HomeMy WebLinkAboutResolution 2026-34222RESOLUTION NO. 2026-34222
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A UTILITY
EASEMENT AGREEMENT FOR WATER MAIN AND WATER METER
("EASEMENT AGREEMENT") FROM TCH 500 ALTON COMMERCIAL, LLC
("OWNER/GRANTOR") TO THE CITY ("GRANTEE"), FOR USE OF THE
FOLLOWING EASEMENT AREAS ON OWNER'S PROPERTY, LOCATED AT 500
ALTON ROAD, LYING IN SECTION 03, TOWNSHIP 54 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA: (1) EASEMENT AREA LYING IN PORTIONS
OF LOTS 8, 9, 10, OF AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION,
RECORDED IN PLAT BOOK 21, AT PAGE 83 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA (THE "PLAT"), CONTAINING
APPROXIMATELY 979 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED
IN THE EASEMENT AGREEMENT, TO ACCESS, CONSTRUCT, INSTALL,
OPERATE, MAINTAIN, REPAIR, REPLACE, UPGRADE, RELOCATE, EXPAND,
REMOVE AND/OR ABANDON A TWELVE (12) INCH WATER MAIN AND TWO (2)
WATER METERS AND RELATED INFRASTRUCTURE; AND (2) EASEMENT
AREA LYING IN PORTIONS OF LOTS 2, 3, 4, AND A PORTION OF THAT
CERTAIN 15 FOOT ALLEY ADJACENT TO SAID LOT 2, VACATED PURSUANT
TO RESOLUTION NO. 2013-28343, ACCORDING TO THE PLAT THEREOF,
CONTAINING APPROXIMATELY 506 SQUARE FEET, AS MORE PARTICULARLY
DESCRIBED IN THE EASEMENT AGREEMENT, TO ACCESS, CONSTRUCT,
INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE, UPGRADE, RELOCATE,
EXPAND, REMOVE AND/OR ABANDON TWO (2) WATER METERS AND
RELATED INFRASTRUCTURE; FURTHER, AUTHORIZING THE CITY MANAGER
TO FINALIZE THE EASEMENT AGREEMENT; AND FURTHER, AUTHORIZING
THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE EASEMENT
AGREEMENT.
WHEREAS, TCH 500 Alton Commercial, LLC, a Delaware limited liability company
("Owner/Grantor") is the Owner of the property located at 500 Alton Road, Miami Beach ("Property");
and
WHEREAS, the Owner has obtained approval from the City's Design Review Board ("DRB")
(under DRB File No. DRB18-0354), for the construction of a mixed -use building on the Owner's
Property ("Development"); and
WHEREAS, as part of the Development, the installation and long-term operation of water
utility infrastructure are necessary to provide reliable, potable water service and ensure compliance
with applicable City standards and regulatory requirements; and
WHEREAS, because portions of this water main extension and four (4) water meters and
related infrastructure will be located on Owner's Property, the City requires that Owner grant the City
the following perpetual, exclusive Easements, authorizing the City to use the following Easement
Areas:
(1) Easement Area lying in portions of Lots 8, 9, 10, of AMENDED PLAT OF AQUARIUM
SITE RESUBDIVISION, recorded in Plat Book 21, at Page 83 of the Public Records of Miami -Dade
County, Florida (the "Plat"), having a width varying between seven point five (7.5) and nine (9) feet,
containing 979.0 square feet, approximately, as more particularly described in the Easement
Agreement (as defined herein), to access, construct, install, operate, maintain, repair, replace,
upgrade, relocate, expand, remove and/or abandon a twelve (12) inch water main and two (2) water
meters and related infrastructure, together with the non-exclusive right of ingress, egress and regress
on, over and through the Owner's Property for access to the Easement Area; and
(2) Easement Area lying in portions of Lots 2, 3, 4, and a portion of that certain 15 foot alley
adjacent to said Lot 2, vacated pursuant to Resolution No. 2013-28343, according to the Plat thereof,
measuring eight (8) foot by sixty-three point twenty-four (63.24) feet, containing 506 square feet,
approximately, as more particularly described in the Easement Agreement, to access, construct,
install, operate, maintain, repair, replace, upgrade, relocate, expand, remove and/or abandon two
(2) water meters and related infrastructure, together with the non-exclusive right of ingress, egress
and regress on, over and through the Owner's Property for access to the Easement Area; and
WHEREAS, the City Manager recommends that the Mayor and City Commission approve,
