Utility Easement Agreement between TALMUDIC COLLEGE 4000 ALTON ROAD, INC. and CMB CJRlCD tv(Arc TO
g, t? t rLo EU.
This instrument prepared by:
Name: Matthew Amster, Esq. 136:-- l27 z?r�in� )
Address: Bercow Radell Fernandez Larkin&Tapanes,PLLC
200 S. Biscayne Boulevard, Suite 850
Miami,FL 33131
05- f 17/7 t0
(Space reserved for Clerk)
PERPETUAL NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT
FOR WATER MAIN
THIS GRANT OF A PERPETUAL NON-EXCLUSIVE UTILITY EASEMENT FOR
EXISTING 36-INCH (36") WATER MAIN ("Agreement") is entered into this 1 9 day of
tl�c�s't' 2020 ("Effective Date"), between the TALMUDIC COLLEGE 4000 ALTON
ROAD, INC.("Talmudic")and M-4000 ALTON OWNER,LLC("M-4000")and their successors
and assigns (hereinafter collectively called GRANTOR), and the CITY OF MIAMI BEACH
("CITY"), a municipal corporation of the State of Florida, and its successors and assigns
(hereinafter called GRANTEE).
RECITALS
A. Talmudic is the owner of that certain improved real property located in the CITY,
with a street address of 4000 Alton Road, identified by Miami-Dade County Folio No. 02-3222-
011-0430 and legally described on Exhibit"A" attached hereto and by this reference made a part
hereof("Talmudic Site") .
B. M-4000 is the owner of that certain improved real property located in the CITY,
which is adjacent to the Talmudic Site,identified by Miami-Dade County Folio No. 02-3222-011-
0432
2-3222-011-
0432 and legally described on Exhibit"B"attached hereto and by this reference made a part hereof
("M-4000 Site").
C. The CITY owns and maintains a subterranean water main in the northwest corner of
the Talmudic Site and the M-4000 Site,adjacent to the CITY's Water Pump Station No.41,located
at 1050 4152 Street,Miami Beach,Florida 33140.
D. Pursuant to the Agreement Concerning the City of Miami Beach Water Main at 4000
Alton Road, dated August 8, 2014, and Talmudic's related purchase of property from Florida
Department of Transportation, as evidenced from that certain Quit Claim Deed,dated August 19,
2014, recorded in Official Records Book 29276, at Page 1368, of the Public Records of Miami-
Dade County, Florida, GRANTOR is required to provide GRANTEE with a perpetual utility
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easement to access, maintain,repair, replace, relocate or remove the WATER MAIN located on a
portion of the Talmudic Site and the M-4000 Site(collectively,the"GRANTOR's Property").
E. On October 22, 2014, the Mayor and City Commission adopted Resolution No.
2014-28779, approving and accepting an easement from GRANTOR, located in the northwest
corner of the Talmudic Site and M-4000 Site, adjacent to the CITY's water pump Station No. 41,
for the maintenance, repair, replacement, relocation, and removal of the CITY's water main; said
Resolution recorded on June 15,2016,under CFN: 20160348829, in Official Records Book 30114,
at Page 2755, of the Public Records of Miami-Dade County,Florida.
NOW THEREFORE, the GRANTOR, for and in consideration of the sum of TEN
DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged,the parties hereby agree as follows:
GRANT OF EASEMENT
1. Recitals. The above recitals are true and correct, and are hereby incorporated into
this Agreement.
2. Consideration and Description. The GRANTOR, for and in consideration of the
sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, hereby grants to the GRANTEE, a perpetual non-
exclusive EASEMENT (the "EASEMENT") on, over, and under a portion of GRANTOR's
Property,as such property is more specifically described and delineated in EXHIBIT"C,"attached
hereto and made a part hereof (the "EASEMENT AREA"), for the purposes of accessing,
constructing, installing, operating, maintaining, repairing, replacing, upgrading, relocating,
removing and/or abandoning (as defined in Section 5) GRANTEE's existing 36-inch (36") water
main, as may be upgraded from time to time("WATER MAIN"), together with the non-exclusive
right of ingress,egress and regress on,over and through the Talmudic Site and M-4000 Site,as may
be reasonably required to access the EASEMENT AREA.
3. Grantor's Fence Obligation.
3.1 Within sixty(60)days of the execution of this EASEMENT, GRANTOR, at its sole
cost and expense,shall install a chain link fence(which may include an access gate for GRANTOR)
and thereafter for the Term provided herein shall, at its sole cost and expense, maintain said fence
in good repair on the western and southern boundary lines of the EASEMENT AREA to demark
the EASEMENT AREA as off-limits to GRANTOR, subject to the provisions of Section 4.2 and
Section 7. Damaged or broken sections, unless caused by GRANTEE, shall be repaired by
GRANTOR within a reasonable timeframe, but not later than five (5) business days after written
notice from GRANTEE. Damaged or broken sections caused by GRANTEE shall be repaired by
GRANTEE within a reasonable timeframe, but not later than five (5) business days after written
notice from GRANTOR.
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4. Uses.
4.1 The GRANTEE shall use the EASEMENT and the EASEMENT AREA during the
Term provided herein for the express purposes provided in Section 2 hereof, and more specifically
described in this Section 4. GRANTEE shall, at all times,utilize the EASEMENT AREA so as not
to unreasonably interfere with the GRANTOR'S operation and maintenance of those areas of the
Talmudic Site and M-4000 Site which are not included within the EASEMENT AREA. It is hereby
agreed that GRANTEE has the right,during normal business hours,to enter and investigate the use
of the EASEMENT AREA to verify compliance with the conditions of this Easement.
