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Resolution 2020-31300 • RESOLUTION NO. 2020-31300 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT FROM MONAD TERRACE PROPERTY OWNER LLC; SAID EASEMENT INCLUDING ACCESS AND USE OF APPROXIMATELY 250 SQUARE FEET, LYING ON A PORTION OF LOT 1, BLOCK 80, OF SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY, PLAT BOOK 6, AT PAGE 12, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, ON PROPERTY HAVING A STREET ADDRESS OF 1300 MONAD TERRACE, FOR THE OPERATION OF TWO (2) WATER METERS IN CONNECTION WITH THE DEVELOPMENT OF A 15 STORY RESIDENTIAL CONDOMINIUM ON THE PROPERTY. WHEREAS, Monad Terrace Property Owner LLC, a Delaware limited liability company (the "Owner") is the owner of the property located at 1300 Monad Terrace (the "Property"); and WHEREAS, Owner obtained approval from the City's Design Review Board, under DRB File No. 23249 and File No. DRB16-0103 a/k/a DRB0416-0015 for the construction of a 15 story residential condominium on the Property(the "Development"); and WHEREAS, during the design and permitting process of the Development, the design engineers determined that the two inch irrigation line and the four inch domestic service line conflicted with existing utilities, the City's required sidewalk widths, and the location of the driveway; thereby, eliminating any potential available space for the required water meters on the public right-of-way; and WHEREAS, in order to address this development issue, Owner has agreed to convey to the City a perpetual, non-exclusive utility easement for the City to access, construct, install, operate, maintain, repair, replace and upgrade two (2) water meters and related meter boxes relating to a two inch irrigation line and a four inch domestic service line (collectively, the "Water Meters") on the Property; and WHEREAS, the Easement Area for the operation of the Water Meters will have approximately 250 square feet and will be located on a portion of Lot 1, Block 80, of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY, Plat Book 6, at Page 12, of the Public Records of Miami-Dade County, Florida; and WHEREAS, the City Manager recommends the approval of the Utility Easement Agreement for the operation of the Water Meters on the Property, incorporated herein by reference and attached hereto as Exhibit"1". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager to accept a perpetual, non-exclusive utility easement from Monad Terrace Property Owner, LLC; said easement including access and use of approximately 250 square feet, lying on a portion of Lot 1, Block 80, of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY, Plat Book 6, at Page 12, of the Public Records of Miami-Dade County, Florida, on Property having a street address of 1300 Monad Terrace, for the operation of two (2) water meters in connection with the development of a 15 story residential condominium on the Property. PASSED AND ADOPTED this 021/ day of 1-A me , 2020. Dan Gelber, Mayor ATTEST: Raf el E. ranado, ' y Clerk IHCORPIORATED! % .• .�r4.=) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION s,ze f zo City Attorney,_, Dote Resolutions -C7 N MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: June 24,2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER TO ACCEPT A PERPETUAL, NON-EXCLUSIVE UTILITY EASEMENT FROM MONAD TERRACE PROPERTY OWNER LLC; SAID EASEMENT INCLUDING ACCESS AND USE OF APPROXIMATELY 250 SQUARE FEET, LYING ON A PORTION OF LOT 1, BLOCK 80, OF SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY, PLAT BOOK 6, AT PAGE 12, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, ON PROPERTY HAVING A STREET ADDRESS OF 1300 MONAD TERRACE, FOR THE OPERATION OF TWO (2) WATER METERS IN CONNECTION WITH THE DEVELOPMENT OF A 15 STORY RESIDENTIAL CONDOMINIUM ON THE PROPERTY. RECOMMENDATION The City Manager recommends approving the acceptance of the Utility Easement Agreement, in order to provide the City with legal access and use of these necessary utility facilities on the Property. BACKGROUND/HISTORY On May 3, 2016, Monad Terrace Property Owner LLC, as property owner ("Owner') of the property located at 1300 Monad Terrace ("Property'), obtained the Design Review Board (DRB) approval for the construction of a new fifteen-story residential condominium building to replace all structures on site. Subsequently on March 7, 