in substantial form, the Utility Easement Agreement for Water Main and Water Meter ("Easement
Agreement"), a draft copy of which is attached to the City Commission Memorandum accompanying
this Resolution as Exhibit "A", to ensure that the City can fulfill its responsibility to provide continuous
service, respond to emergencies, and protect public health, safety, and welfare.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve,
in substantial form, a Utility Easement Agreement for Water Main and Water Meter ("Easement
Agreement") from TCH 500 Alton Commercial, LLC ("Owner/Grantor") to the City ("Grantee"), for use
of the following Easement Areas on Owner's Property, located at 500 Alton Road, lying in Section
03, Township 54 South, Range 42 East, Miami -Dade County, Florida: (1) Easement Area lying in
portions of Lots 8, 9, 10, of AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION, recorded in
Plat Book 21, at Page 83 of the Public Records of Miami -Dade County, Florida (the "Plat"), containing
approximately 979 square feet, as more particularly described in the Easement Agreement, to
access, construct, install, operate, maintain, repair, replace, upgrade, relocate, expand, remove
and/or abandon a twelve (12) inch water main and two (2) water meters and related infrastructure;
and (2) Easement Area lying in portions of Lots 2, 3, 4, and a portion of that certain 15 foot alley
adjacent to said Lot 2, vacated pursuant to Resolution No. 2013-28343, according to the Plat thereof,
containing approximately 506 square feet, as more particularly described in the Easement
Agreement, to access, construct, install, operate, maintain, repair, replace, upgrade, relocate,
expand, remove and/or abandon two (2) water meters and related infrastructure; further, authorize
the City Manager to finalize the Easement Agreement; and further, authorize the City Manager and
the City Clerk to execute the Easement Agreement.
PASSED and ADOPTED this .2e1 day of Apra 2026.
ATTEST:
APR 2 8 2026 Steven Meiner, Mayor
...........
Rafael E. Granado, City Clerk
..•ram
ltt�ORP OPATED
APPROVED AS TO
�H•..6 FORM & LANGUAGE
& FOR EXECUTION
L� ¢l l 4-/zo2t.
City Attorney I�.,� Dote
Resolutions - C7 O
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: April 22, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A UTILITY
EASEMENT AGREEMENT FOR WATER MAIN AND WATER METER
("EASEMENT AGREEMENT") FROM TCH 500 ALTON COMMERCIAL, LLC
("OWNER/GRANTOR") TO THE CITY ("GRANTEE"), FOR USE OF THE
FOLLOWING EASEMENT AREAS ON OWNER'S PROPERTY, LOCATED AT 500
ALTON ROAD, LYING IN SECTION 03, TOWNSHIP 54 SOUTH, RANGE 42 EAST,
MIAMI-DADE COUNTY, FLORIDA: (1) EASEMENT AREA LYING IN PORTIONS OF
LOTS 8, 9, 10, OF AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION,
RECORDED IN PLAT BOOK 21, AT PAGE 83 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA (THE "PLAT"), CONTAINING APPROXIMATELY
979 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN THE EASEMENT
AGREEMENT, TO ACCESS, CONSTRUCT, INSTALL, OPERATE, MAINTAIN,
REPAIR, REPLACE, UPGRADE, RELOCATE, EXPAND, REMOVE AND/OR
ABANDON A TWELVE (12) INCH WATER MAIN AND TWO (2) WATER METERS
AND RELATED INFRASTRUCTURE; AND (2) EASEMENT AREA LYING IN
PORTIONS OF LOTS 2, 3, 4, AND A PORTION OF THAT CERTAIN 15 FOOT
ALLEY ADJACENT TO SAID LOT 2, VACATED PURSUANT TO RESOLUTION NO.
2013-28343, ACCORDING TO THE PLAT THEREOF, CONTAINING
APPROXIMATELY 506 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED
IN THE EASEMENT AGREEMENT, TO ACCESS, CONSTRUCT, INSTALL,
OPERATE, MAINTAIN, REPAIR, REPLACE, UPGRADE, RELOCATE, EXPAND,
REMOVE AND/OR ABANDON TWO (2) WATER METERS AND RELATED
INFRASTRUCTURE; FURTHER, AUTHORIZING THE CITY MANAGER TO
FINALIZE THE EASEMENT AGREEMENT; AND FURTHER, AUTHORIZING THE
CITY MANAGER AND THE CITY CLERK TO EXECUTE THE EASEMENT
AGREEMENT.
RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND/HISTORY
TCH 500 Alton Commercial, LLC, a Delaware limited liability company ("Owner/Grantor") is the
Owner of the property located at 500 Alton Road, Miami Beach ("Property").
