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HomeMy WebLinkAboutEasement between the CMB and Florida Power & Light Company Parcel number 02-3227-000-0100Prepared by and Return to: Ignacio Sarmiento Florida Power and Light Company 4200 West Flagler Street Miami, Florida 33134 Property ID#: 02-3227-000-0100 EASEMENT 2026-34073 THIS EASEMENT ("Easement") dated this 2� day of ?fzt , 202� is by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, and its successors and assigns, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Owner"), and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, and its successors and assigns, whose address is P.O. Box 14000, Juno Beach, Florida 33408-0420 ("Company"). For and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by Company, the receipt and sufficiency whereof is hereby acknowledged by Owner, Owner does hereby grant, bargain, sell and convey to Company, its licensees, agents, successors and assigns, easement interests and rights for the purposes described and set forth in the attached Exhibit A in, on, over, under, upon and across the lands located in Miami -Dade County, Florida described in the attached Exhibit B, each exhibit being incorporated herein by reference. (Executions and Acknowledgments on following pages.) 1 IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on the date set forth below. Signed, sealed and delivered in the presence of: Witness Signature: Print Name: KEILA MENA Address: l a-uo C©Ylyjy% Ku✓1 CeAU,�- Or. iA Wii B ea C,h F L33 i 311 ss Signature- PrintGREGORY DEL FAVERO Name: _ ♦ ECORDS MANAa€R Address: 1-)yu Lance L. c rrt Qn 13S CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation By: Print Name: Eric T. C4Menter Title: City Manager Attest:T<�_lAPR 2 9 2026 Print Name:"Rafael E. Granado Title: City Clerk ACKNOWLEDGMENT INCORP OWED; cti 26 STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of Q physical presence or ❑ online notarization, this (' 1`* day of ) 202 h, by Eric T. Carpenter, as Ci Manager and attested by Rafael E. Granado, as City Clerk of the CITY OF/MIAMI BEACH, FLORIDA, a Florida municipal corporation, on behalf of the City. They Care Personally Known to me ❑ OR Produced as Identification IN WITNESS WHEREOF, I her to set myhand and official seal. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION �t"jt, �'ju ")Ok City Attorney Qj�, ; — Date NOTARY PUBLIC, STATE OF FLORIDA Print Name: Commission No.: NNMA DE PINEDO My Commission Expires: °! tat rV Public W i World - Comm# HH284392 .11410E 191e Expires 9/26/2026 2 IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on the date set forth below. FLORIDA POWER & LIGHT COMPANY, a Florida corporation By: Prin Title Juno Beach Ida 33408 Witness Signature: Print Name: Tam Z Van Address: 700 Universe Boulevard Juno Beach, Florida 33408 ACKNOWLEDGMENT STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of ❑x physical presence or ❑ online notarization, this day of April 2026, by JAIME HOLLAND, as VICE PRESIDENT of FLORIDA POWER & LIGHT COMPANY, a Florida corporation, on behalf of the corporation. He ❑x is Personally Known to me ❑ OR Produced as Identification IN WITNESS WHEREOF, I hereunto set my hand and official seal. \\\\\%IkIIIIIIJ//" `p �6A 1-20? f-f .- t� NOTARY 411�•-gap PUBLIC NOTARY PUBLIC, STATE OF FLORIDA Print Name: n CI `cX Commission No.: l-i 4i L t-9 My Commission Expires: (Jo Q O Z. `7 3 Exhibit A Underground Easement Rights To Be Acquired (Perpetual Underground Transmission Easement) A perpetual, non-exclusive easement for use by the Company, and its contractors, licensees, agents, successors and assigns, for the construction, operation and maintenance of an underground electric transmission line, and all necessary appurtenant equipment associated therewith, including cables, wires, fiber optic, markers, boxes, manholes and conduits to