2017, the Owner obtained DRB approval of minor modifications to the previously approved design. ANALYSIS During the design and permitting process, the design engineers determined the 2-inch irrigation line and 4-inch domestic service line design and water meter placement conflicted with existing utilities, the City of Miami Beach's required sidewalk widths, and the location of the driveway. These factors eliminated any potential available space for the meters to be installed within the public right-of-way. As a result, the water meters and accompanying meter boxes were designed, permitted, and have been installed on the private property. Pursuant to the requirements of the Public Works department, the Owner is offering to convey Page 425 of 2046 to the City utility an easement on the Property for the City to access, construct, install, operate, maintain, replace and upgrade two (2)required water meters and related meter boxes relating to a two inch irrigation line and a four inch domestic service line (collectively, the "Water Meters"). The Easement Area for the operation of the Water Meters will have approximately 250 square feet and will be located on a portion of Lot 1, Block 80, of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY, Plat Book 6, at Page 12, of the Public Records of Miami-Dade County, Florida, as more particularly described in the attached Water Easement Sketch and Legal Description. Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City show that 47% of residents rated City efforts to plan for growth as very satisfied/satisfied. In order to continue maintaining excellent standards in this area, the City intends to accept a utility easement from Monad Terrace Property Owner LLC, for access and use of the water meters located on the property. CONCLUSION The City Manager recommends approving the acceptance of the Utility Easement Agreement, in order to provide the City with legal access and use of these necessary utility facilities on the Property. Applicable Area South Beach Is this a"Residents Right Does this item utilize 0.0. to Know" item,pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Public Works ATTACHMENTS: Description o MB Opinion of Title o Exhibit 1 to Resolution- Utility Easement Agreement.1300 Monad Terrace o 1300 Mondad Sketch and Legal Description o 1300 Monad Terrace Form Approved Reso Page 426 of 2046 OPINION OF TITLE. To: City of Miami Beach With the understanding that this Opinion of Title is furnished to the City of Miami Beach, as inducement for acceptance of a Water Meter Easement ("Easement"), encumbering the real property described in Exhibit A (the "Property"), I certify, that I have examined Old Republic National Title Insurance Company Tide Search Report No. 19021451 covering the period from the beginning to March 4, 2019 at 8:00 AM and Old Republic National Tide Insurance Company Title Search Report Update No. 19021451 covering the period from March 4, 2019 to March 28,2019 at 11:00 PM and Old Republic National Tide Insurance Company Tide Search Report Update 2 No. 19021451, covering the period from March 28, 2019 to April 13, 2020 at 11:00 PM,(collectively,the "Title Evidence")inclusive,of the Property. I am of the opinion, based solely on the Title Evidence, that on the last mentioned date, the fee simple title to the Property was vested in: Monad Terrace Property Owner LLC,a Delaware limited liability company(the"Company") Based solely on the Corporate Resolution of Authorization dated March 28, 2019, Michael Stern, as Authorized Signatory of Monad Terrace Mezz LLC, a Delaware limited liability company, the sole member of the Company,is authorized to sign documents on behalf of the Company. Subject to the following encumbrances,(If"none"please indicate): 1. RECORDED MORTGAGES: 1. Mortgage,Assignment of Leases and Rents,Security Agreement and Fixture Filing recorded in Official Records Book 29661,Page 610. 2. Amended and Restated Mortgage,Mortgage Spreader,Assignment of Leases and Rents,Security Agreement and Fixture Filing recorded in Official Records Book 30016,Page 2400. 3. Amended and Restated Assignment of Leases and Rents recorded in Official Records Book 30016,Page 2424. 4. Collateral Assignment of Office Lease recorded in Official Records Book 30016, Page 3876. 5. Assignment of Mortgage recorded in Official Records Book 30718,Page 4959. 