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Resolution 2021-31889RESOLUTION NO. 2021-31889 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A TERMINATION AND RELEASE AGREEMENT RELATING TO A 10 -FOOT CITY UTILITY EASEMENT RUNNING EAST/WEST, ALONG THE SOUTHERLY 10 FEET OF LOTS 3 AND 16, OF BLOCK 12, OF THE PLAT OF NORMANDY BEACH SOUTH, AS RECORDED IN PLAT BOOK 21, AT PAGE 54 (PLAT); SAID 10 FOOT EASEMENT RECORDED IN O.R. BOOK 6386, AT PAGES 438,440 AND 443, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; AND RELEASING THE CITY'S RIGHT TO ACCESS, OPERATE AND MAINTAIN UTILITIES WITHIN A 5 FOOT RESERVATION EASEMENT, AS NOTED ON SAID PLAT (NOTE: A STRIP OF LAND 5 -FEET WIDE IS RESERVED IN THE REAR OF EACH LOT), LYING WITHIN LOTS 1-5 AND LOTS 16-18, OF BLOCK 12; AND LOTS 3-5 AND LOTS 7-10, OF BLOCK 13, ACCORDING TO SAID PLAT; SAID RELEASES BENEFITING NORTH BEACH TOWN CENTER DEVELOPMENT, LLC, OWNER OF THE BURDENED PROPERTIES, LOCATED AT 300 71ST STREET, 326 71ST STREET, 6985, 6961, 6948, 6956, 6964, 6972, 6988 ABBOTT AVENUE, AND 6972 HARDING AVENUE ("DEVELOPER'S PROPERTIES"), IN CONNECTION WITH THE DEVELOPMENT OF THE DEVELOPER'S PROPERTIES INTO A MULTISTORY MIXED-USE PROJECT, INCLUDING RESIDENTIAL, PARKING GARAGE AND RETAIL USES (THE "DEVELOPMENT"), SUBJECT TO THE CITY APPROVING THE RELOCATION SITE AND THE TYPE OF NEW UTILITY FACILITY INFRASTRUCTURE, AND PROVIDED THAT DEVELOPER WILL NOT COMMENCE DEVELOPMENT -RELATED CONSTRUCTION UNTIL THE DEVELOPER COMPLETES THE UTILITY RELOCATION WORK REQUIRED BY THE CITY FOR THE DEVELOPER'S PROPERTIES AND OTHER ADJOINING IMPACTED PROPERTIES; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE REPLACEMENT EASEMENT AGREEMENTS, IN THE FORM ACCEPTABLE TO THE CITY ATTORNEY. WHEREAS North Beach Town Center Development, LLC, as successor in interest to Oliveira Plaza Associates, LLC ("Developer"), is the owner of the properties located at 300 71st Street, 326 71st Street, 6985, 6961, 6948, 6956, 6964, 6972, 6988 Abbott Avenue, and 6972 Harding Avenue (the "Developer's Properties"); and WHEREAS, the Developer intends to construct a multistory mixed-use project, including residential, parking garage and retail uses'(the "Development") on the Developer's Properties; and WHEREAS, the Developer's application for the Development has been approved by the Design Review Board (DRB), via DRB File No. 19-0424; and WHEREAS, in connection with the work related to the Development, the Developer has requested that the City release a 10 -foot easement running East/West, along the southerly 10 feet of lots 3 and 16, of Block 12, of the Plat of Normandy Beach South, recorded in Plat Book 21, at Page 54 (the "Plat"), relating to a City utility easement, recorded in O.R. Book 6386, at Pages 438, 440, and 443 of the Public Records of Miami -Dade County ("City's Private Easement"); and WHEREAS, furthermore, the Developer has requested that the City release its right to access, operate and maintain utilities within a 5 foot reservation easement, as noted on said Plat (note: a strip of land 5 -feet wide is reserved in the rear of each lot), particularly described as: Lots 1- 5 and Lots 16-18, of Block 12; and Lots 3-5 and Lots 7-10, of Block 13, according to said Plat ("Platted Easement"); and WHEREAS, the City's Private Easement contains electrical and water facilities and the Platted Easement contains water facilities; and WHEREAS, the Developer has requested that the City execute a Termination and Release Agreement of the City's Private Easement and that the City release its interest in the Platted Easement, lying within the property limits of the Developer's Properties (collectively, the "Impacted Easement Areas"), in that, the proposed Development will encompass the Impacted Easement Areas (the "Developer's Request"); and WHEREAS, Developer has secured letters of "no objection" from utility and telecommunication companies that service the Developer's Properties and adjoining impacted- properties mpactedproperties ("Adjoining Impacted Properties"), including Teco Peoples Gas, Atlantic Broadband, FPL, AT&T, Crown Castle Fiber; and WHEREAS, the Adjoining Impacted Properties shall referto the remaining property owners of Blocks 12 and 13 of the Plat; to wit: Lots 6, 13, 14, and 15 of Block 12, and Lots 1, 2, 