be used in connection with the construction, operation and maintenance of the underground electric transmission line (collectively, the "Electrical Facilities"), under, on, through and across those certain lands located in Miami -Dade County, Florida, more particularly described in Exhibit B attached hereto and incorporated herein by this reference (the "Transmission Easement Area"); together with the rights to repair, reconstruct, inspect, alter, improve, change the voltage as well as the size of, abandon in place, replace with another, remove or relocate within the Transmission Easement Area such Electrical Facilities in, under, on, through and across the Transmission Easement Area; together with all rights necessary or convenient for the full enjoyment or use thereof for the above - mentioned purposes; provided that, except in the event of an emergency, Company will coordinate all work authorized pursuant to this Easement with Owner in order to minimize disruption of the Owner's use of its lands; further provided that, Company accepts the Transmission Easement Area on an "as is" "where is" basis and assumes all risk with respect to the condition thereof, without limitation, thereunder or appurtenant thereto, whether known or unknown to Owner; further provided that, Company shall not (either with or without negligence) cause or permit the use, storage, generation, escape, disposal or release of any Hazardous Substances (as defined below) in any manner not sanctioned by law. For the purposes of this Easement, "Hazardous Substances" shall mean, without limitation, all hazardous toxic substances, wastes and materials, all pollutants and contaminants and any other similar substances or materials which are included under or regulated by any present or future Environmental Laws (as defined below). For purposes of this Easement, the term "Environmental Laws" means any local, state or federal law, rule or regulation pertaining to protection of human health and the environment, or environmental contamination, clean-up or disclosure including, without limitation, the federal Comprehensive Environmental Response Compensation and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, and any applicable law concerning waste management for the state where the Transmission Easement Area is located, and amendments thereto, and regulations adopted pursuant to all such laws, rules or regulations, as amended. In all events, Company shall be responsible for remediating any damage caused from the release of any Hazardous Substances within on the Transmission Easement Area or any surrounding areas caused by Company or persons acting under Company; further provided that, no surface structures shall be placed within the Transmission Easement Area by the Company and that the Company shall not restrict vehicular or pedestrian access through, or otherwise enclose the Transmission Easement Area except during times of Company's installation, construction and/or maintenance of the Electrical Facilities located therein; 0 further provided that, subject to the Company's acquired easement rights herein, to the extent the Company's use of the Transmission Easement Area results in damage to improvements, including Permitted Structures (as defined below), within the Transmission Easement Area, the Company will repair or replace such improvements with the same, like or better quality; further provided that, any existing buildings or structures, and appurtenances thereto, located within the Transmission Easement Area on the effective date of this Easement (collectively, "Existing Structures") shall be allowed to remain, and to be maintained, repaired and reconstructed in their current location(s), and provided further that, to the extent otherwise legally permissible, such Existing Structures may be enlarged or expanded with the express prior