Loading...
HomeMy WebLinkAboutPerpetual Utility Easement Agreement involving sewer main between the CMB and 3900 Alton Road Owner, LLC.This instrument prepared by: Name: Ricardo J. Doploo, City Attorney Address: Office of the City Attorney 1700 Convention Center Drive, 41° Floor Miami Beach, Florida 33139 CFN 2026RO364362 OR INK 35323 Pas 4184-4199 (16Pss) RECORDED 05/28/2026 13:10:42 DEED DOC TAX $0.60 SURTAX $0.45 JUAN FERNANDEZ-BARQUIN CLERK. OF THE COURT 6 COMPTROLLER MIAMI-DADE COUNTY, FL (Space reserved for Clerk) PERPETUAL UTILITY EASEMENT AGREEMENT INVOLVING SEWER MAIN THIS PERPETUAL UTI EASEME T A REEMENT INVOLVING A SEWER MAIN (the "Agreement') is made this _'day of f5 2026 ("Effective Date"), between 3900 ALTON ROAD OWNER 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'Cily'), as grantee, and Its successors and assigns (hereinafter wiled "Grantee' or the'City). WITNESSETH: WHEREAS, Grantor is the owner of that certain Improved real property located within the City's municipal jurisdiction, with a street address of 3900 Alton Road, Miami Beach, Florida 33140, 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. DRB21-0664) for the construction of a multi -family building on the Grantor's Property (the 'Development); and WHEREAS, Grantor has already constructed and installed the sewer main Infrastructure within Grantor's Property line; however, Miami -Dade County ("County') has required that Grantor convey the sewer infrastructure to the City and grant an easement in favor of the City, in that, the City is the local jurisdiction for public works infrastructure; and WHEREAS, in connection with the Development, and as required by the County, Grantor has agreed to convey to the City the constructed sewer main infrastructure (the "Citys Utility Infrastructure"), and to grant the City a perpetual, non-exclusive Easement (as defined in Section 2 below) for the City to access, construct, install, operate, maintain, repair, replace, expand and upgrade the 'City's Utility Infrastructure', together with the nonexclusive right of ingress, egress and regress on, over and through Grantor's Property for Rowse to the Easement Area; and WHEREAS, notwithstanding this requirement by the County, Grantor, its successors and/or assigns will be responsible for operating, maintaining, repairing, replacing, expanding and upgrading, as necessary to serve Grantor's Property, the City's Utility Infrastructure locatrdorre �s •,''fin 5aa� Jy Grantors Property line (collectively, "Grantor's Maintenance Responsibilities'), as more particularly set forth in Section 6; and WHEREAS, on February 5, 2026, the Mayor and City Commission adopted Resolution No. 2026-34072. authorizing the City Manager to accept this Easement (as defined in Section 2) on the Grantor's Property. NOW THEREFORE, for and In consideration of ten and no/100 dollars($10.00) and other good and valuable consideration, the receipt at which is acknowledged, the parties hereby mutually covenant and agree as follows: GRANT of EASEMENT 1. 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 being permitted to install the City's Utility Infrastructure within Grantor's private property in connection with 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 non- exclusive easement (the "Easement") on, over, and under 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 (the "Easement Area") to access, construct, install, operate, maintain, repair, replace and upgrade the Citys Utility Infrastructure, together with the right of ingress, egress and regress on, over and through Grantor's Property for access to the Easement Area. 3. Uses. 3.1 The Grantee shall use the Easement and the Easement Area during the Term provided herein for the express purposes provided in Section 2 hereof, which will Include, without limitation, use of the Easement Area for taking readings, inspecting the City's Utility Infrastructure, and performing work in connection with the construction, installation, operation, maintenance, repair, replacement and upgrade of the City's Utility Infrastructure, as more particularly described in Section 6. 3.2 The Grantor shall have the right to full use and enjoyment of Grantor's Property, except for such use as may unreasonably interfere with the exercise by the Grantee of the rights granted under this Agreement. Notwithstanding anything to the contrary contained herein, Grantor shall be prohibited from obstructing Grantee's access to, or use of, the Easement Area. Grantor shall not construct, or permit to be constructed, any structure or improvement, or otherwise encroach on or over the Easement Area ("Unpermitted Encroachments") without the prior written consent of the Grantee, except that Grantor shall be permitted to install other utility infrastructure that does not require digging deeper than one (1) foot below the ground, asphalt landscaping/irrigation, lighting, concrete curbs, sidewalks, pavers, drainage, a retaining wall, and a vehicular gate within the Easement Area (the "Permitted Encroachments") (collectively, 'Easement Encroachments'). 4. Inspection. It is hereby agreed that any City official has the right, during normal business hours, to enter and investigate the use of the Grantor's Property to verify compliance with the conditions of this Agreement and the requirements of the City's Building, Public Works, Zoni and Land Development Regulations. 2 �e 5. Term. The Easement and rights granted herein shall be perpetual and shall be possessed and enjoyed by the Grantee, its successors and assigns for the purposes stated herein, unless modified or released with the approval and act of the City Commission. Maintenance. 6.1 At all times during the Term, the City's Utility Infrastructure shall remain property of the City; however, Grantor, at its sole cost and expense, shall maintain the City's Utility Infrastructure and shall make all repairs, replacements and upgrades (I) as deemed necessary by Grantee in its reasonable discretion; (ii) as may be required to comply with the City's Building, Public Works, Zoning and Land Development Regulations standards; (III) as required by industry standards for similar infrastructure; and (N) at all times as may be required by applicable Federal, State, County and local laws and regulations and applicable permits. When competing standards apply, Grantor shall be required to comply with the most stringent standard. At minimum, but without Iimitation, Grantor shall perform Leaning and CCTV Inspections of the City's Utility Infrastructure system once every two years. Grantor shall submit to the City Manager's designee (as identified in Section 7) a report ("Maintenance Report') due by January 310 of every other calendar year ('Reporting Period'), with the flrst Reporting Period being less than two (2) years, as to any work including, without limitation, maintenance, repair or replacement work which Grantor has performed on the City's Utility Infrastructure during the Reporting Period, even if no work has been performed, together with any back-up documents related to the matters contained in the Maintenance Report. The City Manager's designee may request additional documentation related to any matters contained in the Maintenance Report. Additionally, the Grantee, at Grantee's sole discretion, shall have the right to require more frequent Maintenance Reports and modify the reporting content, upon providing Grantor with written notice. Each Maintenance Report shall contain a certification by Grantor's authorized representative, attesting to the truthfulness of the Maintenance Report under oath. 6.2 Nonemergencv Work. With respect to any nonemergency maintenance, repair or replacement work ("Nonemergency Work') of which Grantee becomes aware, Grantee will provide Grantor with thirty (30) days advance notice of the need to provide Grantor's Maintenance Responsibilities and Grantor shall commence performance within said thirty (30) day period and diligently pursue all required permits and the completion of all work related to Grantor's Maintenance Responsibilities within a reasonable amount of time. Should Grantee, in the City Manager's designee's sole discretion, desire to perform any Nonemergency work on the City's Utility Infrastructure, including any of Grantors Maintenance Responsibilities, or in the event that Grantor has failed to perform Grantor's Maintenance Responsibilities within the allotted time, Grantee shall place Grantor on notice of Grantee's Intentions, and without the need to secure any additional permission to access Grantor's Property, Grantee can proceed to perform Grantor's Maintenance Responsibilities and Grantor shall be responsible for reimbursing Grantee for all costs associated with such work within thirty (30) days following receipt of the invoice from Grantee. 6.3 Emeroency Woric. Grantor shall be responsible for immediately notifying Grantee of any emergency maintenance, repair or replacement work ("Emergency Work') which may be required for the City's Utility Infrastructure. Should Grantee, in the City Manager's designee's sole discretion, desire to perform any Emergency Work, Grantee, without the need to secure any additional permission to access Grantor's Property, can proceed to perform the Emergency Work and as soon as practicable notify Grantor of Grantee's decision to perform the Emergency Work. Grantor shall be responsible for reimbursing Grantee for all costs associated with such Em Work within ten (10) days following receipt of the Invoice from Grantee. *Z'v x we 6.4 Any sums unpaid by Grantor within the timelines delineated in Sections 6.2 and 6.3 shall accrue interest at the default rate of eighteen percent (18%) per annum until paid in full. Additionally, in the event that Grantor fails to pay for the work performed by the City pursuant to this Agreement within forty-five (45) days of Grantor's receipt of the City's invoice, in addition to all other remedies in equity and law, the City may Impose a lien against Grantor's Property, consistent with applicable law. 6.5 At the City Manager's sole discretion, upon written notification to Grantor, Grantee may opt to take over Grantor's Maintenance Responsibilities moving forward and thereafter Grantor shall be responsible for reimbursing Grantee for all costs associated with any future Emergency and Nonemergency Work performed by the City on the City's Utility Infrastructure within the timelines delineated in Sections 6.2 and 6.3. 