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Resolution 2021-31783 RESOLUTION NO. 2021-31783 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE FOLLOWING INSTRUMENTS IN CONNECTION WITH THE MIAMI BEACH ALTON- VENETIAN UNDERGROUND TRANSMISSION LINE PROJECT: (1) TWO (2) PERPETUAL, NON-EXCLUSIVE EASEMENTS IN FAVOR OF FLORIDA POWER & LIGHT COMPANY (FPL) IN CONNECTION WITH THE INSTALLATION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES: (I) A TEN (10) FOOT WIDE EASEMENT, HAVING AN AREA OF APPROXIMATELY 3,352 SQUARE FEET, LOCATED AT FLAMINGO PARK, WITHIN IN A PORTION OF LOT 7, BLOCK 63, OF "THE OCEAN BEACH FLORIDA ADDITION NO. 3", RECORDED IN PLAT BOOK 2, AT PAGE 81, FOR A TOTAL ONE-TIME USE FEE OF $258,500, ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; AND (II) AN EASEMENT, HAVING AN AREA OF APPROXIMATELY 3,803 SQUARE FEET, LOCATED AT THE MIAMI BEACH GOLF COURSE, ALONG A PORTION OF LOTS 13 AND 14, BLOCK 11-A, OF "SUBDIVISION OF BLOCK 11-A ISLAND VIEW ADDITION", RECORDED IN PLAT BOOK 40, AT PAGE 12, FOR A TOTAL ONE-TIME USE FEE OF $172,900, ATTACHED TO THIS RESOLUTION AS EXHIBIT "B"; AND (2) THREE (3) LICENSE AND USE AGREEMENTS FOR THE STAGING OF CONSTRUCTION EQUIPMENT AND PARKING OF CONSTRUCTION VEHICLES IN CONNECTION WITH THE PROJECT: (I) A LICENSE AND USE AGREEMENT, FOR USE OF APPROXIMATELY 43,011 SQUARE FEET, LOCATED AT FLAMINGO PARK, ALONG MICHIGAN AVENUE, FOR AN ANNUAL USE FEE OF $437,300, ATTACHED TO THIS RESOLUTION AS EXHIBIT "C"; (II) A LICENSE AND USE AGREEMENT FOR WORKING AREA, FOR USE OF APPROXIMATELY 10,302 SQUARE FEET, LOCATED AT THE MIAMI BEACH GOLF COURSE, ALONG MICHIGAN AVENUE, FOR AN ANNUAL USE FEE OF $102,500, ATTACHED TO THIS RESOLUTION AS EXHIBIT "D"; AND (III) A LICENSE AND USE AGREEMENT FOR PIPE PERIMETER, FOR USE OF APPROXIMATELY 35,581 SQUARE FEET, LOCATED AT THE MIAMI BEACH GOLF COURSE, ALONG NORTH MICHIGAN AVENUE AND ALTON ROAD, FOR AN ANNUAL USE FEE OF $340,000, ATTACHED TO THIS RESOLUTION AS EXHIBIT "E". WHEREAS, Florida Power & Light Company ("FPL") has a project to construct a new electric substation and underground transmission line to service customers within the City of Miami Beach; and WHEREAS, the new Alton Substation is located on 4th Street, between Michigan and Lenox Avenues, and its design has been approved by the City's Design Review Board; and WHEREAS, the new underground transmission line will run from the existing Miami Beach Substation, along an underground path parallel to the MacArthur Causeway, to the new Alton Substation on 4th Street, to the existing Venetian Substation underground along Michigan Avenue to 19th Street; and WHEREAS, the addition of this new substation and underground transmission line will enhance the reliability and resiliency of the electric grid for the City's FPL customers and FPL has conducted outreach to the communities impacted by the construction of this project through meetings with the neighborhood associations, a public information meeting, and mailing of nearly 16,000 letters with project fact sheet to customers in the area; and WHEREAS, the new Alton Substation Project will be an unmanned facility that will operate quietly and complement the surrounding community infrastructure and the substation exterior was designed by renowned architect Kobi Karp and was approved by the Miami Beach Design Review Board; and WHEREAS, the areas impacted are as follows: • Construction zone roadways, sidewalks, and vegetation along the route will be impacted. However, FPL will be fully restoring impacted sites, • Locations with permanent easement include Flamingo Park between 11th and 12th Street, and the Miami Beach Golf Course Perimeter on the corner of Dade Boulevard, 19th Street and the North Michigan Avenue intersection, • Locations with temporary staging include Flamingo Park along Michigan Avenue and 13th Street; the Miami Beach Golf Course Perimeter along North Michigan Avenue and Alton Road; and the Miami Beach Golf Course Manhole Area in the southwest corner at :the intersection of Dade Boulevard and North Michigan Avenue, • FPL will meet the City's requirement of a minimum 6' fencing with windscreens surrounding all work and staging areas; and WHEREAS, installation of a new underground transmission line will require the transmission power lines to be placed underground and the project timeline has included "no work" periods that the City of Miami Beach requires for high impact events; and WHEREAS, FPL plans for crews to work during daytime hours and to observe a Monday through Saturday work schedule and open trenching is limited to 4th, 5th, and 19th streets; and WHEREAS, during the directional bore drilling phase, there will be noise due to equipment; however, FPL has worked with the contractor to reduce equipment noise by placing sound walls around drilling sites and mufflers on the equipment; and WHEREAS, the Administration recommends approval of the permanent Easements and License and Use Agreements, attached to this Resolution, in order for FPL to move forward with the Miami Beach Alton-Venetian Underground Transmission Line Project. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager and the City Clerk to execute the following instruments in connection with the Miami Beach Alton-Venetian Underground Transmission Line project: (1) two (2) perpetual, non-exclusive easements in favor of Florida Power & Light Company(FPL) in connection with the installation, operation and maintenance of underground electric utility facilities: (i) a ten (10) foot wide easement, having an area of approximately 3,352 square feet, located at Flamingo Park, within in a portion of Lot 7, Block 63, of "The Ocean Beach Florida Addition No. 3", recorded in Plat Book 2, at Page 81, for a total one-time use fee of$258,500, attached to this Resolution as Exhibit "A"; and (ii) an easement, having an area of approximately 3,803 square feet, located at the Miami Beach Golf Course, along a portion of Lots 13 and 14, Block 11-A, of "Subdivision of Block 11-A Island View Addition", recorded in Plat Book 40, at Page 12, for a total one-time use fee of $172,900, attached to this Resolution as Exhibit "B"; and (2) three (3) License and Use Agreements for the staging of construction equipment and parking of construction vehicles in connection with the Project: (i) a License and Use Agreement, for use of approximately 43,011 square feet, located at Flamingo Park, along Michigan Avenue, for an annual use fee of $437,300, attached to this Resolution as Exhibit "C"; (ii) a License and Use Agreement for working area, for use of approximately 10,302 square feet, located at the Miami Beach Golf Course, along Michigan Avenue, for an annual use fee of$102,500, attached to this Resolution as Exhibit "D"; and (iii) a License and Use Agreement for pipe perimeter, for use of approximately 35,581 square feet, located at the Miami Beach Golf Course, along North Michigan Avenue and Alton Road, for an annual use fee of$340,000, attached to this Resolution as Exhibit"E". PASSED and ADOPTED this 28th day of July, 2021. ATTEST: Dan Gelber, Mayor Rafael E. Granado, City Clerk , APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Date Resolutions -C7 W MIAMI BEACH • COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 28, 2021 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE FOLLOWING INSTRUMENTS IN CONNECTION WITH THE MIAMI BEACH ALTON- VENETIAN UNDERGROUND TRANSMISSION LINE PROJECT: (1)TWO (2) PERPETUAL, NON-EXCLUSIVE EASEMENTS IN FAVOR OF FLORIDA POWER & LIGHT COMPANY (FPL) IN CONNECTION WITH THE INSTALLATION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES: (I)A TEN (10) FOOT WIDE EASEMENT, HAVING AN AREA OF APPROXIMATELY 3,352 SQUARE FEET, LOCATED AT FLAMINGO PARK, WITHIN IN A PORTION OF LOT 7, BLOCK 63, OF "THE OCEAN BEACH FLORIDA ADDITION NO. 3," RECORDED IN PLAT BOOK 2, AT PAGE 81, FOR A TOTAL ONE-TIME USE FEE OF $258,500, ATTACHED TO THIS RESOLUTION AS EXHIBIT "A;" AND (11) AN EASEMENT, HAVING AN AREA OF APPROXIMATELY 3,803 SQUARE FEET, LOCATED AT THE MIAMI BEACH GOLF COURSE, ALONG A PORTION OF LOTS 13 AND 14, BLOCK 11-A, OF "SUBDIVISION OF BLOCK 11-A ISLAND VIEW ADDITION", RECORDED IN PLAT BOOK 40, AT PAGE 12, FOR A TOTAL ONE-TIME USE FEE OF $172,900, ATTACHED TO THIS RESOLUTION AS EXHIBIT'S;"AND (2) THREE (3) LICENSE AND USE AGREEMENTS FOR THE STAGING OF CONSTRUCTION EQUIPMENT AND PARKING OF CONSTRUCTION VEHICLES IN CONNECTION WITH THE PROJECT: (I) A LICENSE AND USE AGREEMENT, FOR USE OF APPROXIMATELY 43,011 SQUARE FEET, LOCATED AT FLAMINGO PARK, ALONG MICHIGAN AVENUE, FOR AN ANNUAL USE FEE OF $437,300, ATTACHED TO THIS RESOLUTION AS EXHIBIT "C;" (II) A LICENSE AND USE AGREEMENT FOR WORKING AREA, FOR USE OF APPROXIMATELY 10,302 SQUARE FEET, LOCATED AT THE MIAMI BEACH GOLF COURSE, ALONG MICHIGAN AVENUE, FOR AN ANNUAL USE FEE OF $102,500,ATTACHED TO THIS RESOLUTION AS EXHIBIT "D;" AND (III) A LICENSE AND USE AGREEMENT FOR PIPE PERIMETER, FOR USE OF APPROXIMATELY 35,581 SQUARE FEET, LOCATED AT THE MIAMI BEACH GOLF COURSE, ALONG NORTH MICHIGAN AVENUE AND ALTON ROAD, FOR AN ANNUAL USE FEE OF $340,000,ATTACHED TO THIS RESOLUTION AS EXHI BIT"E." Page 574 of 2012 RECOMMENDATION The Administration recommends approval of the permanent easements and license and use agreements, in order for FPL to move forward with the Miami Beach Alton-Venetian Underground Transmission Line Project. BACKGROUND/HISTORY Florida Power& Light Company("FPL")has a project to construct a new electric substation and underground transmission line to service customers within the City of Miami Beach. The new Alton Substation is located on 4th Street, between Michigan and Lenox Avenues, and its design has been approved by the City's Design Review Board. The new underground transmission line will run from the existing Miami Beach Substation, along an underground path parallel to the MacArthur Causeway, to the new Alton Substation on 4th Street, to the existing Venetian Substation underground along Michigan Avenue to 19th Street. The addition of this new substation and underground transmission line will enhance the reliability and resiliency of the electric grid for the City's FPL customers. FPL has conducted outreach to the communities impacted by the construction of this project through meetings with the neighborhood associations, a public information meeting, and mailing of nearly 16,000 letters with project fact sheet to customers in the area. FPL has also provided a dedicated telephone line for customers and residents to call for more project information, as well as an onsite project contact person during construction. Community Outreach and Presentations FPL met in Spring 2020 with representatives from the South of Fifth, Flamingo Park, and Sunset Harbor neighborhood associations to gather input and provide information regarding the project. A public information meeting that was hosted in conjunction with the City's Marketing and Communications Department was also held on December 1, 2020. The meeting details were shared with the neighborhood associations to assist in advertising the meeting. FPL also provided copies of the project letter, fact sheet, and presentations to the neighborhood associations for distribution to their membership. Project presentations were given to the City Commission in July 2020 and to the Neighborhood and Quality of Life Committee in November 2020. FPL also met with the South Pointe Elementary PTA representatives in the Spring of 2020. ANALYSIS Essentially, the new Alton Substation Project will be an unmanned facility that will operate quietly and complement the surrounding community infrastructure. The substation exterior was designed by renowned architect Kobi Karp and was approved by the Miami Beach Design Review Board. Areas Impacted: • _Construction zone roadways, sidewalks, and vegetation along the route will be impacted. However, FPL will be fully restoring impacted sites. • Locations with permanent easement include Flamingo Park between 11th and 12th Street, and the Miami Beach Golf Course Perimeter on the corner of Dade Boulevard, 19th Street and the North Michigan Avenue intersection. • Locations with temporary staging include Flamingo Park along Michigan Avenue and 13th Street; the Miami Beach Golf Course Perimeter along North Michigan Avenue and Alton Road; and the Miami Beach Golf Course Manhole Area in the southwest corner at the Page 575 of 2012 intersection of Dade Boulevard and North Michigan Avenue. • FPL will meet the city's requirement of a minimum 6'fencing with windscreens surrounding all work and staging areas. Construction Impacts: Installation of a new underground transmission line will require the transmission power lines to be placed underground. The project timeline has included "no work" periods that the City of Miami Beach requires for high impact events. FPL plans for crews to work during daytime hours and to observe a Monday through Saturday work schedule. Open trenching is limited to 4th, 5th, and 19th streets. During the directional bore drilling phase, there will be noise due to equipment. However, FPL has worked with the contractor to reduce equipment noise by placing sound walls around drilling sites and mufflers on the equipment. Drilling equipment is expected to be similar to highway heavy construction, and pumping equipment to be similar to a large generator, both with an expected decibel range of 70-80. FPL's Timeline: Underground Transmission Timeline Civil Work I Fall 2021 • To place the transmission lines underground, FPL uses directional technology, which is a low impact underground drilling method. This phase will include trenching and installing manholes., Electrical Work I Fall 2021 — March 20232 • Electrical cable is pulled into the conduits, connected to the substation equipment and terminals are installed at the Miami Beach, Venetian, and the new Alton Substations. Site Restoration I Fall 2022— December 2022 • The substation will have landscaping upgrades, an improved irrigation system, and will include sidewalk and asphalt repairs. In Service I December 2022 • Once construction is complete and the underground transmission line is energized, the new substation, together with the existing Miami Beach and Venetian Substations, will provide enhanced service reliability to the City of Miami Beach. New Alton Substation Timeline Site Preparation I Fall 2020—Spring 2021 • To prepare the site, a storm water draining system and infrastructure foundations for the substation perimeter walls and concrete building, or relay house, will be set. Construction work and heavy equipment will be on the site. Traffic may be affected during delivery of equipment and materials. Building Construction I Spring 2021 —Winter 2021 • The relay house will contain the electrical equipment inside of the substation. Substation Construction I Spring 2021 — March 2022 • The construction of the electrical components inside the substation's infrastructure requires the delivery of heavy equipment on site. In Service I March 2022 • Once construction is complete and the substation is energized, there will be no visible equipment. Once a month,two-man crews will access the property for maintenance. • Importance and Value: Substations connect high voltage transmission lines with main and neighborhood power lines. They decrease voltage of electricity for safe distribution to homes and businesses in the area. Page 576 of 2012 This assists with isolating parts of the energy grid to minimize the impact to customers during outages and this acts as a circuit breaker to protect the energy grid. City Impacts: Permanent Easements Flamingo Park • FPL requires an underground electric line easement between 11th and 12th Street underneath the park property to facilitate the route for the underground transmission line. The transmission line will be located approximately 80 feet underground. The line will traverse underneath the park, between the existing PAL building and the track. No above ground infrastructure will be left at the site. (Please refer to Exhibit A). • Appraised value is: $258,500.00. Miami Beach Golf Course Perimeter • FPL requires an underground electric line easement on the edge of Miami Beach Golf Course property at the corner of the Dade Boulevard, 19th Street, and North Michigan Avenue intersection for the installation of the underground transmission line and manhole for future access to maintain the line. No above ground infrastructure will be left at the site, other than a covered manhole. (Please refer to Exhibit B). • Appraised value is: $172,900.00. Temporary Use Easements Flamingo Park • During construction FPL has requested the temporary use of park property to stage equipment. The area requested is located along Michigan Avenue and 13th Street. The area requested will be used for the purpose of staging construction equipment, parking construction vehicles, and storage of construction materials, including conduit pipes and cable reels, in connection with the utility undergrounding work being undertaken. FPL has committed to fencing the area and restoring the space to original condition once construction on the underground transmission line has concluded. Additionally, FPL has agreed to post a bond, in the amount of$50,000 to guarantee the restoration of the staging site. (Please refer to Exhibit C). • Appraised annual rent value is: $437,300.00. Miami Beach Golf Course Perimeter • During construction, FPL has requested the temporary use of the Miami Beach Golf Course property along North Michigan Avenue and Mon Road to temporarily lay the conduit pipes for installation. In addition to the conduit pipes, there will be matting and pipe rollers to support the conduit pipes for installation. Construction equipment such excavators and backhoes will be used to pull and handle the conduit pipes. A similar construction method will be used for the installation of cable using cable reels. FPL will install a fence between the western perimeter of the golf course and work area, as well as along the right-of-way. Additionally, FPL has agreed to post a bond, in the amount of $50,000 to guarantee the restoration of the staging site. (Please refer to Exhibit D). • Appraised annual rent value is: $340,000.00 Miami Beach Golf Course Manhole Area • During construction FPL has requested the temporary use along Michigan Avenue with the Page 577 of 2012 staging site located in the southwest corner of the Miami Beach Golf Club property at the intersection of Dade Boulevard and North Michigan Avenue. The area requested will be used for the purpose of staging construction equipment, parking construction vehicles, and storage of construction materials, including conduit pipes and cable reels, in connection with the utility undergrounding work being undertaken. FPL will install a fence around the staging site. Additionally, FPL has agreed to post a bond, in the amount of $50,000 to guarantee the restoration of the staging site. (Please refer to Exhibit D) • Appraised annual rent value is: $102,500.00. Right of Way Impacts: Please refer to Exhibit E SUPPORTING SURVEY DATA N/A Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Non-Applicable Legislative Tracking Parks and Recreation ATTACHMENTS: Description ❑ Exhibit A- Flamingo Park Permanent Easement ❑ Exhibit B - Miami Beach Golf Course Permanent Easement ❑ Exhibit C- Flamingo Park Temporary Easement ❑ Exhibit D - Miami Beach Golf CourseTemporary Easement(Perimeter& Manhole) ❑ Resolution & Easements Page 578 of 2012 Flamingo Park - Permanent Easement 1200 NSChigan Avenue,Miami Beach,FL 33139 f1 r - Exh . b.tAii . : .