written consent of the Company, but specifically excluding any Pennitted Structures (as defined below) and Other Utility Structures (as defined below), which Permitted Structures and Other Utility Structures do not require the express prior written consent of the Company provided that such work does not (i) interfere with the Company's Electrical Facilities or the ability to access and/or enter its manhole located within the Transmission Easement Area or (ii) excavate any portion of the Transmission Easement Area deeper than four (4) feet from ground surface, otherwise, any such work shall require Company's express prior written consent; further provided that, subject to the foregoing, the following shall be reserved to the owner(s) of each said property, and its agents, successors and assigns (each individually and collectively, the "Owner"): the right and privilege to use the Transmission Easement Area for all other lawful purposes permitted, except as otherwise expressly herein stated, or as might interfere or be inconsistent with the Company's use, occupation, maintenance or enjoyment thereof, provided that no building or structures, other than fences, driveways, entry roads, surface parking, sidewalks, landscaping, or traffic signs (collectively, the "Permitted Structures"), will be located or constructed by the Owner, its contractors, licensees, agents, successors and assigns on the Transmission Easement Area, without the express prior written consent of the Company, and provided further, that the Owner shall not excavate any portion of the Transmission Easement Area deeper than four (4) feet below ground surface without the express prior written consent of the Company, including for Permitted Structures. Notwithstanding the foregoing, in addition to Permitted Structures, Owner and its contractors, licensees, agents, successors and assigns may also install streetlights and typical right-of-way utilities (such as sewer lines, water lines, landscaping irrigation pipes, cable, television and other communication utility facilities and any other utilities etc.) (collectively, "Other Utility Structures") within the Transmission Easement Area without the express prior written consent of the Company, provided that such work does not (i) interfere with the Company's Electrical Facilities or its ability to access and/or enter its manhole located within the Transmission Easement Area, (ii) excavate any portion of the Transmission Easement Area deeper than four (4) feet from ground surface, or (iii) contain less than a minimum of a two (2) foot separation from edge of the Electrical Facilities, otherwise, any such work shall require Company's express prior written consent. further provided that, for sake of clarity, where provided anywhere in this Easement that the Owner's use of the Transmission Easement Area is subject to the express prior written consent of the Company, such consent shall not be unreasonably withheld, delayed or conditioned by the Company, nor will the Company require any cost from Owner for such consent or execution of any additional consent form that conflicts with this Easement; R further provided that, the Company shall have the right to temporarily remove any Permitted Structures located within the Transmission Easement Area the Company reasonably deems necessary in order to access the Transmission Easement Area and perform its easement rights granted herein, whereupon in such event the Company will reinstall, repair or replace such Permitted Structures removed by the Company hereunder with the same, like or better quality; further provided that, all notices hereunder shall be in writing and shall be given by (i) established national courier service which maintains delivery records, (ii) hand delivery, or (ii) certified or registered mail, postage prepaid, return receipt requested to