Easement Agreement w/ Crown Castle Fiber LLC 2c)2 r, - Coo
CFN:20200586626 BOOK 32144 PAGE 4255
DATE:10/15/2020 09:18:55 AM
HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY
This instrument was prepared by:
Return to:
Raul J.Agulta, City Attorney
City of Miami Beach
Office of the City Attorney, 4th Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
FOLIO#: 02-3211-007-0720
EASEMENT
THIS EASEMENT AGREEMENT (the ,Agreement') is made effective this 1..4-1"
day of
2f y and between the CITY OF MIAMI BEACH,FLORIDA,a Florida municipal
corporation,with an address of 1700 Convention Center Drive, Fourth Floor, Miami Beach, Florida
33139 ("Grantor)and CROWN CASTLE FIBER LLC, a New York limited liability company, with
an address of 2000 Corporate Drive, Canonsburg, PA 15317 ("Grantee").
WHEREAS. Grantor owns a parcel of real property located in the City of Miami Beach,
Florida, bearing Folio No. 02-3211-007-0720, and being the remainder of Lot 1, Block 3 Second
Ocean Front Subdivision, Plat Book 28, Page 28, of the Public Records of Miami-Dade County,
Florida ("Property"), and
WHEREAS. Grantee is a wireless infrastructure provider, which builds and installs
wireless communication transmission equipment;and
WHEREAS, Grantee desires to obtain a non-exclusive underground utility easement,
over,across and through a portion of the Property(the'`Easement Area`)(as defined in Paragraph
2 below) for the installation, replacement and maintenance of wireless communications facility
equipment("Facilities")("Permitted Uses"), pursuant to the terms and conditions set forth herein:
and
WHEREAS, Grantee will be installing four(4) 1.5 inch conduits, of which one (1)will be
used to house fiber and related communication transmission equipment within the Easement
Area, reserving the other three(3)conduits for future use (the"Initial Facilities").
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Recitals. The above recitals and findings set forth in the preamble of this Agreement are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
2. Grant. Grantor grants unto Grantee, its lessees and licensees, a non-exclusive
underground utility easement, having ten (10) feet in width and approximately 813 square feet,
in, on, over, across and under that portion of the Property being described more specifically on
Exhibit 'X attached (the 'Easement Area') to install, replace and maintain utility service wires,
fiber optics, cables, conduits, pipes and/or other related utility, and communications facilities,
together with the non-exclusive right of ingress,egress and regress over the Property for general
FEB 0 7 2029
Page 1of8 i scanned
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• CFN:20200586626 BOOK 32144 PAGE 4256
construction purposes, subject to the prior coordination and consent of Grantor, which consent
will not be unreasonably withheld or delayed.
3. Us of Easement Area. During the term of this Agreement, the Easement Area shall be
used for only the Permitted Uses. Grantee will cause plans and specifications to be prepared for
any construction work related to the installation of any Facilities (the"Work")and obtain any and
all governmental permits and approvals which may be required by any and all federal, state and
local laws ("Law ') applicable to the Work (the "Permits"). While the initial Facilities have been
approved by Grantor, in its proprietary capacity, all subsequent Work which requires the
application of a building permit including, without limitation, the attachments of additional
installations or other expansion of the Initial Facilities within the Easement Area, shall be subject.
to the written consent of Grantor, which consent shall not be unreasonably withheld or delayed,
provided said Facilities shall not unreasonably interfere with the Grantor's use of its Property and
is contained within the Easement Area. After completion of the Work in the Easement Area by
the Grantee, Grantee, at its sole expense, shall be required to restore the surface area of the
Easement Area and the surrounding area to its original or better condition, ensuring that any
hardscape or landscape that was disturbed during the construction process, including other
adjoining areas,to look uniform and not patched up. Grantee shall be responsible for maintaining
its Facilities located within the Easement Area in good condition at all times, and in compliance
with all Laws.
In connection with any approved Work, Grantor,in its proprietary capacity, agrees to execute any
Permit documents as may be necessary to obtain and thereafter maintain the Permits.