The Grantor has obtained approval from the City's Design Review Board ("DRB") (under DRB
File No. DRB18-0354), for the construction of a mixed -use building on the Grantor's Property
("Development").
As part of the Development, the installation and long-term operation of water utility infrastructure
are necessary to provide reliable, potable water service and ensure compliance with applicable
City standards and regulatory requirements. Because portions of this water main extension and
four (4) water meters will be located on private property, a perpetual easement is required to grant
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the City the legal right to access, construct, install, operate, maintain, repair, replace, upgrade,
relocate, expand, remove and/or abandon the water main, water meters and associated facilities.
This easement ensures the City can fulfill its responsibility to provide continuous service, respond
to emergencies, and protect public health, safety, and welfare.
ANALYSIS
In connection with the Development, the Grantor has agreed to execute the proposed Utility
Easement Agreement for Water Main and Water Meter ("Easement Agreement"), a copy of which
is attached hereto as Exhibit "A"; said Easement Agreement conveying to the City the following
perpetual Easements for use of the following Easement Areas:
(1) Easement Area lying in portions of Lots 8, 9, 10, of AMENDED PLAT OF AQUARIUM
SITE RESUBDIVISION, recorded in Plat Book 21, at Page 83 of the Public Records of Miami -
Dade County, Florida (the "Plat"), having a width varying between seven point five (7.5) and nine
(9) feet, containing 979.0 square feet, approximately, as more particularly described in the
Easement Agreement (as defined herein), to access, construct, install, operate, maintain, repair,
replace, upgrade, relocate, expand, remove and/or abandon a twelve (12) inch water main and
two (2) water meters and related infrastructure, together with the non-exclusive right of ingress,
egress and regress on, over and through the Owner's Property for access to the Easement Area;
and
(2) Easement Area lying in portions of Lots 2, 3, 4, and a portion of that certain 15 foot
alley adjacent to said Lot 2, vacated pursuant to Resolution No. 2013-28343, according to the
Plat thereof, measuring eight (8) foot by sixty-three point twenty-four (63.24) feet, containing 506
square feet, approximately, as more particularly described in the Easement Agreement, to
access, construct, install, operate, maintain, repair, replace, upgrade, relocate, expand, remove
and/or abandon two (2) water meters and related infrastructure, together with the non-exclusive
right of ingress, egress and regress on, over and through the Owner's Property for access to the
Easement Area; and
Since the City is required to maintain the water infrastructure from the water main to the water
meters, and including the water meters located on the Property, the Administration recommends
the execution of the proposed Easement Agreement.
FISCAL IMPACT STATEMENT
No fiscal impact.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https•//www miamibeachfl qov/city-hall/city-clerk/meeting-notices/
CONCLUSION
The City Manager recommends that the Mayor and City Commission approve, in substantial form,
the Utility Easement Agreement for Water Main and Water Meter, a draft copy of which is attached
hereto as Exhibit "A", to ensure that the City can fulfill its responsibility to provide continuous
service, respond to emergencies, and protect public health, safety, and welfare.
Applicable Area
516 of 2461
South Beach
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O. Bond
P roiect?
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Public Works
Sponsor(s)
Co-sponsor(s)
Condensed Title
Approve Utility Easement Agreements from TCH 500 Alton Commercial LLC. PW
Previous Action (For City Clerk Use Only)
517 of 2461
EXHIBIT "A"
This instrument prepared by:
Ricardo J. Dopico, City Attorney
Office of the City Attorney
1700 Convention Center Drive, 41' Floor
Miami Beach, Florida 33139
Folio Nos. 02-4204-006-0160
(Space reserved for Clerk)
UTILITY EASEMENT AGREEMENT
FOR WATER MAIN AND WATER METERS
THIS UTILITY EASEMENT AGREEMENT FOR WATER MAIN AND WATER METERS (the
"Agreement") is made this day of 2026 ("Effective Date"),
between TCH 500 ALTON COMMERCIAL, LLC, a Delaware limited liability company, as
owner and grantor, and its successors and assigns (hereinafter called "Grantor') and the CITY OF
MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida (the "City"), as grantee,
and its successors and assigns (hereinafter called "Grantee').