6, and the'west 50 feet of Lots 1 and 12, of Block 13; and WHEREAS, in connection with the Developer's Request, Developer, at its sole cost and expense, shall be responsible for the removal, relocation, and replacement of the utility facilities located within the Developer's Properties and Adjoining Impacted Properties, subject to approval, by the City, of the new locations and the type of new utility facilities to be installed (the "Utility Facilities Relocation Project"); and WHEREAS, since the Impacted Easement Areas also serves the Adjoining Impacted Properties, Developer has agreed to: (1) construct new utility facilities, as may be requested by the City, which in the City's discretion, will provide the required functionality and capacity for the Developer Properties and Adjoining Impacted Properties; (2) secure all required consents or other legal rights to conduct work on the Adjoining Impacted Properties in connection with the Utility Facilities Relocation Project, which will include the relocation of some utility facility components lying within the Adjoining Impacted Properties including, without limitation, water and/or irrigation facilities and meters; and (3) not commence the foundation or clearing work on the Developer's Properties until such time as the Developer has completed the Utility Facilities Relocation Project; and WHEREAS, Developer shall also be responsible for payment of any costs associated with the City's approval of the new utility easements including, without limitation, recording fees, title search fees, and professional services related to the preparation of surveys, opinions of title and any other additional costs related to the Development approval process. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYORAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager to execute a Termination and Release Agreement, relating to a 10 -foot City utility easement running east/west, along the southerly 10 feet of Lots 3 and 16, of Block 12, of the Plat of Normandy Beach South, as recorded in Plat Book 21, at Page 54 (Plat); said 10 foot easement recorded in O.R. Book 6386, at Pages 438,440 and 443, of the Public Records of Miami - Dade County; and releasing the City's right to access, operate and maintain utilities within a 5 foot reservation easement, as noted on said Plat (note: a strip of land 5 -feet wide is reserved in the rear of each lot), lying within Lots 1-5 and Lots 16-18, of Block 12; and lots 3-5 and lots 7-10, of Block 13, according to said Plat; said releases benefiting North Beach Town Center Development, LLC, owner of the burdened properties, located at 300 71 st Street, 326 71 st Street, 6985, 6961, 6948, 6956, 6964, 6972, 6988 Abbott Avenue, and 6972 Harding Avenue ("Developer's Properties"), in connection with the development of the Developer's Properties into a multistory mixed-use project, including residential, parking garage and retail uses (the "Development"), subject to the City approving the relocation site and the type of new utility facility infrastructure, and provided that Developer will not commence development -related construction until the Developer completes the utility relocation work required by the City for the Developer's Properties and other Adjoining Impacted Properties; and further authorize the City Manager to execute the replacement easement agreements, in the form acceptable to the City Attorney. , PASSED and ADOPTED this d day of 0c6Pr , 2021 ATTEST: 114 OCT 1 5 2021 Raf el E. Granado, City Clerk RPIORATE Dan Gelber, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attomey*r Date Resolutions - C7 H MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: October 13, 2021 SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A TERMINATION AND RELEASE AGREEMENT RELATING TO A 10 -FOOT CITY UTILITY EASEMENT RUNNING EAST/WEST, ALONG THE SOUTHERLY 10 FEET OF LOTS 3 AND 16, OF BLOCK 12, OF THE PLAT OF NORMANDY BEACH SOUTH, AS RECORDED IN PLAT BOOK 21, AT PAGE 54 (PLAT); SAID 10 FOOT EASEMENT RECORDED IN O.R. BOOK 6386, AT PAGES 438,440 AND 443, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; AND RELEASING THE CITY'S RIGHT TO ACCESS, OPERATE AND MAINTAIN UTILITIES WITHIN A 5 FOOT RESERVATION EASEMENT, AS NOTED ON SAID PLAT (NOTE: A STRIP OF LAND 5 -FEET