�, -_ _y « �, _ , _ .� x r NI Alf 1, I ' ' Y,'`: Miami Beach Golf Course - Permanent Easement - 190 N,Michigan Avenue,FAami Beach,FL 33139 Exhibit B _ .. 4 1111t.. "lirh a.r 1, n f '* •+ ..♦ .- . r • ' �.�• , �. "�R +t„ ice.` .. • A el Yom'.., 14.411116466 — . . - wd. eu ..{ l + i+ nl cif [. , / ,�1 ' .,:x y R •. I ,, .(r 1 ci _. �'' :ice t. ColeEr � '�t► Flamingo Park iqr ': . 1300 Michigan Avenue.Miam1 Beach,FL 33139 ��y�: fi. , F 'i r . :?f i a't 1, Exh • bIt i C - I 4 si _. .•. ,. 1 3 1. ff y .• • . ..I:I. t t tr-'1'1 'y1&_ 1.•- , Cii-.) ; _L2—`q -- ; """'� r '' a' a}r"F,v „r IF i • nom Ott to -, l_ .{s y i y4 F - - �° . • •- . . .,:;,.,�„,,,,s,,} n Ave--1 Audi Ill , r a - Si% M Ai 1;, ...ler1 1,4„:-„1.,, •,e .- _ . • lR,uV Fob I • SI * C. a•. • '� �� } ,91P ps , Ai .k, ,,,...up 4 i tl• yi , ,k �� , i.,•, hd _t: a , , I 1,'W • •n r rJ �; i1 - . i.`i I' 4 it * z.r' q eats a. . ' •,,,, Ia a `K'� • Goole Ear,tWt � E „ 'Ai” �;; -• +, 1\,' . r 4-, . .� 1000 It Miami Beach Golf Course -Temporary Easement �# a ■ ■ 2301 Alban Road,Alfami Beach,FL 33140 T Ehibit D - I' ,� p_P r he 44, it •<.,iir y" • 1 a'' ih ? CI .. -. a. 1 1-, r r J WI'1-. 6--..1.- ". ', .� /..' A r 40'4'e � •• .... - m� , ,,, '^ ^j.•..r '1 f . ?. S +►t • r� 11,7:i '1 a, t ;gat'' � ke.';<,. ' 7Z 7 / 1 1 i�, a ' F amu' :'173--t7'11-7i'' .1. ,T,_ ��I . -u /�. + r ,7,-;'''',:t'''6^1,1.1‘4.71FIA:';':::;r:'' iillik,j, Google Earth �. • i , ^ ,+ N , ,,,:, ., co `A•. , 4 i,P'�� --- - -2000 ft . — • Prepared by and Return to: Ignacio Sarmiento Florida Power and Light Company 4200 West Flagler Street Miami,Florida 33134 Parcel#103 Property ID#: 02-3234-000-0050 EASEMENT THIS EASEMENT dated this day of , 2021 is by,and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Owner"), and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, its contractors, agents, successors and assigns, whose address is P.O. Box 14000, Juno Beach, Florida 33408-0420 ("Company"). For and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00),and other good and valuable consideration paid by Company, the receipt and sufficiency whereof is hereby acknowledged by Owner, Owner does hereby grant,bargain, sell and convey to Company, its contractors, agents, successors, and assigns, easement interests and rights for the purposes described and set forth in the attached Exhibit A in, on, over, under, upon and across the lands located in Miami-Dade County, Florida described as Parcel 103 in the attached Exhibit B, each exhibit being incorporated herein by reference. (Executions and Acknowledgments on following pages.) I„ EXHIBIT tie m a IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument on the date set forth below. Signed, sealed and delivered CITY OF MIAMI BEACH,FLORIDA in the presence of: a Florida municipal corporation By: Witness Signature: Print Name: _Alina T. Hudak Print Name: Title: City Manager Attest: Witness Signature: Print Name: Print Name: Title: ACKNOWLEDGMENT STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of❑ physical presence or❑ online notarization, this day of , 2021,by as of the CITY OF MIAMI BEACH,FLORIDA,a Florida municipal corporation, on behalf of the City. He/She is Personally Known to me ❑ OR Produced as Identification IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Print Name: Commission No.: My Commission Expires: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 7 �ISJ 2 City Attorney4,�,,p Date Exhibit A Underground Easement Rights To Be Acquired Parcel 103 (Permanent Underground Transmission Easement). A perpetual, non-exclusive easement for the Company, and its agents, successors and assigns,to be used for the construction, operation and maintenance of an underground electric transmission line, with all rights necessary and convenient for the full use thereof, including cables, wires, fiber optic, markers, boxes, manholes and conduits to be used for the construction, operation and maintenance of;the underground transmission line, and all necessary appurtenant equipment (collectively, the "Electrical Facilities"), under, on, through and across the lands located in Miami-Dade County, Florida described as Parcel 103 in Exhibit B attached hereto and incorporated herein by this reference (the "Transmission Easement Area"), together with the rights to repair, reconstruct, inspect, alter, improve, change the voltage as well as the size of, abandon in place, replace with another, remove or relocate within the Transmission Easement Area such Electrical Facilities in, under, on, through and across the Transmission Easement Area, with all rights necessary or convenient for the full enjoyment or use thereof for the above-mentioned purposes; provided that, except in the event of an emergency, Company will coordinate all work authorized pursuant to this Easement with Owner in order to minimize disruption of the Owner's use of its lands; provided that, Company accepts the Transmission Easement Area on an"as is" "where is" basis and assumes all risk with respect to the condition thereof, without limitation, thereunder or appurtenant thereto, whether known or unknown to Owner; provided that, Company shall not (either with or without negligence) cause or permit the 'use, storage, generation, escape, disposal or release of any Hazardous Substances of Hazardous Wastes in any manner not sanctioned by law. For the purposes of this Agreement, "Hazardous Substances" shall mean, without limitation, all hazardous toxic substances,wastes and materials, all pollutants and contaminants and any other similar substances or materials which are included under or regulated by any present or future Environmental Laws. The term "Environmental Laws" means any local, state or federal law, rule or regulation pertaining to protection of human health and the environment, or environmental contamination, clean-up or disclosure including, without limitation, the federal Comprehensive Environmental Response Compensation and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, and any applicable law concerning waste management for the state where the Premises is located, and amendments thereto, and regulations adopted pursuant to all such statutes, as amended. In all events, Company shall be responsible for remediating any damage caused from the release of any Hazardous Substances or Hazardous Wastes on the Transmission Easement Area caused by Company or persons acting under Company; provided that,no surface structures shall be placed within the Transmission Easement Area by the Company and that the Company shall not restrict vehicular access through, or otherwise enclose, the Transmission Easement Area; provided that, subject to the Company's acquired easement rights herein, to the extent the Company's use of the Transmission Easement Area results in damage to improvements within the Transmission Easement Area, the Company will repair or replace such improvements with the same, like or better quality, at their original location(to the extent practicable); provided that, any existing buildings or structures, and appurtenances thereto, located within:the Transmission Easement Area shall be allowed to remain, and to be maintained, repaired and reconstructed in their current locations, and provided further that, to the extent otherwise legally permissible, such existing buildings or structures, and appurtenances thereto, may be enlarged or expanded with the express written consent of the Company which permission shall not be unreasonably withheld or conditioned by Company; provided that, subject to the foregoing,the following shall be reserved to the owner(s)of each said property, and its agents, successors and assigns (the "Owner"): the right and privilege to use the Transmission Easement Area for all other purposes permitted, except as herein stated, or as might interfere or be inconsistent with the Company's use, occupation, maintenance or enjoyment thereof,provided that no building or structures, other than fences, driveways, entry roads, surface parking, sidewalks, landscaping or signs, which do not interfere with the Company's use, will be located or constructed by the Owner on the Transmission Easement Area, without the written permission of the Company,provided further,that the Owner shall not excavate any portion of the Transmission Easement Area without the written permission of the Company. Where provided herein that the Owner's use of the Transmission Easement Area is subject to written permission of the Company, such permission shall not be unreasonably withheld, delayed or conditioned by the Company; provided that, all notices hereunder shall be in writing and shall be given by (1) established national courier service which maintains delivery records, (ii) hand delivery, or (ii)certified or registered mail, postage prepaid, return receipt requested to the addressees contained herein, effective upon receipt, or upon attempted delivery if delivery is refused; If to Owner: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: Parks Department Director ' With copy to: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 If to Company: Florida Power&Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Attention: Corporate Real Estate Department With copy to: Florida Power&Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Attn: General Counsel; and provided that, the parties further agree that nothing contained herein shall be construed or interpreted as (1) denying Owner any remedy or defense available to Owner under the laws of the State of Florida; (2) the consent of Owner to be sued; or (3) a waiver of sovereign immunity by Owner beyond the waiver provided in Section 678.28, Florida Statutes. Exhibit B Easement Area LEGAL DESCRIPTION: A PORTION OF SECTION 3, TOWNSHIP 54 SOUTH, RANGE 42 EAST, LYING AND BEING IN MIAMI-DADE COUNTY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 63 OF "OCEAN BEACH_.FLORIDA ADDITION NO. 3", AS RECORDED IN; PLAT BOOK 2, PAGE 81 OF. THE PUBLIC. RECORDS OF MIAMI-DADE COUNTY, .FLORIDA .(FLORIDA STATE . PLANE COORDINATE SYSTEM, EAST ZONE, MERCATOR PROJECTION, NORTH AMERICAN DATUM OF. 1983 WITH A 201.1 ADJUSTMENT (NAD 83/11), UNITED STATES SURVEY FOOT COORDINATE VALUE: NORTHING (Y) = 527367.5562, EASTING (X) = 940418.2189); THENCE SOUTH 88'00'53" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF 11TH STREET,. 79176 FEET TO THE POINT OF BEGINNING .(FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, MERCATOR' . PROJECTION, NORTH AMERICAN DATUM OF 1983 WITH A 2011 ADJUSTMENT (NAD 83/11), UNITED STATES:SURVEY FOOT. COORDINATE VALUE: NORTHING (Y) = 527340.1259, EASTING (X) = 939626.9334); THENCE CONTINUE.SOUTH 88'00'53" WEST ALONG SAID NORTH RIGHT.-OF-WAY LINE, 10.00 FEET; THENCE NORTH 02'52'47" WEST, 303.50 FEET TO A POINT ON A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2007.36 FEET; THENCE NORTHERLY ALONG SAID.CURVE THROUGH A CENTRAL ANGLE OF 00'54'21",.AN ARC LENGTH OF 31.74=FEET TO.A POINT ON THE SOUTH RIGHT OF-WAY LINE OF 12TH. STREET; .THENCE NORTH 88'00'53 EAST ALONG SAID NORTH RIGHT-OF-WAY LINE, 10:00 FEET TO 'A : POINT ON A NON-TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1997.36 FEET (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 88'01'35" .WEST); THENCE SOUTHERLY ALONG SAID. CURVE THROUGH A CENTRAL ANGLE. OF 00'54'22",.AN ARC LENGTH OF 31.59 FEET TO A POINT OF TANGENCY; THENCE SOUTH 02'52'47" EAST, 303.651 FEET TO THE POINT OF BEGINNING SAID :LANDS LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA, CONTAINING:3,352 ,SQUARE FEET (±0.0770 ACRES) MORE OR LESS. SURVEY NOTES: 1. PHYSICAL PAPER VERSIONS OF THIS SKETCH AND DESCRIPTION OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR. AND:.MAPPER. ELECTRONIC VERSIONS OF THIS SKETCH AND DESCRIPTION HAVE BEEN OFFICIALLY SIGNED AND SEALED BY BENJAMIN B. HOYLE ON THE DATE ADJACENT TO THE.SEAL. PRINTED COPIES OF .THIS. DOCUMENT ARE NOT CONSIDERED :SIGNED AND.:SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC. COPIES. 2. GRID COORDINATES AND BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE . SYSTEM, EAST ZONE, MERCATOR PROJECTION; NORTH AMERICAN DATUM OF 1983 WITH THE 2011 ADJUSTMENT (NAD 83/11), AND ESTABLISHED BY GLOBAL POSITIONING SYSTEM (GPS) - REAL TIME KINEMATICS '(RTK) 'METHODS, USING THE TRIMBLE VIRTUAL REFERENCE STATION (VRS) NETWORK AND HAVING A REFERENCE BEARING OF 888'00'53"W :ALONG THE NORTH RIGHT-OF-WAY OF 11TH STREET (PLAT BOOK 2, PAGE 81, MIAMI :DADE COUNTY RECORDS). 3. THIS IS NOT A SURVEY. 4. LANDS. SHOWN HEREON WERE ABSTRACTED FOR RIGHTS-OF-WAY; •EASEMENTS, OWNERSHIP, AND'OTHER INSTRUMENTS OF RECORD BASED UPON.CHICAGO.TITLE INSURANCE AGENCY; .INC.,. CERTIFICATE NO. 41041 FOR PROPERTY FOLIO NO.: 02-3234-000-0050, EFFECTIVE DATE JULY 27, 2018 AT 6:00 A.M. 5. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 6. THIS DOCUMENT IS NOT FULL AND COMPLETE WITHOUT ALL SHEETS, CONTAINING A TOTAL OF' (2) SHEETS.' CERTIFICATE: .: TO: THE.CITY OF.MIAMI. BEACH I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF'MY- KNOWLEDGE, BELIEF, AND' INFORMATION AS PREPARED'UNDER 'MY DIRECTION ON APRIL 5, 2021. I FURTHER. CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE, SET FORTH BY THE. FLORIDA BOARD OF. PROFESSIONAL SURVEYORS. AND MAPPERS IN. CHAPTER 5J-17, .FLORIDA . ' ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KCI TECHNOLOGIES, .INC: Benjamin B. Hoyle ��' ,se"" °`�F ' O 0676:64.- I 676 2021 .06.23 : q 4 p, STATE OF 2Q¢ . . . . . . .. � ' Q y.ro FLORIDA .��/ BY: BENJAMIN B. HOYLE, P.S.M. 00 04- 13.38.43 . •4''�'e/s ac ."4nuuuurveY° FLORIDA REGISTRATION NO. 6769 u EXHIBIT B.- 10' PERMANENT EASEMENT \\FL-LAUDERDALE\Z\PROJECTS\511900148 POWER\02LALTON-VENETIAN_EASEMENTS\SURVEY\CAD\511900148 SD-ALTON VENETIAN 6_21-06-23.DWG DATE REVISIONS =4' SKETCH AND DESCRIPTION' ': DATE 4/5/2021 _�:ENGINEERS I PEANNERS,I SCIENTISTS FLAMINGO PARK.. 4/22/21 EASEMENT' = CONSTRUCTION MANAGERS SCALE' AS SHOWN AND, LEGAL ltsswc��,c lnmdswkml A PORTION OF SECTION .3, -- SCRIVENERS �� Fon''°d"d,1,,EL33309.954.776.1616.w.vLd cam TOWNSHIP .54 •SOUTH, FIELD`BK. N/A 6/21/21ERROR K C' I.UaNSEDBUSINESS N0.6901' RANGE 42 EAST DWG. BY . SKN REVISE CITY OF: MIAMI BEACH, 6/23/21 NOTES SHEET NO. 1 OF 2 ' SHEETS MIAMI—DADE COUNTY, FL CHK. BY BBH PROJECT NO. 511900148.02E - .- . , 12TH.ST. _ I - " _ S88°0'1'35"W LEGEND: Pmoma SOUTH R/W LINE I 1 �___®®_ M:D.C.R: MIAMI DADE COUNTY RECORDS 'II (RADIAL) 12THST.. . 1 t L=31.59' 1.>1 LB LICENSED BUSINESS N88o 00.53 E : 1 ��_R `199736' 1�1 Io1 P.B. PLAT BOOK = . 10.00 '- .. . �. „ ISI PG. PAGE 1 . 1 A=00°54' I._ L=31.74' 1 1m1 . I B�1 P.O.B. - POINT OF BEGINNING R=2007.36' 1c�1 1 :I SQ. FT. . SQUARE FEET I 1 1 -OA�54'21" 1.. 1 . Ia 9 P.O.C. POINT_OF COMMENCEMENT 1 :'1 I901 ns - P.S.M. PROFESSIONAL SURVEYOR & MAPPER 1 -.-110'1-.•--.-110'1-.•- m6211 R RADIUS ` ISI I I Id• - A CENTRAL ANGLE 1: p L L ARC LENGTH. . I I L • 7 R/W. RIGHT-OF-WAY . . : . .10'. PERMANENT 1 1 EASEMENT AREA . s, -- 1 .I. ±3,352: SQ. FT. i' 1* (±0.0770. ACRES)• GRAPHIC SCALE 50' . . . 0 50` 1 : I. 1 i Ili - • 11 NM - s L_ 1 (. IN FEET ) • in I I1200 i MERIDIAN AVE 1 �. CITY OF MIAMI BEACH FLA O I I C - FOLIO: 02-3234-000 -0050 I Z . w 1 1 ww D 1."