOGElHER WITH: . ~:fj
AU. Of 1HE P~'DrPlCTED AS TRACT A ABUTTING SAID LANTANA Slfct.t.. (88lH smu.1). KUDZU Slfct.t.1 (851H~it-tfl
STAt.t.t). JASMINE Sttft.t... (84TH SlM.t.1) AND THE NORlH H OF IRIS SlREET (BJRO S)m:it) ON THE WEST AND . .
BOONOED BY 'n€ WAlERS OF' THE A1lANllC OCEAN ON THE EAST AS SHOWN ON SAID PlAT OF -ALTOS DEl MAR
Sl8)MSI()N NUMBER 2-;
ToGE1HER WI'Df:
Sl..OO<S 1 lliROUCH 4. INa.uSlVE. TOGETHER WITH BLOO<S , 3 THROUGH 26. INCLUSl~ OF -CORREC'lED PlAT At TOS
DEL MAR NO. 1-, ACCOAOWG TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31 AT PAGE 40 OF THE PUBLIC
RECORDS OF DADE COUNTY, FlORIDA.
TOGETHER WITH:
ntE sount H OF IRIS STREET (83RO STREET). TOGETHER WI'Df ALL OF HIBISCUS SlREET (82NO STREET). GARDEN
STREET (81ST STREET) AND FUSCHIA STREET (80TH STREET), LYlNC EAST OF lHE EAST RIGHT OF WAY LINE OF
COlUNS AVENUE AND ITS NORTHERLY AND SOUTHERLY PRO.ECTlONS THEREOF, AS SHO" ON SAID PLAT Of
-CORRECTED PLAT ALTOS DEL MAR NO. ,-; .
"0.>"
;~
, . -,!t-
ALL Of -AJROSO (AllANTlC) WAV- AS BOUNDED ON THE NORTH BY.1HESOUTH RIGHT OF WAY UN[ OF IRIS SfftU.I ',{ /L~
(8JRD STREET) ANO BOUNDED ON THE SOUlH BY THE NORTH RIGHT CiFWAY UN[ OF EULAUA STREET (79TH SI~l),.-q
AS SHOWN ON SAID PlAT OF -CORRECTED PlAT ALTOS DEL MAR NO. 1.: . ' i'I.I!
, . ~
, ;
: (~
TOGETHER WITH:
TOGETHER WITH:
ALL OF THE PARCElS DEPICTED AS TRACT A A8UTT1NG SAID NariM.'~_:'.$Jlcu.T (83RD STFcUI), fIEaIS
STREET (82ND STR~I). GARDEN STREET (81ST STREET) AND FUSCHIA,&~'(IOTH STRt.t.r) ON lftE WEST AND
BOUNDED BY THE WAlEAS OF THE ATlANTIC OCEAN ON ntE EAST AS SHOWN ON SAID PlAT OF -OORREClEO PLAT
ALTOS DEl MAR NO. ,-.
. it,
~, .-1I
':i
, y,
Alll-.a1Y
MlClURMYI
ALTHOUGH THIS IS PUBUC PROPERTY, THE EXPECTED USE OF THE LAND, AS ClASSIFIED IN THE -MINIIUM lEOfNICAL
STANDARDS FOR lAND SURVEVlNG IN THE STATE OF flORIDA: PURSUANT TO RULE 8tC17-8 OF tHE flORIDA
AOMItISlRAll\t: CODE IS -COtAtERCIAl../HlGH RISI(.- lHE t.tINIMUN RELAll\4E DtSTANCE ACCURACY FOR 'MS nPE f7
SUR~ IS 1 FOOT IN 10,000 FEET. THE ACCURACY OBTAINED BY MEASUREMENT AND CAl..tuLA11ON OF a OSED '
GEOMElRIC FIGURES WERE FOUND TO EXCEED THIS REQUIREMENT. FOR MORE INFORMAllON RE~ METHOOS AND
PROCEDURES FOR THIS SURVEY, REFER TO THE BOUNDARY INCONSISTENCIES PmnON (ARnaL VII) OF THIS REPatT.