6.6 Demos to Easement Encroachments. If Grantee's work requires removal of the existing Easement Encroachments, then Grantee, at the sole discretion of the City Manager's designee, will remove the required portions of the Easement Encroachments at Grantor's expense or request that Grantor remove the Easement Encroachments at Grantor's expense. In connection with Grantee's access to the City's Utility Infrastructure pursuant to this Agreement, Grantee shall not be liable for the replacement of any Easement Encroachments, including, without limitation, any decorative features, avers, lighting, or landscape and will only be responsible for restoring the Easement Area and any affected surrounding areas to sod/grass at existing elevation. Upon Grantee completing its work, Grantor, at Grantor's expense, shall be required to repair or replace the affected portions of the Easement Encroachments and surrounding areas. 6.7 Damps to City's Utility Infrastructure or Grantor's Property. Grantor shall be responsible for promptly repairing anydamage caused to the City's Utility Infrastructure by Grantor, its officers, employees, contractors, agents and invitees. Grantee shall use reasonable efforts to perform Grantee's Work under this Agreement without causing damage to Grantor's Properly, however, Grantee shall rot be responsible for any damage to the Grantor's Property as a result of Grantee's work. 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 3900 Alton Road Owner LLC Attn: Ron Hoyl, Vice President 3953 Maple Avenue, Ste. 300 Dallas, TX 75219 E-Mall: ron(c?rockoointcom WITH COPIES TO: 3900 Alton Road Owner LLC Attn: Daniel Domb and Joseph Goldman 500 Boylston Street, 21st Floor Boston, MA 02116 Email: Den@rockpoint.com and JG@rookpointcom �Ft.`rw+oezb ,y ,wit Mast Capital, Inc. Attn: Eren Landry, Managing Director 2601 South Bayshore Drive, Ste. 850 Miami, FL 33133 Bercow Rader Fernandez Larkin & Tapanes Attn: Michael Larkin, Esq. . 200 S Biscayne Boulevard Miami, Florida 33131 Email: mlarkin@brzoninglaw.com AS TO GRANTEE: City of Miami Beach, Florida Attn: Public Works Director 1700 Convention Center Drive, 0 Floor Miami Beach, FL 33139 WITH COPIES TO: City of Miami Beach, Florida Attn: City Attorney 1700 Convention Center Drive, 0 Floor Miami Beach, FL 33139 and City of Miami Beach Attn: City Manager 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 or to such other addresses as any parry 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; (ii) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (III) on the day after mailing by any form of overnight mail service. Notifications to Grantee for the coordination and administration of this Agreement may be sent via email to the City's Public Works Department Director ("City Manager's designee") or such other person as may be designated in writing to Grantor by the City Manager or the City Managers designee. Miscellaneous Terms and Conditions. 8.1 Sovereian Immunity. Nothing contained herein shall be construed as a waiver of Grantee's Right of sovereign immunity. 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 confine nPOFg, that it has full power and authority to grant this Easement Nothing in this Agreement or ip - e ? tuo N �d NlE [PJ parties' acts or omissions in connection herewith shall be deemed in any manner to waive, impair, limit, or otherwise affect the authority of the Grantee 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 the 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 Code, City Code, Zoning or Land Development Regulations, either to restrain violations or to recover damages. 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 the court may determine to be reasonable for the services of its attorney. 8.5 Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, Grantor and Grantee and their respective successors and assigns. 8.6 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 Grantee's use of the Easement Area. 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. 8.7 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 to principles 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. 8.8 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, except for mortgagees as set forth in the public records of Miami -Dade County, and which have joined and consented to this Agreement. 8.9 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. 8.10 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] 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: 500l3oyslton SL Suite 2100. Boston MA 02116 Address gnsture %)QY1ftOh 1_LO h4 Pr nt Name 500 Boyslton S1, StdW 2100, Horton, MA 02116 Address COMMONWEALTH OF MASSA( S"Tr! OF FLORIDA ) ) SS: 3900 ALTON ROAD OWNER LLC, a Delaware limited liability ompany Ely -- Name: Joseph A. Goldman Title: Vice President COUNTY OF WWI -BABE ) SUFFOLK The forgoing instrument was acknowledged before me by means of x physical presence or _ online notarization this 3rd day of April , 202§__, as .Vice President of 3900 Alton Road Owner, LLC, a Delaware limited liability company, on behalf of said corporation, who is y ow to me or produced P as identification. vun 'chel K. McDo h 1D MlcRelle K. Mcoonagh NOTARY PUBLIC Notary Public state of Flerlda Com.. nwh. lM or Mes 1.1.n Ex My Commission Fires: MY AAuuuusiii, 2031 G5 [NOTARIAL SEAL] IN WITNESS WHEREOF, the Grantee 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: WOMEN wm = KEILA MENA Print Name 1400 CDAVeMOA%<xlwrOf, Address WuTA, ea0yrL llek ��na re REGIS BARBOU PrI 7 Na �7ID0_ _�k31tI9 Address STATE OF FLORIDA ) ) SS: CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida Name: Eric T. Ca enter Title: City Manager ATTEST: MAY 2 6 2026 Signature Rafael E. Granado. City Clerk Print Name 3�t S'Y ( IN1 COUNTY OF MIAMI-DADE ) The forgoing instrument wa1��,a?�'lcdnoWledg �beffoore.me by means of physical presence or 2026, by Eric T. Carpenter, as City Manager, andnlRafael E.Granado, ine notarization as City Clark, of theCITY OF MIAMI BEACH, FLORIDA, don of the State of Florida, on behalf of said municipal corporation, who is personally known me or produced as Identification. P it My Commission Expires: APPROVED AS TO FORM &LANGUAGE & ECUTION �7 clN Attomov Dale Notary Public State of Florida [NOTARIAL SEAL] Mortgagee Joinder and Consent to Perpetual Utility Easement Agreement Involving a Sewer Main PNC Bank, National Association ("Mortgagee"), as owner and holder of that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing from 3900 Afton Road Owner, LLC, a Delaware limited liability company (`Mortgagor) to Mortgagee, dated November 18, 2022 and recorded on November 17, 2022, in Official Records Book 33471, at Page 1066, of the Public Records of Miami -Dade County, Florida ('Public Records"); an Assignment of Leases and Rants from Mortgagor to Mortgagee, dated November 16, 2022 and recorded on November 17, 2022, in Official Records Book 33471, at Page 1092 of the Public Records; and a UCC Security Agreement from Mortgagor to Mortgagee, recorded on November 17, 2022, in Official Records Book 33471, at Page 1100 of the Public Records (collectively, the 'Security Instruments"), herebyjoins in and consents to the granting of this Perpetual Utility Easement Agreement Involving a Sewer Main (this 'Agreement") in favor of the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, encumbering the Mortgagor's property, located at 3900 Alton Road, Miami Beach, Florida 33140 ("Mortgagors Property"), all in accordance with the terms and conditions set forth in this Agreement. Mortgagee agrees to subordinate the Security Instruments encumbering Mortgagor's Property to this Agreement, so that in the event Mortgagee or any other party shall obtain tide to the Mortgagee's Property through foreclosure or dead - in -lieu of foreclosure, this Agreement shall be binding upon the entity obtaining title as the then owner of Mortgagor's Property. Wil asses: Signature une l a urcwry Printed Name 11670 VAA147o Qe4 D, Aou94TVV Address;]t O ✓Q Primed Name yl Se ��a.«a7 2.% �dC'i. rye/jv fC Address ; y c/ 3 / STATE OF FLORIDA COUNTY OF PALM BEACH PNC Bank, National Association By:G— Print Nam �:/ % 1/ 4 IA rfl Title: J' ;, A?&� itt Address: 2255 Glades Road, Suite 420A Boca Raton, FL 33431-7382 The foregoing instrument: was acknowledged before me hY means of*F�shysical presence O or online notarbation by V-14r(U H0.Sxt a the I);[r_. Fresj oLo-n{- of PNC BANK, NATIONAL ASSOCIATION, a federally chartered commercial bank, on behalf of the corporation. He/She Is personally known to me or has p�ro�d� y�cad � DL as identification. Witness my signature and official seal this y of 1-Inrcjo 2026. in the Courty and Stale aforesaid. IWPogp MABeM0t 5EIpEgrylpL p Ncle'y Public Stele of FlDrltla CPmmix+00111443379 L3' mmm. expires Seq. 13.927 [Notary Seal] gnature Yy'rf'Yrna hlr�nlJX .St��ha� � Prim Name Notary Public, State at Florida My Commis EZPires: 4 Exhibit "A" Grantor's Property [Attached] ,�o-��co�iR pip c 10 �> d0 WE fM1US EXHIBIT "A" Legal Description Parcel 1: OVERALL PARCEL - SOUTH SITE: All of Lot 63 and a portion of Lots 52, 54 and 55, Block 1 of NAUTILUS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8 at Page 95, and a portion of Lot D of RE - SUBDIVISION OF LOTS 48, 49, 50 AND 51 OF BLOCK 1, NAUTILUS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 35 at Page 46 ofthe Public Records of Miami - Dade County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range 42 East, City of Miami Beach, Miami -Dade County, Florida, and being more particularly described as follows: Begin at the Southeast wrner of said Lot 54 of Block 1 of NAUTILUS SUBDIVISION; thence North 09" 1 T 22" East along the Easterly line of said Lots 52, 53 and 54, also being the Westerly Right -of -Way line of Afton Road (Slate Road 907) as shown on the Florida Department of Transportation Right -of -Way Map Section 87090-2402 dated 12-2009, Sheet 16 of 18, for 228.03 feet; thence North 80" 48' W' West for 269.11 feet; thence North D9" 1 T 22" East for 144.42 feet; thence South 55' 48' 22" West along the Southeastedy Rightof-Way, line of the Julia Tuttle Causeway per State Road 11211-195 of said Florida Department of Transportation Right -of -Way Map Section No. 87090-2402, Sheet 16 of 18, for 90.82 feet; thence South 05" 59 58" East for 62.09 feet; thence South 23" 11' 59" West for 161.81 feet the following two (2) courses being along the Northerly boundary of Alton Road (State Road No. 25). as shown on said Florida Department of Transportation Right -of -Way Map; (1) South 54" OT 39' East for 162.79 feet to a point on a circular curve; (2) thence Southeasterly along a 600.92 foot radius curve leading to the right, through a central angle of 09" 5T 10" for an arc distance of 