6. Amended and Restated Construction Loan Mortgage, Security Agreement,Assignment of Rents and Fixture Filing,Notice of Future Advance and Extension Agreement MIAMI 6862860.3 81656/46219 Page 427 of 2046 recorded in Official Records Book 30718,Page 4963. 7. Assignment of Mortgage recorded in Official Records Book 30947, Page 2343. 8. Amended and Restated Construction Loan Mortgage, Security Agreement,Assignment of Rents and Fixture Filing, Notice of Future Advance and Extension Agreement recorded in Official Records Book 30947, Page 2349. 9. Mortgage Correction Agreement recorded in Official Records Book 31237,Page 2825. 10. Assignment of Mortgage recorded in Official Records Book 31237, Page 2833. 11. Correction of Assignment of Mortgage recorded in Official Records Book 31268,Page 1487. 12. Assignment of Leases and Rents recorded in Official Records Book 30947,Page 2406. 13. Assignment of Assignment of Leases and Rents recorded in Official Records Book 31237,Page 2840. 2. SPECIAL EXCEPTIONS: See Exhibit"B" Therefore, it is my opinion that the following parties must join in the Easement in order to make it valid and binding on the Property. Name Interest Monad Terrace Property Owner LLC, a Delaware limited liability company Fee Simple Owner 1300 Monad Terrace LLC,a Delaware limited Lender liability company, as Administrative Agent for the various lenders I certify that the legal description contained in this Opinion of Title coincides with, and is the same as,the legal description in the Easement. MIAMI 6862860.3 81656/46219 Page 428 of 2046 I, the undersigned, further certify that I am an attorney-at-law duly admitted to practice in the State of Florida and a member in good standing of The Florida Bar. Respectfully submitted this_ day of May,2020. ISAAD:Eu CLirCA__CLICP Sara B.Herald, Esq. Bilzin Sumberg Baena Price&Axelrod LLP 1450 Brickell Avenue,Suite 2300 Miami,Florida 33131 Telephone: (305)350-7221 Florida Bar No. 288632 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknow ged before me by means of ( ) physical presence or( •)online notarization, this fay of May, 2020,by Sara B. Herald, who 00i personally known to me or()has produced ,as identification. Notary Public,State of Florida My Commission Expires: 40).s MARIE CHAVARRI Commbslon$GG 314181 I. Expires Apr822.2023 110,FOP BondFd Tree Mad Nary Swim MIAMI 6862860.3 81656/46219 Page 429 of 2046 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: The East 79.00 feet of Lot 2,of SUBDIVISION OF BLOCK 80 OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Nat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida. TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,Block 80,of SUBDIVISION OF BLOCK 80 OF THE ALTON BEACH REALTY COMPANY,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida,LESS the East 399.00 feet thereof. Parcel 2: The East 65 feet of the South 70 feet of Lot 1,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof, as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida. Parcel 3: The West 64.00 feet of the East 143.00 feet of Lot 2,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida. TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida. Parcel 4: The West 50.00 feet of the East 115.00 feet of the South 70.00 feet of Lot 1,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof~as recorded in Plat Book 6,Page 12,of the Public Records of Miami- Dade County,Florida. Parcel 5: The West 64.00 feet of the East 207.00 feet of Lot 2,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida. TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida. Parcel 6: The West 50 feet of the East 165 feet of the South 70 feet of Lot 1,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION, according to the Plat thereof;as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County, Florida. Parcel 7: The West 64.00 feet of the East 271.00 feet of Lot 2,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami Dade County,Florida. MIAMI 6862860.3 81656/46219 Page 430 of 2046 TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida. Parcel 8: The West 50 feet of the East 265 feet of the South 70 feet of Lot 1,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION, according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County, Florida. Parcel 9: The West 50.00 feet of the East 315.00 feet of the South 70.00 feet of Lot 