-I It' O a.c . m D.O o I I o- - (REFERENCE BEARING) p z I 588°00'53"W I -1 z Do 791.76' w .� - i 1I. . . (NORTH R/W . rx °° a 110,1 pZCV LINE 1.1TH ST) . m S88 00 53 W I I P.O.B. .. o.n.: . . 10.00' \ L L /._1N=527340.1259 : " (O R.B. 16350, ': I 'I ... ..1E=939626:9334. -. . . . . P0. 826.M.D.C.R.) —— — — - - — 11TH Si NORTH R/W LINE .P.O.C. ' 11TH ST. N=527367.5562 E=940418.2189.• ' TITLE ENCUMBRANCES' • . • CHICAGO TITLE INSURANCE AGENCY, INC. NOTE: CERTIFICATE NUMBER: 41041, EFFECTIVE DATE:JULY 27, 2018 AT 6:00 A.M. THIS DOCUMENT IS NOT FULL AND COMPLETE DOCUMENT NO.. . DESCRIPTION RECORDING DATA SCHEDULE B AFFECTS PLOTTED WITHOUT ALL'SHEETS, NON--EXCLUSIVE SOUTHERN CONTAINING A TOTAL OF O.R.B. 16350, F.G. 826 O.R.B. 16350,.:PG. 826 YES YES BELL EASEMENT , (2) SHEETS O.R.B. 28338, PG. 1628 FPL EASEMENT : O.R.B. 28338, PG. 1628 NO YES.• 1 EXHIBIT B - 10' PERMANENT EASEMENT • \\FL—LAUDERDALE\2\PROJECTS\511900148 POWER\02LALTON—VENEDAN_EASEMENTS\SURVEY\CAD\511900148 SD—ALTON VENETIAN 6_21=06-23.DWG DATE. REVISIONS �r� ' SKETCH AND DESCRIPTION: DATE 4/5/2021 ..=...... ENGINEERS I PLANNERS 1 SCIENTISTS FLAMINGO PARK:• 4/22/21 EASEMENT ' CONSTRUCTION MANAGERS SCALE AS SHOWN AND LEGAL =— CONSTs w UCea Gthll°ad,6Wg101 A PORTION. OF. :SECTION .3; �� Formai FL 37309.974.776.1616•ww Ldmm TOWNSHIP 54 SOUTH, FIELD BK. N/A 6/21/21SCRIVENERS K C I ERROR UaNSEDBUSINESS N0,6901. RANGE: 42 EAST DWG. BY SKN REVISE CITY OF: MIAMI' BEACH, 6/23/21 NOTES SHEET Na 2 'OF 2 SHEETS, MIAMI-DADE COUNTY, FL CHK, BY BBH PROJECT Na 511900148.02L 1 T J IA' - — .r I VI I+P � I- 1 .41 � .._ II s Rlltt' f. 1 ea ._. I L 1 IMI 1 r ..�Y1 �-- A.=�w \ " ^: ' T !1I 'J! 'i' err . I-- 51 411F6 %1 l' 1 'Ul�jlfl I: -fig:;. 1_ 'tem _.,, - - I �I ! I I � III 1 I Ili ! i I �� 1 2 . IIII 1 I L___I 1 I I ----- � ; � I----4 —— PLAN VIEW - 60 «VENETIAN SUBSTATION ALTON SUBSTATION iff, 60 50 F4-541=1== == == ===S= .=. 50 1!-R41 =�=�= =_ 60 IF:iz-CO==CC O=—C--.____=_=_= 40 1" .=.MCS= = = ..= M= -- 40 FEM.ULM 30 == ��====.,• =...... .........==.. ..= ===.. == 30 �_� �� NCO+00101%1 our 10 BE 20 �=� '' .0= ==C_C� 20 MEW.BY CONTRACTOR) E"=��^• = IO r YR 40 lac fel 4 1410 Wxo.R 10 "� ��L 1 10 CONDO FOR oYNwc \\� �. IOR OB[e mrc �_� • RIVER .SDLA21 ''' ///• 0 41 -�r��._4T..4�. —��C 0 (2)4. •121PE Co1aIR \' •,,,•• (6)•8.NOPE MOATS ___ FOR GROUND /\\ /DAM NACU -10 2.C � � �� 410 COxrlxum ueLL fRPI;( /(/�/� % n[Trnwc CAMS a0 1e= ==e -30 %\�Oy I!�.IO�7? �� 40 '''5072.====== ======�j == J,• \, /n/,.//i/ - -60 �.=.__l ": 'v. =:= =C= -50 430 - .� ,tea-a�� C�C� . CCS -60 TIP HO0 C OSS SECTION 70 DC7 .1= =='Fr ...,� — 70 DETNL C� �1 1 �t.�.*.�..+v Com_ SCALE N.T.S. -60 40 �e Oe�_ �R.e-6100,,.4.'.0— ��= -90 . .� -r= -90 -100 __ � �.=___ '...._.5��_ -100 -110 . . ' [ �=� =4-j'=.=..= "�_ -110 -120 === i �� M -120 62.00 60+00 • 64400 66+00 66+00 1 PROFILE VIEW 8 . j �POWER � 0 15 30 60 90 FEET 0 10 70 40 60 FEET ENGINEERS URn a S RAN MCA[OM Aff¢YO o2.R OOW OOpn@US O M FACAOBS B T DOST DSCORLRW 2011 M 00101..01 11 CUF1PI+0 SWU HA f1 TK IXKI Knowall who)before below. LODIBN.Boli 2.r2ONTAE AND 0010+OF ALL MUM 32-411N 111 APR.,. HORIZONTAL SCALE Y=30' VERTICAL.SCALE 1-=10' Call you dig. OM CONPAN.DLL WOK YOU OG B11 OR I-Bo0-4 V-42111 2. ALL VLRILLL RAW AAE CO.INIESS 0.901SC 121110. - . DATE 06-16-2021 I SCALE AS SHOWN JOB 1149770 MIAMI BEACH TO ALTON & OR ORE ER FLORIDA POWER&LIGHT CH SCS COR°� VENETIAN TO ALTON SHEET 1 OF 1 No EXHIBIT B 011-0-06-16-21.LSSUE0FOR PEND 'Doc's, ��jj 1 v � t.APPROVED _ 69kV UNDERGROUND TRANSMISSION LINE PROFILE EASEMENT o CA No D - ',Alt REVISION N-ONmMON 4L � R�APP ER NO DATE Raa4 pc RAPP•" °-1.":---F FLAMINGO PARK I I T I Prepared by and Return to: Ignacio Sarmiento Florida Power and Light Company 4200 West Flagler Street Miami,Florida 33134 Parcel#102 Property ID#: 02-3227-000-0100 EASEMENT THIS EASEMENT dated this day of , 2021 is by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Owner"), .and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, its contractors, agents, successors and assigns, whose address is P.O. Box 14000, Juno Beach, Florida 33408-0420 ("Company"). For and in consideration of the sum of TEN and NO/100 DOLLARS ($10.00)'and other good and valuable consideration paid by Company, the receipt and sufficiency whereof is hereby acknowledged by Owner, Owner does hereby grant,bargain, sell and convey to Company, its contractors, agents, successors, and assigns, easement interests and rights for the purposes described and set forth in the attached Exhibit A in, on, over, under, upon and across the lands located in Miami-Dade County, Florida described as Parcel 102 in the attached Exhibit B, each exhibit being incorporated herein by reference. (Executions and Acknowledgments on following pages.) EXHIBIT ,,B,, a IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument on the date set forth below. Signed, sealed and delivered CITY OF MIAMI BEACH, FLORIDA in the presence of: a Florida municipal corporation By: Witness Signature: Print Name: Alina T. Hudak Print Name: Title: City Manager Attest: Witness Signature: Print Name: Print Name: Title: ACKNOWLEDGMENT STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization, this day of , 2021,by as of the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, on behalf of the City. He/She is Personally Known to me ❑ OR Produced as Identification IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Print Name: Commission No.: My Commission Expires: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Date Exhibit A Underground Easement Rights To Be Acquired Parcel 102 (Permanent Underground Transmission Easement). A perpetual, non-exclusive easement for the Company, and its agents, successors and assigns,to be used for the construction, operation and maintenance of an underground electric transmission line, with all rights necessary and convenient for the full use thereof, including cables, wires, fiber optic, markers, boxes, manholes and conduits to be used for the construction, operation and maintenance of the underground transmission line, and all necessary appurtenant equipment (collectively, the "Electrical Facilities"), under, on, through and across the lands located in Miami-Dade County, Florida described as Parcel 102 in Exhibit B attached hereto and incorporated herein by,this reference (the "Transmission Easement Area"), together with the rights to repair, reconstruct, inspect, alter, improve, change the voltage as well as the size of, abandon in place, replace with another, remove or relocate within the Transmission Easement Area such Electrical Facilities in, under, on, through and across the Transmission Easement Area, with all rights necessary or convenient for the full enjoyment or use thereof for the above-mentioned purposes; provided that, except in the event of an emergency, Company will coordinate all work authorized pursuant to this Easement with Owner in order to minimize disruption of the Owner's use of its lands; provided that, Company accepts the Transmission Easement Area on an "as is" "where is" basis and assumes all risk with respect to the condition thereof, without limitation, thereunder or appurtenant thereto,whether known or unknown to Owner; provided that, Company shall not (either with or without negligence) cause or permit the use, storage, generation, escape,disposal or release of any Hazardous Substances of Hazardous Wastes in any manner not sanctioned by law. For the purposes of this Agreement, "Hazardous Substances" shall mean, without limitation, all hazardous toxic substances, wastes and materials, all pollutants and contaminants and any other similar substances or materials which are included under or regulated by any present or future Environmental Laws. The term "Environmental Laws" means any local, state or federal law, rule or regulation pertaining to protection of human health and the environment, or environmental contamination, clean-up or disclosure including, without limitation, the federal Comprehensive Environmental Response Compensation and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, and any applicable law concerning waste management for the state where the Premises is located, and amendments thereto, and regulations adopted pursuant to all such statutes, as amended. In all events, Company shall be responsible for remediating any damage caused from the release of any Hazardous Substances or Hazardous Wastes on the Transmission Easement Area caused by Company or persons acting under Company; provided that,no surface structures shall be placed within the Transmission Easement Area by the Company and that the Company shall not restrict vehicular access through, or otherwise enclose, the Transmission Easement Area; provided that, subject to the Company's acquired easement rights herein, to the extent the Company's use of the Transmission Easement Area results in damage to improvements within the Transmission Easement Area, the Company will repair or replace such improvements with the same, like or better quality, at their original location(to the extent practicable); provided that, any existing buildings or structures, and appurtenances thereto, located within the Transmission Easement Area shall be allowed to remain, and to be maintained, repaired and reconstructed in their current locations, and provided further that, to the extent otherwise legally permissible, such existing buildings or structures, and appurtenances thereto, may be enlarged or expanded with the express written consent of the Company which permission shall not be unreasonably withheld, delayed or conditioned by Company; provided that, subject to the foregoing,the following shall be reserved to the owner(s)of each said property, and its agents, successors and assigns (the "Owner"): the right and privilege to use,the Transmission Easement Area for all other purposes permitted, except as herein stated, or as might interfere or be inconsistent with the Company's use, occupation, maintenance or enjoyment thereof,provided that no building or structures, other than fences, driveways, entry roads, surface parking, sidewalks, landscaping or signs, which do not interfere with the Company's use, will be located or constructed by the Owner on the Transmission Easement Area, without the written permission of the Company,provided further,that the Owner shall not excavate any portion of the Transmission Easement Area without the written permission of the Company. Where provided herein that the Owner's use of the Transmission Easement Area is subject to written permission of the Company,such permission shall not be unreasonably withheld or conditioned by the Company; provided that, all notices hereunder shall be in writing and shall be given by (1) established national courier service which maintains delivery records, (ii) hand delivery, or (ii)certified or registered mail, postage prepaid, return receipt requested to the addressees contained herein, effective upon receipt, or upon attempted delivery if delivery is refused; If to Owner: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: Parks Department Director With copy to: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 If to Company: Florida Power&Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Attention: Corporate Real Estate Department With copy to: Florida Power& Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Attn: General Counsel; and provided that, the parties further agree that nothing contained herein shall be construed or interpreted as (1) denying Owner any remedy or defense available to Owner under the laws of the State of Florida; (2) the consent of Owner to be sued; or (3) a waiver of sovereign immunity by Owner beyond the waiver provided in Section 678.28, Florida Statutes. Exhibit B Easement Area LEGAL DESCRIPTION: A PORTION OF SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA,: AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 14, BLOCK 11—A OF "RESUBDIVISION OF BLOCK 1 1—A ISLAND VIEW ADDITION", AS RECORDED IN PLAT BOOK 40, PAGE 12, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA,. ALSO BEING THE NORTHEAST CORNER OF LOT 13 OF SAID BLOCK 11—A; THENCE SOUTH 63'15'48 EAST, A DISTANCE OF 143.02 FEET TO THE POINT OF:BEGINNING, SAID POINT ALSO BEING :A POINT ON THE EAST RIGHT-OF-WAY OF MICHIGAN AVENUE, SAID POINT ALSO BEING A POINT. ON THE.ARC OF A NON TANGENT .CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 75.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 3720'52" WEST); THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID EAST RIGHT—OF—WAY LINE THROUGH A CENTRAL ANGLE ,OF 21'25'12" AND AN ARC LENGTH OF 28.04 FEET; THENCE NORTH 31'13'18" WEST ALONG SAID EAST RIGHT—OF—WAY A DISTANCE OF:4.11 FEET;. THENCE NORTH 01'46'41" WEST A DISTANCE OF 27.50. FEET TO A POINT OF CURVATURE.OF A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF'40.00 FEET; THENCE NORTHWESTERLY ALONG'THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32'12'01" AND AN ARC LENGTH OF 22.48 FEET THENCE NORTH . . : 33'58'41" WEST A DISTANCE'OF 85.35 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY WITH A . RADIUS OF 10.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE'THROUGH A CENTRAL ANGLE OF 8722'34" AND AN ARC LENGTH OF 15:25 FEET; THENCE SOUTH 58'38'45" WEST 4.52 FEET TO A POINT ON SAID EAST RIGHT-OF—WAY, OF MICHIGAN AVENUE; THENCE NORTH 31'13'18" WEST ALONG SAID EAST RIGHT-OF—WAY LINE 20.00 .FEET;. THENCE.NORTH 58'38'45" EAST 4.47 FEET TO.A POINT OF CURVATURE" OF A CURVE.CONCAVE SOUTHERLY WITH A RADIUS OF 30.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8722'34 AND AN.ARC LENGTH OF. 45.75 FEET; THENCE SOUTH 33'58'41" EAST A DISTANCE OF 85:35 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS. OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32'12'01" AND AN ARC LENGTH OF 33.72 FEET; THENCE SOUTH 01'46'41" "EAST 52.38 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN THE CITY OF MIAMI—BEACH, IN MIAMI—DADE COUNTY, FLORIDA, CONTAINING 3,803 SQ. . FEET (0:0873 ACRES) MORE OR LESS. SURVEY NOTES: 1. NOT.VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR. AND MAPPER. 2. "GRID BEARINGS SHOWN.HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE 'SYSTEM, EAST ZONE, MERCATOR PROJECTION, NORTH AMERICAN DATUM OF. 1983 WITH THE 2011 ADJUSTMENT (NAD 83/11), AND ESTABLISHED BY GLOBAL POSITIONING SYSTEM (GPS) - REAL TIME KINEMATICS (RTK) METHODS, USING THE TRIMBLE. VIRTUAL:REFERENCE'STATION (VRS) NETWORK AND HAVING A REFERENCE BEARING OF S88'02'58"W ALONG THE SOUTH LINE OF LOT 14,, BLOCK _11—A (PLAT BOOK, 40, PAGE 12, MIAMI DADE COUNTY. RECORDS). 3..THIS IS NOT A SURVEY. 4. LANDS SHOWN HEREON"WERE NOT ABSTRACTED'FOR RIGHTS-OF—WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 5• THE LEGAL DESCRIPTION.SHOWN HEREON WAS PREPARED BY.THE SURVEYOR. 6. THIS DOCUMENT IS NOT FULL AND COMPLETE WITHOUT ALL SHEETS, CONTAINING .A TOTAL OF (2) SHEETS. CERTIFICATE: TO: THE 'CITY OF MIAMI:BEACH I HEREBY. CERTIFY.THAT THE ATTACHED SKETCH AND DESCRIPTION OF'THE HEREON DESCRIBED PROPERTY IS -' , DEPICTED:TO THE :BEST OF:MY KNOWLEDGE, BELIEF, AND INFORMATION AS PREPARED :UNDER MY DIRECTION ON JULY '25, 2019. I FURTHER CERTIFY THAT THIS•SKETCH AND DESCRIPTION MEETS THE:.STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KCI TECHNOLOGIES" 3enjamin B Hoyle " ,¢o,69 ``� 2021 .06.23. . 11 BY: BENJAMIN. B. HOYLE, P.S.M.. /I " STATE OF FLORIDA REGISTRATION NO. 6769 '00'04- 13:52:04 s,'Oa�FLORIDA.acbp EXHIBIT B - 20' PERMANENT EASEMENT 2:\PROJECTS\51:1900148 POWER\02LALTON—VENETIAN_EASEMENTS\SURVEY\CAD\511900148 SD-ALTON VENETIAN 4.2—REV210623.DWG SKETCH AND DESCRIPTION: DATE '7/25/2019 DATE REVISIONS ENGINEERS I PLANNERS j SCIENTISTS MIAMI BEACH GOLF" CLUB 6/23/21 REVISE CONSTRUCTION MANAGERS A PORTION. OF: SECTION SCALE AS SHOWN NOTES _ �� 6500 N.Andrews Avenue•Fart Leudexddg FL 33309 954.776.1616•www.lcdcom 34, TOWNSHIP 53 SOUTH, . .. FIELD MBK. N/A K C I LICENSED BUSINESS NO.6901 . RANGE 42 EAST CITY 0F. MIAMI BEACH DWG. BY SKN SHEET NO. 1 OF 2 SHEETS MIAMI-DADE COUNTY, FL CHK. BY BBH PROJECT NO. 514900148.02E \ • \'''''- EAST R/W LINE \. ‘. N. MICHIGAN AVE. / . \ ✓f,O N58'38'45"E 16 ! \ 15 \\ 4.47' L=45.75'.. / MIAMI BEACH 15' � , r�y. R=30:00' ' /ACTON POINTE LLC �.=- GOLF COURSE /FOLK): 02-3234-001-0140 \ �=8T22 34" N31'13'18"W Off. �F \ �'�. 20.00' �N 1 \ _ r t$��11511,ZT10 Gz9 558'38'45"W ,O �\ gEs: Z;Or'� �C R:1 �.\ �' 4.52' \, �'O"cp O'\ . V1 ' M?' .� \ - 'YL L=15:25 \ S..,� ��q�. P�,k2, 0•?.......---""" �•- \ ,C4 k+. R=10.00' \ . � �.S33'58 41"E 1S 4'' 7'22'3.4" lin.�\. 8535 T ‘ 33'58'41''W , S�tjl• \ 14' \ 85.35' � \ \ ' ' ALTON POINTE LLC FOUO: 02-3234-001-0130 �( I �.._ \ L=33.72': L=22.48\ R=60.00', R=40.00' A=32'12'01" S88'02'S8"W_,(REFERENCE: BEARING `Ss3, 32'12'01" SOUTH LINE LOT. 14 P.O.C. >, ��`S¢8 . . 1 .. o BLOCK .11-A) SOUTHEAST CORNER' 71,30'''-.4.- N01'46'41'W ,23°,,ti LOT 14 ' .2 s'•,,_\ 27.50'-'\'`..i1 27.50' : I: II 'C')// p6')` i try 13 / N31'13'"18"W I. LS01'46:'41,�E. . ALTON POINTE LLC' . :F0UO: 02-3234-001-0120 / - . 4.1 1' \..,� F i/ 52:38'' I L=28.04'. 1 .:, - - ---- R=75:00' d=21'25'12" P.0.Br, - 19TH: ST. NOTE: LEGEND: THIS DOCUMENT IS NOT . M.D.C.R. .MIAMI DADE COUNTY RECORDS FULL AND.COMPLETE WITHOUT ALL SHEETS; LB LICENSED BUSINESS . 