WIDE IS RESERVED IN THE REAR OF EACH LOT), LYING WITHIN LOTS 1-5 AND LOTS 16-18, OF BLOCK 12; AND LOTS 3-5 AND LOTS 7-10, OF BLOCK 13, ACCORDING TO SAID PLAT; SAID RELEASES BENEFITING NORTH BEACH TOWN CENTER DEVELOPMENT, LLC, OWNER OF THE BURDENED PROPERTIES, LOCATED AT 300 71ST STREET, 326 71ST STREET, 6985, 6961, 6948, 6956, 6964, 6972, 6988 ABBOTT AVENUE, AND 6972 HARDI NG AVENUE ("DEVELOPER'S PROPERTIES"), IN CONNECTION WITH THE DEVELOPMENT OF THE DEVELOPER'S PROPERTIES INTO A MULTISTORY MIXED-USE PROJECT, INCLUDING RESIDENTIAL, PARKING GARAGE AND RETAIL USES (THE "DEVELOPMENT"), SUBJECT TO THE CITYAPPROVING THE RELOCATION SITE AND THE TYPE OF NEW UTILITY FACILITY INFRASTRUCTURE, AND PROVIDED THAT DEVELOPER WILL NOT COMMENCE DEVELOPMENT -RELATED CONSTRUCTION UNTIL THE DEVELOPER COMPLETES THE UTILITY RELOCATION WORK REQUIRED BY THE CITY FOR THE DEVELOPER'S PROPERTIES AND OTHER ADJOINING IMPACTED PROPERTIES; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE REPLACEMENT EASEMENT AGREEMENTS, IN THE FORM ACCEPTABLE TO THE CITYATTORNEY. RECOMMENDATION Page 343 of 1095 The Administration recommends authorizing the City Manager and City Clerk to execute a Termination and Release Agreement relating to a 10 -foot City utility easement running east/west, along the southerly 10 feet of Lots 3 and 16, of Block 12, of the Plat of Normandy Beach South, as recorded in Plat Book 21, at Page 54 (Plat); said 10 foot easement recorded in O.R. Book 6386, at Pages 438, 440 and 443, of the Public Records of Miami -Dade County; and releasing the City's right to access, operate and maintain utilities within a 5 foot reservation easement, as noted on said Plat (note: a strip of land 5 -feet wide is reserved in the rear of each lot), lying within Lots 1-5 and Lots 16-18, of Block 12; and lots 3-5 and lots 7-10, of Block 13, according to said Plat; said releases benefiting North Beach Town Center Development, LLC, owner of the burdened properties, located at 300 71st Street, 326 71st Street, 6985, 6961, 6948, 6956, 6964, 6972, 6988 Abbott Avenue, and 6972 Harding Avenue, in connection with the development of the Developer's Properties into a multistory mixed-use project, including residential, parking garage and retail uses (the "Development"), subject to the City approving the relocation site and the type of new utility facility infrastructure, and provided that Developer will not commence Development related construction until the Developer completes the utility relocation work required by the City for the Developer's Properties and other adjoining impacted properties; and further authorizing the City Manager to execute the replacement easement agreements, in the form acceptable to the City Attorney. 13ACKGROUND/HISTORY North Beach Town Center Development, LLC, as successor in interest to Oliveira Plaza Associates, LLC ("Developer"),is the owner of the properties located at 300 71 st Street, 326 71st Street, 6985, 6961, 6948, 6956, 6964, 6972, 6988 Abbott Avenue, and 6972 Harding Avenue (the "Developer's Properties"). The Developer intends to construct a multistory mixed- use project, including residential, parking garage and retail uses (the "Development") on the Developer's Properties. The Developer's application for the Development has been approved by the Design Review Board (DRB), via DRB File No. 19-0424. In connection with the work related to the Development, the Developer has requested that the City release a 10 -foot easement running EastlWest, along the southerly 10 feet of lots 3 and 16, of Block 12, of the Plat of Normandy Beach South, recorded in Plat Book 21, at Page 54 (the "Plat'), relating to a City utility easement, recorded in O.R. Book 6386, at Pages 438, 440, and 443 of the Public Records of Miami -Dade County ("City's Private Easement'). Furthermore, the Developer has requested that the City release its right to access, operate and maintain utilities within a 5 foot reservation easement, as noted on said Plat (note: a strip of land 5 -feet wide is reserved in the rear of each lot), particularly described as: Lots 1-5 and Lots 16- 18, of Block 12; and Lots 3-5 and Lots 7-10, of Block 13, according to said Plat ("Platted Easement'). The City's Private Easement contains electrical and water facilities and the Platted Easement