1,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami- Dade County,Florida. Parcel 10: The West 64.00 feet of the East 335.00 feet of Lot 2,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida. TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida. Parcel 11: The West 50 feet of the East 365 feet of the South 70.00 feet of Lot 1,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION, according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County, Florida. Parcel 12: The West 64.00 feet of the East 399.00 feet of Lot 2,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida. TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami Dade County,Florida. Parcel 13: The West 135.04 feet of the South 70.00 feet of Lot 1,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida;ALSO KNOWN AS the South 70.00 feet of Lot 1,LESS the East 356.00 feet thereof,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami- Dade County,Florida. MIAMI 6862860.3 81656/46219 Page 431 of 2046 Parcel 14: The West 50 feet of the East 215.00 feet of the South 70 feet of Lot 1,of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY A PART OF ALTON BEACH BAY FRONT SUBDMSION, according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County, Florida. MIAMI 6862860.3 81656/46219 Page 432 of 2046 EXHIBIT "B" SPECIAL EXCEPTIONS 1. Rights of tenants and/or parties in possession,and any parties claiming,by through or under said tenants or parties in possession,as to any unrecorded leases or rental agreements. 2. Easements and Restrictions as shown on the Plat of SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY,A PART OF ALTON BEACH BAY FRONT SUBDIVISION, according to the Plat thereof;as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County,Florida. 3. Agreements recorded in Deed Book 3825,Page 102 and Deed Book 4162,Page 496,as affected by Termination and Merger of Easements,Reservations and Covenants recorded in Official Records Book 30719,Page 37. 4. Easement to Florida Power and Light Company recorded in Deed Book 4064,Page 198. 5. Declaration of Restrictive Covenants recorded in Official Records Book 25329,Page 3505,as affected by Assignment of Declarant's Rights recorded in Official Records Book 25877,Page 3146,and Memorandum of Settlement Agreement recorded in Official Records Book 30718,Page 4908. 6. Memorandum of Lease recorded in Official Records Book 30016,Page 3871. 7. Order by the City of Miami Beach Design Review Board recorded in Official Records Book 30069,Page 841,and Official Records Book 30461,278. 8. Declaration of Restrictive Covenants In Lieu of Unity of Title recorded in Official Records Book 30072, Page 882,and re-recorded in Official Records Book 30445,Page 4242. 9. Tandem Parking Declaration of Restrictive Covenants recorded in Official Records Book 30718,Page 4916. 10. Declaration of Restrictions and West Avenue Connector Easement Agreement recorded in Official Records Book 30718,Page 4923. 11. Declaration of Restrictions and Baywalk Easement Agreement recorded in Official Records Book 30718, Page 4941. 12. Any portion of the property herein described which is artificially filled land,in what was formerly navigable waters,is subject to any and all rights of the United States Government,arising by reasons of the United States Government control over navigable waters in the interest of navigation and commerce. 14. Riparian and littoral rights are not insured. 15. Assignment of Leases and Rents recorded in Official Records Book 30947,Page 2406. 16. Assignment of Assignment of Leases and Rents recorded in Official Records Book 31237,Page 2840. 17. UCC Financing Statement recorded in Official Records Book 30947,Page 2419,as assigned in Official Records Book 31237,Page 2847. 18. Notice of Commencement recorded in Official Records Book 30947,Page 2425. 