the addressees contained herein, effective upon receipt, or upon attempted delivery if delivery is refused; If to Owner: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager With copy to: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Attorney If to Company: Florida Power & Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Attention: Corporate Real Estate Department With copy to: Florida Power & Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Attn: General Counsel; and further provided that, the parties further agree that nothing contained herein shall be construed or interpreted as (1) denying Owner any remedy or defense available to Owner under the laws of the State of Florida; (2) the consent of Owner to be sued; or (3) a waiver of sovereign immunity by Owner beyond the waiver provided in Section 768.28, Florida Statutes. Con Exhibit B Easement Area A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, ALSO BEING A PORTION OF THE LANDS KNOWN AS MIAMI BEACH GOLF CLUB, FORMERLY BAYSHORE GOLF" COURSE PER THE BOUNDARY SURVEY PREPARED BY FR ALEMAN & ASSOCIATES, SIGNED BY FRANK PARUAS, DATED JUNE 10,2016, LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, f'LORIDA AND BEING MORE PARTICULARLY D£SCRIBEO AS FOLLOWS COMMENCE AT A FOUND IRON ROD (NO IDENTIFICATION) MARKING THE NORTHEAST CORNER OF LOT 13 OF THE PLAT TITLED "RESUBDIVISION Of' BLOCK 11-A ISLAND VIEW ADDITION", PER PLAT BOOK 40, PAGE 12 OF THE PUBLIC RECORDS OFMIAMI-DADE COUNTY. THENCE RUN S81'57'34'E FOR 92.42 FEET TO A FOUND MAO-NAIL (NO IDENTIFICATION), SAID POINT BEING ON THE EASTERLY RIGFLT-OF-WAY LINE OF NORTH MICHIGAN AVENUE (A 70 FOOT WIDE PUBLIC RIGHT-OF-WAY PER SAID PLAT BOOK 40, PAGE 12, OF THE PUBLIC RECORDS OF MIAMl-DADE COUNTY), SAID POINT ALSO BEING A POINT OF CURVATURE OF A 10720 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST: THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2724 22 A CHORD BEARING OF S45 05'41 E, A CHORD DISTANCE OF 50.79 FEET, AN ARC DISTANCE OF 51.28 FEET TO A POINT, SAID POINT BEING THE SOUTHEAST CORNER OF CFN 20210947161 BOOK 32911 PAGE 4078 AND THE POINT OF BEGINNING; THENCE DEPARTING SAID RIGHT-OF-WAY LINE RUN NOI'4625"W ALONG THE EAST LINE OF SAID EASEMENT FOR 25.13 FEET TO A POINT ON A NON -TANGENT CURVE 20 FEET NORTHERLY OF AND PARALLEL WITH THE NORTHERLY RIGHT-OF-WAY LINE OF DADE BOULEVARD (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY), SAID CURVE HAVINC AN 8720 FOOT RADIUS CONCAVE TO THE NORTH; THENCE RUN EASTERLY ALONG SAID PARALLEL CURVE THROUGH A CENTRAL ANGLE OF 7127103 A CHORD BEARING OF S852959"£ A CHORD LENGTH OF 101,83 FEET AN ARC DISTANCE OF 108.74 FEET TO A POINT OF TANGENCY,- THENCE CONTINUE ALONG A LINE 20 FEET NORTHERLY OF AND PARALLEL TO SAID NORTHERLY RIGHT OF WAY OF DADE BOULEVARD, N5846'30"E FOR 652.77 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF NORTH MERIDIAN AVENUE (A 70 FOOT WIDE PUBLIC RIGHT-OF-WAY PER PLAT BOOK JO PAGE 19, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY); THENCE RUN ALONG SAID WESTERLY RIGHT-OF-WAY LINE S223720"W FOR 1.26 FEET TO A POINT OF CURVATURE OF A 100.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, THENCE CONTINUE SOUTHV/EST£RLY ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 36'09'09 A CHORD BEARING OF S40'41'55"W, A CHORD LENGTH OF 62.05 FEET, AN ARC DISTANCE OF 63.10 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID DADE BOULEVARD AND A POINT OF TANGENCY, THENCE RUN ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 5.58'46'304 FOH 592.76 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID NORTH MICHIGAN AVENUE AND A POINT OF CURVATURE OF A 1OZ20 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE RUN WESTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 6225'3B ; A CHORD BEARING OF S8959'19"V✓, A CHORD LENGTH OF 111.11 FEET AN ARC DISTANCE OF 116.80 FEET TO THE POINT OF BEGINNING. CONTAINING 14,925 SQUARE FEET (0.34 ACRES) MORE OR LESS. SKETCH -NO TES. I. BEARINGS SHOWN HEREON ARE ASSUMED AND BASED ON THE EASTERLY RIGHT-OF-WAY LINE OF THE NORTH MICHIGAN AVENUE, AS BEING S3123'30'E AS SHOWN ON THE FR ALEMAN & ASSOCIATES SURVEY, SIGNED BY FRANK PARUAS, DATED JUNE 10, 2016. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, ADJOINERS OR OTHER INSTRUMENTS OF RECORD. 3 THIS SKETCH MEETS THE APPLICABLE "STANDARDS OF PRACTICE" AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS /N RULE 5J17.050-,052, FLORIDA ADMINISTRATIVE CODE. 4. THIS IS NOT A BOUNDARY SURVEY. SKETCH OF DESCRIPTION ONLY. THIS SKETCH OF DESCRIPTION OF FPL EASEMENT" LOCATED IN SECTION ,1 4, TOOSNlP 5J SOUTH, RANCE 42 EAST MIAMI-DADE COUNTY, FLORIDA PREPARED FOR: FLORIDA POWF_R & LIGHT COMPANY N 11 S a a r SITE' NORM_ O�OEO MICHIGAN k, AVENUE — 1 TH T Qf ' (NOT TO SCALE) LEGEND. - - L/N£ BREAK PC POINT OF CVRVASUR£ OF /PUTT R/6 RPOINT WTTANGENCY OFF( I OFRECORDS BOOK PGG((5 PAWS) S0. `FARR£ FFpE££ETRRT�M►/EE AC A[[FT FDOr IgN ANSPORPSNT O 0 FOUND MAC -NAIL U FOUND NAIL & DISK ® FOUND IRON PIPE fb FOUND IRON ROD EASEMENT SHEET l: VICINITY MAP, NOTES, LEGAL DESCRIPTION SHEETS 2-4, SKETCH OF DESCRIPTION CERTIFIED TO CITY OF M/AMI BEACH 12/01/2025 CHAD NOLTE DATE PROFESSIONAL SURVEYOR & MAPPER LICENSE NUMBER LS 7596 NOT VALID KYTHOUT THE ORIGINAL SIGNAZR£ AND RAISED SEAL OR AN ELECTRONIC SIGNATURE OF A FLORIDA LICENSED SURIEYOR AND MAPPER. (SEE SHEETS 2-4 FOR SKETCH OF DESCRIPTION) IS NOT A SURVEY. SURVEY AND M4PPIItiY3 1001 TOWN PLAZA COURT, SUITE 1D32 WINTER SPRINGS, FLORIDA 32708 PHONE: (800) 581-4031 WWW.SGCSURVEY.COM LB 7979 DATE: 05/08/2025 SCALE: 1" = 40' SHEET 1 OF 4 SGC DRAWN: SAS FOUND NAIL & O1SK (FOOT R/W) FOUND 1 " IRON PIPE (FDOT R/W) , L3 Cl \�\' LINE TABLE LINE BEARING LENGTH 0 NI'4625"W 25.13' LJ N615335 E 7.00' EASTERLY R/W 6� y lNE OF NORTH O G � �, MICHIGAN A NU£ a� � � 20' FP&L EASEMENT PER tM u. kp �� 2 -p— - \ KCI SKETCH AND DESCRIPTION \ 2� F \ CFN; 20210947161 BOOK 32911 PAGE 4078 \ -0 \ FOLIO 02-3227-000-0100 FOLIO ZG \ CITY OF MIAM/ BEACH 02-3234-001-0130 � \ EAST LINE OF KCI ALTON POINTS LLC FP&L EASEMENT S81:5 9 2, N58146'301E 652.7T Q 02-3234FOLIO1-0120 i Pc; I FPL EASEMENT ALTON POINT£ LLC LOT 13 �� PLAT BOOK 40, POINT OF COMMENCEMENT PAGE 12 NORTHEAST CORNER OF LOT 13 PLAT BOOK 40, PAGE 12 i .1e FOUND 112" IRON ROD (NO ID) ---�� N. 532165. 86 , E.- 939392. 95' POINT OF BEGINNING SOUTHEAST CORNER OF EASEMENT CFN.20210947161 BOOK 32911 PAGE 4078. N: 532117.08', E. 939520.44' 0 20 40 11NCH - 40 FEET CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING CI 4.30' 75.00 00377105" 4.30' S294457E C2 51.28' 107.20 0272422" 50.79' S45Y15'41 E CJ 10874' 87.20 07177'03" lO1.BJ 5852959E CS 116.80' f07.T0 Ob27538' f11.11' SB959'19'W (f0.34 AC, t14,925 SQ. Fr) PT /lZ i v C3 I PC a I C5 I NOR THERL Y R/W LINE OF DADE BLVD. S58'46'30"W 592.76' I I SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. SHEET 2 OF 4 SKETCH OF DESCRIPTION OF FPL EASEMENT LOCA7FD S SECTION J4, TOWNSHIP 5J SM71t RANGE 42 EAST MIAMI-DADE COUNTY, FLORIDA PREPARED FOR: FLORIDA POWER & LIGHT COMPANY SURVEY AA►D 1NAPMW 1001 TOWN PLAZA COURT, SUITE 1032 WINTER SPRINGS, FLORIDA 32708 PHONE: (800) 581-4031 WWW.SGCSURVEY.COM LB 7979 DATE: 05/08/2025 SCALE: 1" = 40' (i SGC DRAWN: SAS FPL EASEMENT (t0.34 AC, ±14,925 50. FT.) FOLIO: 02 - 322 7- 000 - 010 0 ORB N/A, PG N/A CITY OF MIAMI BEACH ID - \c R I�11 o Pp09��` Q� / Im IW I NORTHERLY R/W LINE OF DADE BLVD. I� 0 20 40 1 INCH - 40 FEET SKETCH OF DESCRIPTION ONLY. THIS 1S NOT A SURVEY. SHEET 3 OF 4 SKETCH OF DESCRIPTION OF FPL EASEMENT LOCATED IN SECIIQV 34, TOIWWP 53 SOUTH, RANG£ 42 EAST MIAMI-DAD£ COUNTY, 11OR10A PREPARED FOR: FLORIDA POWER & LIGHT COMPANY SURVEY AND A&PPM 1001 TOWN PLAZA COURT, SUITE 1032 WINTER SPRINGS, FLORIDA 32708 PHONE: (800) 581-4031 