WITNESSETH:
WHEREAS, Grantor is the owner of that certain improved real property located within the
City's municipal jurisdiction, with a street address of 500 Alton Road, Miami Beach, Florida 33139,
bearing Folio No. 02-4204-006-0160 and more particularly described in EXHIBIT "A", attached
hereto and made a part hereof (the "Grantor's Property"); and
WHEREAS, Grantor obtained approval from the City's Design Review Board ("DRB")
(under DRB File No. DRB18-0354 for the construction of a mixed -use building on Grantor's Property
(the "Development"); and
WHEREAS, in connection with the Development, Grantor has agreed to convey to Grantee a
perpetual, irrevocable, exclusive Easement (as defined in Section 2 below) for Grantee to, construct,
install, operate, maintain, repair, replace, upgrade, relocate, expand, and, remove and/or abandon a
certain subterranean water -main (the "Water Main") and four (4) related water meters (the Water Main and
water meters shall be collectively referred to herein as the "City Utility Infrastructure"), together with the non-
exclusive right of ingress, egress and regress on, over and through Grantor's Property for access to
the Easement Areas; and
WHEREAS, on the Mayor and City Commission adopted
Resolution No. authorizing the City Manager to accept this
Easement (as defined in Section 2) on the Grantor's Property.
518 of 2461
NOW THEREFORE, for and in consideration of ten and no/100 dollars ($10.00) and other
good and valuable consideration, the receipt of which is acknowledged, the parties hereby mutually
covenant and agree as follows:
GRANT OF EASEMENT
Recitals. The above recitals are true and correct and are hereby incorporated into
this Agreement.
2. Consideration and Description. the Grantor, for and in consideration of the City's
DRB approvals related to Grantor's Development, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, a
perpetual, irrevocable, exclusive easement (the "Easement") under, in, on, through and over a
portion of Grantor's Property, as such property is more specifically described and delineated in
EXHIBIT "B," attached hereto and made a part hereof (each an "Easement Area" and collectively
referred to herein as the "Easement Areas") to access, construct, install, operate, maintain, repair,
replace, upgrade, relocate, expand, remove and/or abandon the folkm6ng City Utility Infrastructure within
the below described Easement Areas, in Grantee's sole discretion, together with the non-exclusive right
of ingress, egress and regress on, over and through Grantor's Property for access to the Easement
Areas:
A. Water Main Easement Area lying in portions of Lots 8, 9, 10, of AMENDED PLAT OF
AQUARIUM SITE RESUBDIVISION, recorded in Plat Book 21, at Page 83 of the Public Records of
Miami -Dade County, Florida (the "Plat"), having a width varying between seven point five (7.5) and
nine (9) feet, containing 979.0 square feet, approximately, as more particularly described in Exhibit
"B", to access, construct, install, operate, maintain, repair, replace, upgrade, relocate, expand,
remove and/or abandon a twelve (12) inch water main and two (2) water meters and related
infrastructure; and
B. Water Meter Easement Area lying in portions of Lots 2, 3, 4, and a portion of that
certain 15 foot alley adjacent to said Lot 2, vacated pursuant to Resolution No. 2013-28343,
according to the Plat thereof, measuring eight (8) foot by sixty-three point twenty-four (63.24) feet,
containing 506 square feet, approximately, as more particularly described in Exhibit "B", to access,
construct, install, operate, maintain, repair, replace, upgrade, relocate, expand, remove and/or
abandon two (2) water meters and related infrastructure.
3. Uses.
3.1 Grantee shall use the Easement and the Easement Areas during the Term provided
herein solely for the express purposes provided in Section 2 herein, which will include, without
limitation, the right to take readings, inspecting the Water Meters, and performing work in
connection with the construction, installation, operation, maintenance, repair, replacement,
upgrade, relocation, expansion, removal and/or abandonment of the City Utility Infrastructure, in
Grantee's sole discretion, together with the non-exclusive right of ingress, egress and regress on,
over and through Grantor's Property for access to the Easement Areas. Grantee may utilize the
Easement Areas without Grantor's prior written approval at any time or times.
3.2 The Grantor shall have the right to full use and enjoyment of Grantor's Property,
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519 of 2461
except for such use as may unreasonably interfere with the exercise by Grantee of the rights
granted under this Agreement. Grantor shall be prohibited from obstructing Grantee's access to,
or use of, the Easement Areas. Grantor shall not construct, or permit to be constructed, any type
of encroachment, structure or improvement, under, in, on, through or over the Easement Areas
(collectively, "Easement Encroachments"), except for the installation and maintenance of sod,
without the prior written consent of the Public Works Department Director.
4. Inspection. It is hereby agreed that Grantee, including any City official has the right,
during normal business hours, to enter and investigate the use of the Grantor's Property to verify
compliance withthe conditions of this Agreement and the requirements of the City's Building, Public
Works, Zoning and Land Development Regulations.