4.2 The GRANTOR shall have the right to full use and enjoyment of the Talmudic Site
and M-4000 Site, except for such use as may unreasonably interfere with the exercise by the
GRANTEE of the rights granted under this EASEMENT. The GRANTOR shall have full right to
enter upon the EASEMENT AREA without notifying GRANTEE in order to conduct GRANTOR's
Ongoing Maintenance Responsibilities(as defined in Section 7);for other non-emergency purposes
upon twenty-four(24)hours' written notice, which may be provided by e-mail,to the DIRECTOR
OF PUBLIC WORKS or his designee; and in the event of an emergency,upon a telephone call to
said DIRECTOR OF PUBLIC WORKS or his designee, followed simultaneously with an e-mail.
However, GRANTOR shall be prohibited from obstructing GRANTEE's access to, or use of, the
EASEMENT AREA. GRANTOR shall not construct, or permit to be constructed, any structure or
improvement, on or over the EASEMENT AREA, except for the installation and maintenance of
greenscape, which may be installed by GRANTOR, at its sole discretion and cost. Additionally,
GRANTOR shall be prohibited from parking construction vehicles or staging of construction
materials on the EASEMENT AREA for the Term of the EASEMENT.
Nothing contained herein shall be construed as prohibiting the GRANTOR, at its
discretion(but not as its duty), from assisting or acting in an emergency affecting safety of persons
or property. However, in providing such assistance or in taking such action(s), the GRANTOR
shall only be responsible for its own costs(if any)associated therewith for those actions taken during
emergencies not caused by GRANTEE'S activities and use of the EASEMENT AREA. GRANTEE
will only be responsible for costs associated with these emergency actions in the event the
emergency was caused by GRANTEE's activities and use of the EASEMENT AREA, and prior to
GRANTOR undertaking these emergency measures, the DIRECTOR OF PUBLIC WORKS or his
designee were notified via a phone call, followed by an e-mail, and GRANTEE did not respond to
the emergency situation within a reasonable amount of time under the circumstances.
4.3 Fifteen(15)days prior to initiating any work in the EASEMENT AREA(excluding
work related to GRANTOR's Ongoing Maintenance Responsibilities),GRANTOR shall notify the
CITY MANAGER and the DIRECTOR OF PUBLIC WORKS of specific details of the scope of
work, and work shall only begin upon the written approval of the scope of work or reasonable
modifications thereto by the CITY MANAGER and/or the DIRECTOR OF PUBLIC WORKS
and/or their assigned designees.
4.4 The GRANTEE may use the EASEMENT AREA for the following purposes:
(a) for ingress and egress to the EASEMENT AREA,construction,installation,operation,
maintenance, repair, replacement, relocation, upgrade, and future removal and/or Abandonment
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activities("GRANTEE's Work")related to the WATER MAIN.GRANTEE shall enter and exit the
EASEMENT AREA from the north side of the EASEMENT AREA, and shall only be permitted to
access the EASEMENT AREA from the Talmudic Site and M-4000 Site to the extent access is not
reasonably available from the north side of the EASEMENT AREA. Other than for access,as may
be reasonably required, GRANTEE shall not be permitted to stage or store any materials and/or
utilize any portion of the Talmudic Site and M-4000 Site located outside of the EASEMENT AREA;
and
(b) GRANTEE's Work related to the WATER MAIN to be performed within the
EASEMENT AREA; and
4.5 The GRANTEE shall take reasonable precautions within the EASEMENT AREA
for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to,
persons or property including, without limitation, employees, visitors to and residents of the
surrounding site and those portions of the site and buildings adjacent to the EASEMENT AREA.
4.6 The GRANTEE shall not encroach upon the Talmudic Site or M-4000 Site beyond
the boundaries of the EASEMENT AREA.
4.7 Following completion of GRANTEE's Work, Grantee shall remove any and all
garbage,waste materials,or rubbish caused by GRANTEE's Work activities and restore the surface
of the EASEMENT AREA to the pre-existing grades,in existence at the time of the commencement
of GRANTEE's Work.
5. Term. This EASEMENT shall remain in full force and effect and shall be binding
upon the GRANTOR of the Talmudic Site and M-4000 Site, its successors in interest and assigns,
for a period of thirty(30)years, and for successive ten(10)year periods thereafter,from the date of
this instrument is recorded in the Public Records of Miami-Dade County, Florida ("Term"). This
time period will be automatically renewed unless released upon a petition for removal,modification
or amendment of condition is approved by an act of the City Commission. The EASEMENT and
rights granted herein shall be perpetual and shall be possessed and enjoyed by the GRANTEE, its
successors and assigns,for the purposes stated herein. Notwithstanding the foregoing,in the event
GRANTEE determines that it will no longer use the EASEMENT AREA or the WATER MAIN
("Abandonment"), GRANTEE shall terminate the EASEMENT, as evidenced from a written
notification from GRANTEE to GRANTOR, and GRANTEE shall be permitted to conduct any
work which GRANTEE determines is needed in connection with the Abandonment activities, and
shall further record a Notice of Termination of the EASEMENT in the public records of Miami-
Dade County, Florida. Upon termination, GRANTEE and GRANTOR will no longer have any
rights in conjunction with the easements granted herein, other than terms that survive the
termination of this EASEMENT.