19. Unity of Title recorded June 4,2019 in Official Records Book 31468,Page 4340. MIAMI 6862860.3 81656/46219 Page 433 of 2046 Opinion of Title 20. Notice of Intent to File a Lien recorded October 23,2019 in Official Records Book 31658,Page 832, NOTE:A11 recording references are to the Public Records of Miami-Dade County, Florida. • MIAMI 6862860.3 81656/46219 Page 434 of 2046 This instrument prepared by: Name: Raul J. Aguila, City Attorney Address: Office of the City Attorney 1700 Convention Center Drive Miami Beach, FL 33139 (Space reserved for Clerk) UTILITY EASEMENT AGREEMENT THIS GRANT OF A UTILITY EASEMENT AGREEMENT (the "Agreement") is made this day of , 2020 ("Effective Date"), between MONAD TERRACE PROPERTY 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 "City"), as grantee, and its successors and assigns (hereinafter called "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of that certain improved real property located within the City's municipal jurisdiction, with a street address of 1300 Monad Terrace, and more particularly described in EXHIBIT"A", attached hereto and made a part hereof(the"Grantor's Property'). WHEREAS, Grantor obtained approval from the City's Design Review Board ("ORB") (under DRB File No. 23249 and File No. DRB16-0103 a/k/a DRB0416-0015) for the construction of a 15-story residential condominium on the Grantor's Property(the "Development"); 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 following two (2)water meters and related meter boxes (collectively, the"Water Meters")for: (1)a 2 inch irrigation line and (2) a 4 inch domestic service line; 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. 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: EXHIBIT (( )) • - . II, . 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 the City's ORB approvals related to Grantor's Development, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, a perpetual, 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 Water Meters, together with the non-exclusive 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 Water Meters, and performing work in connection with the construction, installation, operation, maintenance, repair, replacement and upgrade the Water Meters for: (1)a 2 inch irrigation line and(2)a 4 inch domestic service line. Grantee may utilize the Easement Area during the Term without Grantor's prior written approval at any time or times. 3.2 The Grantor shall have the right to full use and enjoyment of Grantor's Property, except for such use as may unreasonably interfere with the exercise by the Grantee of the rights granted under this Agreement. 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, on or over the Easement Area. 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. This Agreement shall remain in full force and effect and shall be binding upon the Grantor, its successors in interest and assigns, for a period of thirty (30) years, and for successive ten (10) year periods thereafter, from the date of this Agreement is recorded in the Public Records of Miami-Dade County, Florida ("Term"). This time period will be automatically renewed unless released upon a petition for removal, modification or amendment of condition is approved by an act of the City Commission. 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. 6. Maintenance. At all times during the Term, the Water Meters shall remain property of the Grantee and Grantee, at its sole cost and expense, shall maintain the Water Meters and MIAMI 6914663.1 81656/46219 2 Page 436 of 2046 • shall make all repairs as deemed necessary by Grantee, in its reasonable discretion; provided, however, that Grantor shall be responsible for reimbursing Grantee for any damage caused by Grantor, its officers, employees, contractors, agents and invitees. The maintenance, repair and replacement of any other portions of the Easement Area including,without limitation, the repair and replacement of any other attachments, including the irrigation and water service lines shall remain Grantor's responsibility. 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: JDS Development Group Attn: Michael Stem 104 5th Avenue, 9th Floor New York, NY 10011 AS TO GRANTEE: City of Miami Beach Attn: City Manager 1700 Convention Center Drive, 4'h Floor Miami Beach, FL 33139 WITH COPIES TO: City of Miami Beach Attn: City Attorney 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal delivery; (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. 8. Miscellaneous Terms and Conditions 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 City's Governmental Capacity/No Waiver of City Police Powers. Grantor confirms that it has full power and authority to grant this Easement. Nothing in this Agreement or in the parties' acts or omissions in connection herewith shall be deemed in any manner to waive, impair, limit, or otherwise affect the authority of the Grantee in the discharge of its police or governmental powers. MIAMI 6914663.1 81656/46219 3 Page 437 of 2046 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, 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 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. 