...... V
_II _.TAI
. ,...,,,,,~,l
THE LEGAL OESCRIPnON OF' THE SUB..ECT PROPERTY WAS OBTAINED FROW A BOUNDARY ~ DOCUMENT
PREPARED BY POST, BUa<LEY. SOiUH ac SOIGAN, tic. DATED NOVEMBER 22. 1195 UNDER,JC8 NUMBER 01-no.ex
(SEE IlEU 3 F'OU.OWING.) IN ADOInON, THE FOlLOWING SOURCES Of' DATA WERE USED TOlHE EXTENT REQUIRED TO
COMPLETE THIS SURVEY IN A DEF'ENSlBlE MA nER, THAT IS TO SAY:
1. MAP SERIES ENnlLED '"ESTABUSHMENT OF THE EROSION CONTROL UNE. - ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PlAT BOOK 105 AT PAGE 82 OF 1HE PUBUC RECORDS OF OADE COUNTY (NOW MIAMI-DADE
COUNTY'), FLORIDA.
2. MAP SERIES SHOWING THE -COASTAL CONSlRUcnON CONlROl lINE,- PREPARED FOR 1HE STAlE OF flORIDA.
DEPAR'TMENT OF NAtuRAl RESOURCES. PREPARED BY BlACK. CROW AND E1DSNESS. INC. AND RECORDED IN PlA1
BOOK 74 AT PAGE 25 OF' THE PU8UC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY), FLORIDA.
J. A BOUNDARY SURVEY MAP ENll1lEO PREPARED BY POST. BUO<LEY. SOiUH . .ERNGAN, INC. DATED NO~
11, 1995 ENnTlEO -CITY OF MIANI BEACH RECREAnON, CULTURE AND PARKS DEPARTMENT NORTH SHORE OPEN
...-. -..,... - .... --...
a _ ~
.. ...? '" ...,) -
- . .... ,"\/
_ .,.. ~ '.t''-
ARCHITECTURE
ENGINEERING
'_~""'_W'lA'" J116_
SURVEYING
-~'--'-~~'P~ING
8001 N.... 107th Ay...u.
IIIAML ILORIDA sal ft-at507
(aoe) an-787a
IRlDA clUdD'lCATlON 0.. AUTHORIZATION NUMB_ LB ..
a.Bfr
CITY OF MIA~
..,
1
..
.,~ u'.
SPACE PARK WlAlllBEACH, f1..ORU)A 8OUNOARY SlIR\n,- UNDER JOlt No. Ot-nO.DO.M PROPERTY oEscaiED
IN ARTICLE II OF lHIS REPORT WAS ACQUum> fROM SAIO BOUNDARY SUR\€)' MAP PREPARED BY POST,
BUaCLEY, SCHUH ct -ERNIGM, 1Ne.
'4. ,8EMINCS AS SHOWN HEREON REFER TO A BEARING OF N8T03'01"E ALONG THE NORtH RIGHT Of WAYUNE Of
EULAUA STREET (71TH SlRnl) AS SHOWN ON lHESUR\€Y YAP. ntS BEARING WAS TAKEN FROM THE SUR\€Y
MAP PREPARED BY POST BUa<lEY. SCHUH ~ .ERNIGAN. 1Ne. AS aTED IN ITEM 3 PRE\1OUS. FOR tHE, PURPOSE
. (If lHIS SURVEY, THIS MAY BE CONSIDERED A fELl. MONUUEHlEO AND IDENTIFIED lINE AS DEUNEATED ON lHE
~MAP. .
S.-lME:'RB:ORDED PLAT Of -ALTOS DEl. MAR SUBOIVlSlON NUM8ER2.- ACCORDING TO THE PlAT lHEREOF. AS
~'N PLAT BOOK 4 AT PAGE 162 OF THE PUBUC RECORDS OF DADE COUNTY (NOW MIAMI-DADE
cautm'). FLCllDA. ,
t.1ttE*CON)EO PlAT OF -CORRECTED PlAT ALTOS DEl MAR NO. ': ACCORDING TO THE PLAT THEREOF. AS
.CORDED IN PLAT BOOK 31 AT PAGE 40 OF THE PUBUC RECORDS Of DADE COUNTY (NOW MIAMI-DADE
COUNTY), ,FLORIDA. .