1 CONTAINING A TOTAL OF (2) SHEETS P.B. PLAT BOOK S3, PG. . PAGE . P.O.B. POINT OF BEGINNING GRAPHIC'SCALE P.O.C.. POINT.OF COMMENCEMENT 50' O. 50' _ P.L.S. PROFESSIONAL LAND SURVEYOR 16# 1 . . R" RADIUS A - CENTRAL ANGLE ( IN.FEET ) L ARC LENGTH. SQ. FT. SQUARE FEET EXHIBIT B - 20' PERMANENT EASEMENT R/W RIGHT-OF-WAY 2:\PROJECTS\511900148 POWER\02L ALTON—VENE IAN_EASEMENTS\SURVEY\CAD\511900148;SD—ALTON VENETIAN 4.2—REV210623.DWG SKETCH AND DESCRIPTION: DATE 7/25/2019 DATE: REVISIONS =4mn.4. ENGINEERS I PLANNERS I SCIENTISTS MIAMI BEACH GOLF CLUB" 6/23/21 REVISE CONSTRUCTION MANAGERSA. PORTION. OF SECTION" SCALE As SHOWN NOTES �... 6500 N.Andrews Avem e•Fon Lauderdale,FL 33309 loricam 34, TOWNSHIP 53 SOUTH, FIELD BK. • N/A K C 19I,•N761616I ESSwwNO.690 LICENSED BUSINESS N0.6901 RANGE 42 EAST DWG. BY . SKN CITY OF: MIAMI BEACH, SHEET NO.- 2" )F 2 SHEETS MIAMI—DADE COUNTY,' FL CHK. BY. BBH PROJECT NO. 511900148.02L' 1 1 1 1 t -s, ilsr\—,,, ;, \,\.; il 515 • 1 1�< T SA17 .,... JRA S�� ' •�• ' .:.. / �I 1 I i II � ...1 `��♦ r :10 ' 1Dw E al l F 1 t./.1'- NV--,-.... "-. /, ',\, \ Ai • \ niii.dijlitjhl''___,K " - ---,-----. .6411.Ste .... tAlt t" .mo i. 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NOT BCOICRCO MMM!.RECORD Mac 11.CONIRUIUR S.I.6411E(NE E1K) LOCATOR,BOTH KRIM.ISO YOWL Of.LLL MATES THROUGH IHC APPROMRYIC 811 MIN MIN COM,.CALL BMX YOU A11 OR 1-RCO-02-NPO. �/� 2. All YMCA RAM ISE NCO'LIVES01126126200 Br POWER D ALL 11.3 IN PERYANEM EASEIESI 10 BE ROMA SI BE°MIFACIOE 0 15 30 60 90 FEET 0 6 12 I6 FEEL ENGINEERSR ALL TREES IN 1+0 100)000 Y CB11600102 MOMS 10 K MOM OR 1000 BY INE Know wh.0.below. ca010TOR AS 0E101021/BY IHC 100601/010 PCRIORT0 100 WORN. HORIZONTAL SCALE I 30' VERTICAL SCALE I'.6' Call before you dig. S. WSHIN THE Car Of K111 BEACH MOM 0 WAY.ASPHNT REDRAWN WILL BE 2S MOM BOTH 00E5 OC PENCIL DATE 06-22-2021 I SCALE AS 51010 JOB 1749370 MIAMI BEACH TO ALTON & FLORIDA POWER&LICHT OR scc CUR MIAMI VENETIAN TO ALTON SHEET 1 OF 1 NO E7(HIBIT B 0E1-0 06-22-21 ISSUED FOR BERRIE CRC BCC- (p1 4 ot APPROVED _ 69kV UNDERGROUND TRANSMISSION LINE PROFILE EASEMENT 0 00 No' PACE ' REVISION BY a 00.00 ER No DATE RENSIoN B w°00.,,,,,p�K I MANI BEACH GOLF CLUB I LICENSE AND USE AGREEMENT THIS LICENSE AND USE AGREEMENT ("Agreement") is made effective this day of , 2021 ("Effective Date") by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation ("City" or "Licensor"), and FLORIDA POWER & LIGHT COMPANY, a Florida corporation ("Licensee"). Licensor and Licensee may also sometimes be referred to individually as a "Party" and collectively as the "Parties". NOW, THEREFORE, and in consideration of the mutual promises, covenants, agreements, terms and conditions, herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto do agree as follows: 1. City Manager's Designee. For purposes of administering this Agreement on behalf of the City, the City Manager's Designee shall be the Parks and Recreation Director. 2. Permitted Uses. Licensor hereby grants to Licensee a license to occupy and use that certain portion of the City's property as more particularly described in the sketch and legal description attached hereto as Exhibit "A" and incorporated herein by this reference ("Staging Site"), subject to all of the terms and conditions hereof. Licensee may occupy and use the Staging Sites solely for the purpose of staging construction equipment, parking construction vehicles, and storage of construction materials, including pvc pipes and cable reels, in connection with the utility undergrounding work being undertaken by the Licensee along Michigan Avenue with the Staging Site being located in Flamingo Park at the southeast corner of the intersection of 13th Street & Michigan Avenue, which is the subject of City of Miami Beach permit number RWP0220-5378 (hereinafter referred to as the "Project"). As a condition precedent to using the Staging Site, Licensee shall be required to install an at least six (6) foot high construction fence with windscreen around the Staging Site. Licensee shall be responsible for securing any required governmental approvals/permits from the City's Building Department in connection with the installation of the fence and the approved uses. During the term of this Agreement, Licensee shall be responsible for maintaining, repairing and replacing, as needed, the windscreen and fence in order to keep it in good repair. Licensee shall only be permitted to access the Staging Site from the existing driveway. Licensee shall be responsible for removing the existing two (2) bollards along the existing driveway and, upon termination or expiration of this Agreement, re-installing them as part of the restoration process described in Section 13. 3. No Improper Use. Licensee will not use, nor suffer or permit any person to use, in any manner whatsoever, the Staging Site for any illegal use, or for any other purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. Licensee will protect, indemnify, and forever save and keep harmless the City, its officials, employees, contractors, and agents from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of Licensee, or any official, director, agent, contractor, or servant of Licensee arising out of Licensee's use of the Staging Site; provided, however, that Licensee shall not be liable for special, punitive, or consequential damages. In the event of any violation.of the terms of this Section 3 of the Agreement by Licensee, the City shall have the right to suspend the use of the Staging Site should Licensee fail to correct any such violation within seventy-two (72) hours following written notice of the nature and extent of such violation. Such suspension shall continue until the violation is cured. EXHIBIT 0 8 ♦P 4. Use Fee. Licensee shall pay the City a "Use Fee" in the amount of$437,300 per year. The Use Fee shall be payable in advance, on a monthly basis, in the amount of $36,441.67 per month, due on the first day of each month during the term of this Agreement. The Use Fee for any partial month shall be prorated, based upon the number of days in the given month. 5. Term/Termination. A. Term. The term of this Agreement shall commence upon the date of the last Party to execute this Agreement,which shall be referenced as the"Effective Date"on page 1 (above) of this Agreement, and shall expire upon the earlier of: (a) one (1) year from the Effective Date; (b) issuance, by the City's Building Department, of a certificate of completion for the Project; or(c)upon written notification from Licensee that use of the Staging Site is no longer be necessary, whichever occurs first. B. Termination for Cause. If Licensee shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause after the expiration of the below notice and cure period. Prior to exercising its option to terminate for cause, the City shall notify Licensee of its violation of the particular term(s) of this Agreement and shall grant Licensee thirty (30) days to cure such default. In the event that a default is not reasonably susceptible to being cured within the thirty (30) day cure period, the Licensee shall not be considered in default if it shall, within such period, commence with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default. Except with respect to remediations which may be required under Section 11(B), which may reasonably require an extended cure period, all other cure periods shall not exceed one hundred twenty (120) days from the date of written notice thereof. In the event Licensee cures any default pursuant to this subsection, it shall promptly provide the City Manager's designee with written notice of same. If such default remains uncured at the end of the cure period, the City may terminate this Agreement upon delivering written notice of termination to Licensee. Upon termination, the Parties shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement, except those that expressly survive termination hereof including, without limitation, Sections 7, 11(B) and 13. Notwithstanding the above, Licensee shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by Licensee. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Licensee. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees; provided, however, Licensee shall not be liable for special, punitive, or consequential damages. 6. Performance Bond or Alternate Security. Prior to commencing using the Staging Site, Licensee shall furnish to the City Manager or City Manager's designee a payment and performance bond, in the sum of Fifty Thousand and 00/100($50,000.00) Dollars, for which Licensee shall bind itself for the faithful performance of the terms and conditions of this Agreement. A cash deposit, irrevocable letter of credit, or certificate of deposit may also suffice, as determined by the City Manager or City Manager's designee, in his/her sole and reasonable discretion. The form of the performance bond or alternate security shall be reasonably approved by the City's Chief Financial Officer. In the event that a certificate of deposit is approved, it shall be a Fifty Thousand and 00/100 ($50,000.00) Dollar one-year certificate of deposit in favor of the City, which shall be automatically 2 renewed, the original of which shall be held by the City's Chief Financial Officer. Licensee shall be required to maintain said performance bond or alternate security in full force and effect throughout the term of this Agreement. Licensee shall have an affirmative duty to notify the City Manager or City Manager's designee, in writing, in the event said performance bond or alternate security lapses or otherwise expires. All interest that accrues in connection with any financial instrument or sum of money referenced above shall be the property of Licensee, except in an event of default, in which case the City shall be entitled to all interest that accrues after the date of default. 7. Indemnification. Licensee shall indemnify, hold harmless and defend the City, and its officials, directors, members, employees, contractors, agents, and servants from and against any and all actions (whether at law or inequity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from Licensee's performance of its activities under this Agreement or use of the Staging Site. To that extent, Licensee shall pay all such claims or losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals; provided, however, Licensee shall not be liable for special, punitive, or consequential damages. This Section 7 shall survive the termination or earlier expiration of this Agreement. 8. Insurance. Licensee shall not commence use of the Staging Site under this Agreement until all insurance required under this section has been obtained and such insurance has,been approved by the City's Risk Manager. Licensee shall carry and maintain the following insurance coverages during the term of this Agreement: A. Worker's Compensation Insurance as required by Florida, with Statutory limits and Employer's Liability Insurance limit of no less than$1,000,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury for vehicles while in the Licensee's care, custody and control with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Licensee. Waiver of Subrogation Licensee hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Licensee may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. 3 Acceptability of Insurers The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. Verification of Coverage Licensee shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Licensee's obligation to provide them. Timely renewal certificates will be provided to the City as coverage renews. Licensee's insurance shall be primary and not contributory for direct claims arising out of the Agreement under the Commercial General Liability policy. In the event of an alleged claim under this Agreement, the City reserves the right, upon reasonable notice to Licensee, to examine the original or true copies of all insurance policies, including endorsements, required by these specifications. Licensee agrees to permit such inspection at the offices of Licensee. Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder CITY OF MIAMI BEACH do INSURANCE TRACKING SERVICES 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve Licensee of his liability and obligation under this section or under any other section of this Agreement. Self-Insurance Licensee may meet.the requirements in this Section 8 using any combination of primary, umbrella/excess, or self-insurance programs. Upon the request of the City, Licensee shall provide the City with written evidence of an established self-insurance program meeting the requirements of this Agreement. 9. Inspection. The City shall have the right to inspect the Staging Site (including, without limitation, Licensee's Property thereon)at any time by the City Manager's designee or by any other municipal, County, State officer, or officers of any other agency(ies) having responsibility and/or jurisdiction for inspections of such operations upon at least twenty-four hours prior written notice, except in the event of an emergency. Licensee hereby waives all claims against the City for compensation for loss or damage sustained by reason of any interference with Licensee's operations as a result of inspection by any public agency(ies) or officials, (including, without limitation, by reason of any such public agency or official in enforcing any laws, ordinances, or regulations as a result thereof), unless caused by the City's gross negligence or intentional misconduct. 10. Safety and Workmanship. Licensee shall coordinate all work to the Staging Site with the City Manager's designee in order to minimize impact on the City's operations. Licensee shall take all necessary and reasonable safety precautions, secure the Staging Site by appropriate construction fencing with a dust curtain, and coordinate with the City Manager's designee to assure 4 the safety of City employees, contractors, residents, guests, invitees, visitors, and the geheral public at all times during the Term. Licensee shall resolve any safety or workmanship issues to the conditions reasonably mandated by the City. 11. No Dangerous Materials. A. Licensee agrees not to use or permit the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida, on or within the Staging Site, or on any City property and/or right of way. Notwithstanding the foregoing, Licensee shall be permitted to store construction equipment, construction vehicles, and construction materials, including pvc pipes in connection with the Project at the Staging Site. Further, for purposes of this Agreement, materials in the process of being prepared and laid out for installation, and/or equipment actively working or in the process being readied for installation of Licensee's improvements shall not be considered storage. B. Licensee shall indemnify and hold the City harmless from any loss, damage, cost, or expense of the City, including, without limitation, reasonable attorney's fees, incurred as a result of, arising from, or connected with the placement by Licensee of any "hazardous substance" or"petroleum products" on, under, in or upon the Staging Site as those terms are defined by applicable Federal and State Statute, or any environmental rules and environmental regulations promulgated thereunder; provided, however, Licensee shall have no liability in the event of the willful misconduct or gross negligence of the City, its agents, servants or employees. The provisions of this Section 11.B shall survive the termination or earlier expiration of this Agreement. 12. Storm Water Pollution Prevention Plan. Licensee shall submit a Storm-water Pollution Prevention Plan for the Staging Site within sixty(60)days of the Effective Date. The purpose of this Plan is to reduce the potential of sediments and construction debris from entering the City's storm water system from the Licensee's construction staging activities: ' A. The Licensee should describe and provide indication on a site map of all erosion and sediment controls and storm water best management practices to reduce erosion, sedimentation, and storm water pollution. These controls may include silt fences, entrance/exit controls, storm drain inlet protection, and reinforced soil retaining systems. The Licensee should establish a maintenance plan for all structural and non-structural controls to assure that they remain in good and effective operating condition. B. The Licensee should implement good housekeeping techniques to reduce contamination of storm water runoff. The Licensee should describe in detail controls for the following potential pollutants: (i) waste disposal, this may include construction debris, chemicals, litter, and, sanitary waste; (ii) offsite vehicle tracking from construction entrances/exits; and (iii) the storage, application, generation and migration of all toxic substances. 5 C. The Licensee should implement good housekeeping techniques to eliminate contamination of site from machinery oil and fluid, temporary construction bathroom facility, contaminated soil or any other contaminated material. 