contains water facilities. The Developer has requested that the City execute a Termination and Release Agreement of the City's Private Easement and that the City release its interest in the Platted Easement, lying within the property limits of the Developer's Properties (collectively, the "Impacted Easement Areas"), in that, the proposed Development will encompass the Impacted Easement Areas (the "Developer's Request"). Page 344 of 1095 The Developer has consulted with the Public Works Department to coordinate the potential relocation of the existing utility facilities, as part of the development permitting process. Additionally, the Developer has secured letters of no objection from utility and telecommunication companies who serve the Developer's Properties and the adjoining impacted properties ("Adjoining Impacted Properties"), including, Teco Peoples Gas, Atlantic Broadband, FPL, AT&T, Crown Castle Fiber. The Adjoining Impacted Properties shall refer to the remaining property owners in Blocks 12 and 13 of the Plat; to wit: Lots 13, 14, and 15 of Block 12, and Lots 1, 2, 6, and the west 50 feet of Lots 1 and 12, of Block 13. Lot 6 of Block 12 is currently in negotiation with the Developer. In connection with the Developer's Request, the Developer, at its sole cost and expense, shall be responsible for the removal, relocation, and replacement of the utility facilities located within the Developer's Properties and Adjoining Impacted Properties, subject to approval, by the City, of the new locations and the type of new utility facilities to be installed (the "Utility Facilities Relocation Project'). Since the Impacted Easement Areas also serve the Adjoining Impacted Properties, the Developer has agreed to: (1) construct new utility facilities, as may be requested by the City, that will provide the required functionality and capacity for the Developer Properties and Adjoining Impacted Properties; (2) secure all required consents or other legal rights to conduct work on the Adjoining Impacted Properties in connection with the Utility Facilities Relocation Project, which will include the relocation of some utility facility components lying within the Adjoining Impacted Properties including, without limitation, water and/or irrigation facilities and meters; and (3) not commence the foundation or clearing work on the Developer's Properties until such time as the Developer has completed the Utility Facilities Relocation Project. Developer shall also pay for any costs associated with the City's approval of the new utility easements including, without limitation, recording fees, title search fees, and professional services related to the preparation of surveys, opinions of title and any other additional costs related to the Development approval process. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey show that 47% of residents rated perceptions of the City, related to the City s efforts to plan for growth, as very satisfied or satisfied. CONCLUSION The Administration recommends authorizing the City Manager and City Clerk to execute a Termination and Release Agreement relating to a 10 -foot City utility easement running east/west, along the southerly 10 feet of Lots 3 and 16, of Block 12, of the Plat of Normandy Beach South, as recorded in Plat Book 21, at Page 54 (Plat); said 10 foot easement recorded in O.R. Book 6386, at Pages 438, 440 and 443, of the Public Records of Miami -Dade County; and releasing the City's right to access, operate and maintain utilities within a 5 foot reservation easement, as noted on said Plat (note: a strip of land 5 -feet wide is reserved in the rear of each lot), lying within Lots 1-5 and Lots 16-18, of Block 12; and lots 3-5 and lots 7-10, of Block 13, according to said Plat; said releases benefiting North Beach Town Center Development, LLC, owner of the burdened properties, located at 300 71st Street, 326 71st Street, 6985, 6961, 6948, 6956, 6964, 6972, 6988 Abbott Avenue, and 6972 Harding Avenue, in connection with the development of the Developer's Properties into a multistory mixed-use project, including residential, parking garage and retail uses (the "Development"), subject to the City approving the relocation site and the type of new utility facility infrastructure, and provided that