7. A.StIR'JEY MAP AND REPORT ENl1n.m -CITY OF MlAMl8EACH IiIAMI-DADE COUNTY flORIDA NORlH SHORE
OPEN SPACE PARK SPECIFIC PURPosE SUR\4EY" PREPARED BY ~ DAlEO JULY 27. 2001 UNDER JOB NO.
01-1289.00 WAS USED F'OR ~OG:.NCE ONLY.
...--
..MIN..I_
1.SIICE NO OTHER INfORMAl1ON OTHER THAN WHAT IS aTED IN lHE SOURCES OF DATA WERE FURNtSHm. THE
a..ENT IS HEREBY ADVISED lHA T lHERE MAY LEGAlRESTRlCllONS ON lHE SUBJECT PROPERTY ntA T ARE NOT
SHO.. ON THE SUR\€Y MAP OR CONTAINED WlDIN THIS REPORT THAT MAY BE FOUND IN THE PU8lIC RECORDS
OF WlAII-DADE COUNTY, THE aTY Of MIAMI BEACH. OR ANY OtHER PU8UC AND PRtVA TE ENll11ES AS tHEIR
-aJRISOICl1ONS MAY APPEAR. lHE SURVEYOR MAKES NO REPRESENTAlIQN AS TO 0MttERSH1P OR POSSESSION Of
nfE SUBJECT PROPERTY BY ANY ENl1TY OR INDIVIDUAL WHO MAY APPEAR aF PUBUC RECORD.
2. NO EXCAVAllON OR DElERNINAllON WAS MADE AS TO HOW ntE SUNCT PROPERTY IS' SERVED BY U11UT1ES.
SUBSURFACE Ul1Ul1ES. INQ.UDlNG. BUT WITHOUT UMITAl10N TO PIPES. WIRES. VAULTS. BOXES. DRAIN TllES.
VOIDS. CABlES AND OlHER MAtERIALS ANCILLARY TO THE DEU~Y AMIJ/OR DISPOSAl Of WATER~ WASTEWATER.
SEWAGE, ELEClRlaTY. GAS, lElEPHONE SERVICE. CABlE TELEVISION ace.. AS THEY MAY EXIST WITHIN. UPON.
ACROSS OR ABUTTING 'notE StJB.ECT PROPERTY WERE NOT LOCAtED AND ARE NOT SHO". IN ADOIl1ON. THE
FOUNDAl1ONS OF THE EXlSllNG SURFACE S1RUC1\JRES AS THEY MAY EXIST WITHIN. UPON. ACROSS OR ABUT11NG
THE SUBJECT PROPERTY WERE NOT LOCAlED. nilS NOTICE IS REQUIRED BY ,THE -MINIMUM TEOI\IICAL STANDARDS
FOR lAND SUR\JEYING IN 'THE STAlE OF flORIDA.- PURSUANT TO RUlE 81G17-6 Of THE flORIDA ADMlNlSlRAl1VE
CODE.
5. SUBSURFACE SOl. CONOIlIONSWERE NOT OElEIUNEO. AS 'not1S FAlLS OUTSIDE nfE PUR\1EWOF lHIS SUR\€)'.
1HESE CONOI11ONS MAY INQ.UDE THE DE~TION OF' WETlANO~ F'lJ.fD-IN AREAS.
GEOlOGlCAl/AROIEOLOOICAl CONOIl1ONS OR POSSIBlE CONTAMlNAllON BY HAZARDOUS UQUlO OR SOlID WASlE
THAT MAY OCCUR WITHIN. UPON, ACROSS. ABUTTlNC OR ADJACENT TO 1HE SUB.ECT PROPERTY.
.. WEU.-1OEN11FIED FEAlURES AS OEPIClED ON THE SURVEY MAP WERE MEASURED TO AN ESl1MATEO HORIZONTAL
POSI11ONAl ACCURACY Of 1/10 FOOT.