4. Use by Grantor of Property. Grantee realizes that this is a nonexclusive utility Easement
Area and that Grantor may continue to use the Easement Area, or grant further easement rights
within the Easement Area, provided that Grantor does not unreasonably impede Grantee from
using the Easement Area for the Permitted Uses. Grantee, at its own expense, may be required
to move or modify the Facilities, as may be deemed necessary in connection with Grantors use
and operation of the Property or in connection with a governmental interest of the City of Miami
Beach. in the event of a request for relocation, Grantor shall provide an alternate location as
close as reasonably possible to the existing Easement Area. Unless caused by the gross
negligence of Grantor, its employees, or agents, Grantor shall not be liable for injury, loss or
damage to any of Grantee's Facilities that may be present in or outside the Easement Area from
time to time, however occurring.
5. Easement Term, This Agreement and Grantee's rights and privileges hereunder shall be
for a period of nine(9)years and three hundred sixty-four(361)days and may be terminated only
as provided for herein. The Term shall commence upon the City's Building Department issuing
the full Building Permits to commence work in the Easement Area. Grantee shall send written
notice to Grantor of the date of issuance for the Building Permits.
6. Consideration. Grantee will pay to Grantor an annual fee for use of the Easement in the
amount of Five Thousand Nine Hundred Forty-Five and 00/100 Dollars ($5,945.00) per year for
the first year,with three percent(3%)annual increases thereafter.The annual fee shall be payable
within sixty (60) days of the full execution of this Agreement and payable each year thereafter
within ten(10)days of the annual anniversary of the commencement date of this Agreement.
7. Insurance. At all times during the term of this Agreement, Grantee, at its sole expense,
shall obtain and keep in force insurance which may be required by applicable Laws governing
Grantee's operations upon the Easement Area, and at minimum shall include the following:
Page 2 of S
CFN: 20200586626 BOOK 32144 PAGE 4257
A. Commercial General Liability Insurance on an occurrence basis, to include:
Premises Operations; Independent Contractors; Contractual Liability; Personal &
Advertising Injury; Products-Completed Operations; Broad Form Property Damage
including Completed Operations; and Underground, Explosion and Collapse
Property Damage, with limits no less than $1,000,000 per occurrence and
$2,000,000 aggregate, for bodily injury and property damage. City of Miami
Beach must be included as an additional insured by endorsement with
respect to this coverage.
B. Workers' Compensation Insurance for all employees of the Grantee, and Grantee
shall require subcontractors at all tiers to carry Workers'Compensation Insurance,
as required by Florida Statute Chapter 440 and Employer's Liability Insurance with
a limit of no less than $1,000,000 per accident for bodily injury or disease.
Waiver of Subrogation —Grantee agrees to obtain any endorsement that may be necessary to
affect the waiver of subrogation on the coverages required. However, this provision applies
regardless of whether the Grantor has received a waiver of subrogation endorsement from the
insurer.
Acceptability of Insurers— Insurance must be placed with insurers with a current A.M. Best
rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida
Insurance Funds (i.e. FWCIGA. FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
Verification of Coverage — Grantee shall furnish the Grantor with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting coverage
required by this Agreement. All certificates and endorsements are to be received and approved
by the Grantor before work commences. However,failure to obtain the required documents prior
to the work beginning shall not waive the Contractor's obligation to provide them. The Grantor
reserves the right to review complete, copies of all required insurance policies, including
endorsements, required by these specifications, at any time at a mutually agreeable location.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
3`d FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve Grantee of his liability and obligation
under this section or under any other section of this agreement.
8. Grantee's Right to Terminate; Termination of Easement; Removal of Grantee's
Improvements. Grantee shall have the right to terminate this Agreement, at any time, without
cause, by providing Grantor with one hundred eighty (180) days' prior written notice, Following
such termination or expiration of this Agreement, this Agreement shall become null and void and
neither party shall have any further rights or duties hereunder, except as to provisions which are
intended to survive expiration or termination of the Agreement. Prior to the expiration or
termination of this Agreement, Grantee shall remove all of Grantee's Facilities from the Easement
Page 3 of 8
CFN: 20200586626 BOOK 32144 PAGE 4258
Area and restore the Property to the condition it was in before this Agreement, reasonable wear
and tear excepted.