Developer will not commence Development related construction until the Developer completes the utility relocation work required by the City for the Developer's Properties and other adjoining impacted Page 345 of 1095 properties; and further authorizing the City Manager to execute the replacement easement agreements, in the form acceptable to the City Attorney. Applicable Area Middle Beach 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 StratenicConn_e_ctio Prosperity - Revitalize targeted areas and increase investment. Legislative Tracking Public Works ATTACHMENTS: Description ❑ PLAT, Normandy Beach South(PB.21 PG.54) ❑ West Lot FL -ALTA Commitment (6-17-06)-N 05-02-2020 ❑ Atlantic BB Letter of No Objection ❑ ATT Bet Harding Av n Byron Av no objection letter ❑ Crown Castle Letter of No Objection ❑ FPL letter of No Objection ❑ TECO Peoples Gas Letter of No Objection ❑ 12-000295-9 Easements EASEMENT PAG.12 updated 10-5-2021 ❑ Developer's Letter of Intent final 10.4.21-2 ❑ Resolution Page 346 of 1095 Lf) CY) C) 0 cr) N (3) cc a- 16 U YJ Lf) CY) C) 0 cr) N (3) cc a- ••' Commitment for Title Insurance First American ISSUED BY Commitment First American Title Insurance Company Refer inquiries to: 5011612 - NCS-901990-A-LA2 FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company'l, for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the Land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by an authorized officer of the Company or an agent of the Company. IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name to be affixed by its duly authorized officers on the Effective Date shown in Schedule A. First American Title Insurance Company Dennis J Gilmore President �� � � ilk �'►�e�' Jeffrey, S. Robinson secretary (This Commitment is valid only when Schedules A and B are attached) Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 348 of 1095 Form 5011612 (7-1-14) Page 1 of 12 ALTA Commitment (6-17-06) (with Florida modifications) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,'the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of tide or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company whether or not based on negligence arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued will contain the following arbitration clause: Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of the controversy or claim. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys'fees only if the laws of the state in which the land is located permit a court to award attorneys'fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. Page 349 of 1095 Form 5011612 (7-1-14) Page 2 of 12 ALTA Commitment (6-17-06) (with Florida modifications) First American Tale ISSUED THROUGH THE OFFICE OF: FIRST AMERICAN TITLE INSURANCE COMPANY Corporate Office 1 First American Way Santa Ana, CA 92707 (800)854-3643 N .4 0 O M N Of �O a St iJl��. First American Schedule A File No.: NCS-901990-A-LA2 1 2. 5. Commitment for Title Insurance ISSUED BY First American Title Insurance Company 5011612 - NCS-901990-A-LA2 Effective Date:May 2, 2020 @ 8:00 A.M. Policy or Policies to be issued: a. ALTA Owner's Policy of Title Insurance (6-17-06) (with Florida modifications) Proposed Insured: To Be Determined b. ALTA Loan Policy of Title Insurance (6-17-06) (with Florida modifications) Proposed Insured: Proposed Amount of Insurance: $TBD Not to Exceed:$ 1,000,000.00 $ Not to Exceed:$ 1,000,000.00 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: North Beach Town Center Development, LLC, a Delaware limited liability company successor -in - interest to Oliveira Plaza Associates, LLC, a Delaware limited liability company The land referred to in this Commitment is described as follows: See Exhibit W attached hereto and made a part hereof t" *, First American 7'itk ,insurance Company NATIONAL COMMERCIAL SERVICES By: as an Authorized Signatory of First American Title Insurance Company National Commercial Services (This Schedule A valid only when Schedule BI & BII are attached) Page 351 of 1095 Form 5011612 (7-1-14) Page 4 of 12 ALTA commitment (6-17-06) (with Florida modifications) ,~ F Anemic Exhibit A File No.: NCS-901990-A-LA2 Commitment for Title Insurance ISSUED BY First American Title Insurance Company 5011612 - NCS-901990-A-LA2 The land referred to