5. THE NORlHING, (N) AND EASllNC (E) COORDINATE VALUES AS OEPIClED AT 1lfE RESPECl1VE POINTS AlONG THE
COASTAL CONS1RUCl1ON CONTRa. UNE ARE BASED ON tHE STATE PlANE COORDINATE VAWES or WHICH ARE
MORE FUlLY DESCRIBED IN lHIS REPORT.
;. THtS BOUNDARY SURVEY DOES NOT PURPORT 10 LOCATE THE AClUAl MEAN HIGH WATER UNE OF' THE SUB.ECT
PROPERTY AS DEF1NEO UNDER CHAPTER 177, PART H or THE FlORlOA STAlUTES.
'. NOllCE IS HEREBY GIVEN ntAT SUNStlNE STATE ONE CAlL Of FLORIDA. 1Ne. MUST BE CONTAClED AT
1-800-432-4770 AT LEAST 2 BUSINESS DAYS IN ADVANCE OF MY CONSlRUCTION. EXCAVA1IaN OR DDlOUl1ON
ACl1V1TY WITHIN, UPON. ABUTTING OR ADJACENT TO lHE SUBJECT PROPERTY~ lHfS NOTICE IS GIVEN IN
COMPUANCE WI'" THE "UNoERGAOUNo FAWTY DAMAGE PREVEN110N AND SAfETY ACT: PURSUANT TO CHAPTER
5e6.101-111 or THE flORIDA STAlUTES.
l. REFEREHCE IS MADE 10 ntAT CERTAIN QUIT-Q.AIM DEED IN FAVOR OF THE OTY OF MIMI BEAOf AS RECORDED
IN OF'FlaAl RECORDS BOOK 19445 AT PAGE 2812 Of THE PUBUC RECORDS Of MIAMI-DADE cotJt.fTY. flORIDA.
THIS DEED CONVEl'ED THE lANDS AS SHOWN ON 'notE SURVEY WAP, EXCEPTING THOSE PORl1ONS WEST Of
COlLINS A\4ENUE AND THE AREAS 1OEN11F1ED AS "TRACT A- AT 'notE ENDPOINTS OF 'THE SrRl:.t:1'S ALONG THE
ATl.AN11C OCEAN. AT THE DlREcnoN OF THE aJENT. ONLY THOSE lANDS SHOWN ON THE SURVEY PREPARED BY
POST. BUCKlEY. SOfUH ac JERNGAN. 1He. IN 1995 WERE SURVEl'ED VIA RETRACEMENT . .THOUT REGARD 10
THE DESCRIBED LANDS SET FORlH IN SAID QUIT -Q.AlM, DEED.
. 1KE LOCA 110M OF ntE -'TEMPORARY ROAO- AND 1HE AREAS DEPtClED AS "TRACT A-ON nfE SUR\4EY MAP
WERE SCALED FROM THE UNDERLYING RECORDED PLA 15 AND THE lOCATIONS OF SAME ARE SHOWN FOR
INF'ORtlfA 110HAL PURPOSES ONLY.
O.lHE SURFACE TOPOGRAPHY AS INDlCAlEO ON ntE SUR'<<Y MAP tN HAlF-TONE ClARITY WAS ACQUIRE1) FROM
THE AFOREMENllONED SURVEY PREPARED BY POST. BUCKLEY. SCHUH ac' JERNGAN, 1Ne. IN 1995. AS THfS
ENGAGEMENT WAS U"lEO TO A, BOUNOARY SURVEY, SAID TOPOGRAPHY IS PRESENTED FOR INF'ORMAl1ONAl
PURPOSES ONLY AND IS SUBJECT TO CHANGES THAT MAY HAVE TAKEN PlACE SINCE THAT l1ME.