5. Term. The Easement and rights granted herein shall be perpetual, irrevocable, and
exclusive and shall be possessed and enjoyed by Grantee, its successors and assigns, for the
purposes stated herein, unless modified or released with the approval and act of the City
Commission (the "Term").
6. Work/Maintenance. At all times during the Term, the City Utility Infrastructure shall
remain property of Grantee and Grantee, at its sole cost and expense, shall maintain the City Utility
Infrastructure and shall make all repairs or perform all work deemed necessary by Grantee, in its
sole discretion; provided, however, that Grantor shall be responsible for reimbursing Grantee for
any damage caused by Grantor, its officers, employees, contractors, agents and invitees. In the
event Grantee seeks to access the Easement Areas under this Agreement, Grantee shall be
authorized (but not as its duty) to remove any existing Easement Encroachments or other
decorative features, such as, without limitation, pavers, lighting, landscape (other than sod/grass),
irrigation or service lines (collectively, "Decorative Features") at Grantor's sole cost and expense
prior to commencement of Grantee's work. At Grantee's option, Grantor shall be responsible for
removing any Easement Encroachments or Decorative Features prior to work being performed by
Grantee. Grantee shall use reasonable efforts to avoid damage to Grantor's Property or any
improvements thereon in connection with the use of the Easement Areas; however, Grantee shall
not be responsible for any damage caused to the Grantor's Property or improvements thereon.
Following completion of Grantee's work, Grantee shall not be liable for the replacement of any
Easement Encroachments or Decorative Features other than restoring sod/grass to existing
conditions. Following completion of Grantee's work, Grantor shall be responsible for restoring any
damaged Easement Encroachments or Decorative Features in accordance with any applicable
permits.
7. Notices. All notices, requests, consents and other communications required
or permitted under this Agreement shall be in writing and shall be (as elected by the person giving
such notice) hand -delivered by messenger or courier service; or mailed (airmail, if international) by
registered or certified mail (postage prepaid), return receipt requested; or sent by any form of
overnight mail service, addressed to:
AS TO GRANTOR:
E-Mail:
520 of 2461
AS TO GRANTEE: City of Miami Beach
Attn: Public Works Department
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
E-Mail: Johnnorris@miamibeachfl.gov
WITH COPIES TO: City of Miami Beach
Attn. City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
_a•
City of Miami Beach
Attn: City Attorney
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal
delivery or any form of overnight mail service; and (ii) on the date upon which the return receipt is
signed or delivery is refused or the noticeis designated by the postal authorities as not deliverable,
as the case may be, if mailed. Notwithstanding the foregoing, written notice associated with
coordinating Grantee's work or other notifications not associated with a default notice may be
provided to the other party via e-mail, at the e-mail address provided herein, as may be amended
in writing from time to time.
8. Miscellaneous Terms and Conditions
8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of the
City's sovereign immunity protection, or as increasing the limits of liability as set forth in Section
768.28, Florida Statutes.
8.2 Construction. For purposes of construction by a Court, the parties hereto
acknowledge that both parties hereto participated in the drafting of this document.
8.3 City's Governmental Capacity/No Waiver of City Police Powers. Grantor confirms
that it has full power and authority to grant this Easement. Nothing in this Agreement or in the
parties' acts or omissions in connection herewith shall be deemed in any manner to waive, impair,
limit, or otherwise affect the authority of the City in the discharge of its police or governmental
powers.
8.4 Remedies. An action to enforce the terms and conditions of this Agreement may
be brought by Grantee and may be, at law or in equity, against any party or person violating or
attempting to violate any provision of this Agreement or provisions of the Building, City Code,
Zoning or Land Development Regulations, either to restrain violations or to recover damages. Any
amounts due under this Agreement shall be due and owing within forty-five (45) days of receipt of
the invoice. The prevailing party in any action or suit arising out of or pertaining to this Agreement
shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as
4
521 of 2461
the court may determine to be reasonable for the services of its attorney. This enforcement
provision is in addition to any other remedy at law, in equity, or both.
8.5 WAIVER OF JURY TRIAL. GRANTOR AND GRANTEE HEREBY KNOWINGLY
AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR
PROCEEDING THAT GRANTOR OR GRANTEE MAY HEREINAFTER INSTITUTE AGAINST
EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT.
8.6 Successors and Assigns. This Agreement shall be binding upon, and inure to the
benefit of, Grantor and Grantee and their respective successors and assigns.