6. Hours of Operation. GRANTEE may utilize the EASEMENT AREA during the
Term without GRANTOR'S prior written approval, during the following permitted days and hours
of operation:
(a) . For ingress egress -- at any time or times, provided GRANTEE complies with the
CITY'S Noise Ordinance(as same may be amended from time to time);and
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(b) For GRANTEE's Work related to the WATER MAIN to be performed within the
EASEMENT AREA-in accordance with the permitted hours of construction for the zoning district
within which the EASEMENT AREA is located, as such hours are set forth in Section 46-156 of
the City of Miami Beach Code ("City Code"), as same may be amended from time to time.
Notwithstanding the above, GRANTEE shall make best efforts to avoid conducting any activities
in the EASEMENT AREA on Shabbat and Jewish Holidays.
(c) In the event that emergency repairs are needed,GRANTEE shall have access to the
EASEMENT AREA at any time or times.
7. Maintenance. At all times during the Term, the GRANTEE, at its sole cost and
expense, shall maintain the WATER MAIN and make all repairs deemed necessary by GRANTEE,
in its reasonable discretion. GRANTOR,at its sole cost and expense,shall properly and adequately
maintain the remainder of the EASEMENT AREA in a safe, clean and neat condition, and shall
make all repairs necessary to keep the EASEMENT AREA in such condition (GRANTOR's
Ongoing Maintenance Responsibility").
8. Indemnification
8.1 To the fullest extent permitted by law, and subject to the conditions and
limitations provided for tort claims under Section 768.28, Florida Statutes, GRANTEE, shall
indemnify and hold harmless GRANTOR, its officers and employees (collectively "GRANTOR
Indemnified Parties"),from any costs,liabilities,claims, losses, and damages (including, without
limitation, reasonable attorneys' fees and disbursements at the trial level and all levels of appeal),
whether suit is instituted or not, relating to death of or injury to persons, or loss of or damage to
property, resulting from, arising out of,or incurred in connection with the use of the EASEMENT
AREA by GRANTEE, and/or its employees, contractors, and agents (collectively, "GRANTEE
Indemnifying Parties").
8.2 GRANTEE shall also, as part of the indemnification provided to GRANTOR
pursuant to subsection 8.1, defend any and all claims asserted against GRANTOR resulting from,
arising out of, or incurred in connection with the use of the EASEMENT AREA by GRANTEE
Indemnifying Parties. GRANTEE shall be entitled to select counsel of GRANTEE'S choice to
defend the claim.
8.3 Notwithstanding anything contained in Section 8 to the contrary, GRANTEE shall
not be obligated or liable to GRANTOR, or any third parties, for any costs, liabilities, expenses,
losses, claims or damages, with respect to third party claims, for amounts in excess of those
limitations on the statutory sovereign immunity provided to GRANTEE under Section 768.28,
Florida Statutes (or any successor statute thereto); or with respect to the portion of those claims
resulting from the negligence, recklessness or willful misconduct of GRANTOR Indemnified
Parties.
8.4 The indemnity and defense obligations set forth in this Section 8 including,
without limitation, the provisions of subsection 8.3, shall survive the expiration of the Term or
any termination of this EASEMENT regarding any and all costs,liabilities, claims, losses,and
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damages (including, without limitation, reasonable attorneys' fees and disbursements at the trial
level and all levels of appeal), whether suit is instituted or not, relating to death of or injury to
persons, or loss of or damage to property, resulting from, arising out of, or incurred in
connection with the use of the EASEMENT AREA by GRANTEE Indemnifying Parties prior to
the expiration of the Term or other termination of the EASEMENT, whether or not such costs,
liabilities,claims,losses, and/or damages were known or unknown, accrued or unaccrued,as of the
date of expiration of the Term or other termination of the EASEMENT.
8.5 Notwithstanding anything to the contrary contained in this Section 8, GRANTEE
shall not be liability for any pre-existing subsurface conditions of the EASEMENT AREA.
For purposes of this subsection 8.5, "pre-existing subsurface conditions" shall be defined as
pre-existing, unknown subsurface conditions of an unusual nature, which differ materially from
those generally encountered at a site of a similar nature such as artillery or methane gas buildup
from mining or well drilling practices, and which require remediation for the protection of public
health,safety or the environment pursuant to local,state or federal laws and regulations. However,
"pre-existing subsurface conditions" shall not include any existing utility and/or service lines,
whether known or unknown.
9. Notices. All notices, requests, consents and other communications required
or permitted under this EASEMENT shall be in writing and shall be(as elected by the person giving
such notice) hand-delivered by messenger or courier service; e-mailed, to the extent specifically
authorized elsewhere in the EASEMENT or mailed (airmail, if international) by registered or
certified mail (postage prepaid), return receipt requested; or sent by any form of overnight mail
service, addressed to:
AS TO GRANTOR:
Talmudic: Rabbi Yitzchak Zweig
4000 Alton Road
Miami Beach, Florida 33140
Facsimile: 305-534-8444
WITH COPIES TO: Bercow Radell Fernandez Larkin &Tapanes, PLLC
200 S. Biscayne Boulevard, Suite 850
Miami,Florida 33131
Attention: Matthew Amster, Esq.
Facsimile: 305-377-6222
WITH COPIES TO: Greenberg Traurig,P.A.