13. Surrender of Staging Area/Licensee's Obligation for Restoration. Prior to expiration, or earlier termination of this Agreement, Licensee shall immediately surrender the Staging Site, remove Licensee's property from the Staging Site, and restore the Staging Site to the same condition as existed immediately prior to the Effective Date of this Agreement. Licensee's obligation to observe or perform this covenant shall survive the expiration or earlier termination of this Agreement. Continued occupancy of the Staging Site after expiration, or early termination, of the Agreement shall constitute trespass by the Licensee, and may be prosecuted as such. Additionally, the Use Fee shall continue to accrue until such time as Licensee has completely surrendered the Staging Site, removed all of Licensee's property and restored the Staging Site. 14. Construction of Agreement. The Parties to this Agreement have substantially contributed to the drafting and negotiation of this Agreement, and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. The Parties acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments hereto, and have sought and received whatever competent legal advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. 15. Notices. All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of Licensor and Licensee listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO LICENSEE: Florida Power& Light Company 700 Universe Boulevard Juno Beach, Florida 33408 (561) 805-2599 Attn: Ray Madison With copy to: Florida Power& Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Attn: General Counsel TO LICENSOR: City of Miami Beach Parks and Recreation Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7000, Ext. 7010 6 With copy to: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7000, Ext. 6399 16. Entire Agreement. The making, execution and delivery of this Agreement by Licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This Agreement embodies the entire understanding of the Parties and there are no further or other agreements or understandings, written or oral, in effect between the Parties relating to the subject matter hereof. 17. Counterparts. This Agreement may be executed simultaneously or in counterparts, each of which together shall constitute one and the same agreement. For purposes of this Agreement, a facsimile, electronic or PDF copy shall be deemed to be an original. [Signatures appear on following page] 7 • EXECUTED as of the day and year first above written. LICENSOR: Attest: CITY OF MIAMI BEACH, FLORIDA a Florida Municipal Corporation BY: City Clerk Name: Alina T. Hudak Title: City Manager Date LICENSEE: Witness FLORIDA POWER& LIGHT COMPANY, a Florida corporation By: Signature Name: Print Name Title: Signature Print Name Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 8 10r- r-2,) City Attorney 1.4\di Dote ti 1 EXHIBIT "A" STAGING SITE 9 LEGAL DESCRIPTION: A.PORTION. OF SECTION 34, TOWNSHIP 53 SOUTH, RANGE. 42 EAST, LYING AND BEING IN.MIAMI-DADE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED. AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 95 OF "OCEAN BEACH FLORIDA ADDITION NO. 3", AS RECORDED IN PLAT BOOK 2, .PAGE 81 OF.THE PUBLIC RECORDS OF. MIAMI-DADE COUNTY, FLORIDA (FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE,, MERCATOR PROJECTION, NORTH AMERICAN. DATUM OF 1983 WITH A 2011 ADJUSTMENT (NAD 83/11), UNITED STATES SURVEY FOOT COORDINATE VALUE: NORTHING (Y) = 527739.4538, EASTING (X) =. 939594.8411);.THENCE NORTH 23'11'54" EAST, 164.50 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EAST RIGHT—OF—WAY LINE OF MICHIGAN AVENUE-(FLORIDA STATE PLANE COORDINATE, SYSTEM,. EAST ZONE, MERCATOR PROJECTION, NORTH AMERICAN DATUM OF 1983 WITH A 2011 ADJUSTMENT (NAD 83/11); UNITED STATES SURVEY FOOT COORDINATE VALUE: NORTHING (Y) = 527890.6573, EASTING (X): = 939659.6416); THENCE NORTH 01'59'07"WEST ALONG SAID EAST RIGHT—OF—WAY-LINE, 182.27. FEET; THENCE DEPARTING SAID RIGHT—OF—WAY NORTH -44'48'48" EAST, 35.53 FEET; THENCE NORTH 88'01'14"EAST, 193.98 FEET; THENCE SOUTH 01.'27'57"EAST; 108.37 FEET. TO .A POINT.ON .A 4 FOOT- FENCE. LINE; THE FOLLOWING. THREE (3) CALLS BEING ALONG A 4 FOOT FENCE LINE: (1) THENCE SOUTH 85'55'23" WEST, 27.07 FEET; (2) THENCE SOUTH 01'09'54" EAST, 13.29 FEET; (3) THENCE NORTH 89'23'45"WEST, 75.14 FEET TO A POINT ON A 6 FOOT FENCE LINE; THE FOLLOWING TWO. (2) CALLS BEING ALONG SAID 6 FOOT FENCE: (1) THENCE SOUTH 01'09'54"EAST, :16.14 FEET; (2) THENCE SOUTH 87'42'16"WEST, 115.72 FEET TO THE POINT OF BEGINNING SAID LANDS LYING AND BEING IN: THE CITY OF MIAMI BEACH, MIAMI—DADE COUNTY, FLORIDA, CONTAINING 43,011. SQUARE FEET (±0.9874 ACRES) MORE OR LESS. SURVEY NOTES: 1. PHYSICAL PAPER VERSIONS OF THIS SURVEY MAP OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER. ELECTRONIC VERSIONS OF THIS SURVEY MAP.HAVE BEEN OFFICIALLY SIGNED AND SEALED BY BENJAMIN B. HOYLE ON THE DATE ADJACENT TO THE SEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOT.CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES.. 2. GRID BEARINGS AND COORDINATES SHOWN. HEREON.ARE RELATIVE TO THE FLORIDA STATE PLANE.COORDINATE SYSTEM, EAST: ZONE, MERCATOR PROJECTION, NORTH AMERICAN DATUM OF 1983 WITH THE 2011 ADJUSTMENT. (NAD 83/11), AND ESTABLISHED BY GLOBAL POSITIONING SYSTEM.(GPS) — REAL TIME KINEMATICS (RTK) METHODS, USING THE TRIMBLE VIRTUAL REFERENCE STATION (VRS) NETWORK AND HAVING A REFERENCE BEARING OF NO1'59'07"W ALONG THE EAST RIGHT-OF—WAY OF MICHIGAN AVENUE (MANGO AVE., PLAT BOOK 2, PAGE 81, MIAMI- DADE COUNTY RECORDS). 3: THIS IS NOTA SURVEY.. 4. LANDS SHOWN. HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP,, OR OTHER INSTRUMENTS OF RECORD. 5. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 6. THIS SKETCH AND DESCRIPTION IS CERTIFIED TO THE CITY OF MIAMI BEACH CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION AS. PREPARED UNDER MY DIRECTION ON NOVEMBER 24, 2020..1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, . PURSUANT TO SECTION._472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED.HEREON: \WgW11l KCI TECHNOLOGIES, INCORPORATED ��PM1N B. At -44,Benjamin B �� L eNu . 440 \0 a J. 06769� � \-�4' Hoyle 3 ' s 2020.1. 1 .24P STATE OF Qa . BY: BENJAMIN B. HOYLE,. P.S.M. $��s,OFLORIDA oaf ' FLORIDA REGISTRATION NO: 6769 00'.05.- 1.4.48.24 "!a'.'u,haury °<a„� TEMPORARY EASEMENT \:\\�eyp" Z:\PROJECTS\511900148 POWER\02L_ALT0N—VENETIAN_EASEMENTS\SURVEY\CAD\AV_TEMP_HDD_WORILAREA-FLMlINGO_PARK\5I1900148SD—AV_TEMP_HDD_WORKJIREA-FLAMINGO_PARK.DWG SKETCH AND DESCRIPTION DATE 11/24/2020 DATE REVISIONS ENGINEERS I PLANNERS I SCIENTISTS FLAMINGO PARK CONSTRUCTION MANAGERS A PORTION OF SECTION 34 SCALE AS SHOWN �� 6500 N.Andrews Avenue•For[Luudurdak,FL 33309 com TOWNSHIP 53 SOUTH,. T 954.776:16151N6• 65NO.690 FIELD BK. N/A" � � 1' u�NSmBU51NE55R0.69o1 RANGE 42 EAST CITY .OF MIAMI BEACH, DWG. BY SKN MIAMI—DADE. COUNTY, FL CHK. BY. BBH SSHEET No. 1 OF 2 SHEETS. H PROJECT NO. 511900148.02E ' OUTH EDGE OF 19th St. - :i CONCRETE SIDEWALK -1. . i /---: '01' 4»E' / N88 1 cv ,•. , . / 193.98'. 1 \ N44'48'.48E 0 . . (11 35.53.' o' CJ I„ ,�TEMPORARY EASEMEMNT AREA Y o I•: (±43,011 SQ• FT• / ±0.9874: ACRES) w o m `" 02 M In Cl— 0r, -g.a I my c I + EAST RIGHT-OF-WAY LINE o cV Q ,: Lam N g I I:-":` MICHIGAN AVE (� M a 1 (REFERENCE BEARING) . I c z I o - ' _NO 1°59'07"W . . . . . 6' FENCEI ,o c- . rim., I 182.27 . 1 Q o o. . 585'55 23 W ``' I . CSI N I ,,o 27 07' . I o - •- ? oD I S01'09'54"E aci . I. o_ S01'09.54 E 13:29 5-4 I�.1 P:O.B. 16.14'' 4' FENCE �4' FENCE i o I x F. " I N=527890.6573' — — — _ J . : . . I E=939659.6416' • o v._J , v. - — FENCE' N89'23 45 W — _ -- 75.14, S87'42'16”W 115.72' GRAPHICSCALE 7. 1 I / 50' 0 50' . . ( IN FEET ) / a LEGEND: . N ^ M.D.C.R. MIAMI DADE COUNTY RECORDS. LB LICENSED BUSINESS P B PLAT BOOK ' IP.O•C. PG. PAGE N=527739.4538 P.O.B. POINT OF BEGINNING I E=939594.8411 P.O.C. POINT OF COMMENCEMENT I' '' ; SOUTHEAST CORNER LOT 7, / P.S.M. PROFESSIONAL SURVEYOR. AND MAPPER BLOCK 95 _ OCEAN BEACH FLORIDA R RADIUS. ADDITION NO.3 `_• D CENTRAL ANGLE (P.B. 2, :PG. 81, M.D.C.R.) L. ARC LENGTH 12th St _ SQ. FT. SQUARE FEET TEMPORARY EASEMENT 2:\PROJECTS\511900148.POWER\02LALTON-VENEIAN_EASEMENTS\SURVEY\CAD\AV_TEMP_HDD_WORILAREA-FLAMINGO_PARK\511900148 SD-AV_TEMP_ Fl.A HDD_ WORK_AREA- NINGO_PARK.DWG SKETCH AND DESCRIPTION DATE 11/24 /2020 . DATE REVISIONS ` ENGINEERS!PLANNERS!SCIENTISTS FLAMINGO'PARK CONSTRUCTION MANAGERS, A PORTION OF SECTION 34, ' SCALE' AS SHOWN - 6500 N.Andxews Avemu•Fort Lauderdale,FL 33309 1954.776.1616•www.kdm . m TOWNSHIP 53 SOUTH,• FIELD BK. N/A K•C 1 u[ENSmBUSINESS NO.6901 RANGE 42 EAST . CITY OF MIAMI BEACH, DWG. BY SKN MIAMI—DADE_ COUNTY, FL ' CHK' PROJECT. BY BBH PRECT NN 20. 2 SHEETS 511900148.02L LICENSE AND USE AGREEMENT THIS LICENSE AND USE AGREEMENT ("Agreement") is made effective this day of , 2021 ("Effective Date") by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation ("City" or "Licensor"), and FLORIDA POWER & LIGHT COMPANY, a Florida corporation ("Licensee"). Licensor and Licensee may also sometimes be referred to individually as a "Party" and collectively as the "Parties". NOW, THEREFORE, and in consideration of the mutual promises, covenants, agreements, terms and conditions, herein contained, and other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged, the Parties hereto do agree as follows: 1. City Manager's Designee. For purposes of administering this Agreement on behalf of the City, the City Manager's Designee shall be the Parks and Recreation Director. 2. Permitted Uses. Licensor hereby grants to Licensee a license to occupy and use that certain portion of the City's property as more particularly described in the sketch and legal description attached hereto as Exhibit "A" and incorporated herein by this reference ("Staging Site"), subject to all of the terms and conditions hereof. Licensee may occupy and use the Staging Sites solely for the purpose of staging construction equipment, parking construction vehicles, and storage of construction materials, including pvc pipes and cable reels, in connection with the utility undergrounding work being undertaken by the Licensee along Michigan Avenue with the Staging Site being located in the southwest corner of the Miami Beach Golf Club property at the intersection of Dade Boulevard and N Michigan Ave, which is the subject of City of Miami Beach permit number RWP0220-5378 (hereinafter referred to as the "Project"). As a condition precedent to using the Staging Site, Licensee shall be required to install an at least six(6)foot high construction fence with windscreen around the Staging Site. Licensee shall be responsible for securing any required governmental approvals/permits from the City's Building Department in connection with the installation of the fence and the approved uses. During the term of this Agreement, Licensee shall be responsible for maintaining, repairing and replacing, as needed, the windscreen and fence in order to keep it in good repair. Licensee shall only be permitted to access the Staging Site from the public right-of-way, through an area mutually agreed upon by the parties and reflected on Exhibit "A". If at the time the parties execute this Agreement the access point has not been determined, Exhibit"A"shall be amended to include the access point once determined. 3. No Improper Use. Licensee will not use, nor suffer or permit any person to use, in any manner whatsoever, the Staging Site for any illegal use, or for any other purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. Licensee will protect, indemnify, and forever save and keep harmless the City, its officials, employees, contractors, and agents from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of Licensee, or any official, director, agent, contractor, or servant of Licensee arising out of Licensee's use of the Staging Site; provided, however, Licensee shall not be liable for special, punitive, or consequential damages. In the event of any violation of the'terms of this Section 3 of the Agreement by Licensee, the City shall have the right to suspend the use of the Staging Site should Licensee fail to correct any such violation within seventy-two (72) hours following written notice of the nature and extent of such violation. Such suspension shall continue until the violation is cured. EnXHIBIT Dn 0, 4. Use Fee. Licensee shall pay the City a "Use Fee" in the amount of$102,500 per year. The Use Fee shall be payable in advance, on a monthly basis, in the amount of $8,541.67 per month, due on the first day of each month during the term of this Agreement. The Use Fee for any partial month shall be prorated, based upon the number of days in the given month. 5. Term/Termination. A. Term. The term of this Agreement shall commence upon the date of the last Party to execute this Agreement,which shall be referenced as the"Effective Date" on page 1 (above) of this Agreement, and shall expire upon the earlier of: (a) one (1) year from the Effective Date; (b) issuance, by the City's Building Department, of a certificate of completion for the Project; or(c)upon written notification from Licensee that use of the Staging Site is no longer be necessary, whichever occurs first. B. Termination for Cause. If Licensee shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause after the expiration of the below notice and cure period. Prior to exercising its option to terminate for cause, the City shall notify Licensee of its violation of the particular term(s) of this Agreement and shall grant Licensee thirty (30) days to cure such default. In the event that a default is not reasonably susceptible to being cured within the thirty (30) day cure period, the Licensee shall not be considered in default if it shall, within such period, commence with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default. Except with respect to remediations which may be required under Section 11(B), which may reasonably require an extended cure period, all other cure periods shall not exceed one hundred twenty(120)days from the date of written notice thereof. In the event Licensee cures any default pursuant to this subsection, it shall promptly provide the City Manager's designee with written notice of same. If such default remains uncured at the end of the cure period, the City may terminate this Agreement upon delivering written notice of termination to Licensee. Upon termination, the Parties shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement, except those that expressly survive termination hereof including,without limitation, Sections 7, 11(B) and 13. Notwithstanding the above, Licensee shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by Licensee. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Licensee. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees; provided, however, Licensee shall not be liable for special, punitive, or consequential damages. 6. Performance Bond or Alternate Security. Prior to commencing using the Staging Site, Licensee shall furnish to the City Manager or City Manager's designee a payment and performance bond, in the sum of Fifty Thousand and 00/100 ($50,000.00) Dollars, for which Licensee shall bind itself for the faithful performance of the terms and conditions of this Agreement. A cash deposit, irrevocable letter of credit, or certificate of deposit may also suffice, as determined by the City Manager or City Manager's designee, in his/her sole and reasonable discretion. The form of the performance bond or alternate security shall be reasonably approved by the City's Chief Financial Officer. In the event that a certificate of deposit is approved, it shall be a Fifty Thousand and 00/100 ($50,000.00) Dollar one-year certificate of deposit in favor of the City, which shall be automatically 2 renewed, the original of which shall be held by the City's Chief Financial Officer. Licensee shall be required to maintain said performance bond or alternate security in full force and effect throughout the term of this Agreement. Licensee shall have an affirmative duty to notify the City Manager or City Manager's designee, in writing, in the event said performance bond or alternate security lapses or otherwise expires. All interest that accrues in connection with any financial instrument or sum of money referenced above shall be the property of Licensee, except in an event of default, in which case the City shall be entitled to all interest that accrues after the date of default. 7. Indemnification. Licensee shall indemnify, hold harmless and defend the City, and its officials, directors, members, employees, contractors, agents, and servants from and against any and all actions (whether at law or inequity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from Licensee's performance of its activities under this Agreement or use of the Staging Site. To that extent, Licensee shall pay all such claims or losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals; provided, however, Licensee shall not be liable for special, punitive, or consequential damages. This Section 7 shall survive the termination or earlier expiration of this Agreement. 