8.7 Entire Agreement; Modifications. This Agreement sets forth the entire agreement
between the parties specifically relating to the subject matter of the Easement granted hereby and
there are no other agreements or understandings between them relating to City's use of the
Easement Areas. This Agreement may not be modified, released or terminated, except by
agreement in writing executed by the parties hereto or their respective successors and/or assigns,
and in the case of Grantee, approved by the Mayor and City Commission of the City of Miami
Beach.
8.8 Governing Law. This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Florida, both substantive and remedial, without regard toprinciples of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -
Dade County, Florida, if in state court, and the U.S. District Court for the Southern District of Florida,
if in federal court.
8.9 Grantor Representations. Grantor covenants, warrants and represents (i) that
Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant
the perpetual Easement granted herein, and (ii) there are no lienholders on the Grantor's Property.
8.10 Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created. under the terms of this Agreement are
appurtenant to Grantor's Property.
8.11 Recording. This Agreement shall be recorded in the Public Records of Miami -Dade
County, Florida by Grantee at the cost of Grantor.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and
Grantor will defend the title to Grantor's Property against the lawful claims of all persons
whomsoever.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
522 of 2461
IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in
its name on the day and year first above written.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF:
TCH 500 Alton Commercial, LLC
a Delaware limited liability company
Signature
Print Name By:
Address: Name:
Title:
Signature
Print Name
Address:
STATE OF FLORIDA )
) SS:
COUNTY OF M[AM I-DADE )
The forgoing instrument was acknowledged before me by means of physical
presence or online notarization this day of 2026, by
, as of TCH 500 Alton Commercial, LLC, a
Delaware limited liability company, on behalf of said corporation, who is personally known to me or
produced as identification.
My Commission Expires:
Print Name:
Notary Public, State of Florida
[NOTARIAL SEAL]
0
523 of 2461
IN WITNESS WHEREOF, Grantee herein has caused these presents to be
executed in its name on the day and year first above written.
ATTEST:
Signature
Print Name
Address: 1700 Convention Center Dr.
Miami Beach, FL 33139
Signature
Print Name
Address: 1700 Convention Center
Drive, Miami Beach, Florida 33139
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE)
CITY OF MIAMI BEACH, FLORIDA,
a Florida municipal corporation
Eric T. Carpenter, City Manager
The forgoing instrument was acknowledged before me by means of physical presence
or online notarization this day of , 2024, by Eric T. Carpenter, as City Manager of
the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of theState of Florida, on behalf of
said municipal corporation, who is personally known to me or produced
as identification.
My Commission Expires:
Print Name:
Notary Public State of Florida
[NOTARIAL SEAL]
7
524 of 2461
Exhibit "A"
Grantor's Property
525 of 2461
Exhibit "B"
Easement Areas
526 of 2461
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
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AMENDED PLAT OF UC r�kH-
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RESUB410SION _! - - (P.B. 2,` PG. 81)
(P.B.-21,8j) -` - a -
- P1nr.� !ro4
_OCEAN ACI i -- - { E- - -r
_ - N �co 98
ADDITIO NO.,S l '
5TH ST (STATE ROAD A-1-A)
LOCATION MAP
A PORTION OF SECTION 03, TOWNSHIP 54 SOUTH, RANGE 42 EAST
MIAMI BEACH, FLORIDA
NOT TO SCALE M/AMl-DADS COUNTY FOLIO ,¢t•
02- 4204- 006- 0010
PROPERTY ADDRESS.' 500 AL TON RD.
THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 4775
e)�REVISIONS
LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 -
PHONE No.(954)435-7010
ORDER N0. 217841 PREPARED /UNDER AdY SUPERVISION:`-- Mega 8�
R� .A/i1 /X,rf 1 A��1UIl �:...�
DATE: MARCH 5, 2074 � , t �,�'�
THIS IS NOT A " BOUNDARY SURVEY" MARK STEVEN JOHNSON, P INCIPAL
K-1OJ5442%500 600—/00 Al TON ROAO�P£RAWT 4_T0WIR`XWATFR EASEMENTS S.4i\YVAT£R FASFA#Nl.DWG
527 of 2461
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
WATERMA/N EASEMENT AREA
�_- - - - - -- - - -- P.O.C.
6 th STREET N _
0 o N88'00 53 E d=90'00'17"
N N 4.54' L=31.42' S
- - -- — —I�t - - - S88'00'53 "W
I _50.00' _
o N4822' 12 "W 23. 55' , 0.