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] MIAMI 6914663.1 81656/46219 4 Page 438 of 2046 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: MONAD TERRACE PROPERTY OWNER LLC, a Delaware limited Signature liability company By: Print Name Name: Michael Stern Title: Authorized Signatory Signature Print Name 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 , 2020, by Michael Stern, as Authorized Signatory of Monad Terrace Property Owner LLC, 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 SEAL] MIAMI 691466 3.1 81656146219 5 Page 439 of 2046 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 MIAMI BEACH, FLORIDA, a Signature municipal corporation of the State of Florida Print Name By: Name: Title: Signature Print Name 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 , 2020, by as of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of said municipal corporation, who is personally known to me or produced as identification. Print Name: Notary Public, State of Florida My Commission Expires: [NOTARIAL SEAL] APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Date MIAMI 6914663.1 81656/46219 6 Page 440 of 2046 Mortgagee Joinder and Consent to Utility Easement Agreement 1300 MONAD TERRACE LLC,as Administrative Agent for various lenders, a Delaware limited liability company ("Mortgagee"), pursuant to that certain Amended and Restated Construction Loan Mortgage, Security Agreement, Assignment of Rents and Fixture Filing, Notice of Future Advance and Extension Agreement by and among MONAD TERRACE PROPERTY OWNER LLC, a Delaware limited liability company("Mortgagor"), and Mortgagee, recorded on April 19, 2018, in Official Records Book 30947, at Page 2349, as corrected by Mortgage Correction Agreement recorded in Official Records Book 31237, Page 2825, as assigned by Assignment of Mortgage recorded in Official Records Book 31237, Page 2833, and as further corrected by Correction of Assignment of Mortgage recorded in Official Records Book 31268, Page 1487 in the Public Records of Miami-Dade County, Florida (the "Mortgage"), hereby joins in and consents to the granting of this Utility Easement Agreement (the"Agreement") in favor of the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, all in accordance with the terms and conditions set forth in this Agreement. Mortgagee agrees that in the event Mortgagee or any other party shall obtain title to the Grantor's Property through foreclosure or deed-in-lieu of foreclosure, the Agreement shall be binding upon the entity obtaining title as the then owner of Grantor's Property. Witnesses 1300 MONAD TERRACE LLC, as Administrative Agent for various lenders, a Delaware limited liability company By: By: Print Name: Print 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, 2020 by as on behalf of 1300 MONAD TERRACE LLC, as Administrative Agent for various lenders, a Delaware limited liability company, on behalf of said company. He or she is ( ) personally known to me or, ( ) produced a driver's license as identification. Notary Public—State of Print Name; My Commission Expires: MIAMI 6914663.1 81656/46219 7 Page 441 of 2046 Exhibit "A" Grantor's Property PARCEL I: (1300) The East 79.00 feet of Lot 2, of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision, according to the Plat thereof, as recorded in Plat Book 6, Page 12,of the Public Records of Miami-Dade County, Florida. TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the Plat thereof, as recorded in Plat Book 6, Page 12, of the Public Records of Miami-Dade County, Florida, LESS the East 399.00 feet thereof. PARCEL 2: (1305) The East 65 feet of the South 70 feet of Lot 1, of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the map or plat thereof, as recorded in Plat Book 6, Page(s) 12,of the Public Records of Miami-Dade County, Florida. PARCEL 3: (1 310) The West 64.00 feet of the East 143.00 feet of Lot 2, of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the Plat thereof, as recorded in Plat Book 6, Page 12, of the Public Records of Miami-Dade County, Florida. TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the Plat thereof, as recorded