8. Insurance. Licensee shall not commence use of the Staging Site under this Agreement until all insurance required under this section has been obtained and such insurance has; been approved by the City's Risk Manager. Licensee shall carry and maintain the following insurance coverages during the term of this Agreement: A. Worker's Compensation Insurance as required by Florida, with Statutory limits and Employer's Liability Insurance limit of no less than$1,000,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury for vehicles while in the Licensee's care, custody and ' control with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liabilityarising out of work or operations performed by or on behalf of the Licensee. Waiver of Subrogation Licensee hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Licensee may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" 3 as to management and no less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick New Jersey, or its equivalent. Acceptability of Insurers The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. Verification of Coverage Licensee shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Licensee's obligation to provide them. Timely renewal certificates will be provided to the City as coverage renews. Licensee's insurance shall be primary and not contributory for direct claims arising out of the Agreement under the Commercial General Liability policy. In the event of an alleged claim under this Agreement, the City reserves the right, upon reasonable notice to Licensee, to examine the original or true copies of all insurance policies, including endorsements, required by these specifications. Licensee agrees to permit such inspection at the offices of Licensee. Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder CITY OF MIAMI BEACH do INSURANCE TRACKING SERVICES 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve Licensee of his liability and obligation under this section or under any other section of this Agreement. Self-Insurance Licensee may meet the requirements in this Section 8 using any combination of primary, umbrella/excess, or self-insurance programs. Upon the request of the City, Licensee shall provide the City with written evidence of an established self-insurance program meeting the requirements of this Agreement. 9. Inspection. The City shall have the right to inspect the Staging Site (including, without limitation, Licensee's Property thereon)at any time by the City Manager's designee or by any other municipal, County, State officer, or officers of any other agency(ies) having responsibility and/or jurisdiction for inspections of such operations upon at least twenty-four hours prior written notice, except in the event of an emergency. Licensee hereby waives all claims against the City for compensation for loss or damage sustained by reason of any interference with Licensee's operations as a result of inspection by any public agency(ies) or officials, (including, without limitation, by reason of any such public agency or official in enforcing any laws, ordinances, or regulations as a result thereof), unless caused by the City's gross negligence or intentional misconduct. 10. Safety and Workmanship. Licensee shall coordinate all work to the Staging Site with the City Manager's designee in order to minimize impact on the City's operations. Licensee shall take 4 all necessary and reasonable safety precautions, secure the Staging Site by appropriate construction fencing with a dust curtain, and coordinate with the City Manager's designee to assure the safety of City employees, contractors, residents, guests, invitees, visitors, and the general public at all times during the Term. Licensee shall resolve any safety or workmanship issues to the conditions reasonably mandated by the City. 11. No Dangerous Materials. A. Licensee agrees not to use or permit the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida, on or within the Staging Site, or on any City property and/or right of way. Notwithstanding the foregoing, Licensee shall be permitted to store construction equipment, construction vehicles, and construction materials, including pvc pipes in connection with the Project at the Staging Site. Further, for purposes of this Agreement, materials in the process of being prepared and laid out for installation, and/or equipment actively working or in the process being readied for installation of Licensee's improvements shall not be considered storage. B. Licensee shall indemnify and hold the City harmless from any loss, damage, cost, or expense of the City, including, without limitation, reasonable attorney's fees, incurred as a result of, arising from, or connected with the placement by Licensee of any "hazardous substance" or"petroleum products" on, under, in or upon the Staging Site as those terms are defined by applicable Federal and State Statute, or any environmental rules and environmental regulations promulgated thereunder; provided, however, Licensee shall have no liability in the event of the willful misconduct or gross negligence of the City, its agents, servants or employees. The provisions of this Section 11.B shall survive the termination or earlier expiration of this Agreement. 12. Storm Water Pollution Prevention Plan. Licensee shall submit a Storm-water Pollution Prevention Plan for the Staging Site within sixty(60)days of the Effective Date.The purpose of this Plan is to reduce the potential of sediments and construction debris from entering the City's storm water system from the Licensee's construction staging activities: A. The Licensee should describe and provide indication on a site map of all erosion and sediment controls and storm water best management practices to reduce erosion, sedimentation, and storm water pollution. These controls may include silt fences, entrance/exit controls, storm drain inlet protection, and reinforced soil retaining systems. The Licensee should establish a maintenance plan for all structural and non-structural controls to assure that they remain in good and effective operating condition. B. The Licensee should implement good housekeeping techniques to reduce contamination of storm water runoff. The Licensee should describe in detail controls for the following potential pollutants: (i) waste disposal, this may include construction debris, chemicals, litter, and sanitary waste; (ii) offsite vehicle tracking from construction entrances/exits; and (iii) the storage, application, generation and migration of all toxic substances. 5 C. The Licensee should implement good housekeeping techniques to eliminate contamination of site from machinery oil and fluid, temporary construction bathroom facility, contaminated soil or any other contaminated material. 13. Surrender of Staging Area/Licensee's Obligation for Restoration. Prior to expiration, or earlier termination of this Agreement, Licensee shall immediately surrender the Staging 'Site, remove Licensee's property from the Staging Site, and restore the Staging Site to the same condition as existed immediately prior to the Effective Date of this Agreement. Licensee's obligation to observe or perform this covenant shall survive the expiration or earlier termination of this Agreement. Continued occupancy of the Staging Site after expiration, or early termination, of the Agreement shall constitute trespass by the Licensee, and may be prosecuted as such. Additionally, the Use Fee shall continue to accrue until such time as Licensee has completely surrendered the Staging Site, removed all of Licensee's property and restored the Staging Site. 14. Construction of Agreement. The Parties to this Agreement have substantially contributed to the drafting and negotiation of this Agreement, and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. The Parties acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments hereto, and have sought and received whatever competent legal advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. 15. Notices. All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of Licensor and Licensee listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO LICENSEE: Florida Power& Light Company 700 Universe Boulevard Juno Beach, Florida 33408 (561) 805-2599 Attn: Ray Madison With copy to: Florida Power& Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Attn: General Counsel TO LICENSOR: City of Miami Beach Parks and Recreation Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305)673-7000, Ext. 6399 6 With copy to: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7000, Ext. 6399 16. Entire Agreement. The making, execution and delivery of this Agreement by Licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This Agreement embodies the entire understanding of the Parties and there are no further or other agreements or understandings, written or oral, in effect between the Parties relating to the subject matter hereof. 17. Counterparts. This Agreement may be executed simultaneously or in counterparts, each of which together shall constitute one and the same agreement. For purposes of this Agreement, a facsimile, electronic or PDF copy shall be deemed to be an original. [Signatures appear on following page] 7 EXECUTED as of the day and year first above written. LICENSOR: Attest: CITY OF MIAMI BEACH, FLORIDA a Florida Municipal Corporation By: City Clerk Name: Alina T. Hudak Title: City Manager Date LICENSEE: Witness FLORIDA POWER & LIGHT COMPANY, a Florida corporation By: Signature Name: Print Name Title: Signature Print Name Date APPROVED AS TO FORM & LANGUAGE & FOR XECUTION 8 (yY' City Attorney pr- Date EXHIBIT "A" STAGING SITE 9 LEGAL DESCRIPTION: A PORTION OF SECTION. 34, TOWNSHIP 53 SOUTH, RANGE.42 EAST, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 14, BLOCK 11-A OF "RESUBDIVISION OF BLOCK .11-A ISLAND VIEW ADDITION", - AS.RECORDED. IN: PLAT. BOOK 40,. PAGE 12,.OF THE PUBLIC.RECORDS. OF MIAMI-DADE COUNTY, FLORIDA,. ALSO. BEING THE NORTHEAST CORNER OF LOT 13 OF SAID BLOCK 11-A (FLORIDA STATE PLANE COORDINATE SYSTEM; EAST ZONE, MERCATOR PROJECTION, NORTH AMERICAN DATUM OF 1983 WITH A 1990 ADJUSTMENT (NAD 83/90), UNITED STATES SURVEY FOOT COORDINATE VALUE: NORTHING (Y) = 532166.0398, EASTING (X) = 939393.5833); THENCE SOUTH 68'54'38" EAST, A DISTANCE OF 135.56 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING. ON THE RIGHT-OF-WAY LINE FOR MICHIGAN AVENUE AS SHOWN ON THE BOUNDARY SURVEY OF THE MIAMI BEACH GOLF CLUB, PREPARED BY F.R. ALEMAN AND ASSOCIATES WITH A DATE OF JUNE 10TH, 2016, SIGNED BY FRANK PARUAS (FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, MERCATOR PROJECTION, NORTH AMERICAN DATUM.OF 1983.WITH A 1.990 ADJUSTMENT (NAD 83/90), UNITED STATES SURVEY FOOT COORDINATE VALUE: NORTHING. (Y) = 5321 17.2621, EASTING (X) = 939520.0637),.THENCE DEPARTING SAID RIGHT-OF-WAY, NORTH 01'46'33" WEST, 36.90 FEET TO A POINT ON A TANGENT:CURVE CONCAVE TO THE SOUTHWEST WITH A RADIUS OF 60.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32'12'00"; 33.72 FEET; THENCE NORTH: 33'58'33" WEST, 85.34 FEET; THENCE NORTH 2731'27" WEST, 13.63. FEET; THENCE NORTH 34'18`40" WEST, 57.82 FEET; THENCE.NORTH 5641'20" EAST, 36.65 FEET TO A POINT.ON A NON TANGENT CURVE CONCAVE TO THE SOUTHWEST WITH 'A RADIUS OF 98.67 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 46'59'48" EAST); THENCE ALONG THE ARC OF SAID CURVE THROUGH A.CENTRAL ANGLE OF 2623'36", 43.73 FEET TO A POINT OF REVERSE CURVATURE WITH A TANGENT CURVE.CONCAVE.TO THE NORTHEAST WITH A RADIUS OF 75.81 FEET; THENCE ALONG. THE ARC OF SAID CURVE THROUGH A. CENTRAL ANGLE OF.39'53'52", 52.79 FEET TO A POINT OF REVERSE CURVATURE WITH A TANGENT CURVE CONCAVE TO THE SOUTHWEST WITH. A RADIUS.OF 70.49 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH 'A CENTRAL ANGLE OF 20'51'42", 25.66 FEET;.TO A POINT OF REVERSE CURVATURE WITH A TANGENT CURVE CONCAVE .TO THE NORTHEAST. WITH A RADIUS OF 84.25 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13'17'56", 19:55 FEET; TO A POINT OF COMPOUND CURVATURE WITH A TANGENT CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 48.55 FEET; THENCE, ALONG THE ARC OF SAID:CURVE THROUGH A CENTRAL.ANGLE OF 24'58'58", 21.57 FEET; THENCE SOUTH 01'56'16" EAST, 115.34 FEET TO A POINT ON. THE AFOREMENTIONED NORTHEAST RIGHT-OF-WAY, ALSO BEING A POINT ON A.NON TANGENT CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 107.20 FEET (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 31'22'21" WEST); THENCE ALONG.THE.ARC OF SAID CURVE AND AFOREMENTIONED RIGHT-OF-WAY LINE THROUGH A CENTRAL ANGLE OF 23'39'34", 44.27 FEET TO THE POINT OF BEGINNING.. SAID LANDS LYING AND BEING IN THE CITY OF MIAMI-BEACH, IN MIAMI-DADE COUNTY, FLORIDA, CONTAINING 10,302 SQUARE FEET '(0:2365 ACRES) MORE OR LESS. SURVEY NOTES: . 1. PHYSICAL PAPER VERSIONS OF THIS SURVEY MAP OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE ORIGINAL' SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER. ELECTRONIC VERSIONS OF THIS SURVEY MAP HAVE BEEN OFFICIALLY SIGNED AND SEALED BY BENJAMIN B. HOYLE ON THE DATE ADJACENT TO THE SEAL. PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. 2. GRID BEARINGS AND COORDINATES SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, MERCATOR PROJECTION, NORTH AMERICAN DATUM OF 1983 WITH A 1990 ADJUSTMENT'(NAD 83/90), AND. ARE BASED ON THE BOUNDARY SURVEY OF THE MIAMI' BEACH.GOLF CLUB, PREPARED BY F.R. ALEMAN AND'ASSOCIATES WITH A DATE OF'. JUNE 10TH, 2016, SIGNED BY FRANK PARUAS AND HAVING A REFERENCE BEARING OF NORTH 31'23'38" WEST ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF MICHIGAN AVENUE AS SHOWN ON SAID BOUNDARY SURVEY. 3. THIS IS NOT A SURVEY. . 4. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER. INSTRUMENTS OF RECORD. 5. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 6. THIS SKETCH AND DESCRIPTION IS CERTIFIED TO THE CITY OF MIAMI BEACH CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH:AND DESCRIPTION OF. THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE;: BELIEF, AND INFORMATION AS PREPARED UNDER MY DIRECTION ON NOVEMBER,24, 2020: I FURTHER CERTIFY THAT THIS SKETCH AND'DESCRIPTION MEETS THE STANDARDS.OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE.CODE, PURSUANT TO SECTION 472:027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. a1PlAlN B.q0} KCI TECHNOLOGIES, INCORPORATED: Benjamin ID Hoyle 2020:11 .24 BY: BENJAMIN B. HOYLE, P.S.M. O STATE OF FLORIDA REGISTRATION :NO. 6769 . '00'05-14:44:20 FLORIDA TEMPORARY EASEMENT s""ey°` 2:\PROJECTS\S11900148 POWER\02L_:ALTON-VENETIAN_EASEMENTS\SURVEY\CAD\AV_TEMP_H0D_WORKjREA-GOLF_COURSE\511900148 SD-AV_TEMP_HDD_WORK_AREA-GOLF_COURSE.DWG SKETCH AND DESCRIPTION DATE 11/24/2020 DATE REVISIONS ENGINEERS I PLANNERS I SCIENTISTS MIAMI BEACH.GOLF CLUBommboumwommimmi {ONSTRUCTIONMANAGERS A PORTION OF SECTION GALE AS SHOWN �� 6500 N.Andreas Avmll,.FonLandedale,FL 33309 954.776.1616••www.kd.mm 34, TOWNSHIP 53 SOUTH, FIELD BK. N/A K f•-", I LICENSED BUSINESS NO.6901 I RANGE 42 EAST DWG. BY SKN CITY OF MIAMI BEACH, SHEET NO. .1 OF 2 SHEETS MIAMI-DADE' COUNTY, FL . CHK. BY BBH PROJECT NO. 511900148.02L \ r-:,%). \ MIAMI BEACH GOLF CLUB moo.\ / N55'41'20"E FOLIO: 02-3227-000-0100. •/ �\ vo .13',A r�i \\ 36.65' OWNER: CITY OF MIAMI BEACH \- c y, \G �'� \ � �\�\ �\\ A PORTION OF SECTION:34,. o C. / i S' % z TOWNSHIP 53,: RANGE 42 EAST ` ' . . . �a o�.�` ..,<<,,' amu'\010 TEMPORARY \ 'o 1`i \016, .. \ 4DC6. \i EASEMENT AREA,. • °Ilea? <i \ �� Q�P .~`s, \Q \ ( ±10,302 SQ. FT. 0 \ t"2o2 .. o.. \\ 16 ' ,6-v�9��F , _.-s ��.\ -3 7\13 %,5, (±0.2365. ACRES) 2 0\ i- a� \ 14.,,,,?..,9. F a �i, 2\ s\��• L=25.66' i '' 03\J'GC2 \ as\U, u1. R=70.49' / 15 \ oy� �. 0 0. see • T F � �. u+. A=20'51'42" c. 510 Do 0,�2 c \ L=21.17' • Zvi l�p' C)� " i:' \ \ %J,-7 ti� , 24'558„ \ t)\ \ \ �� S. .C � 6` 6. 13 C6 C%sy. \ \ L 33.72 //. . O 2 ��\c.o \ R=60.00 I 14 •.0 0<�2 \. ; \ \ A=32'12'00"I - "epA\0.0,, \ ,s �� y . \ 1 "? \ •NN I—. P.O.C.. i 9\ r (s I . i. N-532166.0398 I ---,‘ M.I o ti`0'4��,&Q- w I E-939393.5833 . I °' co SE CORNER LOT 14 I \\ I / L� NE,CORNER.LOT 13 S68'54'38" - \ z I ,' ,ten I `n. I 13. i 135.56' \ — ' o.I / \ 4\\383 C> 4 4 _ .O.B. \ N=532117.2621 \\ , cl E=939520.0637 \ .S\)? 19_TH ST. o cLI�� ,o 9, - - - .:(70' RIGHT-OF-WA`s' - •\�r\O��G��k, (P.B. 40, PG. 12, M.D.C.R.) \-_ Q��;F 5� c - -r -- -- -_ -- ---�\ t6S).,,;p ca. \ LEGEND: P.S.M. PROFESSIONAL SURVEYOR E EASTING (X) COORDINATE . _ AND MAPPER LB LICENSED BUSINESS R. RADIUS GRAPHIC SCALE M.D.C.R. MIAMI DADE COUNTY RECORDS R/W RIGHT-OF-WAY 50' 0 - 50' N NORTHING. (Y) COORDINATE . SQ. FT. SQUARE FEET P.B.- PLAT BOOK A CENTRAL ANGLE PG. PAGE L ARC LENGTH ( IN FEET ) P.O.B. POINT OF BEGINNING . CENTERLINE P.O.C. POINT OF COMMENCEMENT 10 . LOT NUMBER TEMPORARY EASEMENT 2:\PROJECTS\51.1900148 POWER\02L_ALT0N-VENETIAN_EASEMENTS\SURVEY\CAD\AV_TEMPJ1DD_WORK_AREA-GOLF_COURSE\511900148 SD-AV_TEMP_HDD_WORK_AREA-GOLF_COURSE.DWG SKETCH AND DESCRIPTION DATE 11/24/2020 DATE REVISIONS ENGINEERS I PLANNERS I SCIENTISTS MIAMI BEACH GOLF CLUB SCALE AS SHOWN CONSTRUCTION MANAGERS A PORTION OF. SECTION -- 6500 N.Andrews Avenue•Port Lauderdale,FL 33309 34, TOWNSHIP 53 SOUTH, FIELD BK, N/A K C T 9�'7SED BV I ESS NO.690 1 LICENSED BUSINESS N0.6901 RANGE. 42 EAST • DWG. BY SKN CITY OF MIAMI BEACH, SHEET N0. 2 OF 2 SHEETS. MIAMI—DADE COUNTY, FL CHK. BY BBH • • •PROJECT NO. 511900148.02L LICENSE AND USE AGREEMENT THIS LICENSE AND USE AGREEMENT ("Agreement") is made effective this day of , 2021 ("Effective Date") by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation ("City" or "Licensor"), and FLORIDA POWER & LIGHT COMPANY, a Florida corporation ("Licensee"). Licensor and Licensee may also sometimes be referred to individually as a "Party" and collectively as the "Parties". NOW, THEREFORE, and in consideration of the mutual promises, covenants, agreements, terms and conditions, herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto do agree as follows: 1. City Manager's Designee. For purposes of administering this Agreement on behalf of the City, the City Manager's Designee shall be the Parks and Recreation Director. 