LOT I ,' I o
LOT 10 " N
IS o ^ _ So.0 ao
a
Ij 110 o Q
I LOT 9 0 ,L- 0 I
! WATER EASEMENT `IX3" ' -C�," o
(979t SQ.fT.) o n �
AMEN_ DED _ T OF AQUARIUM-- 75' i O N'. o of
SITE RRBDMS10N
(P.B. 21,, 83) LOT 8 N o o
LOT gar = W
t5' N ` S88'00 27"W 7.50'
_ Z
Ln
- - `N LOT 5 N z
;n ^ o
Or,O' 14 I rN LOT 5 N ��
50 0 25 50
I /NCH = 50 FT
SCALE 1 "=50'
LEGEND:
DENOTES BASELINE
DENOTES CENTERLINE
IQ
DENOTES PROPERTY LINE
P.B.
DENOTES PLAT BOOK
PG.
DENOTES PAGE
P.O. B.
DENOTES POINT OF BEGINNING
P.O.C.
DENOTES POINT OF COMMENCE
THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 4775
.sduoed&_ Skdk . p_ 4"oc&if&. &? REVISIONS
LAND SURVEYORS -ENGINEERS -LAND PLANNERS �- 3240 CORPORATE WAY-MIRAMAR, FL 33025
PHONE No.(954)435-7010
ORDER NO. 217841 PREPARED HOER Y SUPERNS( - --
DATE. MARCH 5, 2024 J1_
THIS IS NOT A ' BOUNDARY SURVEY" MARK STEVEN JOHNSON, P INCIPAL^
K�!L_'44iti SC-0 600 106 Ill✓N PDADQlf .w.3 4 ?;h'4`bj''=', S[M[NIS Sk:AWATE,P EASEAHNI DWG
528 of 2461
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
WATER METER EASEMENT AREA
N
_ _L01 5 _ _ I
— — — — N88.29 08. 71E 00' A 0. B.
N LOT 4 N 11 tn
1 or 15 15' — — � W
N
N LOT 3 N N. :f o Q z
AMENDED PLAT OF AQUARIUM - o z 0 - *
- - - - — - - S/Tr A, SU$DMSION LOT ? �, o o `� •- �! o
04 2 cn g IZI
N
\ (P.B. i �110' WATER EASEMENTCN
(506 SO.fT�
ALLEY l 50. 01 o
90' 75' N
- --" 25' 25' S88729 07 w r�
\ LOT 17 8.00' m
oti
O / 16 101 o;
\ \ � I LOT 1 � � � ? q �
/ zI
\. 0
\ NORTH RIGHIOF -Wr LINES /
50 25 25' �11.2'
'SOUTH LINE -LOTS 17. 18, 19 AND 1 I
(P.B. 21, PG. 83, M/D.C.R.)
,MONUMENT LINE (P_B. 21, PG. 83,
-- -�SR AlA /
MC ARTHUR CAUSEWAY--
(STATE ROAD No. A lA, SECTION 87060-2510,
SHEET 2 OF 4) 50 0 25 50
1 INCH = 50 FT
SCALE 1"=50'
THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEVEN JOHNSON, P.S.M. 4775
& , notc- REVISIONS
LAND SURVEYORS-ENGINEERS-LANDPLANNERS - 3240 CORPORATE WAY--MIRAMAR, FL 33025
PHONE No.(954)435-7010
ORDER N0. 217841 PREP RED NOER J4Y SUPERV151
DATE: MARCH 5, 2024 / LQ MAb
THIS IS NOT A " BOUNDARY SURVEY' MARK STEVEN JOHNSON, P INCIPAL
S29 of 2461
LEGAL DESCRIPTION
TO ACCOMPANY SKETCH
WA TER EASEMENT
PORTIONS OF LOTS 8, 9 AND 10, OF AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGE 83, OF THE PUBLIC RECORDS OF MG4MI-DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSEC77ON OF THE CENTERLINE OF ALTON ROAD AND THE CENTERLINE OF 6 STREET,
THENCE RUN ALONG THE SAID CENTERLINE OF ALTON ROAD; SAID CENTERLINE ALSO BEING A LINE PARALLEL WITH AND
50.00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID LOTS 8, 9 AND 10, SOUTH
01'58 50" EAST FOR A DISTANCE OF 45.00 FEET TO A POINT, THENCE RUN SOUTH 88'00 53" WEST FOR A DISTANCE OF
50.00 FEET TO THE POINT OF BEGINNING (P.O.B.) OF THE FOLLOWING EASEMENT, THENCE RUN ALONG THE WESTERLY
RIGHT-OF-WAY LINE OF ALTON ROAD (STATE ROAD NO. 907), ALSO BEING THE EAST LINE OF SAID LOTS 8, 9 AND 10,
SOUTH 01 '58 50 " EAST FOR A DISTANCE OF 10354 FEET TO A POINT HEREINAFTER KNOWN AS POINT *A'- THENCE RUN
SOUTH 88' 00' 27" WEST FOR A DISTANCE OF 7.50 FEET TO A POINT' THENCE RUN NORTH 01' 58' 50' WEST FOR A DISTANCE OF
10730 FEET TO A POINT, • THENCE RUN NORTH 48' 22' 12" WEST FOR A DISTANCE OF 23.55 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID LOT 10, ALSO BEING THE SOUTHERLY RIGHT OF WAY OF 6fh STREET,' THENCE RUN ALONG THE
LAST DESCRIBED LINE, NORTH 88' 00' 53' EAST FOR A DISTANCE OF 4.54 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE
CONCAVE TO THE SOUTHWEST THENCE RUN ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00
FEET, A CENTRAL ANGLE OF 90' 00' 17" FOR AN ARC DISTANCE OF 31.42 FEET TO A POINT OF BEGINNING.