herein below is situated in the County of Miami -Dade, State of Florida, and is described as follows: LOTS 3, 4, 5, 7, 8, 9 and 10, BLOCK 13 AND LOTS 11 AND 12, LESS THE WEST 50.00 FEET THEREOF, BLOCK 13 OF NORMANDY BEACH SOUTH, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 54, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Page 352 of 1095 Form 5011612 (7-1-14) Page 5 of 12 ALTA Commitment (6-17-06) (with Florida modifications) �cS rnr�.r* 4 FirstAmerican Schedule B -I File No.: NCS-901990-A-LA2 The following requirements must be met: Commitment for Title Insurance ISSUED BY First American Title Insurance Company 11612 - NCS-901990-A-LA2 REQUIREMENTS 1. Pay and/or disburse the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy., 3. Pay all taxes and/or assessments, levied and assessed against the Land, that are due and payable. 4. The following documents, satisfactory to us, creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: a. Record proper Deed from North Beach Town Center Development, LLC, a Delaware limited liability company successor -in -interest to Oliveira Plaza Associates, LLC, a Delaware limited liability company, to To be determined. Note: Items 1, 2, 3, 4, 5 and 6 of Schedule B, Section 2 of the Commitment, will be deleted from any policies issued pursuant thereto upon our review and acceptance of a survey acceptable to the Company, certified in accordance with Florida Statutes, or such other proof as may be acceptable to the Company, relating to any rights, interests or claims affecting the land which a correct survey would disclose, and an Affidavit of Possession and No Liens in accordance with Florida Statutes, and the Company's review of the potential exposure for construction liens. The Company reserves the right to include exceptions from coverage relating to matters disclosed by the survey or other proof, the Affidavit, or discovered in the Company's review of the potential exposure for construction liens, and to make such additional requirements as it may deem necessary. 6. Satisfactory evidence of payment of any municipal liens or assessments for public improvements or assessments, as provided for by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water, sewer or gas systems supplying the lands described herein. A municipal lien search will need to be ordered and will take 10 to 15 business days to complete. Suggested vendors are: Abramowitz Tax & Lien Service, Inc. 816 South Military Trail Deerfield Beach, FL 33442 phone: (954)480-6529 American Lien & Estoppel Services, LLC 6413 Congress Avenue, Ste 130 Boca Raton, FL 33487 phone: (561) 922-5305 Page 353 of 1095 Form 5011612 (7-1-14) Page 6 of 12 ALTA Commitment (6-17-06) (with Florida modifications) 7. We find no outstanding voluntary liens of record affecting subject property. Disclosure should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any possible security interest in the subject property. B. Pay any and all taxes and/or assessments, levied and assessed against the Land, that are due and payable. Note: 2019 Taxes show PAID, in the Gross amount of : $28,505.77, for Parcel I.D. No.: 02-3211- 002-0970 Note: 2019 Taxes show PAID, in the Gross amount of : $17,092.35„ for Parcel I.D. No.: 02-3211-002- 0990 Note: 2019 Taxes show PAID, in the Gross amount of : $16,369.87, for Parcel I.D. No.: 02-3211-002- 1010 Note: 2019 Taxes show PAID, in the Gross amount of : $16,369.87, for Parcel I.D. No.: 02-3211-002- 1020 Note: 2019 Taxes show PAID, in the Gross amount of : $16,369.87, for Parcel I.D. No.: 02-3211-002- 1030 Note: 2019 Taxes show PAID, in the Gross amount of : $16,573.34, for Parcel I.D. No.: 02-3211-002- 1040 Note: 2019 Taxes show PAID, in the Gross amount of : $21,752.38, for Parcel I.D. No.: 02-3211-002- 1050 9. Prior to closing, the Company must confirm whether the county recording office in which the Land is located has changed its access policies due to the COVID-19 outbreak. If recording has been restricted, specific underwriting approval is required; and, additional requirements or exceptions may be made. FLORIDA RECORDING FEES: Recording Fees: $10.00 for the first page / $8.50 each additional page PLUS e -filing fee of $4.00 per document PLUS $1.00 indexing fee for each name over 4 Deed Transfer Tax (called