2. Permitted Uses. Licensor hereby grants to Licensee a license to occupy and use that certain portion of the City's property as more particularly described in the sketch and legal description attached hereto as Exhibit "A" and incorporated herein by this reference ("Staging Site"), subject to all of the terms and conditions hereof. Licensee may occupy and use the Staging Sites solely for the purpose of staging construction equipment, parking construction vehicles, and storage of construction materials, including pvc pipes and cable reels, in connection with the utility undergrounding work being undertaken by the Licensee along Michigan Avenue with the Staging Site being located along the western perimeter of the Miami Beach Golf Club property, which is the subject of City of Miami Beach permit number RWP0220-5378 (hereinafter referred to as the "Project"). As a condition precedent to using the Staging Site, Licensee shall be required to install an at least six (6) foot high construction fence with windscreen around the Staging Site. Licensee shall be responsible for securing any required governmental approvals/permits from the City's Building Department in connection with the installation of the fence and the approved uses. During the term of this Agreement, Licensee shall be responsible for maintaining, repairing and replacing, as needed, the windscreen and fence in order to keep it in good repair. Licensee shall only be permitted to access the Staging Site from the public right-of-way, through an area mutually agreed upon by the parties and reflected on Exhibit "A". If at the time the parties execute this Agreement the access point has note been determined, Exhibit"A" shall be amended to include the access point once determined. 3. No Improper Use. Licensee will not use, nor suffer or permit any person to use, in any manner whatsoever, the Staging Site for any illegal use, or for any other purpose in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. Licensee will protect, indemnify, and forever save and keep harmless the City, its officials, employees, contractors, and agents from and against damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any Jaw, ordinance, rule, order or regulation occasioned by any act, neglect or omission of Licensee, or any official, director, agent, contractor, or servant of Licensee arising out of Licensee's use of the Staging Site; provided, however, Licensee shall not be liable for special, punitive, or consequential damages. In the event of any violation of the terms of this Section 3 of the Agreement by Licensee, the City shall have the right to suspend the use of the Staging Site should Licensee fail to correct any such violation within seventy-two (72) hours following written notice of the nature and extent of such violation. Such suspension shall continue until the violation is cured. 4. Use Fee. Licensee shall pay the City a "Use Fee" in the amount of$340,000 per year. The Use Fee shall be payable in advance, on a monthly basis, in the amount of $28,333.33 per EXHIBIT - M m "E" 0 Z month, due on the first day of each month during the term of this Agreement. The Use Fee for any partial month shall be prorated, based upon the number of days in the given month. 5. Term/Termination. A. Term. The term of this Agreement shall commence upon the date of the last Party to execute this Agreement,which shall be referenced as the"Effective Date" on page 1 (above) of this Agreement, and shall expire upon the earlier of: (a) one (1) year from the Effective Date; (b) issuance, by the City's Building Department, of a certificate of completion for the Project; or(c) upon written notification from Licensee that use of the Staging Site is no longer be necessary, whichever occurs first. B. Termination for Cause. If Licensee shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause after the expiration of the below notice and cure period. Prior to exercising its option to terminate for cause, the City shall notify Licensee of its violation of the particular term(s) of this Agreement and shall grant Licensee thirty (30) days to cure such default. In the event that a default is not reasonably susceptible to being cured within the thirty (30) day cure period, the Licensee shall not be considered in default if it shall, within such period, commence with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default. Except with respect to remediations which may be required under Section 11(B), which may reasonably require an extended cure period, all other cure periods shall not exceed one hundred twenty(120)days from the date of written notice thereof. In the event Licensee cures any default pursuant to this subsection, it shall promptly provide the City Manager's designee with written notice of same. If such default remains uncured at the end of the cure period, the City may terminate this Agreement upon delivering written notice of termination to Licensee. Upon termination, the Parties shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement, except those that expressly survive termination hereof including,without limitation, Sections 7, 11(B) and 13. Notwithstanding the above, Licensee shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by Licensee. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Licensee. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees; provided, however, Licensee shall not be liable for special, punitive, or consequential damages. 6. Performance Bond or Alternate Security. Prior to commencing using the Staging Site, Licensee shall furnish to the City Manager or City Manager's designee a payment and performance bond, in the sum of Fifty Thousand and 00/100 ($50,000.00) Dollars, for which Licensee shall bind itself for the faithful performance of the terms and conditions of this Agreement. A cash deposit, irrevocable letter of credit, or certificate of deposit may also suffice, as determined by the City Manager or City Manager's designee, in his/her sole and reasonable discretion. The form of the performance bond or alternate security shall be reasonably approved by the City's Chief Financial Officer. In the event that a certificate of deposit is approved, it shall be a Fifty Thousand and 00/100 ($50,000.00) Dollar one-year certificate of deposit in favor of the City, which shall be automatically renewed, the original of which shall be held by the City's Chief Financial Officer. Licensee shall be required to maintain said performance bond or alternate security in full force and effect throughout 2 the term of this Agreement. Licensee shall have an affirmative duty to notify the City Manager or City Manager's designee, in writing, in the event said performance bond or alternate security lapses or otherwise expires. All interest that accrues in connection with any financial instrument or sum of money referenced above shall be the property of Licensee, except in an event of default, in which case the City shall be entitled to all interest that accrues after the date of default. 7. Indemnification. Licensee shall indemnify, hold harmless and defend the City, and its officials, directors, members, employees, contractors, agents, and servants from and against any and all actions (whether at law or inequity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful'death, loss of or damage to property, which may arise or be alleged to have arisen from Licensee's performance of its activities under this Agreement or use of the Staging Site. To that extent, Licensee shall pay all such claims or losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals; provided, however, Licensee shall not be liable for special, punitive, or consequential damages. This Section 7 shall survive the termination or earlier expiration of this Agreement. 8. Insurance. Licensee shall not commence use of the Staging Site under this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the City's Risk Manager. Licensee shall carry and maintain the following insurance coverages during the term of this Agreement: A. Worker's Compensation Insurance as required by Florida, with Statutory limits and Employer's Liability Insurance limit of no less than$1,000,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury for vehicles while in the Licensee's care, custody and control with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Licensee. Waiver of Subrogation Licensee hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Licensee may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Licensee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and no less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick New Jersey, or its equivalent. 3 Acceptability of Insurers The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than"B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. Verification of Coverage Licensee shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Licensee's obligation to provide them. Timely renewal certificates will be provided to the City as coverage renews. Licensee's insurance shall be primary and not contributory for direct claims arising out of the Agreement under the Commercial General Liability policy. In the event of an alleged claim under this Agreement, the City reserves the right, upon reasonable notice to Licensee, to examine the original or true copies of all insurance policies, including endorsements, required by these specifications. Licensee agrees to permit such inspection at the offices of Licensee. Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder CITY OF MIAMI BEACH do INSURANCE TRACKING SERVICES 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve Licensee of his liability and obligation under this section or under any other section of this Agreement. Self-Insurance Licensee may meet the requirements in this Section 8 using any combination of primary, umbrella/excess, or self-insurance programs. Upon the request of the City, Licensee shall provide the City with written evidence of an established self-insurance program meeting the requirements of this Agreement. 9. Inspection. The City shall have the right to inspect the Staging Site (including, without limitation, Licensee's Property thereon)at any time by the City Manager's designee or by any other municipal, County, State officer, or officers of any other agency(ies) having responsibility and/or jurisdiction for inspections of such operations upon at least twenty-four hours prior written notice, except in the event of an emergency. Licensee hereby waives all claims against the City for compensation for loss or damage sustained by reason of any interference with Licensee's operations as a result of inspection by any public agency(ies) or officials, (including, without limitation, by reason of any such public agency or official in enforcing any laws, ordinances, or regulations as a result thereof), unless caused by the City's gross negligence or intentional misconduct. 10. Safety and Workmanship. Licensee shall coordinate all work to the Staging Site with the City Manager's designee in order to minimize impact on the City's operations. Licensee shall take all necessary and reasonable safety precautions, secure the Staging Site by appropriate construction fencing with a dust curtain, and coordinate with the City Manager's designee to assure 4 the safety of City employees, contractors, residents, guests, invitees, visitors, and the general public at all times during the Term. Licensee shall resolve any safety or workmanship issues to the conditions reasonably mandated by the City. 11. No Dangerous Materials. A. Licensee agrees not to use or permit the storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing generators, turpentine, benzene, naphtha, propane, natural gas, or other similar substances, combustible materials, or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida, on or within the Staging Site, or on any City property and/or right of way. Notwithstanding the foregoing, Licensee shall be permitted to store construction equipment, construction vehicles,;and construction materials, including pvc pipes in connection with the Project at the Staging Site. Further, for purposes of this Agreement, materials in the process of being prepared and laid out for installation, and/or equipment actively working or in the process being readied for installation of Licensee's improvements shall not be considered storage. B. Licensee shall indemnify and hold the City harmless from any loss, damage, cost, or expense of the City, including, without limitation, reasonable attorney's fees, incurred:as a result of, arising from, or connected with the placement by Licensee of any "hazardous substance" or"petroleum products" on, under, in or upon the Staging Site as those terms are defined by applicable Federal and State Statute, or any environmental rules' and environmental regulations promulgated thereunder; provided, however, Licensee shall have no liability in the event of the willful misconduct or gross negligence of the City, its agents, servants or employees. The provisions of this Section 11.6 shall survive the termination or earlier expiration of this Agreement. 12. Storm Water Pollution Prevention Plan. Licensee shall submit a Storm-water Pollution Prevention Plan for the Staging Site within sixty(60)days of the Effective Date. The purpose of this Plan is to reduce the potential of sediments and construction debris from entering the City's storm water system from the Licensee's construction staging activities: A. The Licensee should describe and provide indication on a site map of all erosion and sediment controls and storm water best management practices to reduce erosion, sedimentation, and storm water pollution. These controls may include silt fences, entrance/exit controls, storm drain inlet protection, and reinforced soil retaining systems. The Licensee should establish a maintenance plan for all structural and non-structural controls to assure that they remain in good and effective operating condition. B. The Licensee should implement good housekeeping techniques to reduce contamination of storm water runoff. The Licensee should describe in detail controls for the following potential pollutant's: (i) waste disposal, this may include construction debris, chemicals, litter, and sanitary waste; (ii) offsite vehicle tracking from construction entrances/exits; and (iii) the storage, application, generation and migration of all toxic substances. 5 C. The Licensee should implement good housekeeping techniques to eliminate contamination of site from machinery oil and fluid, temporary construction bathroom facility, contaminated soil or any other contaminated material. 13. Surrender of Staging Area/Licensee's Obligation for Restoration. Prior to expiration, or earlier termination of this Agreement, Licensee shall immediately surrender the Staging Site, remove Licensee's property from the Staging Site, and restore the Staging Site to the same condition as existed immediately prior to the Effective Date of this Agreement. Licensee's obligation to observe or perform this covenant shall survive the expiration or earlier termination of this Agreement. Continued occupancy of the Staging Site after expiration, or early termination, of the Agreement shall constitute trespass by the Licensee, and may be prosecuted as such. Additionally, the Use Fee shall continue to accrue until such time as Licensee has completely surrendered the Staging Site, removed all of Licensee's property and restored the Staging Site. 14. Construction of Agreement. The Parties to this Agreement have substantially contributed to the drafting and negotiation of this Agreement, and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than any other. The Parties acknowledge that they have thoroughly read this Agreement, including all exhibits and attachments hereto, and have sought and received whatever competent legal advice and counsel was necessary for them to form a full and complete understanding of all rights and obligations herein. 15. Notices. All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of Licensor and Licensee listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO LICENSEE: Florida Power& Light Company 700 Universe Boulevard Juno Beach, Florida 33408 (561) 805-2599 Attn: Ray Madison With copy to: Florida Power& Light Company 700 Universe Boulevard Juno Beach, Florida 33408 Attn: General Counsel TO LICENSOR: City of Miami Beach Parks and Recreation Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7000, Ext. 6399 6 With copy to: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7000, Ext. 6399 16. Entire Agreement. The making, execution and delivery of this Agreement by Licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This Agreement embodies the entire understanding of the Parties and there are no further or other agreements or understandings, written or oral, in effect between the Parties relating to the subject matter hereof. 