9. Recording. Grantee, at Grantor's expense, shall record this Agreement.
10. Hold Harmless. Grantee shall indemnify, defend and hold harmless Grantor, and its
officers, employees, agents, and contractors(indemnified Parties")from and against any and all
actions (whether at law or in equity), 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 the use, construction
on, and occupancy of the Easement Area try Grantee, its employees, contractors, servants,
lessees, licensees or agents, or any other person or entity acting under Grantee's control or
supervision, except to the extent such claims are caused by the intentional misconduct or grossly
negligent acts or omissions of the Grantor, its officers, employees, agents and contractors. To
that extent, Grantee shall pay all such claims and 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 Grantor in the defense of such claims and losses,
including appeals. Grantee expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the Grantee shall in no way limit Grantee's
responsibility to indemnify, keep and save harmless and defend the Indemnified Parties as herein
provided.
The provisions of this Section 10 and of this indemnification shall survive termination or expiration
of this Agreement.
11. Hazardous Substances. 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.
Grantee 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. In all events, Grantee shall indemnify and hold and hold Grantor harmless
from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses
(including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and
consultants' and experts' fees) from the presence or release of any Hazardous Substances or
Hazardous Wastes on the Easement Area if caused by Grantee or persons acting under Grantee.
Grantee shall execute such affidavits, representations and the like from time to time as Grantor
may reasonably request concerning Grantee's best knowledge and belief as to the presence of
Hazardous Substances or Hazardous Wastes within the Easement Area or otherwise affecting
the Property.
Page4of8
CFN:20200586626 BOOK 32144 PAGE 4259
12. Interference. Subject to the requirements of Paragraph 4, from and after the date hereof
and continuing until the Agreement is terminated, Grantee shall have the non-exclusive right to
use the Easement Area in any manner which is consistent with the Permitted Uses and that will
not interfere the Grantor's use of the Property.
13. Performance Bond. Grantee shall,within thirty(30)days from the Effective Date,furnish
to the Grantor a Performance Bond in the sum stated below for the payment of which Grantee
shall bind itself for the faithful performance of the terms and conditions of this Agreement. A
Performance Bond, in the amount of Twenty Thousand and 00/100($20,000.00)Dollars,shall be
provided by the Grantee in faithful observance of this Agreement. A cash deposit, irrevocable
letter of credit, or certificate of deposit may also suffice, as determined by the Grantor, in its
reasonable discretion. The form of the Performance Bond or alternate security shall be approved
by the Grantor. Grantee shall be so required to maintain said Performance Bond or alternate
security in full force and effect throughout the Term of this Agreement. Grantee shall have an
affirmative duty to notify the Grantor, 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 Grantee, except in an event
of default, in which case the Grantor shall be entitled to all interest that accrues after the date of
default.
14. Notices. All notices hereunder shall be in writing and shall be given by (i) established
national courier service which maintains delivery records, (ii) hand delivery, or (iii) certified or
registered mail, postage prepaid, return receipt requested to the addresses contained herein.
Notices are effective upon receipt, or upon attempted delivery if delivery is refused.
If to Grantor:
City of Miami Beach, Florida
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
Attention: Public Works Director
With copy to:
Raul J. Aguila, Esq
City Attorney
City of Miami Beach
1700 Convention Center Drive
Fourth Floor
Miami Beach, Florida 33139
If to Grantee:
Crown Castle Fiber LLC
General Counsel
Attn: Legal—Real Estate Dept.
2000 Corporate Drive ••
Canonsburg, PA 15317 •
Page 5 of 8
CFN:20200586626 BOOK 32144 PAGE 4260
15. DefaultlRemedies. In the event either Grantor or Grantee (1) fails to make any
payments due under the Agreement within thirty(30)days, after written notice from the
other party ("monetary default') or (2) fail to fulfill, in a timely manner, or otherwise
violates, any of the covenants, agreements, or stipulations material to this Agreement
within thirty(30)days, after written notice from the other party("non-monetary default"),
such other party shall have the right to terminate the Agreement for cause. The
timeframe to cure a non-monetary default shall be reasonably extended if the defaulting
party has commenced the curative actions and the timeframe to cure will take longer
than thirty (30) days to complete, but for no longer than sixty (60) days. Additionally,
such other party shall have the right to seek injunctive relief, to require specific
performance of this Agreement, to collect damages from the defaulting party, and to take
such actions as may be necessary in such other party's discretion to cure such violation
and charge the defaulting party with all reasonable costs and expenses incurred by such
other party as a result of such violation (including, without limitation, such other party's
reasonable attorneys'fees). All rights and remedies provided under this Agreement are
cumulative and may be pursued singularly, in any combination, and in any order. The
failure to enforce any of the terms and provisions contained herein shall in no event be
deemed to be a waiver of the right to thereafter strictly enforce the terms and provisions
hereof.