333 SE 2nd Avenue
Miami, Florida 33131
Attention: Moshe Lehrfield, Esq.
Facsimile: 305-961-5768
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M-4000: c/o Mast Capital
2601 South Bayshore Drive, Suite 850
Coconut Grove,Florida 33133
Attention: Camilo Miguel, Jr. and Matthew J.Adler
Facsimile: 305-531-2428
WITH COPIES TO: Greenberg Traurig,P.A.
333 SE 2nd Avenue
Miami,Florida 33131
Attention: Kimberly S. LeCompte,Esq.
Facsimile: 305-961-5616
AS TO GRANTEE: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive,4th Floor
Miami Beach, FL 33139
WITH COPIES TO: City of Miami Beach
Attn: City Attorney
1700 Convention Center Drive,4th Floor
Miami Beach,FL 33139
Or to such other address as any party may designate by notice complying with the terms of
this Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal
delivery; (ii) on the date delivered via e-mail,to the extent specifically authorized elsewhere in the
EASEMENT; (iii) on the date upon which the return receipt is signed or delivery is refused or the
notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and
(vi)on the day after mailing by any form of overnight mail service.
10. Miscellaneous Terms and Conditions
10.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of
GRANTEE's right of sovereign immunity.
10.2 Construction. For purposes of construction by a Court, the parties hereto
acknowledge that both parties hereto participated in the drafting of this document.
10.3 Time. Time is of the essence in this EASEMENT.
10.4 Recording. This EASEMENT shall be recorded in the Public Records of Miami-
Dade County,Florida by GRANTEE at GRANTOR's expense
10.5 City's Governmental Capacity/No Waiver of City Police Powers. GRANTOR
confirms that it has full power and authority to grant this EASEMENT. Nothing in this
EASEMENT or in the parties' acts or omissions in connection herewith shall be deemed in any
manner to waive, impair, limit, or otherwise affect the authority of the GRANTEE in the
discharge of its police or governmental powers.
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10.6 Remedies Cumulative. Each right and remedy of either party provided for in this
EASEMENT shall be cumulative and shall be in addition to every other right or remedy provided
for in this EASEMENT, or now or hereafter existing at law or in equity or by statute or otherwise,
and the exercise or beginning of the exercise by a party of any one or more of the rights or remedies
provided for in this EASEMENT, or now or hereafter existing at law or in equity or by statue or
otherwise, shall not preclude the simultaneous or later exercise by such party of any or all other
rights or remedies provided for under this EASEMENT, or now or hereafter existing at law or in
equity or by statue or otherwise.
10.7 Counterparts. This EASEMENT may be executed in counterparts, each of which
shall be deemed an original but all of which together represent one instrument.
10.8 Successors and Assigns. This EASEMENT, and the terms, covenants, and
conditions herein shall be binding upon, and inure to the benefit of, GRANTOR and GRANTEE
and their respective successors and assigns.
10.9 No Waiver. If either party excuses or condones any breach or default by the other
party of any obligation under this EASEMENT, this shall not be a waiver of such obligation with
respect to any continuing obligation or subsequent breach or default and no such waiver shall be
implied.
10.10 Severability. If any provision of this EASEMENT is held or rendered illegal or
unenforceable, it shall be considered separate and severable from this EASEMENT and the
remaining provisions of this EASEMENT shall remain in full force and bind the parties as though
the illegal or unenforceable provision had never been included in this EASEMENT.
10.11 Entire Easement;Modifications. This EASEMENT sets forth the entire agreement
between the parties specifically relating to the subject matter of the easements granted hereby and
there are no other agreements or understandings between them relating to GRANTEE's use of the
EASEMENT AREA. This EASEMENT may not be modified or terminated except by agreement
in writing executed by the parties and,in the case of GRANTEE, approved by the Mayor and City
Commission of the City of Miami Beach.
10.12 Captions; References. The captions of this EASEMENT are for the
purpose of convenience of reference only,and in no way define,limit or describe the scope or intent
of this EASEMENT or in any way affect this EASEMENT. All references in this EASEMENT
to the terms "herein", "hereunder," "hereof," and words of similar import shall refer to this
EASEMENT, as distinguished from the paragraph, Section and/or subsection within which such
term is located.
12.13 Third Parties Nothing express or implied in this EASEMENT is intended,or shall
be construed to confer upon or give any person or entity, other than GRANTOR and GRANTEE,
any rights or remedies under or by reason of this EASEMENT.
10.14 Governing Law. This EASEMENT shall be governed by, and construed in
accordance with, the laws of the State of Florida, both substantive and remedial,without regard to
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principles of conflict of laws. The exclusive venue for any litigation arising out of this EASEMENT
shall be Miami-Dade County, Florida, if in state court, and the U.S.District Court for the Southern
District of Florida, if in federal court.
10.15 Laws and Permits. The GRANTEE shall comply with Federal, State and Local
Laws, Statutes, Ordinances, Rules, Codes, Regulations, Directives and Lawful Orders of public
authorities including, without limitation, all environmental, safety and health laws, insofar as
applicable to the performance of GRANTEE's Work on the WATER MAIN (the "Laws"). All
work, labor, services and materials to be furnished, supplied or performed by the GRANTEE, its
General Contractor, or any of their employees, agents,representatives, subcontractors, laborers, or
material suppliers, must comply with the applicable Laws. The GRANTEE shall bear the sole
responsibility for all permitting and other costs necessary to ensure the WATER MAIN is in full
compliance with the Laws, unless expressly provided otherwise herein.