104.39 feet; thence South 76" 03' 16" East for 72.65 feet; thence North 41° 1 T 22" East along the existing Limited Access Right - of -Way line of the Westerly Rightot-Way line of said Afton Road (State Road 907) as shown on said Right -of -Way Map Section 87090-2402 for 48.00 feet; thence South 80" 48' 38" East along the Southerly line of said Lot 54 for 28.00 feet to the Point of Beginning. Parcel 2: (FDOT Parcel) A Portion of Section 27 in Township 53 South, Range 42 East, and being more particularly described as follows: Commence at the Southeast comer of Lot 54 of Block 1, Nautilus Subdivision, according to the plat thereof, as worded in Plot Book 8 at Page 95 of the Public Records of Miami -Dade County, Florida; Thence North 80048'3B" West, along the Southerly boundary line of said Lot 54, for 175,93 feet to a point on the Northerly Right-of-way line of Alton Road, also known as State Road No. 907. as shown on the Florida Department of Transportation Right-of-way Map Section 87090- 2402, sheet 16 of 18, said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39.51'1 B" West; thence Northwesterly along said Northerly Limited Access Right-of-way line being a 600.92 foot radius curve, leading to the left through a central angle of 0305V57" for an arc distance of 41.77 feet to a point of tangency (said point being coincident with State Road No. 907, Station 15+16.DO, as shown on said Florida Department of Transportation Right-of-way Map Section 87090-2402, sheet 16 of 18); thence North 54°07'39" West along said Northerly Limited Access Right-of-way line for 162.79 feet to the Pant of .l' Ef wN�rbr1.B ermnbera'rnurig, P.A.I Arromeyr at law „y °" qy `� £m '9lye t Beginning of the hereinafter described parcel of land; thence North 23011'59" East, departing said Northerly Right-of-way line for 161.81 feet; thence North 05059'58" West for 62.09 feet to a point on the Southerly Limited Access Right-of-way line of the Julia Tuttle Causeway, also known as State Road 112 and 1-195, as shown on said Florida Department of Transportation Right-of-way Map (said point being coincident with State Road No. 112, Station 190-12.29, as shown on said Florida Department of Transportation Right-of-way Map); thence South 55P48'22" West along said Southerly Limited Access Right-of-way line for 211.08 feet to a point on a circular curve, concave to the Northeast and whose radius point bears North 4205930" East: thence Southeasterly along a 768.51 foot radius curve leading to the left through a central angle of 06058'09" for an arc distance of 93.48 feet to a point of tangency, (said point being coincident with State Road No. 907, Station 17+34.46. as shown on said Florida Department of Transportation Right-of-way Map Section 87090-2402, sheet 16 of 18); thence South 54°0739" East for 55.66 feet to the Point of Beginning. Lying and being in Section 27, Township 53 South, Range 42 Easl, Miami Beach, Miami -Dade County, Florida. The above Parcels 1 and 2 are now known as; Tract A, of ALTON 3900, according to the plat thereof, recorded in Plat Book 178, Page 45, of the Pudic Records of Miami -Dade County, Florida. Gn nbMlrrurig, PA I Atttun aztaw 1"gEPeAllbft.� wwwgtlawmm Exhibit"B" Easement Area Sketch and Legal Description 11 T EXHIBIT IB" SEWER EASEMENT 3900 ALTON 3900 ALTON RD. MIAMI BEACH, FL 33140 SURVEYOR'S NOTES: THIS IE NOTA BOUNDARY SURYFY LESAI CESONFTION PROVIDED BASED ON RECORDED COMITONS AM ANIG KTON RD IE&AL DESCRIPTION (O.RE."olk PO, laOT) BEARING AND WGrANCES ALONG N ESTAINUSRED AND RECORDED L"E EASEMENT CAICIYATEO DEDMETI USE THE BASIS OF BEARING AS PER PLAT BEARINGS SHOVM HEREON ARE EASED ON TXE CENTERLINE OF ALTON ROAD (STATE ROAD W, Gat) RAN MAP SEC. 97M0.M0o. SHEET 10 OF 10) SOMI BOI.W ALSO SHEET 2 OF 4 (P.& e; PO, A]) MMMH ME COuvTY PUBLIC RWMMJ NOV 1.22T (RECORD) THE INTENT OF THIS EASEMENT 6 TO ENCOMPASS THE RECENTLY I N STALLED 0• (G W 0) SEWER SERNCE AND RELATED FACUTI ES AS SHOWN ON THE SEVER ASSUILT, PREPARED SY DOCAMPO SURVEIMIO SERVICES LLL MIN. VERTICAL CLEAR ANCE OF THIS EASEMENT IS 2SFT. ABOVE FINISHED GRWND LEVEL LEGEND: 1. ROB denotes Point of BagMning 2. P.O.CGenales Pant of Commenamam. 3. P 0, T denotes Pant a T minatbn 4' RAN Damao Right Of Way S PIL Property Une 6. CIL CThmMe 1. AM Monument Une B. P.B. paroles Par Book 9, PG. denotes page 10. PCdMobes Polne a Curve 11. FIX penal Point of Gonave Curvature 12. R denotes Curve Radius 13. L denotes Langth of Curve 14. B denotes Anga of curve 15. MD-WASD denote, Nam! -Dupe County Waterand Sewer Department 16. ABC. denotes Rem,ds 1l, M.OLR. denotes Mlaml-Lade tbunty Recona 18. S L SECTION LANE Alfredo Diaz I HEREBY made : Mat Me LEGSL AND SKETCH of the PmpANDpesrnDed harem was mope under myy AuO, by O and that the LEG4L AND Deal and meets pre oyom, An ofP©ctkasetfirth 6ythe Ronda Boardof SUMCode land Surveyors era Mappers In Chapter51-1], OR, Is Code corant to Section t of my ], Rolla Statutes. That the Sketch hereon Is true and AID. t h thebestofmY knobe, nB erabNoW.esent taw ronotes aranotaebns shown hereon. ThE SketM goes not represents Lora Survey. LOCATION MAP .'0. S27—TSS—ROTE w arpry IS: Of, eMami AM&DI ROrae, 1540A uuz •,,,,,,,, -.7y �LCENa -yy MGNNNW�14 sm N• 'S 2•'�•••:a0 R iOTR�E•' SUS'„ BY AtiR MM ,LSOXV Professional Surveyor and Mapper STATE OA AL ORIDA 1 omwu. AD sou'" 0""'ee eaiWc<r"II CIN OF MIAMI BEACH WATER AND SEVER u -ro15 2 vLwm AD L88442 DEPARTMENT 4l6)Nf. Mun.SbMf 1 irarss. AD Hametasrl Aunda lJpl3 SEWER EASEMENT EnMB.:—IRIP^1PtLOCATION MAP& SURVEYORS NOTES SEWER EASEMENT 3900 ALTON so 3900 ALTON RD, MIAMI BEACH, FL 33140 1 � .4Nq I11.27 3e'£ ii sSl•Ie4 O *� szraeve 1 NIB•le'9B'W��t' 3R53 DW I 9.O1' (pa i tI VV 9I.3x 59.11'll'WI x r h $yp' N6B•A]a'W Lill Q U N ~ p�p� O ys�� AAla=he lwv 4P evrt w 1 _gam g� < U N g 3OlQI p C(i .JY1.1n WBST371ry 1pa fR0 F4 AV I & Fqd 6 t G•V poRTAN `r x v^Fp° h A01 pi 9 J �d [[�� •. A vo .rv. i o ��.ZjFb [` I Al Diaz va. DAre aev[s[o evcArre AD tse442 lCer8eeencec tur CITY OF MIAMI BEACH WATER A I mmlss. az DEPARTMENT��' MIT.ND eie>NF ]om weer SEWER EASEME oVx1IxB. AD hbmes[aLO, HwIW ]3033 A�, LEAS SHDYl1 emnae e�,yor.�yoyrym.✓rw,l LOCATION MAP BSURVEV „�, SEWER EASEMENT 3900 ALTON 3900 ALTON RD. MIAMI BEACH, FL 33140 LEGAL DESCRIPTION: OR BK 35323 PG 4149 LAST PAGE A STRIP OF LAND LAVING ON A PORTION OF LOT M. BLOCK 1 OF NAUTILUS SUBDIVISION, ACCORDBIC TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8 AT PAGE 95, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND BEING MORE PARTICIAARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 54 OF BLOCK 1 OF NAUTILUS SUBDIVISION: THENCE NORTH 09°11' EAST ALONG THE EASTERLY LINE OF SAID LOT U. ALSO BEING THE WESTERLY RKWT-0E-WAY LINE OF ALTON ROAD (STATE ROAD 907) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 8709(1 A02 DATED 12-2009, SHEET 16 OF 18. FOR 10.49 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CITY OF MIAMI BEACH SEWER EASEMENT; THENCE RUN NORTH 88.54'14- WEST FOR 3833 FEET TO A POINT; THENCE RUN NORTH P QW- WEST FOR A DISTANCE OF 91.31 FEET TO A POINT; THENCE RUN NORTH 08.1753- EAST FOR 9.08 FEET TO POINT; THENCE RUN NORTH Is-14'48- WEST FOR A DISTANCE OF 18.79 FEET TO A POINT; THENCE RUN SOUTH 80.48%- EAST FOR 11.27 FEET TO A POINT; THENCE RUN SOUTH 18.14'48• EAST FOR 12.58 FEET TO A POINT; THENCE SOUTH T ,1523• EAST FOR 85.33 FEET TO A POINT; THENCE RUN SOUTH 88-W14- EAST FOR X53 FEET TO A POINT; THENCE RUN SOUTH W-1122- WEST FOR 15.33 FEET TO POINT OF BEGINNING OF CITY OF THE MIAMI BEACH SEWER EASEMENT. OF ALL OF THE ABOVE LAYING AND BEING IN SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST IN MIAMI DADE COUNTY, FLORIDA. CONTAINING 2,W3.911 SQUARE FEET OR 0.5478 ACRES, APPROXIMATELY, STATE OF FWRMA, COUNTY OF M"-DADE I hereby certify that the foregoing is a HIe ID th19 D'ffICO "�O An,20 true and correct to ,pGong n mrt,� ,Courtand NAN FERNAND RQT70J, Cf Vk of the Comptroller, n ry 59 �A, `' Dgiuuy.y,.eey Alfredo `�= AaMCDIss DMc2U36AI.3, Diaz 1135y]-0SbY _�• yTA • --���(-A2 D0.1D�' BY A(iRtTXI amz,, [56NO3 P/OA911%OAN/ Surveyor oDb Mapper SPA PE OF F1OR30A 1 DATE REVISIO AD POL/NPO PYNYFY/NE IPRV/PPBILC raa 42 9I6JNE. 30M 502pr P :�enea�e �v .. CITYOF MIAMI BEACH WATER AND SEWER DEPARTMENT SEWER EASEMENT LOCATION MAP 85URVEVOR'S LJOS "' 0p "OATS: 0I-14-2025 2 44� AD 3 D Ao su�E'ns 2026-34072 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE FOLLOWING PERPETUAL UTILITY EASEMENT AGREEMENTS FROM 3900 ALTON ROAD OWNER, LLC (OWNER/GRANTOR) TO THE CITY (GRANTEE), FOR USE OF THE FOLLOWING EASEMENT AREAS ON OWNER'S PROPERTY, LOCATED AT 3900 ALTON ROAD, LYING IN A PORTION OF LOT 54, BLOCK 1, OF NAUTILUS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, AT PAGE 95, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND A PORTION OF SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, IN MIAMI-DADE COUNTY, AS MORE PARTICULARLY DESCRIBED IN EACH RESPECTIVE EASEMENT AGREEMENT: (1) THE USE OF AN EASEMENT AREA HAVING APPROXIMATELY 156 SQUARE FEET, TO ACCESS, CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE, AND UPGRADE A WATER METER AND RELATED INFRASTRUCTURE ON THE PROPERTY; AND (2) THE USE OF AN EASEMENT AREA HAVING APPROXIMATELY 2,083.911 SQUARE FEET, TO ACCESS, CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE, AND UPGRADE A SEWER MAIN INFRASTRUCTURE; FURTHER, AUTHORIZING THE CITY MANAGER TO FINALIZE THE EASEMENT AGREEMENTS; AND FURTHER, UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE EASEMENTS. WHEREAS, 3900 Alton Road Owner LLC, a Delaware limited liability company (the "Owner" or "Grantor") is the ownerof the property located at 3900 Alton Road, Miami Beach ("Property"); and WHEREAS, Owner has obtained approval from the City's Design Review Board ("DRB") (under ORB File No. DRB21-0664), for the construction of a multi -family building on the Owner's Property (the "Development"); and WHEREAS, Owner has already constructed and installed the sewer main infrastructure within the Property line, however, Miami -Dade County ("County") has required that an easement in favor of the City be granted by Owner, in that, the City is the local jurisdiction for public works infrastructure; and WHEREAS, in connection with the Development, the Grantor has agreed to convey to the City the following Perpetual Utility Easement Agreements for use of the following EasemenlAreas on Owner's Property, lying in a portion of Lot 54, Block 1, of Nautilus Subdivision, according to the Plat thereof, as recorded in Plat Book 8, at Page 95, of the Public Records of Miami -Dade county, Florida, and a portion of Section 27, Township 53 South, Range 42 East, in Miami -Dade County, as more particularly described in each respective Easement Agreement: (1) a Perpetual Easement Agreement for the water meter and related infrastructure ("Water Meter Easement Agreement"), including the sketch and legal description of the Easement Area is attached to the City Commission Memorandum accompanying this Resolution as Exhibit "A"; said Easement Area having an Easement Area measuring twelve (12) feet by thirteen (13) feet, Containing approximately 156.0 square feet or 0.0036 acres, to access, construct, install, operate, maintain, repair, replace, and upgrade a water meter and related infrastructure to serve such Property, together with the non-exclusive right of ingress, egress and regress on, over and through the Grantor's Property for access to the Easement Area; and (2) a perpetual Easement Agreement required by the County for the sewer main infrastructure ("Sewer Main Easement Agreement"), including the sketch and legal description of the Easement Area, copy of which is attached to the City Commission Memorandum accompanying this Resolution as Exhibit "B"; said Easement Area with a width varying between ten (10) and fifteen (15) feet, containing approximately 2,083.911 square feet or 0.0478 acres, to access, construct, install, operate, maintain, repair, replace, and upgrade a below -ground sewer main, together with the non- exclusive right of ingress, egress and regress on, over and through the Grantor's property for access to the Easement Area; and WHEREAS, notwithstanding this requirement by the County, the Sewer Main Easement Agreement requires the Owner, its successors and/or assigns will be responsible for operating, maintaining, repairing, replacing and upgrading the sewer main infrastructure located within the Property line (Owner's Maintenance Responsibility'), unless the City, at the City Manager's discretion, opts to perform Owner's Maintenance Responsibility at Owner's expense; and WHEREAS, the City Manager recommends approving, in substantial form, the proposed Water Meter Easement Agreement and the Sewer Main Easement Agreement; further, authorizing the City Manager to finalize negotiations; and further, following completion of successful negotiations, authorizing the City Manager and City Clerk to execute the Easement Agreements. 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, the following Perpetual Utility Easement Agreements from 3900 Alton Road Owner, LLC (Owner/Grantor) to the City (Grantee), for use of the following Easement Areas on Owner's property, located at 3900 Alton Road, lying in a portion of Lot 54, Block 1, of Nautilus Subdivision, according to the Plat thereof, as recorded in Plat Book 8, at Page 95, of the Public Records of Miami -Dade County Florida, and a portion of Section 27, Township 53 South, Range 42 East, in Miami -Dade County, as more particularly described in each respective Easement Agreement: (1) the use of an Easement Area having approximately 156 square feet, to access, construct, install, operate, maintain, repair, replace, and upgrade a water meter and related infrastructure on the Property; and (2) the use of an Easement Area having approximately 2,083.911 square feet, to access, construct, install, operate, maintain, repair, replace, and upgrade a sewer main infrastructure; further, authorize the City Manager to finalize the EasementAgreements; and further, upon completion of successful negotiations, authorize the City Manager and the City Clerk to execute the Easements. PASSED and ADOPTED this S day of Ff brtrar 026. ATTEST:_ EB 2026 F ns Rafael E. Granado, City Clerk e„ / j{) IX(OAP OXATIOI Steven Meiner, Mayor APPROVED AS TO FORM &LANGUAGE &_EQR EXECUTIONS �� f{.=.L(W ZL CIN A Olney 1W DOM Resolutions C7 L MIAMI BEACH COMMISSION MEMORANDUM TO; Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: February 5, 2026 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE FOLLOWING PERPETUAL UTILITY EASEMENT AGREEMENTS FROM 3900 ALTON ROAD OWNER, LLC (OWNER/GRANTOR) TO THE CITY (GRANTEE), FOR USE OF THE FOLLOWING EASEMENT AREAS ON OWNER'S PROPERTY, LOCATED AT 3900 ALTON ROAD, LYING IN A PORTION OF LOT 54, BLOCK 1, OF NAUTILUS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, AT PAGE 95, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND A PORTION OF SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, IN MIAMI-DADE COUNTY, AS MORE PARTICULARLY DESCRIBED IN EACH RESPECTIVE EASEMENT AGREEMENT: (1) THE USE OF AN EASEMENT AREA HAVING APPROXIMATELY 156 SQUARE FEET, TO ACCESS, CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE, AND UPGRADE A WATER METER AND RELATED INFRASTRUCTURE ON THE PROPERTY; AND (2) THE USE OF AN EASEMENT AREA HAVING APPROXIMATELY 2,083.911 SQUARE FEET, TO ACCESS, CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE, AND UPGRADE A SEWER MAIN INFRASTRUCTURE; FURTHER, AUTHORIZING THE CITY MANAGER TO FINALIZE THE EASEMENT AGREEMENTS; AND FURTHER, UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE EASEMENTS. The Administration recommends adopting the Resolution. BACKGROUND/HISTORY 3900 Afton Road Owner LLC, a Delaware limited liability company (the "Owner- or'Grar tor) is the owner of the property located at 3900 Alton Road, Miami Beach ("Property') The Grantor has obtained approval from the City'$ Design Review Board ("DRB") (under DRB File No. DRB21-0664), for the construction of a multi -family building on the Grantors Property (the "Development'). Owner has already constructed and installed the sewer main infrastructure within the Property line; however, Miami -Dade County ("County") has required that an easement in favor of the City be granted by Owner, in that. the City is the local jurisdiction for public works infrastructure. ANALYSIS In connection with the Development. the Grantor has agreed to convey to the City the following Perpetual Utility Easement Agreements for use of the following easement areas on Owner's Property, lying in a portion of Lot 54, Block 1, of Nautilus Subdivision, according to the Plat thereof, as recorded in Plat Book 8, at Page 95, of the Public Records of Miami -Dade county, Florida, and a portion of Section 27, Township 53 South, Range 42 East, in Miami -Dade County, as more particularly described in each respective Easement Agreement. 361 of 2180 (1) Water Meter Infrastructure A perpetual easement, having an Easement Area measuring twelve (12) feet by thirteen (13) feet, containing 156.0 square feet or 0.0036 acres, approximately; to access, construct, install, operate, maintain, repair, replace, and upgrade a water meter and related infrastructure to serve such Property, together with the non-exclusive right of ingress, egress and regress on, over and through the Grantor's Property for access to the Easement Area ("Water Meter Easement Agreement"). A copy of the draft Water Meter Easement Agreement for the water meter and related infrastructure, including the sketch and legal description of the Easement Area is attached hereto as Exhibit 'A" (2) Sewer Main Infrastructure A perpetual easement required by the County, having an Easement Area with a width varying between ten (10) and fifteen (15) feet, containing approximately 2,083 911 square feet or 0 0478 acres, to access, construct, install, operatemaintain, repair. replace, and upgrade a below - ground sewer main, together with the non-exclusive right of ingress, egress and regress on. over and through the Grantors property for access to the Easement Area (`Sewer Main Easement Agreement'). A copy of the draft Sewer Main Easement Agreement, including the sketch and legal description of the Easement Area is attached hereto as Exhibit'B Notwithstanding this requirement by the County, the Sewer Main Easement Agreement requires Owner, its successors and/or assigns will be responsible for operating, maintaining, repairing, replacing and upgrading the sewer main infrastructure located within the Property line (`Owner's Maintenance Responsibility"I, unless the City opts to perform Owners Maintenance responsibility at Owner's cost. The Administration recommends approving, in substantial form, the proposed Perpetual Utility Easement Agreement for the water meter and related infrastructure, and the proposed Perpetual Utility Easement Agreement related to the sewer main infrastructure, contingent upon Owner executing the Maintenance Agreement, further, authorizing the City Manager to finalize negotiations, and further, following completion of successful negotiations, authorizing the City Manager and City Clerk to execute the Easement Agreements. 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: hfti)s://www m,amibeachfl nov/c ty-hallicityclerk/meeting-not cesr FINANCIAL INFORMATION No fiscal impact CONCLUSION The Administration recommends adopting the Resolution. 362 of 2180 Applicable Area Middle Beall Is this a "Residents Riaht to Know" item. Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? 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 Perpetual Utility Easement Agreements for 3900 Alton Road. PW Previous Action (For City Clerk Use Only) 363 cf 2180 EXHIBIT "A" This instrument prepared by: Name: Ricardo J. Dopiao, City Attorney Address: Once of the City Attorney 1700 Convention Center Drive, 4' Floor Miami Beach, Florida 33139 (Span reserved for Clerk) PERPETUAL UTILITY EASEMENT AGREEMENT FOR DOMESTIC WATER METER THIS PERPETUAL UTILITY EASEMENT AGREEMENT FOR DOMESTIC WATER METER (the'AgreemeM') is made this _ day of 2026 ('Effective Date'), between 3900 ALTON ROAD OWNER LLC, a Delaware limited liability company, as owner and grantor, and its successors and assigns (hereinafter wiled'Grantol") 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 the'City). WITNESSETH: WHEREAS, Grantor is the owner of that certain improved real property located within the City's municipal jurisdiction, with a street address of 3900 Alton Road, and more particularly described in EXHIBIT *A-. attached hereto and made a pan hereof (the 'Grantors Properly): and WHEREAS, Grantor obtained approval from the City's Design Review Board ('DRB') (under DRB File No. DRB21-0664) for the construction of a multi-famiy, building on the Grantor's Property (the'Developmeni and WHEREAS. in connection with the Development, Grantor has agreed to convey to the City a perpetual non-exclusive Easement (as defined in Section 2 below) for the City to access. construct, install, operate, maintain, repair, replace and upgrade the water meter and related infrastructure (collectively, the 'City's Utility Infrastructure'), together with the rwr�exdusiva right of ingress, egress and regress on, over and through Grantor's Property for access to the Easement Area: 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. 