.... -
u.ll.... ..111.1.. W~I'"
S 80UNDARY SUR\€)' AND 11-IE RESULl1NG SURVEY MAP AND REPORT RESULnNG THEREFROM WAS PREPARED FOR
: SPECIF1C PURPOSE OF DEPIC11NG 'THE CAPlURE OF BOUNDARY .THII THE SUBJECT PROPERTY. CLOSED
IME1RIC F1GURES WERE MEASURED IN lHE F1ELD AND MAlHDIAneALLY WRlRED IN A MANNER CONSlSlENT Wlnt
!'JEYS FOR COMMERaAL/'HIGH RISk URBAN AREAS. COMPARIsoNS BEnlEEN PlATTED, MEASURED AND CAlCUlATED
lJES ARE AS MORE FUllY SHOWN ON THE SUR'JEY MAP.'
...~_.. Mn~A1 ....
"... '" ....
1. niE SUB.E:CT PROPERTY IS CONTAINS STRUClURES, PA\UENTS. unullES ANDtoilmf'fAClUTlES RELATED TO
PUBLIC USE. lME 1000TlFlCA nON. CHARACTER. LOCA lION AND RELA TKlNSHIP OF THE F AaunES WllHlN lHE
SUB.ECT PROPERTY ARE AS MORE fUllY SHOWN ON tHE SUR\f:Y MAP. . ,
2. lHESE MEASUREMENTS AND EXAMlNA110NS WERE PERFORMED UNDER MY DIRECT SUPER-"SION AND IN MY
PROFESSIONAl JUDGEMENT. E\€RY ATTEt.tPT WAS MADE TO LOCAlE tHE DATA IN QUESTION USING tHE STANDARD
OF CARE FOR SUR\4EYING AND MAPPING IN THESE MAnERS. SUe.ECT TO THE UMITAnONS(AS~~T FORTH IN THIS
SURVEY MAP AND REPORT. .
..-IX
.fir T I'. _ .lou-~ltIJI..
NO INFORMA11ON WAS PROVIDED AS TO THE EXISTENCE OF ANY EASEMENTS OtHER THAT MiAT MAY APPEA~ ON THE
UNOERU1NG PlATS OF RECORD. PlEASE REFER'TO THE UMITA110NS PORnON (AR11Q.E vt) Of THIS REPORT WITH
RESPECT TO POSSIBlE RESTRlCnONS OF RECORD AND unuTY SERVICES.
.....X
.. . Hi. a- ......
nos BOUNDARY SURWY AND 1HE SURWY MAP AND REPORT RESULnNG THEREFROM WERE PREPARED AT lHE
INSISTENCE OF AND ARE CERl1F1EO TO:
lHE CITY OF MIAMI BEAOf
CAPITAL IMPRO-.alENTS, PRO.ECTS OFFICE
1700 CONVENnON CENlER DRIVE
MIAMI BEAOf. FlORIDA 33139
305-673-7071
305-873-7073 fAX
CITY BUDGET ACCOUNT NUMBER 371-2159.087357/p.O. VlOO899
r~f~~'.
~ TASK
--- .
~H NORTH SHORE OPEN' SPACE PARK BOUNDARY ,
-~..._....__... .... - ....~y .. '""" - .
.' .~. .
,..;............-.-...-
'.
. .
3~Vlll^
~]]~J
NVIGNI
8
~~JI I el
-, VI r. I -
<J cr: ,I 1111
~~ fI J Iii lit
~~ l -11't
O:Q.!I ~-.I~
~.;>J L iUit
@
I
~ .
~w E
~~ !!I
05 . 11-
l~ lId
~~ !'1~
li:~ I~ E
~" ~U~
---
11S>Hl, 6t- 0" ~';
. 0 :
: I
.. 0 I
I L....o !
I !
!
!
i
.if~_
00
i .........
. I
-I i-
. ~!
. '-...../
~
.
_.,moo'l
i
I
I
I
I
I
00"__" __,_....J _
S ONl:ll
..... ~
I .
l' :;.
r'" .-
.,
-=t""
I
i
i
I
I
I
o
I$-
15 ~:r~_.
o \
~ :'.: \
''1
,4. t
' .
J~
~1
: 0
I~
o J-
.l!