10.16 Force Majeure. GRANTEE will not be liable for any breach or failure to perform •
under this EASEMENT if such breach or failure to perform is due to acts beyond the reasonable
control of GRANTEE,which events include acts of God, acts of Federal,state or local government
uniformly applied, fire, floods, civil disobedience, strikes, lock-outs, epidemics, acts of terrorism
and/or significant inclement weather (i.e. hurricanes, tornadoes); provided, however, that
GRANTEE shall (a)promptly give written notice to GRANTOR and/or its Owner Representative
of its inability to perform and the cause(s) therefore, which notice may be provided by e-mail
notification; and (b) resume its performance under this EASEMENT immediately upon the
cessation of such cause(s).
GRANTEE shall be entitled to an extension of time,for a period equivalent to the time lost
by reason of any of the aforesaid causes defined in this subsection 10.16, to perform under this
Agreement.
Except for acts of GRANTOR resulting from its negligence, recklessness or willful
misconduct or violation of the provisions of this EASEMENT, GRANTOR shall not assume any
responsibility or liability, financial or otherwise, for damages caused as a result of any of the
aforesaid Force Majeure causes.
10.17 Grantor Representations. GRANTOR covenants, warrants and represents (i) that
Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant
the perpetual Easement granted herein,and(ii) there are no lienholders on the Grantor's Property.
10.18 Easements and Covenants Run with the Land. Each and all easements, covenants,
obligations and rights granted or created under the terms of this Agreement are appurtenant to
Grantor's Property.
TO HAVE AND TO HOLD the same unto Grantee,its successors and assigns forever,and
Grantor will defend the title to Grantor's Property against the lawful claims of all persons
whomsoever.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the GRANTOR herein has caused these presents to be executed in its
name on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
/ CifidA,41 #44,
TALMUDIC COLLEGE 4000
' . 4. i L, 2 • 4 • ALTON ROAD,INC., a Florida not-
Print Name: for-profit o .o 'on. •
By: `i'II�g I.L
__a2a i1_ Name: . [j r f
Title: ,/f'! , .' I
Print Name:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The forgoing instrument was acknowledged before me by means of physical ,
presence or online notarization this /0 day of QL u3l', 2020, by 1 +2-C.,fIO S 4vie ii
as Pj(a2sid '� of TALMUDIC COLLEGE 4000 ALTON ROAD, NC., a Florida not-
for- rofit corporation, on behalf of said corporation, who is personally known to me or produced
/ 2o?
cu 4D'%7--66--SI51/-Cas identification.
•
int Name: 2 A
Notary Public, State of Florida
My Commission Expires: YiPfiZ3 [NOTARIAL SEAL]
?�'" . ANACOHEN
' : ,.• . •;,: MY COMMISSION#GG 298966
_';,. :-'o` EXPIRES:Apni 29,2023
.' ° 2 Bonded Thru Notary Public Undetwrltere
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M-4000 ALTON OWNER,LLC,a
Delaware limited liability company
g--_--- l&--------------/
Print Name: Cassie Resnick
By: M-4000 Alton MGR, LLC, a
Delaware limited liability company,its
&a
�f Manager
Print Name: Carol A.Na kewich By: MC Manager, LLC, a Florida
limited liability company,its sole
Member
By:
Name: Camilo Miguel,Jr.
Title: CEO
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE ) ,
The forgoing instrument was acknowledged before me by means of X physical
presence or online notarization this 10th day of August , 2020, by Camilo Miguel,Jr.
as CEO of MC Manager,LLC,a Florida limited liability company,as sole Member
of M-4000 ALTON MGR, LLC, a Delaware limited liability company, as Manager of M-4000
ALTON OWNER, LLC, a Delaware limited liability company,on behalf of said limited liability
companies, who is personally known to me or produced as
identification.
g_c_14. r.... .,
Print Name:
Notary Public, State of Florida
M
MyCommission Expires: . `5.2 = c��1A 90
p `�_ ,* MY COMMISSION g GG 290927 [NOTARIAL SEAL]
.-- —;off: EXPIRES:Apn17,2023
R .."4:pr F;`,'" Bonded nlru Notary Public Uudenfiriers
t.7/..i!
11
IN WITNESS WHEREOF, the GRANTEE herein has caused these presents to be executed in its
name on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
CITY OF MIAMI BEACH,a Florida
`r-- 1°t I 0 municipal corporation
Print Name: Rafael E. Granado,
City Clerkk ` •. By:
�:�, s,,= `'' 1 Lame: Dan Gelber
U-CORP;;ORRiED Mayor
fa
, lame "
APPROVED AS TO
1:O121M &LANGUAGE
FOR [xECt'ITIO
cA
C't'v At:Drney
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
The forgoing instrument was acknowledged before me by means of V physical
presence or_online notarization this I g day of Pb + ,2020,by Dan Gelber, Mayor,and
Rafael E.Granado,City Clerk,of the CITY OF MIAMI BEACH,a Florida municipal corporation,
on behalf of said municipal corporation, who is(personally known to me or produced
as identification.