Interest. Any sums which remain unpaid shall accrue interest at the rate of one percent
(1%) per month from the due date until paid in full.
16. Miscellaneous.
a. Authority. Grantor represents that it owns the referenced property in fee simple and
has the right and authority to execute this Agreement.
b. Partial Invalidity_ If any term of this Agreement is found to be void or invalid, then such
invalidity shall not affect the remaining terms of this Agreement, which shall continue in
full force and effect.
c. Successors and Assigns. Except as otherwise provided herein, this Agreement shall
extend to and bind the heirs, personal representatives, successors and assigns of the
parties hereto.
d. Entire Agreement. Grantor and Grantee agree that this Agreement contains all of the
agreements, promises and understandings between Grantor and Grantee. Any addition,
variation or modification to this Agreement shall be void and ineffective unless made in
writing and signed by the parties hereto.
e. Construction of Document. Grantor and Grantee acknowledge that this document
shall not be construed against the drafter by virtue of said party being the drafter,
f. Applicable Law. This Agreement and the performance thereof shall be governed,
interpreted, construed and regulated by the laws of the State where the Easement Area
is located.
Remainder of Page Left Blank; Signature page follows
Page6of8
CFN:20200586626 BOOK 32144 PAGE 4261
IN WITNESS WHEREOF, Grantor and Grantee having read the foregoing and intending
to be legally bound hereby: have executed this Agreement as of the day and year first written
above.
GRANTOR:
ATTEST: CITY OF MIAMI BEACH, FLORIDA
Ra ael E. dranado Cit Clerk Dan Gelber, Mayor
Y RC.:,VH.Z TO
er ? ?—
ACKNOWLEDGEMENT
STATE OF FLORIDA }
COUNTY OF lA I z v- tr
The foregoing Second Mortgage and Security Agreement was acknowledged before me:
by means of physical presence or ; `N online notarization, this 21 day.. of.
, 20 ay Dan Gelber, Mayor of the City of Miami Beach, Florida. $ who
are personally known to me or have produced as
identification. .y
F4 "�'-
f `mac- .4''°A. > .F>i
My Commission Expires: N tar,
y Public. State of Florida
ULM
"Itrad UYCOMMISSIONIGG230433
E S .+ WIRES:Aegte 27,2022
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Page 7ofa
CFN: 20200586626 BOOK 32144 PAGE 4262
WITNESSES: GRANTEE:
CROWN CASTLE FIBER LLC,
a New Y. . ited ilabild company,
1 iti2 12 62„,„ ...,,
,". y: 4MM AithAt ... ,rim
t'trit�l,1a • rsithael Johnston Print Name: Marla Johnston
Print Title (if any): Director, Network Permit&Utilities
Print Name: Selena Beaver
ACKNOWLEDGEMENT
State/Commonwealth of pen ,mit
County of i i, 11- .I i
On this,the 211 day of
5t,20X,before me,by means o�.—c7 physical
presence or online notariza n, the. und-rsi.ned officer in and Or the above-stated
jurisdiction, personally a peared 1 t I I , tit. . • [sign 's flame), who acknowledged
him/herself to be the rec.= De G Pen T ur [title] of Crown Castle
Fiber LLC, a New York Limited Liability Company, and hat h4/she, being authorized to do so,
executed the foregoing Easement for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and ••xi ial seal
N,.