364 of 2180 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: 1. 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 Utility Infrastructure 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 easement (the "Easement") on, over, and under 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 (the 'Easement Area") to access, construct, install, operate, maintain, repair, replace and upgrade the City's Utility Infrastructure, together with the right of ingress, egress and regress on, over and through Grantor's Property for access to the Easement Area. 3.1 The City shall use the Easement and the Easement Area during the Term provided herein for the express purposes provided in Section 2 hereof, which will Include, without limitation, use of the Easement Area for taking readings, inspecting the Water Meters, and performing work in connection with the construction, installation, operation, maintenance, repair, replacement and upgrade of the City's Utility Infrastructure. The City may utilize the Easement Area without Grantors 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. except for such use as may unreasonably interfere with the exercise by the City of the rights granted under this Agreement. Notwithstanding anything to the contrary contained herein, Grantor shall be prohibited from obstructing the City's access to, or use of, the Easement Area. Grantor shall not construct, or permit to be constructed, any structure or improvement, or otherwise encroach on or over the Easement Area ("Unpermitted Encroachments") without the prior written consent of the City Managers designee, except that Grantor shall be permitted to install landscapirglirrigation, lighting, concrete curbs, sidewalks, pavers, and a retaining wall within the Easement Area (the "Permitted Encroachments") (collectively, 'Easement Encroachments"). 4. Inspection. It is hereby agreed that any City official has the right, during normal business hours, to enter and investigate the use of the Grantor's Property to verify compliance with the 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 and shall be possessed and enjoyed by the City, its successors and assigns for the purposes stated herein„ unless modified or released with the approval and act of the City Commission. 6. Maintenance. 6.1 At all times during the Term. the City's Utility Infrastructure shall remain property of the City and the City, at its sole cost and expense, shall maintain the Citys Utility Infrastructure and shall make all repairs as deemed necessary by the City, in its reasonable discretion. 365 of 2180 6.2 Damaoes to Easement Encroachments. If the City's work requires removal of the existing Easement Encroachments, then the City. at the sole discretion of the City Manager's designee, will remove the required portions of the Easement Encroachments at the Grantors expense or request that Grantor remove the Easement Encroachments at Grantors expense. In connection with the City's access to the City's Utility Infrastructure pursuant to this Agreement, the City shall not be liable for the replacement of any Easement Encroachments, including, without limitation, decorative features, pavers, lighting, or landscape, and will only be responsible for restoring the Easement Area and any affected surrounding areas to sodigrass. Upon the City completing its work, Grantor, at Grantor's expense, shall be required to repair or replace the affected portions of the Easement Encroachments and surrounding areas. 6.3 Damaoe to the City's Utility Infrastructure or Grantors Property. Grantor shall be responsible for reimbursing the City for any damage caused to the City's Utility Infrastructure by Grantor, its officers, employees, contractors, agents and invitees. The City shall use reasonable efforts to perform the City's Work under this Agreement without causing damage to Grantor's Property; however, the City shall not be responsible for any damage to the Grantors Property as a result of the City's work. 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. 3900 Alton Road Owner LLC Attn: Ron Hoyl, Vice President 3953 Maple Avenue, Ste. 300 Dallas, TX 75219 E-Mail: ron@rockpoint.00m WITH COPIES TO: 3900 Alton Road Owner LLC Attn: Daniel Domb and Joseph Goldman 500 Boylston Street, 21st Floor Boston, MA 02116 Email: Dan@rockpoint.com and JG@rockpoint.com Mast Capital, Inc. Attn: Eran Landry, Managing Director 2601 South Bayshore Drive, Ste. 850 Miami, FL 33133 Bercow Recall Fernandez Larkin & Tapanes Attn: Michael Larkin, Esq. . 200 S Biscayne Boulevard Miami, Florida 33131 Email: mlarkin@brzoninglaw.corn 366 of 2180 AS TO THE CITY: City of Miami Beach, Florida Attn: City Manager 1700 Convention Center Drive. 41' Floor Miami Beach, FL 33139 WITH COPIES TO. City of Miami Beach, Florida Attn: City Attorney 1700 Convention Center Drive, 41' Floor Miami Beach, FL 33139 and City of Miami Beach Attn: City Manager 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: (1) on the date delivered if by personal delivery; (ii) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (iii) on the day after mailing by any form of overnight mall service. Notifications to the City for the coordination and administration of this Agreement may be sent via email to the City's Public Works Department Director ('Cdy Managers designee') or such other person as may be designated in writing to Grantor by the City Manager or the City Manager's designee. 8. Miscellaneous Terns and Condition 8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of the City's Right of sovereign immunity. 82 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 CaoacitvlW Waiver of City Police Pourers. Grantor confirms that 4 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 to 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 the City 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 Code, City Code, Zoning or Land Development Regulations, either to restrain violations or to recover damages. 8.5 Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, Grantor and the City and their respective successors and assigns. 367 of 2180 8.6 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 the City's use of the Easement Area. 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 rase of the City. approved by the Mayor and City Commission of the City of Miami Beach 8.7 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 to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, 9 in state court, and the U.S. District Court for the Southern District of Florida, if in federal court. 8.8 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, except for mortgagees as set forth in the public records of Miari County, and which hove joined and consented to this Agreement. 8.9 Easements and Covenan(s 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. 8.10 Rewralina. This Agreement shall be recorded in the Public Records of Miami -Dade County, Florida by the City at the cost of Grantor TO HAVE AND TO HOLD the same unto the City, 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] 368 of 2180 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: Signature Print Name Address Signature Print Name Address STATE OF FLORIDA I I SS: COUNTY OF MIAMI-DADE I Title: Authorized Signatory The forgoing instrument was acknowledged before me by means of _ physical presence or online notarization this _ day of 2026, by ......«........... ....« as Authorized Signatory of ««.....««................ a Delaware limited liability company, on behalf of said corporation, who is personally known to me or produced as identification. Print Name: Notary Public State of Florida My Commission Expires: [NOTARIAL SEALI 369 of 2180 IN WITNESS WHEREOF. the Grantee 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 CITY OF MUVAI BEACH. FLORIDA, a municipal corporation of the State of Signature Florida Print Name By: Address Name: Eric Careenter Title: CiN Manacer Signature ATTEST. Print Name Signature Rafael E. Grenedo City Clerk Address Print Name STATE OF FLORIDA 1 SS: COUNTY OF MIAMI-DARE I The forgoing instrument was acknowledged before me by means of _ physical presence or _ online notarization this _ day of 2026, by Eric Carpenter, as City Manager, and Rafael E. Grenado, as City Clerk, of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of said municipals orrpn iat on, who is personally known to me or produced Print Name: Notary o••��� Stale of Florida My Commission Expires: [NOTARIAL SEAL) 7 370 of 2180 Mortgagee Joinder and Consent to Perpetual Utility Easement Agreement For Dome►tic Water Meter PNC Bank, National Association ('Mortgagee'), as owner and holder of that certain Mortgage. Assignment of Leases and Rents, Security Agreement and Fixture Filing from 39M Alton Road Owner, LLC, a Delaware limited liability company ('Mortgagor) to Mortgagee, dated November 16, 2022 and recorded on November 17, 2022, in Official Records Book 33471, at Page 1066, of the Public Records of Miami -Dade County, Florda (-Public Records'); an Assignment of Leases and Rents from Mortgagor to Mortgagee, dated November 16, 2022 and recorded on November 17. 2022, in Official Records Book 33471, at Page 1092 of the Public Records; and a UCC Security Agreement from Mortgagor to Mortgagee, recorded on November 17, 2022, in Official Records Book 33471, at Page 1100 of the Public Records (collectively, the 'Mortgage*), hereby joins in and consents to the granting of this Perpetual Utility Easement Agreement for Domestic Water Meter (this'Agreement') in favor of the City of Miami Beach. Florida, a municipal corporation organized and existing under the laws of the State of Florida, encumbering the Mortgagor's property. located at 3900 Afton Road, Miami Beach, Florida 33140 ('Mortgagors Propemj), all in accordance with the terms and conditions set forth in the Agreement Mortgagee agrees to subordinate its lien and effect of its security interest encumbering Mortgagor's Property to this Agreement, so that in the event Mortgagee or any other parry shell obtain litle to the Mortgagee's Property through foreclosure or deed-rnAeu of foreclosure, this Agreement shall be binding upon the entity obtaining fitle as the then owner of Mortgagors Property. Witnesses PNC Bank By: By: Print Name: Pnnt Name: Title: By: Print Name: State of County of The foregoing instrument was acknowledged before me by means of ( ) physical presence or ( ) online notarization on this _ day of May, 202_ by as on behalf of PNC Bank, a on behalf of said company. He or she is ( ) personalty known to me or, ( ) produced a drivers license as identification. Notary Public - State of Pnnt Name; My Commission Expires: 371 of 2180 Exhlblt"W Grantor's Property All of 1 n1 53 and a portion of Lots 52. 