v
Print Name: FE.eN.I4 SiLUA
Notary Public,State of Florida
My Commission Expires: [NOTARIAL SEAL]
12 :..,44 , FERNANDA SiLVA
:,,= MY COMMISSION#GG 230013
EXPIRES:August 27,2022
?'for*e:V Bonded Ti nr Notary Public Underwriters
JOINDER BY MORTGAGEE CORPORATION
The undersigned GOLDMAN SACHS BANK USA("Mortgagee"),having an address at 200 West
Street, New York, New York 10282, and Mortgagee under that certain mortgage from M-4000 ALTON
OWNER,LLC, a Delaware limited liability company, dated the 3' day of October, 2014, and recorded
in Official Records Book 29338,Page 3678,of the Public Records of Miami-Dade County,Florida,as first
amended by the FIRST AMENDMENT TO MORTGAGE AND SECURITY AGREEMENT,dated the 26"'
day of October, 2017, and recorded in Official Records Book 30735, Page 3254, of the Public Records of
Miami-Dade County, Florida, as last amended by the SECOND AMENDMENT TO MOTGAGE AND
SECURITY AGREEMENT, dated the 22nd day of August, 2016, and recorded in Official Records Book
31585, Page 4822, of the Public Records of Miami-Dade County, Florida, covering all/or a portion of the
property described in the foregoing Perpetual Non-Exclusive Utility Easement Agreement for Water Main
("Agreement"),bearing the following Folio no.: 02-3222-011-0432,does hereby acknowledge that the terms
of this Agreement is and shall be binding upon the undersigned and its successors in title.Mortgagee agrees
that in the event Mortgagee or any other party shall obtain title to the property bearing Folio No. 02-3222-
011-0432 through foreclosure or deed-in-lieu of foreclosure,this Agreement shall be binding upon the entity
obtaining title as the then owner of such property.
IN ITNESS WHEREOF, these presents have been executed this 1p-1-Aday of
y/y f. ,2020.
J
Witnesses:
GOLDMAN SACHS BANK USA
Sign px)rJeivName of Corporation
Address:
Print Name Oe ' ' ®udkl ,(1 - Ago
olinwririfPEAri
SignatureM//Jf//
f4' : /W/�r` `71 .�/,
Print Name By: %/.41/L�
(President,Vice-'resident or CEO*)
Print Name: I5IS id/Q /5,4,-
STATE OF -Ty
COUNTY OF '\--)A,L
The foregoing instrument was acknowledged before me by means of /° p l presence
online notariz tion this (1I day ofiASt ,2020,by -- -)-7-6,,a,s or
as
0 1(\, (N ' S if Goldman Sachs Bank USA,a N€' )°'4,64 Sk.4 enc\it.edU on
behalf of said , who is personall know to
me or produced as
identification.
Notary Public-State of 1 P ,ek S
My Commission Expires:
oma... ._ Print Nam- y j 13 N. U5\x\kW\j..1.::;‘':'
%�; ROBYN HENNEGAN 13
i ''`' *= My Notary ID#129334308
! %p• o" F t;" Expires March 6,2021
r
Exhibit"A"
Talmudic Site
PROPOSED TRACT "A"
A portion of Lot 52, Block 1 of NAUTILUS SUBDIVISION, according to the plat thereof as
recorded in Plat Book 8 at Page 95,and a portion of Lots D and E of RE-SUBDIVISION OF
LOT'S 48, 49, 50 AND 51 OF BLOCK 1, NAUTILUS SUBDIVISION, according to the plat
thereof, as recorded in Plat Book 35 at Page 46,both of the Public Records of Miami-Dade
County,Florida, being a portion of Sections 22 and 27 in Township 53 South, Range 42 East,City
of Miami Beach,Miami-Dade County, Florida,and being more particularly described as follows:
Commence at the Southeast corner of Lot 54 of said Block 1 of NAUTILUS S U1313IVISION;
thence North 09"11'22" East along the'Easterly line of said Block 1 and also being the Westerly
Right-of-Way line of Alton Road (State Road 907)as shown on Florida Department of
Transportation Right-of-Way Map, Section 87090-2402, Sheet 16 of 18, dated 12-2009, for
228.03 feet to the Point of Beginning of the hereinafter described parcel; thence North 80°48'3S"
West for 269,11 feet; thence North 09'11'22" East for 144.42 feet: thence North 55"48'22" East
along the Southeasterly Right-of-Way line of the Julia'Tuttle Causeway,also known as State Road
112 and 1-195, as shown on said Florida Department of'Transportation Right-of-Way Map Section
87090-2402, Sheet 16 of 18, for 24.15 feet; the following three(3) courses being along the
exterior boundary of a pump station; (1)thence South 25°20'17" East for 78.82 feet; (2)thence
North 672820" Fast for 95.34 feet; (3) thence North 09''05'09" East along a line 0.10 feet
E,asterly and parallel with the West line ofsaid Lot "E" Ibr 106,04 feet; the fallowing four(4)
courses being along the Southerly Right-of-Way line of said Julia Tuttle Causeway and the
Westerly Right-of-Way line of said Alton Road(State Road 907); (1) thence South 89°48'36" East.
for 32.92 feet to a point of curvature; (2) thence Southeasterly along a 78.80 foot radius curve
leading to the right, through a central angle of 934027" for an arc distance of 128.83 feet to a
point of compound curvature; (3) thence Southerly along a 622.07 foot radius curve leading to the
right, through a central angle 01'05'19'22" for an arc distance of 57.79 feet to a point of tangency;
(4)thence South 09°11'22" West for 129.15 feet to the Point of'Beginning.