"
1S11
l<:
D::
<
Cl.
w
U
<
Cl.
111
Z
W
Cl.
o
w
D::
o
r
111
(~
:J:
0-
cr:
0,
ZO
I~
Z ,
58
Q.5
wli,,;
'::~
Vl",
q
~I
z
w
Cl.
o
W
0:::10::
00::
:I:<C
I l"IIII1~~
i 1IIIIlll~l'i
I
I "
~
...
~
J !!!,- ..-
~9o~ J Z
I .~~~l <
H~
. . "
iUJH .~
Alii
I-
W
Vl
!:i !~
~ ii
~ n~
o
.....
I
.<t
l
J
~
::t
o
o
Cl:
0-
III
W
Cl:
,'i'
z'-
< ,.
-'II>
0.5
woj
0-<
- <>
Ill",
I
z
o
:J
-'
5
<
Cl.
I
N
::;;
o
o
fr
I-
III
W
D::
19
z'-
<.'
-,II>
a.. 5-
w'j
0-<
ViM
C!
r<)-
I
I
1 . Z
I / 0
l/~ j
,;1' ,I " ~
.I ~ /" . a..
/ II
J '
/: '
, I
i 1
I
I
I
I
I
I
1
I
I
1
I
I
1
I
I
I
I
I
r<)
::t
o
o
Cl:
0-
V1
W
II::
I~
Z'-
<.'
-,II>
a.s
w..;
o-<t.
Vil1l
Fll18
(DEP Contract Number)
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Amendment 1 to Agreement
This Amendment entered into on , 20___,
serves to amend portions of the Agreement dated January 29, 2001,
by and between the Department of Environmental Protection,
hereinafter referred to as DEPARTMENT, and the CITY OF MIAMI
BEACH, hereinafter referred to as GRANTEE, for the approved
recreational project known as North Shore Park Renovation,
Project tFOll18, pursuant to section 375.075, Florida Statutes
and Part V, Chapter 620-5, Florida Administrative Code.
In and for the mutual covenants between them, the DEPARTMENT
and the GRANTEE agree that the following amendment shall apply to
the above referenced Agreement:
Paragraph 13 Sentence 1 is amended as follows: The
GRANTEE shall complete all project elements on or before January
31, 2004.
In all other respects the Agreement of which this is an
Amendment and attachments relative thereto shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement on the day and year first above written.
-~~
BEACH
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
.
", -
~ .
By:
Director or Designee
Division of Recreation and Parks
By:
P
to Siqn
~
Address:
2100 Washington Avenue
Miami Beach, Florida 33139
Approved as to Fonm and
Sufficiency: Agreement has been
pre-approved as to form and
sufficiency by Jerome I.
Johnson, Assistant General
Counsel, on December 12, 2002,
for the use for one year.
/
Grantee~torney
APPROVED AS TO
FOAM & LANGUAGE
a FOR EXECUTION
DEP 42-050
Revised 1-23-02
- 0"3
lOQ).- '2 Vi 't -t .,.... ff.l\r
CITY OF MIAMI BEACH
Grants Management Office
I nteroffice Memorandum
m
To:
Robert Parcher Date: January 22. 2003
City Clerk
From:
Judy Hoanshelt ~
Grants Management ~ '
Subject: Signature Request - State of Florida Department of Environmental Protection
Please find attached two (2) grant agreement amendments for the Mayor to execute for
the State of Florida Department of Environmental Protection, FRDAP grant for North Shore
Park Renovation. The amendment extends the construction completion date for this
project,
Please return the signed amendments to me.
Thank you.
JH\lcd
--
F:'lCmgr\$ALL\JUDY\Grants\Sign Agmt Coy Ltr.doc
--rr.u.o OtuGw'~ >.~~ ~
, ~ ~ ~ ~t.df'1-f'a.
CJ 0
-l (..)
~ <- :::0
(':l .~- m
r- Z 0
P1 ~.J
::.0 + m
A
. -
UJ :J> <
:x
0 m
'1 \.0
~ CJ
Ul
G ,..-
f"Tl