WWW.SGCSURVEY.COM LS 7979 DATE: 05/08/2025 SCALE: 1" = 40' DRAWN: SAS CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING C4 6J IO' 100.0O O=9109" 62.06' 5401155-W LINE TABLE LINE BEARING LENGTH L2 S22J)20-W 1.26' FPL EASEMENT (f0.J4 AC, 114,925 SO. FT) FOLIO 02-3227-000-0100 ORB N/A, PG N/A CITY OF MIAMI BEACH PT NORTHERLY R/W LINE OF DADE BLVD. 59Z� s p,0oo l SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. SKETCH OF DESCRIPTION OF FPL EASEMENT LOCATED IN SWIM J4, TOWSHIP 5J SOUTH, RANGE 42 EAST MIAMI-DADE COUNTY, FLORIDA PREPARED FOR: FLORIDA POWER & LIGHT COMPANY "VLY AAD A MPPIW 1001 TOWN PLAZA COURT, SUITE 1032 WINTER SPRINGS, FLORIDA 32708 PHONE: (800) 581-4031 WWW.SGCSURVEY.COM LB 7979 DATE: 05/08/2025 SCALE: 1" = 40' WESTERL Y R/W LINE OF NORTH MERIDIAN AVENUE 0 20 40 1 INCH = 40 FEET SHEET 4 OF 4 CG0 DRAWN: SAS RESOLUTION NO, 2026-34073 RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE FOLLOWING INSTRUMENTS IN FAVOR OF FLORIDA POWER & LIGHT (FPL): (1) A PERPETUAL NON-EXCLUSIVE EASEMENT, ATTACHED TO THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION AS EXHIBIT "A", HAVING AN AREA OF APPROXIMATELY 14,925 SQUARE FEET, LYING IN SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, ALSO BEING A PORTION OF THE LANDS KNOWN AS THE MIAMI BEACH GOLF CLUB, FORMERLY BAYSHORE GOLF COURSE (MIAMI BEACH GOLF CLUB PROPERTY), AS MORE PARTICULARLY DESCRIBED IN THE EASEMENT, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF AN UNDERGROUND ELECTRIC TRANSMISSION LINE, IN CONSIDERATION FOR THE PAYMENT TO THE CITY OF A TOTAL ONE-TIME USE FEE OF $682,500.00; AND TWO (2) TEMPORARY CONSTRUCTION LICENSE AND USE AGREEMENTS FOR USE OF A PORTION OF THE MIAMI BEACH GOLF CLUB PROPERTY FOR THE STAGING OF CONSTRUCTION EQUIPMENT AND SUPPLIES AND PARKING OF CONSTRUCTION VEHICLES IN CONNECTION WITH THE PROJECT: (i) A LICENSE AND USE AGREEMENT, ATTACHED TO THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION AS EXHIBIT "B", FOR USE OF APPROXIMATELY 1,942 SQUARE FEET OF LAND, IN CONSIDERATION FOR THE PAYMENT TO THE CITY OF AN ANNUAL USE FEE OF $18,000.00; AND (ii) A LICENSE AND USE AGREEMENT, ATTACHED TO THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION AS EXHIBIT "C", FOR USE OF APPROXIMATELY 48,717 SQUARE FEET OF LAND, IN CONSIDERATION FOR THE PAYMENT TO THE CITY OF AN ANNUAL USE FEE OF $457,000.00. WHEREAS, on July 28, 2021, the Mayor and City Commission (the "City Commission") approved a request from Florida Power and Light ("FPL"), authorizing the City Manager and the City Clerk to execute two (2) perpetual, non-exclusive Easements and three License and Use Agreements in favor of FPL; and WHEREAS, these Easements and associated License and Use Agreements were associated with the installation, operation, and maintenance of underground utility facilities related to the Miami Beach Alton -Venetian Underground Transmission Line Project, and are described as follows: (1) Aten (10) foot -wide Easement, having an area of approximately 3,352 square feet, located at Flamingo Park, within a portion of Lot 7, Block 63, of the "Ocean Beach Florida Addition No. 3," recorded in Plat Book 2, Page 81, for a total one-time use fee of $258,500.00, and (II) An Easement having an area of approximately 3,803 square feet, located at the Miami Beach Golf Course, along a portion of Lots 13 and 14, Block 11-A, of the "Subdivision of Block 11-A Island View Addition," recorded in Plat Book 40, Page 12, for a total one-time use fee of $172,900.00; and (III)Three (3) License and Use Agreements for the staging of construction equipment and parking of construction vehicles in connection with the project: (i) a License and Use Agreement for approximately 43,011 square feet, located at Flamingo Park along Michigan Avenue, for an annual use fee of $437,300.00. (ii) a License and Use Agreement for a working area of