•
14
•
1 1 1 }
•
Exhibit"B"
M-4000 Site
PROPOSED TRACT"B"
All of Lot 53 and a portion of Lots 52. 54 and 55, Block 1 of NAUTILUS SUBDIVISION,
according to the plat thereof as recorded in Plat Book 8 at Page 95,and a portion of Lot 1.) of RE-
SUBDIVISION OF LOTS 48, 49,50 AND 51 OF BLOCK 1,N,\Wit US SUBDIVISION,
according to the plat thereof, as recorded in Plat Book 35 at Page 46 of the Public Records of
Miami-Dade County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range
42 Fast, City of Miami Beach, Miami-Dade County, Florida, and being more particularly
described as follows:
Begin at the Southeast corner of said Lot 54 of Block 1 ofNAt_TILUS SUBDIVISION; thence
North 09"11'22" East along the Easterly line of said Lots 52, 53 and 54, also being the Westerly
Right-of-Way line of Alton Road (State Road 907)as shown on the Florida Department of
Transportation Right-of-Way Map Section 87090.2402 dated 12-2009, Sheet 16 of 18, for 228.03
feet; thence.North S0°48'38" West.for 269.11 feet.: thence North 09".l P22" East for 144.42 feet;
thence South 55°4822" West along the Southeasterly Right-of-Way line of the Julia Tuttle
Causeway per State Road 112/1-195 of said Florida Department of Transportation Right-of-Way
Map Section No. 87090-2402,Sheet 16 of 18, for 90.82 feet; thence South 05°59'58" East for
62.09 feet; thence South 23'11'59" West for 161.81 feet; the following two (2) courses being
along the Northerly boundary of Alton Road (State Road No. 25), as shown on said Florida
Department of Transportation Right-of-Way Map; (1) South 54°07'39" East for 162.79 feet to a
point on a circular carve; (2) thence Southeasterly along a 600.92 foot radius curve leading to the
right, through a central angle of 09"57'10" for an arc distance of 104.39 feet; thence South
76°03'16" East for 72.65 feet; thence North 41'11'22" East along the existing I:imited Access
Right-of-Way line of the Westerly Right-of-Way line of said Alton Road (State Road 907) as
shown on said Right-of-Way Map Section 87090-2402 for 48.00 Feet; thence South 80°48'38"
East along the Southerly line of said Lot 54 for 26.00 feet to the Point of Beginning.
•
•
15
1 1 1
r
Exhibit"C"
Easement Area
16
} y y 4 4
1 f 1 1
EXHIBIT C
LEGAL DESCRIPTION: Easement
An Easement across a portion of Lot D of RE—SUBDIVISION OF LOTS 48, 49, 50, & 51 OF BLOCK 1, NAUTILUS
SUBDIVISION, according to the plat thereof, as recorded in Plot Book 35 of Page 46 of the Public Records of
Miami—Dade County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range 42 East, and
being more particularly described as follows:
Commence at the Southeast corner of Lot 54, Block 1, of said plot of NAUTILUS SUBDIVISION; thence
North 80'48'38" West along the Southerly boundary line of said Lot 54 for 175.93 feet to a point on the
Northerly Right—of—Way line of Alton Rood, also known as State Rood No. 25, os shown on the Florida
Deportment of Transportation Right of Woy Mop Section 87090-2402, Sheet 16 of 18, said point lying on o
circular curve, concave to the Southwest and whose radius point bears South 39'51'18" West; thence Northwesterly
along said Northerly Right—of—Woy line being a 600.92 foot radius curve, leading to the left, through o central
angle of 03'58'57" for on arc distance of 41.77 feet to a point of tangency; thence North 54'07'39" West along
said Northerly Right—of—Woy line for 162.79 feet; thence North 23'11'59" Eost, departing said Northerly
Right—of—Way line for 161,81 feet; thence North 05'59'58" West for 20.12 feet to the Point of Beginning of the
hereinafter described Easement; thence continue North 05'59'58" West for 41.98 feet to a point on the Southerly
Right—of—Woy line of the Julia Tuttle Causeway, also known as State Road 112 and 1-195, as shown on said
Florida Deportment of Transportation Right of Way Map; thence North 55'48'22" Eost along said Southerly
Right—of—Way line for 114.98 feet; thence South 25'20'17" Eost, deporting said Southerly Right—of—Woy line, for
2.48 feet; thence S 32'07'44" W for 94.46 feet; thence N 80'48'38" W along the Southerly line of said Lot D for
4.32 feet; thence S 05'58'24" E along the Westerly line of said Block 1 for 3.00 feet; thence S 59'51'16" W for
43.47 feet to the Point of Beginning.
SURVEYOR'S NOTES:
— This site lies in Sections 22 and 27, Township 53 South, Range 42 East, City of Miami Beach, Miami—Dade
County, Florida.
— Bearings hereon are referred to on assumed value of N 09'11'22" E for the Westerly right of way line of
Alton Rood.
— Lands shown hereon were not abstracted for easements and/or rights—of—way of records.
— This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
— Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2012-200-1.
— Lands shown hereon containing 3,334 square feet, or 0.077 acres, more or less.
— This Sketch of Description is Certified to the City of Miami Beach,
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on June 1, 2020, and
meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida
Statutes.