17. Counterparts. This Agreement may be executed simultaneously or in counterparts, each of which together shall constitute one and the same agreement. For purposes of this Agreement, a facsimile, electronic or PDF copy shall be deemed to be an original. [Signatures appear on following page] 7 EXECUTED as of the day and year first above written. LICENSOR: Attest: CITY OF MIAMI BEACH, FLORIDA a Florida Municipal Corporation By: City Clerk Name: Alina T. Hudak Title: City Manager Date LICENSEE: Witness FLORIDA POWER& LIGHT COMPANY, a Florida corporation By: Signature Name: Print Name Title: Signature Print Name Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 8 City Attorney injr Date EXHIBIT "A" STAGING SITE 9 • • LEGAL DESCRIPTION: SEE SHEET.2 • SURVEY NOTES: • 1. PHYSICAL PAPER VERSIONS OF THIS SURVEY MAP OR THE COPIES THEREOF ARE NOT VALID.WITHOUT THE ORIGINAL SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER.: ELECTRONIC VERSIONS OF THIS SURVEY MAP HAVE BEEN OFFICIALLY SIGNED AND SEALED BY BENJAMIN B. HOYLE ON THE DATE ADJACENT TO. THE. SEAL PRINTED COPIES OF THIS DOCUMENT. ARE. NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE. MUST BE VERIFIED.ON ANY ELECTRONIC COPIES. • 2. GRID.BEARINGS AND COORDINATES:SHOWN HEREON ARE.RELATIVE.TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, MERCATOR PROJECTION, NORTH AMERICAN DATUM OF 1983 WITH A. 1990.ADJUSTMENT (NAD 83/90), AND;ARE BASED ON THE.BOUNDARY SURVEY_ OF THE MIAMI BEACH GOLF CLUB, PREPARED BY F.R. ALEMAN AND ASSOCIATES WITH A DATE OF JUNE 10TH, 2016, SIGNED BY FRANK PARUAS AND HAVING A • REFERENCE•BEARING OF NORTH 31.23'38" WEST ALONG THE NORTHEAST RIGHT—OF—WAY- LINE OF MICHIGAN AVENUE AS SHOWN ON SAID BOUNDARY SURVEY. 3. THIS. IS NOT A SURVEY.. 4. LANDS SHOWN HEREON WERE•NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS; OWNERSHIP; OR OTHER • INSTRUMENTS OF RECORD. 5. THE. LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED'BY THE SURVEYOR. " 6. THIS SKETCH AND DESCRIPTION IS CERTIFIED TO THE CITY OF MIAMI BEACH CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED,TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION AS PREPARED UNDER MY DIRECTION ON NOVEMBER 24, 2020. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF. PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA' ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON: . auawa�wuuu - • KCI TECHNOLOGIES, INCORPORATED Benjamin B i tfc,J`e a 4 Nu IN B. H 44 .;a 06769 - Hoyle s n o Q_ 2020.11 .24 4' STATE OF oma= BY: .BENJAMIN B. HOYLE,"P.S.M. s FLORIDA FLORIDA REGISTRATION NO. 6769 ''�a°''a�suer c1 3 43- 10010 TEMPORARY EASEMENT 5- 14: LEGAL DESCRIPTION: A PORTION OF SECTIONS 27 AND 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 14, BLOCK 11-A OF ''RESUBDIVISION OF BLOCK 11-A ISLAND VIEW ADDITION",. AS RECORDED IN PLAT BOOK 40, PAGE 12, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, ALSO BEING THE NORTHEAST CORNER OF LOT 13 OF SAID BLOCK 11-A (FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, . MERCATOR PROJECTION, NORTH AMERICAN DATUM OF 1983 WITH A 1990 ADJUSTMENT (NAD 83/90); UNITED STATES SURVEY FOOT COORDINATE VALUE: NORTHING (Y) = 532166.0398, EASTING (X) = 939393.5833);-THENCE SOUTH 68'54'38" EAST, 135.56 FEET TO A POINT ON THE NORTHEAST RIGHT-OF-WAY LINE FOR MICHIGAN AVENUE AS SHOWN ON THE BOUNDARY. SURVEY OF THE MIAMI BEACH GOLF CLUB, PREPARED BY F.R. ALEMAN AND ASSOCIATES WITH A DATE OF JUNE 10TH, 2016, SIGNED BY FRANK PARUAS; THENCE DEPARTING SAID RIGHT-OF-WAY. LINE NORTH 01'46'33 WEST, 36.90 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO. THE SOUTHWEST.WITH A RADIUS OF 60.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32'12'00", 33.72 FEET; THENCE NORTH 33'58'33" WEST, 85.34 FEET;THENCE NORTH 22'31'27 WEST, 13.63. FEET; THENCE NORTH 34'18'40" WEST, 57.82 FEET TO THE POINT OF BEGINNING (FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, MERCATOR PROJECTION, NORTH AMERICAN DATUM OF 1983 WITH A 1990 ADJUSTMENT (NAD 83/90), UNITED STATES SURVEY FOOT COORDINATE VALUE: NORTHING (Y) = 532316.9305, EASTING (X) =' 939423.2006), THENCE NORTH 34'18'40' WEST, 55.45 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO, THE SOUTHWEST, HAVING A RADIUS OF 630.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06'34'27", AN ARC DISTANCE'OF 72.29 FEET TOA POINT OF REVERSE CURVATURE. OF A CURVE CONCAVE TO THE.NORTHEAST HAVING A RADIUS OF.150.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF. 18'11'35", AN ARC DISTANCE OF 47.63 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST.HAVING A RADIUS OF 160.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF,07'51'39", AN ARC DISTANCE OF 21.95 FEET; THENCE NORTH 30'33'10" WEST, 82.58 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE' EAST HAVING A RADIUS OF 60.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 61'05'37"; AN ARC DISTANCE OF 63.98 .FEET; THENCE NORTH 30'32'27" EAST, 232.05 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ALTON ROAD AS SHOWN ON SAID BOUNDARY SURVEY OF THE MIAMI BEACH GOLF CLUB; THE NEXT SEVEN (7) CALLS ARE ALONG SAID EASTERLY RIGHT-OF-WAY LINE.OF ALTON ROAD: 1) THENCE NORTH 39'19'22" EAST, 151.98 FEET; 2) THENCE NORTH 50'40'38" WEST, 3.00 FEET; 3) THENCE NORTH 39'19'22" EAST, 166.86 FEET TO A POINT OF CURVATURE.OF.A' CURVE. CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 801.39. FEET; 4) THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL.ANGLE OF 02'32'09"; AN ARC DISTANCE OF 35:47 FEET; 5) THENCE NORTH 53'12'47" WEST; 4.00 FEET TO A POINT ON 'A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 797.39 FEET (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 53'12'47 EAST); 6).THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH. A CENTRAL ANGLE OF 38'37'30", AN ARC DISTANCE OF 537.55; 7) THENCE NORTH 01'50'17" WEST, 416.75 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 88'09'43" EAST,. 22.00 FEET TO A:POINT ON A LINE EAST .OF AND PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE OF ALTON ROAD; THENCE ALONG SAID PARALLEL LINE SOUTH 01'50'17" EAST, 416.75 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING 'A RADIUS OF 819.39 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41'09'41", AN ARC DISTANCE OF 588.65 FEET;. THENCESOUTH 39'19.'22" WEST, 317.68. FEET; THENCE .DEPARTING SAID PARALLEL LINE SOUTH 30'32'27'.' WEST, 230:90 FEET TO A POINT OF CURVATURE OF A'CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 45.00. FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 61'05'37", AN ARC DISTANCE OF 47.98.:FEET; THENCE SOUTH 30'33'10" EAST, 82:58 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO.THE SOUTHWEST HAVING'A RADIUS OF 175.00 FEET; THENCE SOUTHEASTERLY ALONG.THE ARC.OF SAID. CURVE THROUGH A CENTRAL ANGLE OF OT51'39", AN ARC .DISTANCE. OF 24.01 FEET TO A POINT OF REVERSE CURVATURE OF A:CURVE CONCAVE TO THE NORTHEAST HAVING A. RADIUS OF 135.00, FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18'11'35", AN ARC DISTANCE OF 42.87 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 645.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARG OF SAID.CURVE THROUGH A CENTRAL ANGLE OF 06'34'27", AN ARC DISTANCE OF 74.01 FEET; THENCE SOUTH :34'18'40" EAST, 55.45 FEET; THENCE SOUTH 55'41'20" WEST, 15:00 FEET TO THE POINT OF BEGINNING SAID LANDS LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA, CONTAINING 35,581 SQUARE FEET (±0.8168 ACRES) MORE OR LESS. TEMPORARY EASEMENT 2:\PROJECTS\511900148 POWER\02LALTON-VENERAN_EASEMENTS\SURVEY\CAD\AV TEMP_PIPE_LAYDOWN\511900148 SD-AV_TEMP_PIPE_AYDOWN_GOLF_COURSE.DWG SKETCH AND DESCRIPTION' DATE 11/24/2020 DATE. REVISIONS ENGINEERS I PLANNERS I SCIENTISTS MIAMI BEACH GOLF CLUBCONSTRUCTION MANAGERS SCALE' AS SHOWN �- 6500 N.Andrews Avenue•Fon1audmlale,FL33309 A. :I..C)RTIQIN. .OF. SECTIONS: 27 . 954.776.1616•wwvckd.cum AND 34, TOWNSHIP 53-SOUTH, FIELD BK. N/A K.C I LI NSEDBUSINESSNO.6901 RANGE' 42 EAST CITY OF. MIAMI BEACH, DWG. BY SKN MIAMI-DADS COUNTY, FL CHK. BY . .BBH SHEETNO.o. 2 of SHEETS. ' 8 PROJECT NO. 511900148.02E i t.. ,_ \ S_14°18'40"E MATCHLINE � ' \ ' ® . 7 ' SEE' SHEET 4 . /. \''''.' '�,?, N34 18 40 "W .45 o ; „ \- , �'$'" 55.,45' ,\ MORARY EASEMENT AREA \ o *. S55"41i'20"W i" �o So'lCi �\P'0'H'-- MIAMI BEACH GOLF CLUB ,o'cti,.$",, N-532316.9305- \ 15 00' FOLIO: 02-3227-000-0100 ` .- ;,c 'r(�,1, EI939423.2006y. , „ OWNER: CITY OF MIAMI BEACH- -' �'O�'y ,, N34' 18 40 W s- .• '�' - �_ A PORTION OF. SECTIONS 27 & 34, 17 57.8-' TOWNSHIP 53, RANGE 42 EAST 16 �� • \ . .a Jy_. m2��\ \ C <: . :p . 4 F�ya� \ N22�31'27"W ' G' Gti�F0` 4ti \ \/13 63'' / 15 OF \ <�.Fa GkF�\ \ . oGs. �+ • SB gigFSVC1Vt \. � eFy \ .:N3351'33"W 13ZE �MoG •'. \.. y4 ' � .85.34 �y \ . '. - Iii):a• 4:2:-''. -- - \ .33- 0 \ N ' . 1 ' . . '- '.-, ' Y 14 ‘, Atso<�* t\' \ 4=32'412'00„ j . IP•ce,. \ ',', \ ,/ L=33 R4:60.00' I . . p9 � I _ • I- N-532166.0398 ``\ S68o�4 3e» "N01��6'33"W I 36.9 E�939393.5833 . ' SOUTHEAST CORNER -"•-,,.5.6.) -. LOT 14 I I ' 1'3 BLOCK 11-A / I '(o Ply G�9 `L 19TH ST._. oJ ��\�o�� — . .. 70' RIGHT—OF—WAY).. r. �O��F,0(P.B. 40. PG. 12, M.D.C.R.) 0, . . SJR . \C\ . LEGEND• M.D:C.R. MIAMI DADE COUNTY RECORDS LB LICENSED BUSINESS . P.B. PLAT BOOK .: . PG. . PAGE . GRAPHIC SCALE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT 50' 0 50.' . P.S.M.. PROFESSIONAL SURVEYOR AND MAPPER R •• ' RADIUS A CENTRAL ANGLE . ' ( -IN FEET ) . L ' ARC LENGTH RW. RIGHT—OF—WAY TEMPORARY EASEMENT SQ. FT. SQUARE FEET Z:\PROJECTS\51.190D148:POWER\02L_ALTON-VENENW_EASEMENTS\SURVEY\CAD\AV_TEMP_PIPE_LAYDOWN\511900148 SD-AV_TEMP_PIPE_LAYDDWN_GOLF_COURSE.DWG SKETCH AND DESCRIPTION. DATE 11/24/2020 DATE REVISIONS � ENGINEERS I PLANNERS I SCIENTISTS MIAMI BEACH GOLF CLUB. CONSTRUCTION MANAGERS A. PORTION .OF. SECTIONS .27 . SCALE' AS SHOWN 6500N.,,nd,w,Avenue.F ;suder,,,,,F1.333 954.776:1616•www.kdmm AND 34, TOWNSHIP 53 SOUTH, FIELD BK. N/A K C I UcExsm6USINEsswo.6sm RANGE 42 EAST CITY OF MIAMI BEACH, • DWG. BY SKN SHEET NO. 3 OF __8_SHEETS. MIAMI-DADE COUNTY, FL . CHK. BY ,. BBH PROJECT NO: 511900148.02L' / ' • N30°32'27"E 7.—— 7—7 MATCHLINE GRAPHIC SCALE 232.05')K ii if SEE SHEET 5 50' 0' 50' I / icS30°32127"'W 1Wi .0 , , ... . / ,/- ,/ 230.90' ( IN FEET ) ' ' / / 6 „ V'. / / MIAMI BEACH GOLF CLUB / / FOLIO: 02-3227-000-0100 / OWNER: CITY OFSECTIONSOFMIA M 2 I BEACH7se • APORTION 34 i / ' I I TOWNSHIP 53, RANGE 42- EAST I A=61005'37" ' ligkIt4412.<11•, 1 a 1 L=63.989, R=60.009 • ° -° , ' I vreot,62,0, -\\ : , 1, t'\_A=61°05'37" % % L=47.98', R=45.00' \ •-%-;--TEMPORARY EASEMENT AREA 9.e* V'.-rc 12- v st 4„,„0. 13.eps,e00.,,,_:._ . . S30°33'10"E 1-s" V" \ N \(-82.58' 6 ‘ CI \ • ‘ -------......... "fl.... , N\L3\,0. °33'10A"W y\' ‘' , \ yA...=.,07--°51'A3 9 „ 82.58' ' ( \ / L=24 01', R_ 175.00 9 ) ' =07°51'39"_ i - v -18°11'35" / / =21.95 R=160 00\ y - L=42.87', R= 135.00' . ‘ \ /' \ A=18°11'35" \ • / L4763', R=150.00 \ ' )c \ • . \c7,,\ ' A=06°34'27" ./ ‘ \ • ,..,- % _......- , _ . \ _„ .'":5-) `-c--- L=74.01 , R-645.00' Y .\ A=06°34'27Th/ •6 ' • Ir • I • L='72.29', R=630.00' \ \\o• \ • • ' \ \\ ,‘-t. v S34°18,40„E I . MATCHLINE \ N34°18'40"W \ , stic' '‘C55.45' 1 • SEE SHEET 3 \ 55.45' \ LEGEND: M.D.C.R. MIAMI DADE COUNTY RECORDS R RADIUS LB LICENSED BUSINESS A CENTRAL ANGLE P.B. PLAT BOOK L • ARC LENGTH • \ PG. PAGE R/W RIGHT—OF—WAY P.O.B. POINT OF BEGINNING SQ. FT. SQUARE FEET • P.O.C. POINT OF COMMENCEMENT P.S.M. PROFESSIONAL SURVEYOR AND MAPPER TEMPORARY EASEMENT Z:\PROJECTS\511900148 POWER\02L_ALTON-VENETIAN_EASEMENTS\SURVEACADVV_TEMP_PIPE_LAYDOWN\511900148 SD-AV TEMP_PIPE_LAYDOWN_GOLF COURSE.DWG SKETCH AND DESCRIPTION DATE 11/24/2020 DATE REVISIONS .... ENGINEERS I PLANNERS I SCIENTISTS •MIAMI BEACH GOLF CLUB _,.....-4= CONSTRUCTION MANAGERS /6 POR-110N OF SECTIONS 27 SCALE AS SHOWN ,. ,,.. 6500 N.Andrews Avenue•Fort Lauderdak,FL 33309 • AND 34, TOWNSHIP 53 SOUTH, FIELD BK. N/A K C I• 9u54a;6m.,68,v6siii,,,,wEssNko..... 6901 RANGEI 42 EAST DWG. BY SKN CITYOF. MIAMI BEACH, SHEET NO._i_.OF _aSHEETS • MIAMI-DADE COUNTY, FL 1 CHK. BY'. BBH • PROJECT NO. 511900148.02L MATCHLINE N / ,,. 7 / - SEE SHEET 6 N ,' A / / / q. '1,43./ / / .X 'S ,,j. /. • N '. 4 . .TEMPORARY EASEMENT AREA •Y /' S, /A• �c1 / .s. N ,/ N50"40'38"W `,G N ' 3.00' ,. /b /,41 .. . sy/ \ /. meq/ �/ OPS cb/ 24,E G�1' `� . ,W . c.ti you ✓/ 4.,..;:,4.", q, :/ I ltio . '/ / ��' ->,�# 7 / /d? o,t 0° /'45/. /p• MIAMI BEACH GOLF CLUB 0 o O/ . / b FOLIO: 02-3227-000-0100 �� !(CZ/,. M OWNER: CITY OF MIAMI BEACH Q dj /- /y A PORTION OF SECTIONS 27 & 34, i / /4" TOWNSHIP 53, RANGE 42 EAST 4/ ACV /. ;+41?/ /c+M LEGEND: " "oM/ /gip M.D.C.R. MIAMI DADE COUNTY RECORDS / O/ /.0 MATCHLINE LB LICENSED BUSINESS .4-/ / SEE SHEET 4 _ . P.B. PLAT BOOK PG. PAGE P.O.B. POINT OF BEGINNING GRAPHIC SCALE P.O.C. POINT OF COMMENCEMENT 50' 0 50' P.S.M. PROFESSIONAL SURVEYOR AND MAPPER R RADIUS A CENTRAL ANGLE ( IN FEET ) L ARC LENGTH R/W RIGHT-OF-WAY TEMPORARY.EASEMENT SQ. FT. SQUARE FEET 2:\PROJECTS\511900148 POWER\02L_ALT0N-VENETIAN_EASEMENTS\SURVEACAD\AV TEMP_PIPE_LAYDOWN\511900148 SD-AV_TEMP_PIPE_LAYDOWN_GOLF_COURSE.DWG SKETCH AND DESCRIPTION DATE 1 1/24/2020 DATE REVISIONS ENGINEERS I PLANNERS I SCIENTISTS MIAMI BEACH GOLF CLUB == CONSTRUCTION MANAGERS' A PORTION OF SECTIONS 27 SCALE AS SHOWN 16, 1 ammmoill 6500II.Andrews ao®ue•Fan Lauderdale,F7 33309 K I 954.776.1616•www:kci.mm AND 34, TOWNSHIP 53 SOUTH, FIELD BK. N/A C UcENSEDOIISINESSN0.6901 RANGE 42 EAST CITY OF MIAMI BEACH, DWG. BY SKN _ SHEET NO._ 5 OF _8—SHEETS MIAMI—DADE COUNTY, FL CHK. BY BBH PROJECT NO. 511900148.02L' MATCHLINE. EE SHEET 7 . _ /.: / . • / . . / . • A=38°37'30"R=797.39'—\\/ 39' = 9 e L=537.55', • / . . • / . / I/ / A=41°09'41 m•,, / / L=588.65', .R=819.39' ..\ /. . 0: p4QQ" /. . . \ A.r �>. / .---/—TEMPORARY EASEMENT oa cli, / i ' . •P�� c'§ ' / q' 000'`0 / 4' o=:,&,5)? ,= / .. / Ar i ,- o `•��`Qd N53"12'47"W ., ' ® MIAMI`BEACH GOLF CLUB r 1' `/ 4° / FOLIO: 02-3227-000-0100. �s-11:- �1.t 4.00' o A OWNER: CITY OF MIAMI BEACH a \ j / / A PORTION OF SECTIONS 27 & 34, .1`.' 'j R� ;TOWNSHIP 53,:RANGE 42 EAST. 0=02°32'09 0 L=35.47', R=801.39' '. �`� / —\y. c / LEGEND: N39°19'22," s, / 1,� / cb M.D.C.R: MIAMI DADE.:COUNTY RECORDS 166.86' YJp LB LICENSED BUSINESS / �yy _539. 19 22 W MATCHLINE P.B. PLAT:BOOK _. e 317.68' SEE SHEET_..5 . PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT GRAPHIC SCALE P.S.M. PROFESSIONAL SURVEYOR AND 50' 0 50' MAPPER R RADIUS A CENTRAL ANGLE ( IN. FEET) L ARC LENGTH R/W RIGHT-OF-WAY TEMPORARY EASEMENT _ SQ. FT. SQUARE FEET 2:\PROJECTS\511900148.POWER\02L_.ACTON-VENETIAN_EASEMENTS\SURVEY\CAD\AV.TEMP_PIPE_LAYDOWN\511900148 SD-AV_TEMP_PIPE_LAYDOWN_GOLF_COURSE.DWG SKETCH AND DESCRIPTION DATE 11/24/2020 DATE REVISIONS ENGINEERS I PLANNERS I SCIENTISTS MIAMI BEACH GOLF CLUBCONSTRUCTION MANAGERS A :PORTION OF SECTIONS 27 SCALE AS SHOWN -- :CA 500 N:11r67"7:: 1r67 7::Fm[Lmd'61;FL 33309 954.776:1616•wwwka.cum AND 34, TOWNSHIP 53 SOUTH,- FIELD BK. N/A K C I U[ENSEDBUSINESSNO.6901 RANGE. 42 EAST DWG BY SKN . CITY OF MIAMI BEACH, SHEET NO. 6 OF SHEETS MIAMI—DADE COUNTY, FL CHK: BY BBH PROJECT NO. 511900148.02L —r — MATCHLINE - I SEE SHEET 8 A . csi cp . 7111Imo' C I LW d i�,1 Imo;71 ' o . I` MIAMI BEACH GOLF CLUB if) Up I e. FOLIO: 02-3227-000-0100 g I OWNER: CITY OF MIAMI BEACH Z 0 1 C AA PORTION OF.SECTIONS.27 & 34, TOWNSHIP 53, RANGE 42 EAST ®9 I t IEd; L=38"37'30„ :.; i , 1 L=537.55', R=797.39'1 g I 1 A=4109'41". �og L=588.65 , iR=819:39 `S Q a nf) o WE / +II zoo .. KWQa. >. I _ I °E"'4' I . . W o j I ,_"-g TEMPORARY o o . EASEMENT aoo � AREA a Z LEGEND: o IM.D.C.R. MIAMI DADE COUNTY RECORDS 3 / o � LB LICENSED BUSINESS �co MATCHLINE P.B. PLAT BOOK - — SEE SHEET 6. PG. PAGE P.O.B. POINT OF BEGINNING GRAPHIC SCALE • • P.O.C. POINT OF COMMENCEMENT 50' 0 • 50' P.S.M. PROFESSIONAL SURVEYOR AND MAPPER R RADIUS 0 CENTRAL ANGLE ( IN FEET ) L ARC LENGTH R/W RIGHT-OF—WAY TEMPORARY EASEMENT SQ. FT. SQUARE FEET Z:\PROJECTS\511900148 POWER\02L ALTON-VENETIAN_EASEMENTS\SURVEY\CAD\AV_TEMP_PIPE_LAYDOWN\511900148.SD-AV_TEMP_PIPE_LAYDOWN_GOLF_COURSE.DWG SKETCH AND DESCRIPTION. DATE 11/24/2020 DATE REVISIONS =w4Iim ENGINEERS I PLANNERS I SCIENTISTS MIAMI BEACH GOLF CLUB CONSTRUCTION MANAGERS. A :PORTION OF SECTIONS 27 SCALE AS SHOWN �� 6500 N.Andrews Avenue•Fort Lauderdale,Fl.33309 954776.1616•wwwkd.eam KCI AND 34, TOWNSHIP 53 SOUTH, FIELD BK. N/A UE115EDBVSINE55NO.6901 RANGE. 42 EAST CITY OF MIAMI BEACH, DWG. BY SKN - . SHEET NO. 7 OF _a—SHEETS MIAMI-DADE COUNTY, FL CHK'. BY BBH PROJECT N0. 511900148.02L' I . IN88"09'43"E I I .` wmia a.HJnc ANy zoo 1 o -a F I :% a:o .- c..)w . Z o � �. I w I I L-3 ! ® MIAMI`'BEACH GOLF CLUB m- ., \ .I FOLIO: 02-3227-000-0100 200 I OWNER: CITY OF MIAMI BEACH o% .I E I A PORTION OF SECTIONS' 27 & 34, m w TOWNSHIP 53, RANGE 42 EAST N01"50'17" 1 rI W . . , ea 416.75'- -H I SO i"50'17"E I I 4.16.75' '—TEMPORARY 1. EASEMENT LEGEND: I AREA M.D.C.R. MIAMI DADE COUNTY RECORDS $ 1. MATCHLINE LB LICENSED BUSINESS I. I SEE. SHEET. 7 P.B. PLAT BOOK - -- -- ---- -ir--r.:,,—. PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT GRAPHIC SCALE . P.S.M. PROFESSIONAL SURVEYOR AND MAPPER 50' 0 50.' R RADIUS 1 %!1_ -il A CENTRAL ANGLE ( IN FEET .. L ARC LENGTH. R/W RIGHT-OF-WAY TEMPORARY EASEMENT : SQ. FT: SQUARE FEET Z:\PROJECTS\511900148 POWER\02L-ALTON-VENETIAN_EASEMENTS\SURVEY\CAD\AV_TEMP_PIPE_IAYDOWN\511900148.SD-AV_TEMP_PIPE_LAIDOWN_COLF_COURSEDWG SKETCH AND DESCRIPTION DATE 11/24/2020 DATE : REVISIONS ENGINEERS I PLANNERS I SCIENTISTS MIAMI BEACH GOLF CLUB CONSTRUCTION MANAGERS A. PORTION OF SECTIONS .27 . . SCALE AS SHOWN. . . -- 6500 N.Andrews Avenue•Fat l udentak,FL 33309 954.776.1616•www.kd.com AND 34, TOWNSHIP 53 SOUTH, FIELD BK. N/A K'C 1LICENSED 0USINESSNO.6901 RANGE 42 EAST DwG. BY SKN CITY OF' MIAMI BEACH, SHEET NO. 8 'OF SHEETS MIAMI—DADE COUNTY, FL CHK. BY BBH PROJECT NO. 511900148.02L