54 and 55, Block I of NAUTILUS SUBDIVISION. according to the I'lut thereof as recorded in Plat nook gat Page 95, and a portion of Lot D of Rh.- SL9DIVISION OI• LOTS 48. 49. 50 .4ND 51 OF Ill.(R:K 1. N,AUI If US %IJBDIVISION. Jccording to the Plat thereof as reconhvl in Plm Book 35 ut Pnge 46 of tla: Public Records of Miami - Dude County. I londa and n portion o1' Su:tirms 22 nod 27 iu Township 53 South, Range 42 Fast. City of Miami Beach. Miami -Dade County. Fonda, and being more particularly described as follows' Begin at the Southeast comer of mid lot 54 of Block I of NAI II ILLS SUBDIVISION; thence North 09" 1 V 22" Fast along the Easterly line of mid Lots 52. 53 and 54, also being the Westerly Right -of -Way line of Alton KOW (Stage: Road 907) it, hown on the Florida Department of Transportation Right -of -Way Slap Section x7090-2402 dated 12-2009, Slices 16 of Ig, fur 228.03 fact: dreroa North 80' 48' 38" West far 269.11 feet: thence North 09' 11' 22" Fast for 144.42 feet; thence Srwth 55' 48' 11" West uhmg the Southeasterly Right-of-W'ay lira of the Julia Tuttle (me,way per Sole Road 112fl-195 of mid Florida Department of fmrapmation Right -of -Way Slap Section No. 87090.2402. Sheet 16 of 19. for 90.82 feet; theme South 05" 59. 58" East for 62.09 feel: thence South 23' 1 V 59' West for 161.81 feet. the following two (2) counties being along the Northerly boundary of Alton Road (State Road No. 25), as shown on mid Florida Department of TmnsJ ortation Right -of -Way Map; (1) South 54" 0T 39" East for 162.79 feet m a Point on a circular curve; (2) theme Sumtwasterly along a U10,92 hot rn lim curve leading to the right, through a central Angle of 09` 57 10" tort W are, JOUMOCe of 104.39 feet; theme South 760 03' 16" Fast for 74.65 feet, theme North 41' 11, 22' I ast along the existing Limited Access Right - of Way lint of the Westerly Rightaf-way line of mid Ahon Road (State Road 9071 as shown on mid Right-of-W'ay Map tiMion 87190-2402 for 4g 00 loeL drams South 140° 48' )8' Fzst slung dw Southerly line of said I of 54 for 26 00 feet to the Point of Beginning. 372 of 2180 Exhibit"B" Easement Area 373 of 2130 EXHIBIT FBI WATER EASEMENT 3900 ALTON 39M ALTON RD. MIAMI BEACH, FL 33140 LOCATION MAP NpT *O FCNe 517-7YiFFA'i TW516 NOTABrNINOLiV SURVEY �� ✓ " _ NID SFeF K1Gh RRJLECMt CfSLRIRIION ORB..MFF.GW71 ESTABLISHED AND RECORDED i �.✓ ''�, 3FAWNGMD DFSTINCES KOHG NEU �� I .INFw EASENEN•GLCLUTFD ]EOMETRv JSE THE BISIS OF SWING AS FYpC 'ER PUT YEIFFFOP SEWS SXOAM IERECN ME EASED EC MECENIEiSHEf sOF OE _. _._ .. .�d..,ewusR RE[FTDFD2a2. $IFFY r�✓� iuc l_ 1 7J� �••� I CLEARANCE OF THIS EASEMENT IS 25"ABODE FINIEXED . -H rySi /1 LEVEL F'FRA.cv� EMENT STRIP FORMS A CLOSED GEWE TRIC"I LQr AT R PD.LEL:END: B Cendes Aa'nl d BeginnmR 2.3. RO C c,PRSi Print d Cnmmeneemenf. ]. Y.O. T dmm Priig ntfWay elIDn +. p1L CBINRlS ine RY WaY S. CI Cried" , 6. GL Lentadine 7.A1/L 04onumenl4rle B. R. ING d"PtH, RAP, BOR4 ID. 4C denotes ROHM d Lurve IL{CLCC/IC@.YPoirNOI CNNON2 1. R dendes CUM RadbP` P 13. L dendes AWLS dLBrre uee^aes Anab. A darK I S MD-WASD Gkrlot�s nMml-OaCe Cuunry water arb Sewer Oepartnle^' 16. RK. Wrlet4s Records I I. NO CR. den Num,-Dade Co,mtr Re Alfredo IS. SA SECRON LINE Diaz SURVEYOR 5 iZATILATE' I NERESYCERTIRY: tNt Me LECJL AND SKE)CN DI Me Rmpedy decal Hereon was made ORCC/ my sOM,,R,, arld IMt Uw LrGAL AND SKETCH r 0 Nle Standards d RreCNae Met /p)D Dv tM flWda Board of Pro)essbnal Larb Sur4eWrs arld N27 In 5ZOWO S T ). FMrrla AdmircatraDK Cad! Rursuanl ro t R, ,SS of',,72 y ), Florida LIM �M i,", odes aM nova otl n'Aow- 2P lII! DGs ,1 / iS 4nowbdge IN2on. ])ris SketM odes 112R2aen[ a IaM SwveY OpRaIN FIP"F �R�tCEN4 •e�nt AwFaPDMF ,•: a� De[f l0)SGI�QQEE b. •••V Sp ISA)JS dS'IRCi ;�_ •'• iN0 AiF ay ALAREDOONI, 156AT1 Ora lessiane/ Surveyor end N+Rper 5)A,E Of FLORIDA n" ",noel 11"AUFF ilit CITY OF MIAMI BEACH WATER AND SEWER /sew DEPARTMENT +T6lwE xRn straw WATER EASEMENT '"K'�'_'��� mm nr•nnON MAP d SURVEYOR'S NOTES 37402180 I WATER EASEMENT 3900 ALTON 3900 ALTON RD. MIAMI BEACH. FL 33140 uru -so a _ na 4 1t ss, a ai P• a `i `T7 ��; • ycr0 5 4. Q I _ • M'FSl3A, F 1 < A z �Y6 so•.s:,•f na a t as a ova.w•f Acr 6rwo j 1 Gn'Cf YM�IW" W' •5 a ll�r'S1 5.07 p �. 9'A'o k �• .? Xa D� � Id Alfredo °gh'lly` � by Alfredo Diaz arro"'Y1,1r0 rnnrn lie CITYCF MIAMI BEACH WATER AND SEWER ,ee..z DEPARTMENT I167NE 3°m Rn WATER EASEMENT w. ara.,,�ocuse�„yppna"; .ar LOCATION MAP 8 SURVEYOR'S NOTES 375 of 2190 WATER EASEMENT 3900ALTON 3900 ALTON RD, MIAMI BEACH, FL 33140 LEGAL DESCRIPTION: A STRIP OF LAND LAYING ON A PORTION OF LOT 54, BLOCK 1 OF NAUTILUS SUBDIVISION, ACCORDING'() THE PLAT THEREOF AS RECORDED IN PLAT BOON 8 AT PAGE 85, OF THE PUSUC RECORDS OF M WBF-DADE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE SOUTHEAST CORNER OF SND LOT 54 OF BLOCK 1 OF NAUTILUS SUBDIVISION, THENCE NORTH OW It'P2- EAST ALONG THE EASTERLY LINE OF SAID LOT 64, ALSO BEING THE WESTERLY RIGHT OF -WAY LINE OF ALTON ROAD ISTATE ROAD 807) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGNTOF-WAY MAP SECTION 8708(L2402 DATED 12-2WI), SHEET 18 OF 18. FOR 5.07 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CITY OF MA I BEACH WATER EASEMENT; THENCE RUN NORTH BO'45'1S WEST FOR 1343 FEET TO A POINT, THENCE RUN NORTH OB'14'47-EAST FOR A DISTANCE OF 12.0 FEET TO A POINT. THENCE RUN SOUTH W-4T13' EAST FOR 13.02 FEET TO A POINT. THENCE RUN SOUTH Or 1112? WEST FOR A DISTANCE OF 12 0 FEET TO A POINT OF BEGINNING OF THE CITY OF MIAMI BEACH WATER EASEMENT_ OF ALL OF THE ABOVE LAYING AND BEING IN SECTION 27. TOWNSHIP 53 SOUTH RANGE 42 EAST IN MIAMI DADE COUNTY, FLORIDA, CONTAINING 1M 0 SQUARE FEET OR 0,WX ACRES, APPROXIMATELY. ned Alfredo pyp�e<a Dye Date: 2026.01.16 Diaz 15:48:36-05'DO' %•..' R✓ A[fRFLY)OlAZ [S aStlJ orolissionA/ SurvaYO( //�O MiRCs� SrArF OF FIOR70A rro rnrniM Afrrrt/Y 14r CITY OF MIAMI BEACH WATER AND SEWER 10aa DEPARTMENT u6�A.F mr's°`er WATER EASEMENT I rmste4✓. AtvvL �m3J m-s+cm�wroaa+Y+�'^ LOCATION MAP 8 SURVEYOR'S NOTES 376 of 2180 EXHIBIT "B" This instrument prepared by: Name: Ricardo J. Dopico, City Attorney Address. Office of the City Adomey 1700 Convention Center Drive, 40 Floor Miami Beach, Florida 33139 (Space reserved for Clerk) PERPETUAL UTILITY EASEMENT AGREEMENT INVOLVING SEWER MAIN THIS PERPETUAL UTILITY EASEMENT AGREEMENT INVOLVING A SEWER MAIN ffective Date'), between 3900 AL ONI.ROA d OWNER e this _LLC, a Delaware limited ay of li026 E ability company, as owner and granur, and its nd the CITY OF BEACH FLORIDA, a munic pal corporatiors and assigns (hereinafter of the Stattee called Floridan(t e) eCity'), as grantees, and its successors and assigns (hereinafter called'Grantse'). WITNESSETH: WHEREAS, Grantor is the owner of that certain improved real property located within the Citys municipal jurisdiction, with a street addressof 3900 Alton Road, Miami Beach, Florida 33140, 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. DRB21-0664) for fe construction of a mulb-family building on the Grantor's Property (the 'Development*); and WHEREAS, Grantor has already constructed and installed the sewer main infrastructure within Grantor's Property line; however, Miami -Dad County ('County) has required that Granto convey the sewer infrastructure to the City and grant an easement in favor of the City, in that, the City is the local jurisdiction for public works infrastructure; and WHEREAS, in connection with the Development, and as required by the County, Grantor has agreed to convey to the City the constructed sewer infrastructure, grant a perpetual, non- exclusive Easement (as defined in Section 2 below) for the City to access, construct, install. operate, maintain, repair, replace, expand and upgrade the sewer main infrastructure (collectively, the 'City's Utility Infrastructure'), together with the non-exclusive right of ingress, egress and regress on, over and through Grantors Property for access to the Easement Area; and WHEREAS, notwithstanding this requirement by the County, Grantor, its successors and/or assigns will be responsible for operating, maintaining, repairing, replacing, expanding and upgrading, as necessary to serve Grantors Property, the City's Utility Infrastructure located within 377 of 2180 Grantors Property line (collectively, "Grantor's Maintenance Responsibilities'), as more particularly set forth in Section 6; 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 Grantors Property. 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 1. Rxitals. The above recitals are true and correct and are hereby incorporated into this Agreement. 2. Coruldaratlon and Dsseriotlon. the Grantor, for and in consideration of being permitted to install the City's Utility Inhestruclura within Grantor's private property in connection with related to Grantors Development and other good antl valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, a perpetual non- exclusive easement (the'Easement) on, over, and under 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 (the "Easement Area') to access, construct, install, operate, maintain, repair, replace and upgrade the City's Utility Infrastructure, together with the right of ingress, egress and regress on, over and through Grantors Property for aces" to the Easement Area. 3. us" 3.1 The Grantee shall use the Easement and the Easement Area during the Term provided herein for the express purposes provided in Section 2 hereof, which will include, without limitation, use of the Easement Area for taking readings, inspecting the Sewer Main, and performing work in connection with the construction, installation, operation, maintenance, repair, replacement and upgrade of the City's Utility Infrastructure, as more particularly described in Section 6 3.2 The Grantor shall have the right to full use and enjoyment of Grantors Property. except for such use as may unreasonably interfere with the exercise by the Grantee of the rights granted under this Agreement. Notwithstanding anything to the contrary contained herein, Grantor shall be prohibited from obstructing Grantee's access to, or use of, the Easement Area. Grantor shall not construct, or permit to be constructed, any structure or improvement, or otherwise encroach on or over the Easement Area ("Unpermitted Encroachments') without the prior written consent of the Grantee, except that Grantor shall be permitted to install other utility infrastructure that does not require digging deeper than one (1) foot below the ground, asphalt, landscapingrurigation, Ilghbri concrete curbs, sidewalks, pavers, drainage, a retaining wall, and a vehicular gate within the Easement Area (the "Permitted Encroachments") (collectively, 'Easement Encroachments'). 