The seal appearing on this document was authorized by Daniel C.Fortin ,. No.6435 on June 1,20 M. Digitally signed by Daniel C
FORTIN, LEAVY, SKILES, INC., LB3653 �� Fortin
„r+4. E H� �� /,. DN:c=US,o=Unaffiliated,
ou=A01410D00000170AOSCF5E,
By: STATE
E0000949F,cn=Daniel C Fortin
Daniel C. Fortin, Jr., For The Firm '
Surveyor and Mapper, LS6435 4f ° `'`�" �'=' /-0 Date:2020.06.02 14:18:28
State of Florida. ` '"heap„E - '
-04 00
Drawn By MAP ' CthGAL DESCRIPTION, NOTES& CERTIFICATION Date 6/1/20
Cad. No. 131457 S Scale NOT TO SCALE
Ref. Dwg. FORTIN, LEAVY, LES, INC. Job. No. 200414
2012-200 — CONSULTING ENGINEERS,SURVEYORS Sc MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No.1013—109—W 1
180 Northeast 168th.Street/North Miami Beach,Florida.33162
Plotted: 5/28/20 10:1 4a l Phone:305-653-4493/Fax 305-651-7152/Email fls@flssuavey.com `Sheet 1 of 3
1 1 1 1 i
! 1
EXHIBIT C •
GRAPHIC SCALE \
SOUTHERLY
0 40 80 160 RIGHT OF WAY LINE _
�) / OF JULIA TUTTLE ~ _
`I CAUSEWAY
/ ` STATE ROAD #I12 �5 T I=O Z
( IN FEET / INTERSTATE 195
NOT SUBDIVIDED \ R' et
1 inch = 80 ft / \ I OA N A `'—
Q \N2 EASEMENT \ nla bZ 27 .,. ,
01 �h N NORTHERLY ,4/ \7/Sg" (3,334$q,Fl./0.1 Ac) \ fg tG 4c,v 0
RIGHT OF WAY LINE \ \F 19
:9 .Q'_,et.,_ ,j1 OF ALTON ROAD \ �`O�/ \ \ f,�%li .A\'''
pQ� OQ 6O OSPSTATE ROAD j♦25 /l\\/ \1\8\ \ L1 \ 013
�Y ^
1AS
ta eft
vP)4•4S Sq/ NOT SUBDIVIDED 005'59'58W •fm y,P � o $tN 0co4, 0 A/ , OLL
AN
A=3'58'57" t--- --_----� r-------- 11
R=600.92' I I ! !� 1k:< .L
L-4177 II p�/ WESTERLY UNE BEGININTNING I •
! / 1 OF BLOCK 1 11
!
/ I I (y -
I
539'S1'1R'W
1
(RADIAL) 1 / II %,$\ 'A'c, \
/ I i I 1 \
// lid IB L 0 C /K 1 i I �\ o�
0
/ I 1 I I�SOUTHERLY I c'
^ I I I LINE OF LOT D \
/ I
I I I LOT 0
I
/ 1 2/ I \ yoo
I •
/ / SOUTHERLY UNE 11 Caw / \
LOT SS 1 OF LOT 54 I -!0 I
\� ih LOT54 aim i _ __ \\
I 0 _ --�
� I
\ %.co
.1 10T53 y 8 j --
1= I ..JIS !
! �/ aft 10152 I�`
17 1 1
---
I zl 4 I RE-SUBDIVISION F LOTS 48,49,50 S 51
I \
I I OF BLOCK 1,NAUTILUS SUBDIVISION 1
WESTERLY I I / PLAT B K 36 PAGE 48 J 1
RIGHT OF WAY LINE I I--
1 I 1
OF ALTON ROAD 1LOT E1
STATE ROAD N907 / l
0RlckrcF — I / 1
-__` o PLAr Bc wAr --N017;.2-27.-E-- I 1
_ y PACE gg 8 /� / l
POINT OF i/I / l
COMMENCEMENT T r ALTON Rp
S.F. CORNER OF LOT 54 k►-3 1~~'"^ TArE AD I LINE TABLE
L SECTIp{uB 8 1907 LINE L1 LENGTH BEARING
41.98 N0559'S8'W
_COI.. CENTERLINE OF LIO RlOk7•ppW160F 781 L2 114.98 N55'48'22"E
3 c r7 STATE ROAD #907 L3 2.48 525'20'17"E
�S L4 94.46 S32'07'44"W
L5 4.32 N80'48'38"W
L6 3,00 SO5'58'24"E
L7 43,47 559'51'16"W
Drawn By MAP SKETCH OF DESCRIPTION ' Date 6/1/20
Cad. No. 131 457 Scale 1"=80'
Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 200414
2012-200 CONSULTING ENGINEERS,SURVEYORS&MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No.1013-1 09-W1
3.80 Northeast 168th.Street/North Miami Beach,Florida.33162
Plotted: 5/28/20 10:14o / Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 2 of 3
4 1 i 1 1
( r t ( {
EXHIBIT C
G
n
-9GN,
9)
V111,1/4„''141111111K
EASEMENT-1
(///
ALTON ROAD
_. i
ill
1
‘\
(0 a
. s7,,,,,A„
,
:
, --7.--,J---,..'a\
______,,,,,,_
__. f,_ _,
Drawn By MAP LOCATION SKETCH \ Date 6/1/20
Cad. No. 131457 Scale NOT TO SCALE
Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 200414
2012-200 CONSULTING ENGINEERS,SURVEYORS&MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No.1013-109—W1
180 Northeast 168th.Street/North Miami Beach,Florida.33162
Plotted: 5/28/20 10:14a1 Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 3 of 3