Commonwealth Of Pe sylvama•try Seal
Wane Siam,tiataty>P,t;>Eie
Washington County Notary Public
My CommIss=on Expttes duly 28.2024
Commission Number 137574
Page 8of8
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CFN: 20200586626 BOOK 32144 PAGE 4264
DESCRIPTION
OF A PARCEL OF LAND LYING IN
SECTION n,TOWNSHIP 53 SOUTH,RANGE 42 EAST,
MIAMI-DADE COUNTY,FLORIDA
(10' EASEMENT)
LEGAL DESCRIPTION:
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pAe,E i•^ RECORDS OF miARf.:-",A;j: couN'•'. CIRC,: MORE
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1. rAc 4,S SKARN HEREON ARE T- l'EYO H. EASED ON STOTE
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MIAMI-DADE COUNTY,FLORIDA
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CFN: 20200586626 BOOK 32144 PAGE 4265
RESOLUTION NO, 2020-31260
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A TEN
(10) FOOT WIDEUNDERGROUND UTILITY EASEMENT, HAVING
APPROXIMATELY 813 SQUARE FEET, IN FAVOR OF CROWN CASTLE
FIBER LLC (CROWN CASTLE); SAID EASEMENT LYING IN A PORTION OF
LOT 1, BLOCK 3, OF SECOND OCEAN FRONT SUBDIVISION, RECORDED
IN PLAT BOOK 28, AT PAGE 28, OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA, HAVING A STREET ADDRESS OF 6444 INDIAN
CREEK DRIVE, FOR A TERM OF NINE (9) YEARS AND 364 DAYS,
PROVIDING FOR THE PAYMENT TO THE CITY OF AN INITIAL ANNUAL
USE FEE OF $5,945 PER YEAR, SUBJECT TO ESCALATIONS OF 3% PER
YEAR, FOR THE INSTALLATION AND MAINTENANCE OF
TELECOMMUNICATIONS EQUIPMENT;AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE FINAL EASEMENT
AGREEMENT.
WHEREAS, The City of Miami Beach owns the Property located at 6444 Indian Creek
Drive, Miami Beach Florida, commonly known as Brittany Bay Park (the "Property"); and
WHEREAS, Crown Castle Fiber LLC ("Crown Castle") has requested that the City grant
them a ten (10) foot wide underground easement, having approximately 813 square feet (the
:Easement Area"); and
WHEREAS, Crown Castle intends to install four(4) 1.5 inch conduits utilizing directional
boring within the Easement Area, in order to develop a small cell wireless facility
telecommunication infrastructure, which can accommodate "5G" telecommunication equipment;
and
WHEREAS, pursuant to the terms of the Easement("Agreement"),the City would convey
to Crown Castle a non-exclusive underground utility easement in, on, over, across and under the
Property (the'Easement Area"), including ingress and egress over the Property to permit Crown
Castle to install improvements within the Easement Area for utility purposes only; and
WHEREAS, the City will retain the right to construct and maintain other improvements
within the Easement Area so long as such improvements do not unreasonably impede Crown
Castle's authorized use of the Easement Area; and
WHEREAS, the City had secured an appraisal from The Urban Group Real Estate
Consultants ("Appraiser"), dated December 3, 2019, for an initial proposed underground utility
easement, having 435 square feet, which appraised the annual use fee for the easement at
$3,180.00; and
WHEREAS, after securing the appraisal, the City requested that Crown Castle use a
standard ten foot wide easement size, increasing the square footage of the proposed easement
to 813 square feet; and
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CFN: 20200586626 BOOK 32144 PAGE 4266
WHEREAS, by using the same valuation methodology used by the Appraiser for the first
easement, the use fee for the initial year for the proposed 813 square foot easement was
calculated to be $5,945.06; and
WHEREAS, pursuant to the terms of the proposed Easement Agreement, the use fee
will be increased every year by 3% over the use fee paid in the prior year; and
WHEREAS, this utility easement for Crown Castle will satisfy the needs of Crown Castle
to maintain their fiber service within the City of Miami Beach, to provide the residents of Miami
Beach with more efficient telecommunication services; and
WHEREAS,the City Manager recommends approving, in substantial form, the Easement
Agreement incorporated herein by reference and attached hereto as Exhibit "1", which
Agreement provides for the payment to the City of a fair market use fee.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby,
approve in substantial form, a ten (10) foot underground utility easement, having approximately
813 square feet, in favor of Crown Castle Fiber LLC (Crown Castle); said easement lying in a
portion of lot 1, block 3, of second ocean front subdivision, recorded in Plat Book 28, at Page 28,
of the Public Records'of Miami-Dade County, Florida, having a street address of 6444 Indian
Creek Drive, for a term of nine (9) years and 364 days; providing for the payment to the City of
an initial annual use fee of $5,945 per year, subject to escalations of 3% per year, for the
installation and maintenance of telecommunications equipment; and further authorize the Mayor
and City Clerk to execute the final Easement Agreement.
PASSED AND ADOPTED this /.9 day of e '. , 2020.
Dan Gelber, Mayor
ATTEST:
� Zl -Lou
Rafael E. Gra ado, Cit' CI rrk
APPROVED AS TO
FORM tIrGUAGE
Ex 410 -CUT 10 N
City Attorney Dare
c4$ ' 's
INCORPORATED`