approximately 10,302 square feet, located at the Miami Beach Golf Course along Michigan Avenue, for an annual use fee of $102,500,00; and (iii) a License and Use Agreement for the pipe perimeter, covering approximately 35,581 square feet, located at the Miami Beach Golf Course along North Michigan Avenue and Alton Road, for an annual use fee of $340,000.00. WHEREAS, FPL recently notified the City of the continuation of this infrastructure initiative as part of an ongoing effort to strengthen the existing transmission infrastructure and accommodate future load growth on Miami Beach; and WHEREAS, FPL is proposing the installation of three (3) 8-inch-diameter and three (3) 4- inch-diameter high -density polyethylene (HDPE) conduits to house electrical transmission cables, which will be installed using jetting/trenching and horizontal directional drilling (HDD); and WHEREAS, the proposed underground installation is expected to originate from an existing manhole north of the intersection of Michigan Avenue and Dade Boulevard, travel south to Dade Boulevard, and continue northeast along Dade Boulevard, beneath Collins Canal, and into the Roney Substation; and WHEREAS, trenching is proposed in upland areas from the existing manhole to the proposed bore entry location southwest of the intersection of Meridian Avenue and Dade Boulevard (Location 1), with the remainder of the underground installation to be completed via HDD from Location 1 to the proposed bore entry location outside the Roney Substation (Location 2), located at 2330 Liberty Avenue, followed by jetting/trenching from Location 2 into the Roney Substation, and conduit stringing proposed within the northeastern end of Collins Canal and the southern end of Indian Creek; and WHEREAS, permitting will be required for the proposed work between Location 1 and Location 2, between Location 2 and the Roney Substation, and along the conduit stringing route in Collins Canal and Indian Creek; and WHEREAS, construction is anticipated to begin in the first quarter of 2026 and is expected to take approximately six to nine months to complete; and WHEREAS, in connection with this work, FPL has requested that the City grant FPL the following property rights on the Miami Beach Golf Club property, lying in Section 34, Township 53 South, Range 42 East, also being a portion of the lands known as the Miami Beach Golf Club, formerly Bayshore Golf Course (Miami Beach Golf Club Property): (1) One (1) perpetual, non-exclusive easement ("Easement'), having an area of approxi- mately 14,925 square feet, as more particularly described in the Easement attached to the City Commission Memorandum accompanying this Resolution as Exhibit "A" for the con- struction, operation and maintenance of the proposed underground electric transmission line; and (2) Two (2) temporary construction License and Use Agreements for the staging of construc- tion equipment, which could include HDD equipment and excavation equipment; HDD supporting equipment and supplies, such as tanks and bins; and parking of construction vehicles in connection with the project: (i) a License and Use Agreement for use of approximately 1,942 square feet of land, a copy of which is attached to the City Commission Memorandum accompanying this Resolution as Exhibit "B" (1,942 License Agreement'); and (ii) a License and Use Agreement for use of approximately 48,717 square feet of land, attached to the City Commission Memorandum accompanying this Resolution as Exhibit "C" ("48,717 License Agreement'), and WHEREAS, City staff followed the same protocol as the Miami Beach Alton -Venetian Underground Transmission Line Project, which included ordering an appraisal to estimate the fair market value of the one-time use fee for the proposed new Easement and annual use fee for the proposed new License and Use Agreements; and WHEREAS, the appraisal