TOGETHER WITH:
PORTIONS OF L07S 2, 3, 4, AND A PORTION OF THAT CERTAIN 15 FOOT ALLEY ADJACENT TO SAID LOT 2 VACATED
PURSUANT TO RESOLUTION NUMBER 2013-28343, ALL OF AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION, ACCORDING TO
THE PLAT THEREOF, AS RECORDED /N PLAT BOOK 21 AT PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE AF-OREMEN7701VED POINT A"; THENCE RUN ALONG THE WESTERLY RIGHT-OF-WAY LINE OF ALTON ROAD
(STATE ROAD NO. 907), ALSO BEING THE EAST LINE OF LOTS 4, 5, 6, 7 AND 8, SOUTH 01'58 50" EAST FOR A DISTANCE
OF 9 1. 88 FEET TO THE POINT OF BEGINNING II (P.0.B. II) OF THE FOLLOWING EASEMENT, THENCE RUN ALONG THE
WESTERLY RIGHT-OF-WAY LINE OF ALTON ROAD (STATE ROAD NO. 907), ALSO BEING THE EAST LINE OF SAID LOTS 2, 3 ,
4 AND THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 2, SOUTH 01' 58' 50' FAST FOR A DISTANCE OF 63.24
FEET TO A POINT- THENCE RUN SOUTH 88' 29' 07' WEST FOR A DISTANCE OF 8.00 FEET TO A POINT; THENCE RUN NORTH 01'
58' 50" WEST FOR A DISTANCE OF 6324 FEET TO A POINT, THENCE RUN NORTH 88' 29' 07" EAST FOR A DISTANCE OF 8.00
FEET TO THE POINT OF BEGINNING.
THE ABOVE EASEMENT AREAS CONTAIN 1,485 SQUARE FEET, MORE OR LESS. ALL LYING AND BEING /N SECTION 03, TOWNSHIP 54
SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA.
NOTES:
1) BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING OF NORTH 01 8' WEST, ALONG THE CENTERLINE
OF ALTON ROAD, ALSO KNOW AS STATE ROAD 907, AS PER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CORRIDOR MAP SECTION 87037 SHEET 4 OF 9, LAST REVISED 1112009.
2) PREPARED FOR: TCH 500 ALTON LLC.
3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE
ATTESTING PROFESSIONAL LAND SURVEYOR.
4) THE INTENT OF THIS WATER EASEMENT /S TO ENCOMPASS THE RECENTLY INSTALLED WATER LINE AND RELATIVE
FACILITIES, AS SHOWN ON WATER AS -BUILT, PREPARED BY JOSEPH L. MARTIN, P.S.M. (COUNTY --WIDE LAND
SURVEYORS, INC.) AS PROVIDED BY CLIENT.
THE SEAL APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY MARK STEYEN )OHNwPJ, P.S.M. 4775
LAND SURVEYORS -ENGINEERS -LAND PLANNERS
PHONE No.(954)435-7010
ORDER NO. 217841
DATE: MARCH 5, 2024
THIS IS NOT A " BOUNDARY SURVEY"
CERTIFICATE OF AUTHORIZATION No. LB-87
:HEFT 4 OF 4 SHEETS
. �. 1 REVISIONS
3240 CORPORATE WnY-MIRAMAR, FL 33025 1 -
PREP RED NOER Y SUPE RVIS1 �
~,A%IC —
MARK STEVEN JOHNSON, P IN-CtPAL
FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
600 700 AlTON ROAL'\PIRMIT 4.1OWtY\WAUH fk5lMIWW; ';&/ \,'AIFh' t
530 of 2461