4. Ineoection. It is hereby agreed that any City official has the right, during normal business hours, to enter and investigate the use of the Grantors Property to verity compliance with 378 of 2190 the 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 and shall be possessed and enjoyed by the Grantee, its successors and assigns for the purposes stated herein, unless modified or released with the approval and act of the City Commission. 6. Maintenance. 6.1 At all times during the Term, the City's Utility Infrastructure shall remain property of the City; however, Grantor, at its sole cost and expense, shall maintain the City's Utility Infrastructure and shall make all repairs, replacements and upgrades (i) as deemed necessary by Grantee in its reasonable discretion; (ii) as may be required to comply with the City's Building, Public Works, Zoning antl Land Development Regulations standards, (iii) as required by industry standards for similar infrastructure; and (iv) at all times as may be required by applicable Federal, State, County and local laws and regulations and applicable permits. When competing standards apply, Grantor shall be required to comply with the most stringent standard. At minimum, but without limitation, Grantor shall perform cleaning and CCTV Inspections of the City's Utility Infrastructure system once every two years. Grantor shall submit to the City Manager's designee (as identified in Section 7) a report ('Maintenance Reporr) due by January 31" of every other calendar year ('Reporting Period'), with the first Reporting Period being less than two (2) years, as to any work including, without limitation, maintenance, repair or replacement work which Grantor has performed on the City's Utility Infrastructure during the Reporting Period, even if no work has been performed, together with any beck -up documents related to the matters contained in the Maintenance Report. The City Manager's designee may request additional documentation related to any matters contained in the Maintenance Report. Additionally, the Grantee, at Grantee's sole discretion, shall have the right to require more frequent Maintenance Reports and modify the reporting content upon providing Grantor with written notice. Each Maintenance Report shall contain a certification by Grantors authorized representative, attesting to the truthfulness of the Maintenance Report under oath. 6.2 Nonemeraencv Work. With respect to any nonemergency maintenance, repair or replacement work ("Nonemergency Work') of which Grantee becomes aware, Grantee will provide Grantor with thirty (30) days advance notice of the need to provide Grantor's Maintenance Responsibilities and Grantor shall commence performance within said thirty (30) day period and diligently pursue all required permits and the completion of all work related to Grantor's Maintenance Responsibilities within a reasonable amount of time. Should Grantee, in the City Managers designee's sole discretion, desire to perform any Nonemergency work on the CityS Utility infrastructure, including any of Grantor's Maintenance Responsibilities, or in the evert that Grantor has failed to perform Grantors Maintenance Responsibilities within the allotted time, Grantee shall place Grantor on notice of Grantee's intentions, and without the need to secure any additional permission to access Grantor's Property, Grantee can proceed to perform Grantor's Maintenance Responsibilities and Grantor shall be responsible for reimbursing Grantee for all costs associated with such work within thirty (30) days following receipt of the invoice from Grantee. 6.3 Emergency Work. Grantor shall be responsible for immediately notifying Grantee of any emergency maintenance, repair or repiaosm int work ("Emergency Work') which may be required for the City's Utility Infrastructure. Should Grantee, in the City Managers designee's sole discretion, desire to perform any Emergency Work, Grantee, without the need to secure any additional permission to access Grantor's Property, can proceed to perform the Emergency Work 379 of 2180 and as soon as practicable notify Grantor of Grantee's decision to perform the Emergency Work. Grantor shall be responsible for reimbursing Grantee for all costs associated with such Emergency Work within ten (10) days following receipt of the invoice from Grantee. 6A Any sums unpaid by Grantor within the timelines delineated in Sections 6.2 and 6.3 shall accrue interest at the default rate of eighteen percent (18%) per annum until paid in full. Additionally, in the event that Grantor fails to pay for the work performed by the City pursuant to this Agreement within forty-five (45) days of Grantor's receipt of the City s invoice, in addition to all other remedies in equity and law, the City may impose a lien against Grantor's Property, consistent with applicable law. 6.5 At the City Manager's sole discretion, upon written notification to Grantor, Grantee may opt to take over Grantor's Maintenance Responsibilities moving forward and thereafter Grantor shall be responsible for reimbursing Grantee for all costs associated with any future Emergency and Nonemergency Work performed by the City on the City's Utility Infrastructure within the timellnes delineated in Sections 6.2 and 6.3. 6.6 Damage to Easement Encroachments. If Grantee's work requires removal of the existing Easement Encroachments, then Grantee, at the sole discretion of the City Manager's designee, will repave the required portions of the Easement Encroachments at Grantor's expense or request that Grantor remove the Easement Encroachments at Grantor's expense. In connection with Grantee's access to the City's Utility Infrastructure pursuant to this Agreement. Grantee shall not be liable for the replacement of any Easement Encroachments, including, without limitation, any decorative features, avers, lighting, or landscape and will only be responsible for restoring the Easement Area and any affected surrounding areas to sod/grass at existing elevation. Upon Grantee completing its work, Grantor, at Grantor's expense, shall be required to repair or replace the affected portions of the Easement Encroachments and surrounding areas. 6.7 Damaoe to City's Utility Infrastructure or Grantor's Property. Grantor shall be responsible for promptly repairing any damage caused to the City's Utelty Infrastructure by Grantor, its officers, employees, contractors, agents and invitees. Grantee shall use reasonable efforts to perform Grantee's Work under this Agreement without causing damage to Grantor's Property: however, Grantee shall not be responsible for any damage to the Grantor's Property as a result of Grantee's work. 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 to" of ovemighl mail service, addressed to: AS TO GRANTOR: 39M Alton Road Owner LLC Attn: Ron Hoyl, Vice President 3953 Maple Avenue, Ste. 300 Dallas, TX 75219 E-Mail: ronfdrockpoint.win 380 of 2180 WITH COPIES TO: 3900 Afton Road Owner LLC Attn: Daniel Domb and Joseph Goldman 500 Boylston Street. 21st Floor Boston, MA 02116 Email'. Dan@rockpoinl.com and JG@rockpointcorn Mast Capital, Inc. Attn: Eran Landry, Managing Director 2601 South Bayshore Ddve, Ste. 850 Miami, FL 33133 Bercow Radell Fernandez Larkin & Tapanes Alm: Michael Larkin, Esq. . 200 S Biscayne Boulevard Miami, Florida 33131 Email: mlarkinQbrzoninglaw.com AS TO GRANTEE: City of Miami Beach, Florida Attn: Public Works Director 1700 Convention Center Drive, 41 Floor Miami Beach, FL 33139 WITH COPIES TO: City of Miami Beach, Florida Attn: City Attorney 1700 Convention Center Drive, 4" Floor Miami Beach. FL 33139 and City of Miami Beach Attn: City Manager 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; fill on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as rot deliverable, as the case may be, if mailed; and (ill) on the day after mailing by any form of ovemight mail service. Notifications to Grantee for the coordination and administration of this Agreement may be sent via email to the City's Public Works Department Director ('City Manager's designee') or such other person as may be designated in writing to Grantor by the City Manager or the City Manager's designee 381 of 2180 •r- 8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of Grantee's Right of sovereign immunity. 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 Ci Governmental Capacity/No Waiver of City Police Powers. Grantor confirms that it has full power and authority to grant Nis 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 Grantee 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 the 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 Code, City Code, Zoning or Land Development Regulations, either to restrain violations or to recover damages. 8.5 Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, Grantor and Grantee and their respective successors and assigns. 8.6 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 relabrg to Grantee's use of the Easement Area. 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 rase of Grantee, approved by the Mayor and City Commission of the City of Miami Beach 81 Govemina 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 to principles of conflict of laws. The exGusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Ronda, if in state court, and the U.S. District Court for the Southem District of Florida, if in federal court. 8.8 Grantor Representations. Grantor covenants, warrants and represents (i) that Grantor is the fee simple owner of Grantor's Property and has the right bile and capacity to grant the perpetual Easement granted herein, and (ii) there are no Ilenholders on the Grantor's Property, except for mortgagees as set forth in the public records of Miami -Dade County, and which have joined and consented to this Agreement. 8.9 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 Grantors Property. 8.10 Recording. This Agreement shall be recorded in the Public Records of Miami -Dade County, Florida by Grantee at the cost of Grantor. 382 of 2180 TO HAVE AND TO HOLD the same unto Grantee, ds successors and assigns forever, and Grantor will defend the title to Grantor's Property against the lawful claims of all parsons whomsoever. ]REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 383 of 2180 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. Signature Print Name Address Signature Print Name Address STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) 3900 ALTON ROAD OWNER LLC, a Delaware limped liability company By.