secured by the City is attached to the City Commission Memorandum accompanying this Resolution as Exhibit "D" and includes the valuation methods for (i) an easement estate interest, which includes use of the surface space, up to 10 feet of the air rights above the surface space, and 10 feet of subsurface space for installation of underground utility infrastructure; and (ii) a fee simple estate interest, which also includes the easement estate interest plus use of the air rights above 10 feet from the surface area; and WHEREAS, since FPL will be using the surface and the 10 feet below the surface for the installation of its utility infrastructure, the City Administration recommends utilizing the one-time use fee for an easement estate interest, in the total sum of $682,500.00, as the appropriate valuation for the Easement; and WHEREAS, for the License and Use Agreements, the City Administration recommends utilizing the annual rent valuation based upon the fee simple estate interest of the City's property, in that, FPL will be storing and using equipment, such as excavation equipment, which could include use of air rights above 10 feet from the surface; and WHEREAS, based upon the foregoing analysis, the City will be receiving the following consideration in connection with the Easement and two (2) temporary construction License and Use Agreements: One -Time Use Fee for the Easement, based the purchase of an easement estate interest, in the amount of $682,500.00; Annual Use Fee for the 1,942 License Agreement, based upon the rent/use of a fee simple estate interest, in the amount of $18,000.00, payable on a monthly basis, in the amount of $1,500.00 per month; and Annual Use Fee for the 48,717 License Agreement, based upon the rent/use of a fee simple estate interest, in the amount of $457,000.00, payable on a monthly basis, in the amount of $38,083.33, with one monthly payment of $38,083.37 per year; and WHEREAS, the City Manager recommends approving the proposed Easement and License and Use Agreements in order to accommodate future load growth for the City of Miami Beach. 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 and authorize the City Manager and the City Clerk to execute the following instruments in favor of Florida Power & Light (FPL): (1) a perpetual non-exclusive Easement, attached to the City Commission Memorandum accompanying this Resolution as Exhibit "A", having an area of approximately 14,925 square feet, lying in Section 34, Township 53 South, Range 42 east, also being a portion of the lands known as the Miami Beach Golf Club, formerly Bayshore Golf Course (Miami Beach Golf Club Property), as more particularly described in the Easement, for the construction, operation and maintenance of an underground electric transmission line, in consideration for the payment to the City of a total one-time use fee of $682,500.00; and two (2) temporary construction License and Use Agreements, lying in a portion of the Miami Beach Golf Club Property, for the staging of construction equipment and supplies and parking of construction vehicles in connection with the project: (i) a License and Use Agreement, attached to the City Commission Memorandum accompanying this Resolution as Exhibit "B", for use of approximately 1,942 square feet of land, in consideration for the payment to the City of an annual use fee of $18,000.00; and (ii) a License and Use Agreement, attached to the City Commission Memorandum accompanying this Resolution as Exhibit "C", for use of approximately 48,717 square feet of land, in consideration for the payment to the City of an annual use fee of $457,000.00. PASSED and ADOPTED this S day of X:e64 2025. ATTEST: O�� 77� FEB 9 2026 Steven Meiner, Mayor Rafao E. Gr nado, City Clerk _ -RA' 4, �INCORP ORATED. C4..26 APPROVED AS TO FORM & LANGUAGE V_QR EXECUTION Val Clty Attorney Date