in Plat Book 6, Page 12, of the Public Records of Miami-Dade County, Florida, LESS the East 399.00 feet thereof. PARCEL 4: (1315) The West 50.00 feet of the East 115.00 feet of the South 70.00 feet of Lot.1,of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision, according to the Plat thereof, as recorded in Plat Book 6, Page 12, of the Public Records of Miami- Dade County, Florida. MIAMI 6914663.1 81656/46219 8 Page 442 of 2046 PARCEL 5: (1320) The West 64.00 feet of the East 207.00 feet of Lot 2, of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision, according to the Plat thereof, as recorded in Plat Book 6, Page 12,of the Public Records of Miami-Dade County, Florida. TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the Plat thereof, as recorded in Plat Book 6, Page 12, of the Public Records of Miami-Dade County, Florida, LESS the East 399.00 feet thereof. PARCEL 6: (1325) The West 50 feet of the East 165 feet of the South 70 feet of Lot 1, of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision, according to the Nat thereof, as recorded in Plat Book 6 at Page 12, lying and being in Miami-Dade County, Florida. PARCEL 7: (1340) The West 64.00 feet of the East 271.00 feet of Lot 2,of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the Plat thereof, as recorded in Plat Book 6,Page 12, of the Public Records of Miami-Dade County,Florida. TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the Plat thereof, as recorded in Plat Book 6, Page 12,of the Public Records of Miami-Dade County, Florida, LESS the East 399.00 feet thereof. • PARCEL 8: (1345) The West 50 feet of the East 265 Feet of the South 70 feet of Lot 1, of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision, according to the Plat thereof,as recorded in Plat Book 6,Page 12,of the Public Records of Miami-Dade County, Florida. PARCEL 9: (1355) The West 50.00 feet of the East 315.00 feet of the South 70.00 feet of Lot 1,of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision, MIAMI 6914663.1 81656/46219 • 9 Page 443 of 2046 according to the Plat thereof, as recorded in Plat Book 6, Page 12, of the Public Records of Miami- Dade County, Florida. PARCEL 10: (1360) The West 64.00 feet of the East 335.00 feet of Lot 2, of Subdivision of Block Eighty of The AIton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the Plat thereof, as recorded in Plat Book 6, Page 12, of the Public Records of Miami-Dade County, Florida. TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the Plat thereof, as recorded in Plat Book 6, Page 12, of the Public Records of Miami-Dade County, Florida, LESS the East 399.00 feet thereof. PARCEL 11: (1365) The West 50 feet of the East 365 feet of South 70 feet of Lot I, of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision, according to the Plat thereof, as recorded in Plat Book 6, at Page 12,of the Public Records of Miami-Dade County, Florida. PARCEL 12: (1370) The West 64.00 feet of the East 399.00 feet of Lot 2, of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the Plat thereof; as recorded in Plat Book 6, Page 12, of the Public Records of Miami-Dade County, Florida. TOGETHER WITH: An undivided one-sixth(1/6th)interest in and to Lot 2,of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the Plat thereof, as recorded in Plat Book 6, Page 12, of the Public Records of Miami-Dade County, Florida, LESS the East 399.00 feet thereof. PARCEL 13: (1375) The West 135.04 feet of the South 70.00 feet of Lot 1,of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision,according to the Plat thereof, as recorded in Plat Book 6, Page 12, of the Public Records of Miami-Dade County, Florida; ALSO KNOWN As the South 70.00 feet of Lot 1, LESS the East 365.00 feet thereof, of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision, MIAMI 6914663.1 81656/46219 10 Page 444 of 2046 according to the Plat thereof,as recorded in Nat Book 6,Page 12,of the Public Records of Miami- Dade County, Florida. PARCEL 14: (1335) The West 50 feet of the East 215 Feet of the South 70 feet of Lot 1, of Subdivision of Block Eighty of The Alton Beach Realty Company A Part of Alton Beach Bay Front Subdivision, according to the Plat thereof, as recorded in Plat Book 6, Page 12,of the Public Records of Miami-Dade County, Florida. MIAMI 6914663.1 81656/46219 11 Page 445 of 2046 Exhibit"B" Easement Area MIAMI 6914663i 81656/46219 12 Page 446 of 2046 0 SKETCH TO ACCOMPANY LEGAL DESCRIPTION o 1 2 3 MONAD TERRACE/WATER EASEMENT SCALE 1" = 3' w z,,,- LOT 2 r ww w w BLOCK 80 1—_...u, IT?, o. N "SUBDIVISION BEACH REAL TY COMPANY'(B.6,PG.12)OF THE AL 2 >a_ozo 1Luz 54 I 0 0 thww en; Ln N 89°58'31" E 15.00' W , (----- ----'64 D z W , 8 ?e, csi .:V `O 10 1><1 ci In W .J >.