__.. _ _.._.. Name Title. Authorized Signatory The forgoing instrument was acknowledged before me by means of _ physical presence cr _ online notarization this _ day o1 . 2026, by as Authorized Signatory of 39M Afton Road Owner, LLC, a Delaware limited liability company, on behalf of said corporation, wbo is personally known to me or produced - ____.. as identification. Print Name Notary Public State of Florida My Commission Expires: [NOTARIAL SEAL] H 384 of 2180 IN WITNESS WHEREOF. the Grantee herein has csused these presents to be executed in its name on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF Signature Print Name CITY OF MIAMI BEACH, FLORIDA. a municipal corporation of the State of Florda Name. Eric Carpenter Address Title. City MsnMr ATTEST. Signature ---- Signature Print Name Rafael E. Gransdo City Clerk Print Name Address STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The forgoing instrument was acknowledged before me by means of _ physical presence or _online notarization this _day of 2026, by Eric Carpenter, as City Manager, and Rafael E. Granado, as City Clerk, of the CITY OF MIBEACH, FLORIDA, a AMI municipal corporation of the State of Florida, on behalf of said municipal corporation, who is personally known to me or produced as identification. My Commission Expires: [NOTARIAL SEAL] 385 of 2180 Mortgagee Joinder and Consent to Perpetual Utility Easement Agreement Involving Sewer Main PNC Bank, National Association ('Mortgagee'), as owner and holder of that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing from 39M Afton Road Owner, LLC, a Delaware limited liability company ('Mortgagor) to Mortgagee, dated November 16, 2022 and recorded on November 17, 2022. in Official Records Book 33471, at Page 1066, of the Public Records of Miami -Dade County, Florida ('Public Records'): an Assignment of Lewes and Rents from Mortgagor to Mortgagee, dated November 16, 2022 and recorded on November 17, 2022. in Official Records Book 33471, at Page 1092 of the Public Records: and a UCC Security Agreement from Mortgagor to Mortgagee, recorded on November 17, 2022, in Official Records Book 33471, at Page 1100 of the Public Records (collectively, the "Mortgage'), hereby joins in and consents to 0% granting of this Perpetual Utility Easement Agreement Involving a Pnvate Sewer Main (this 'Agreemenr) In favor of the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, encumbering the Mortgagors property, located at 39DO Afton Road, Miami Beach, Florida 33140 ('Mortgagor's Property'), all in accordance with the terms and conditions set forth in this Agreement. Mortgagee agrees to subordinate its lien and effect of its security interest encumbering Mortgagors Property to this Agreement, so that in the event Mortgagee or any other party shall obtain Iide to the Mortgagee's Property through foreclosure or deed -in -lieu of foreclosure, this Agreement shall be binding upon the entity obtaining title as the then owner of Mortgagor's Property. Witnesses PNC Bank By: By: Print Name. Print Name: Title: By: Print Nsme State of County of The foregoing instrument was acknowledged before me by means of ( ) physical presence or ( ) online notarization on this day of May, 202 by es on behalf of PNC Bank a on behalf of said company. He or she is ( ) personalty known to me or, ( ) produced a driver's license as identification. Notary Public - State of Print Name; My Commission Expires: E 386 of 2180 Exhibit "A" Grantor's Property All of I.ot 53 and a Portion of Lots 52. 54 aoa 55, 81ock I of NAUTILUS St BUIVISION. according to the III,' thereof as recorded in Plat I3As)k 8 al PAIIL 95, and a Portion of Lot D of RF- SCBOI\'ISION 01LOTS 48. 49. 50 AND 51 OF III O('K 1. NAUIII. LIS SUBDIVISION, ,according W the Pldi thereof as recorded in Plat Huuk 35 at Page 46 of 0a: Public Recorda of `Miami - Dade Count'. I ksrida, and a portion of Stxliwts 22 ara127 iu Township 53 South, Range 42 Pact, City of Miami Beach, Wamo-Usk County. Flonda, and being more particularly dmLnhcd as follows: Regis a the Southeast corner, of said tea 54 of Block I of NAlll"ILLS SUBDIVISION; thence North IM)" I V 22' Fast along the Eattcrly line of mid Lots 52. 53 mid 54. also being the Westerly Right-ol-Wray litre of Alton Road (State Road 907) as shown on the Florida Department al Transportation Right -of -Way Map Section N7090.2402 dated 12-MG9, Shear 16 of 18. fur 228.03 fect. dunce North 80° 48' 38- Wrest for 269. 11 feet; thence North 09' 11' 22" East for 1".42 feet: therec South 55° 49' 22" West along the Southc�asurly Right -of -Way line of the Julia Tuttle Causeway per State Read 11211.195 of said months Department of transportation Right-uf-Way Map Section No. 8709)0-2402, Sheet 16 of 19, 1'ar 90.82 feet, chance South 05" 59' 59" Feu for 62.09 &er; thence South 23° 1 V SW West for 161.81 feet: the following two (2) counts being along the Northerly huundary of Alton Road (State Road No, 25). as shown on said Florida Dcpxmncst of Tramprtstion Rightuf-Way Mop; (1) South 54" UT 39" East for 162.79 fat w a Point on a circular curve; (2) rhmu Southcasmrly along a 600.92 liar rudius curve leading to the right, through a central ungle of 0Q' 57' 10' lot an we dislwtce of 104.31) feel; thence South 76° 03' 16" Fact for 7_1.651'cec thence North 41 ° 1 I' 22" Cast along the custinp Limited Accew Right - of -Way loo, of the Westerly Right.d=Wray line of said Alton Road ISue Road 907) as shown on said Right -of -Wray Map Session 870Y)0-2402 lot 49.00 fect; thence South 80149' .Us Fast along dre Southerly' line of and Lut W lie 26.W feet m the Poim of Ikgummg 387 of 2180 Exhibit " B" Easement Area Sketch and Legal Description 388 of 2180 EXHIBIT "B" SEWER EASEMENT 3900 ALTON 3900 ALTON RD. MIAMI BEACH, FL 33140 HIS IS NOT A EgINOMY 9URVE1 tG CESCp RPTN PRGNOEO MSkD CN NECOROeO cglanUYS AND R000 µipl RD LEGµ OE9CNPTtON 10 R 9, 3p]t. PG. MLtI SEARNG AND MSTMOESµMe WELL ESTA SNEO AND RECORDED LINE EASEMENT uLCUuiED GEOMETRY USE -HE MSJS OF 9EMIN3 AS PER PLAT BEARINGS SHOIIN HEREON ARE IWED ON THE CENTERLNE Of µTON 90Ap;STATE ROAD No. Man RM W Me IITIIIO-2 2SHEET 18O 191 SOIIiX 9p111O µ909NEEi t OF IRB. B1 OIL A]I NIAMIOACE COLmTY RIIILK RED II(NDY1 ii F(RECORD; 'NE INTENT OF THIS EASEMENT IS TO ENCOWA%THE RECENTLI NSTKLED r IUNIP) SEV.ET B CE W O RELAYED PACIU. A5 SHO`R N ON THE SEMEA . SUCT PREPARE. B DCCMP0 "'I NO SERVICES LLC NIN VERT /M CLEMCE OF THIS ENEMENT IS 11 MO-FM5NE0 GROUND LEVEL IS EASEMENT STRIP FORMS A 1LO5EC GECMETRIC FIGURE LOCATION MAP NOT O uMF 02/6-7335—PA28, L - a � rS l %NMUP �...\W ROiNj, '. � A � 4 >I ��IH ST LE END: 2 P.O.Ba2NRoDs Pomtor COmHKY 3. P.D.CB Oes Point of CPmo"non t 3. RTW 0•Nles V& of rlYmrMtlon C. PPWWnMes IHO P!w•Y 5. C/L P"PCOHe / UYM 6. C!L M&H.,H 1. Hie MIL HonumeDte oNOOMS Pot Book 9. PD. OIOa PIRp aH lo. PIX OR Lea POIHt Cune I}. PCT' aetwees Punt or Gncave Curv•Na 12. Rai,. sCurve RARIALS fCa 1J. L aln4lel Ae HE f. 10. A TIRIHOOIRD-WASa dery OENM I5. REC o"Ho "ft"' Mbmr-OaOe (-Canty WaRF aM SawY O yartnrenl 17, R[C C ORH LH, NNJ is H.D.C.R.O?, LINE WMmr-Oatle County Recwtls 1B 5/L SKRONlIHE Alfredo SUM&IT 5CERr1GATE: Diaz L HEREBY CERTIFY LML Me Lff.At AND S ETCH of the PrWrty dESOOdd h•rKN Wa m ,,,HORN, THY sup•rvlsan aM Mat vNe LEG.µ AND SNE7CH meeeP 1Re SbMSNs aPYM set Mrth D, the FIOHM, 9oaM or PrOhlyanal NAM Surveyors aM ff.%P rs in ChAODer S}-17. FTPrO• ABmYrMreBve COAe 0,.t M SacnRr 472.027, Florio SONIes. TiLvt" SRetdl neYnvl IS bve aW DDI M BIe best of my krowA dgR aM bNW.. S.00NI M HOW- aM Hntatlons shOWn ft.. M. SRR" A rot nP.t a uM S,rveY IF ()IOIOIIY MOTM4: 1:- • ......... -�•'' In AIlTeaOOU�Ey! NO IR:}OMD1.bR: 1S:45:13-05'06p;. stR as .'..... .e..OR 1.. �� BY ALFREDO D4L LS bMPJ Alo,"FRI.H.1 51,1Y., •nB Af"F•, 5 FA TE OF FLORIDA BFP 111r1rml 1111101M All I CITY OF MIAMI BEACH WATER AND SEWER LB Baal DEPARTMENT IIaI A.E XR/H SfLT[! N.NFrea Fb,al, Tw» SEWER EASEMENT LOCATION MAP 8 SURVEYOR'S NOTES 389 of 2190 SEWER EASEMENT 3900ALTON 6 3900 ALTON RD. MIAMI BEACH, FL 33140 X/l! 1' • W F8 4�(PR � Issowx-r sIB'!/'M-E O 121 12 f6 577V 1'E {l BSL sus",:, 36.53 11 NIB°1/'N'w ` ' � �1� b 913, 15.33 (Qaq� 22'' N[9•9/'19•W j... L 0(gI ^asorvo lB sl A � o Yy NB°ll'tl•t gym ■I a`�,o- �W.� WE1l. k lZ O ly, s/R,, •� ti/L. Y � d E � neecs�, Ms ..uryy• '1'� sK a.�). ro''p a �' ° •� AlTced0 ° e om mnoi ,6 + Diaz' °A1 BBrurB sBBEsrrra BnrmE9 us CITY OF MIAMI BEACH WATER AND SEWER I means. Bo }eBs/r DEPARTMENT t 6vvna AO /}67Nt mm.sneer SEWER EASEMENT Emw. mnnaaNnwr;gyprv,.mn LOCATION MAP 6 SURVEYOR'S NOTES 390 of 2180 SEWER EASEMENT 3900 ALTON 3900 ALTON RD. MIAMI BEACH, FL 33140 LEGAL DESCRIPTION: A STRIP OF LAND LAYING ON A PORTION OF LOT 5A, BLOCK 1 OF NAUTILUS SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED N PLAT BOON 8 AT PAGE %, OF THE PUBLIC RECORDS OF MIAM D E COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT SK OF BLOCK 1 OF NAUTILUS SUBDIVISION; THENCE NORTH 09'1122' EAST ALONG THE EASTERLY LINE OF SAID LOT 54. ALSO BEING THE WESTERLY RIGH -OF-WAY LINE OF AL TON ROAD (STATE ROAD 901) AS SI10WN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-0 -WAY MAP SECTION 8709O2402 DATED 12-2009, SHEET 18 OF 18, FOR 108.49 FEET TO THE POINT OF BEGINNNG OF THE FOLLOWING DESCRIBED CITY OF MIAMI BEACH SEWER EASEMENT. THENCE RUN NORTH 88'S1'14' WEST FOR M 0 FEET TO A POINT'. TFIENCE RUN NORTH 7T'4823' WEST FOR A DISTANCE OF 91.31 FEET TO A POINT; THENCE RUN NORTH 06'13'53- EAST FOR BOB FEET TO A POINT'. THENCE RUN NORTH 15'14.48- WEST FOR A DISTANCE OF 18.79 FEET TO A POINT: THENCE RUN SOUTH 80'48'38' EAST FOR 11T FEET TO A POINT. THENCE RUN SOUTH 18.144W EAST FOR 12.56 FEET TO A PONT: THENCE SOUTH 77'48.21• EAST FOR 85.33 FEET TO A PONT, THENCE RUN SOUTH 88-51'14'EAST FOR%ST FEET TO A POINT. THENCE RUN SOUTH 09' 11 Z WEST FOR 15.33 FEET TO A POINT OF BEGINNING OF CITY OF THE MIAMI BEACH SEWER EASEMENT OF ALL OF THE ABOVE LAYING AND BEING IN SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST IN MIAMI DARE COUNTY, FLORIDA. CONTAINING 2,W3,911 SOUARE FEET OR 0.0U78 ACRES. APPROXIMATELY :RY• Alfredo Diaz.'. 01,16 Isw:u mno [v AIFRFOO Duz, u swi A.o7esvo�a s�rvsro..na AMPAR� 57A rF OF FLOR/OA I," SIMMw sirWrws Ica CITY OF MIAMI BEACH WATER AND SEWER ,. is RN ORAML'OATF.' o)-u.h17 e.s�RF JaA� DEPARTMENT .T.•srA>, rxvl.7w» SEVER EASEMENT arwNmmeny0p^+.✓eF+n LOCATION MAP A SLIRVEYOR'S NOTFS 391 of 2180