< .....____N__._ 35' = ce 0 2 w z 0 a o $ o Co Q z n C„ v+ W W ' h N ---\ t'a --.10,- O S 89°58'31"W 15.00' J n W J LL U O SOUTH PROPERTY LINE& z i- SOUTH LINE OF LOT 2 z ' LOT 3 = h BLOCK80 "SUBDIVISION OF BLOCK EIGHTY OF THE AL TON w, LEGEND: BEACH REAL TY COMPANY"(P.B. 6, PG. 12) U- R!W=RIGHT OF WAY o P.B. EBOOK 2=PG =WATER METER U U- O =WATER VALVE THIS IS NOTA SURVEY 1- NOTICE: NOTICE:This document is not valid,full and complete without all pages. ? L®NGITUDE SURVEYORS 7769 NW 48TH STREET. SUITE 375, DORAL, FLORIDA 33166 • 102 : )��i3� 62 * FAX • WWW.LONGITUDESURVEYORS.COM JOe No.14619.3.36 PAGE 1 OF 3 SKETCH TO ACCOMPANY LEGAL DESCRIPTION MONAD TERRACE/WATER EASEMENT LEGAL DESCRIPTION: The East 15.00 feet,of the South 10.00 feet, of Lot 2, of Block 80,of"SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY", according to the plat thereof,as recorded in Plat Book 6,at Page 12 of the Public Records of Miami-Dade County,Florida. Containing 150 square feet, more or less,by calculations. U Q LL N N7 w J rzrz cc w 0 z n O w J Q w N r7 z Q 0 w z 0 1 0 _ 6 w J 11- U U Z O M w w X w X N I- '6 -. w O OC O . w oc J Q U E O w S THIS IS NOT A SURVEY NOTICE:This document is not valid,full and complete without all pages_ LONGITUDE SURVEYORS 7769 NW 68TH STREET, SUITE 375, DORAL, FLORIDA 33166 * I ) ig62 ' FAX:(305)513-5680 ' WWW.LONGITUDESURVEYORS.COM .101 No.14619.3.36 PAGE 2 OF 3 SKETCH TO ACCOMPANY LEGAL DESCRIPTION MONAD TERRACE/WATER EASEMENT e 7.--t OF \ Q� E14THT 1><- CO I = i _ 4TH ST } . 1 >1 i _ a. - zm sUBJ -CT o_ Z SIT ► F - -u'w U } J Q 1 13TH ST 12 >E0 U) Z - Et) N - 0 W Q - - 12TH ST a Li _ a csi 0 LOCATION MAP THIS DOCUMENT IS CERTIFIED TO THE CITY OF MIAMI BEACH (NOT TO SCALE) ., w J PERTINENT INFORMATION USED FOR THE PREPARATION OF THIS DOCUMENT: rr Ci The Legal Description of the Subject Parcel was generated from the following documents: z 0 1.Boundary Survey performed by Longitude Surveyors,LLC,with the latest revision date of August 15,2016,Job no. 14619. 2.As-Built Survey CAD file,perpared by Longitude Surveyors,LLC. y 3.Plat of"SUBDIVISION OF BLOCK EIGHTY OF THE ALTON BEACH REALTY COMPANY',recorded in Plat Book 6,Page 12,Miami-Dade County Public z Records. 0 W Bearings shown hereon are based upon the West Right of Way Line of West Avenue,with an assumed bearing of S 00°01'29"E,said line to be z considered a well established and monumented line. v, EASEMENTS AND ENCUMBRANCES: J No information was provided as to the existence of any easements other that what appears on the underlying Plats and Deeds of record.Please 0 refer to the Limitations item with respect to possible restrictions of record and utility services. a w J LL RESTRICTIONS: U Since no other information was furnished other than what is cited above,the Client is hereby advised that there may be legal restrictions on the 0 subject property that are not shown on this Sketch or contained within this report that may be found in the Public Records of Miami-Dade County, _ Florida or any other public and private entities as their jurisdictions may appear.This document does not represent a field boundary survey of the U described property,or any part or parcel thereof. d w x LONGITUDE SURVEYORS LLC.,a Florida Limited Liability Company Florida Certificate of Authorization Number LB7335 w x THIS DOCUMENT HAS BEEN DIGITALLY SIGNED AND SEALED BY: v, x Eduardo M. Suarez Digitally signed by Eduardo M.Suarez O Date 2020.06.0510:36:49-04'00' p O Eduardo M.Suarez PSM w Registered Surveyor and Mapper LS6313 °` MIS IS NOT A SURVEY State of Florida U PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED.THE SIGNATURE MUST BE VERIFIED ON THE ELECTRONIC O DOCUMENTS.THE ABOVE NAMED PROFESSIONAL SURVEYOR&MAPPER SHALL BE RESPONSIBLE FOR THE FOLLOWING SHEETS IN ACCORDANCE WITH = RULE SJ-17.062,F.A.C. NOTICE:This document is not valid,full and complete without all pages. LONGITUDE SURVEYORS 7769 NW 68TH STREET, SUITE 375, DORAL, FLORIDA 33166 ' 10: )&iSN ` FAX:(305)513-5680 ' WWW.LONGITUDESURVEYORS.COM JOB No.14619.3.36 PAGE 3 OF 3