Documentary Stamp Tax): $.70 per $100 (rounded up to the nearest $100) for all FL counties EXCEPT Miami -Dade where the rate for all property except single family residences is $10.50/$1000 (rounded to the nearest $100) Mortgage Tax: Comprised of 2 taxes: Documentary Stamp Tax PLUS Intangible Tax Documentary Stamp Tax: $.35/$100 (rounded up to the nearest $100) Intangible Tax: $2.00/$1000 In the case of taxes on Mortgage Modifications or Assumptions, please contact the assigned FL Underwriter. FLORIDA RECORDING STANDARDS: Margins - First Page: Leave 3" x 3" right hand top margin blank; place name and address of preparer and return -to address in left hand 3'; all other margins: 1" Margins - Add'I Pages: 1" Paper Size: Either 8.5" x 11" or 8.5" x 14" Tax Parcel No.: Must be present on the face of all deeds. Page 354 of 1095 Form 5011612 (7-1-14) Page 7 of 12 ALTA Commitment (6-17-06) (with Florida modifications) Signatures: Names must be legibly printed, typed or stamped immediately beneath the signatures. Addresses: The post office address of Grantor and Grantee must be legibly printed, typed or stamped within the document. Witnesses: Two (2) witnesses are required on all conveyances of an interest in land. The name of each witness must be legibly printed, typed or stamped beneath the signatures. Preparer/Return-to: The name, title and address of the person who prepared the document must be legibly printed, typed or stamped after the words "This document prepared by:" Also include a return -to address on the first page. 10. This transaction may be subject to a Geographic Targeting Order ("GTO") issued pursuant to the Bank Secrecy Act. Information necessary to comply with the GTO must be provided prior to the closing. This transaction will not be insured until this information is submitted, reviewed and found to be complete. Page 355 of 1095 Form 5011612 (7-1-14) Page 8 of 12 ALTA Commitment (6-17-06) (with Florida modifications) Hm# American ..< Schedule B -II File No.: NCS-901990-A-IA2 Commitment for Title Insurance ISSUED BY First American Title Insurance Company 5011612 - NCS-901990-A-LA2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defect, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 3. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land. 4. Any lien, for services, labor, or materials in connection with improvements, repairs or renovations provided before, on, or after Date of Policy, not shown by the public records. 5. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is, at Date of Policy, or was previously under water. 6. Taxes or special assessments not shown as liens in the public records or in the records of the local tax collecting authority, at Date of Policy. 7. Any minerals or mineral rights leased, granted or retained by current or prior owners. The lien of the taxes for the year 2020 and all subsequent years, which are due and payable, but are not yet delinquent and taxes and assessments for the year 2019 and all subsequent years, which are not yet due and payable. 9. Provisions of the Plat of Normandy Beach South, according to the plat thereof recorded in Plat Book 21, Page 54 of the Public Records of Miami -Dade County, Florida. 10. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any parties claiming through the lessee(sj under the lease(s). 11. Use restrictions and the terms and provisions therein as contained in the Special Warranty Deed dated March 13, 2017, recorded in Official Records Book 30456, Page 750. Page 356 of 1095 Form 5011612 (7-1-14) Page 9 of 12 ALTA Commitment (6-17-06) (with Florida modifications) File No.: NCS-901990-A-LA2 Note: All of the recording information contained herein refers to the Public Records of Miami -Dade County, Florida unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Oficial Record Books of said county, unless indicated to the contrary. Notices - Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company, Attention: Claims Department, 1 First American Way, Santa Ana, CA 92707. Service, Ouality and Availability First American Title Insurance Company cares about its customers and their ability to obtain information and service on a convenient, timely and accurate basis. A qualified staff of service representatives is dedicated to serving you. A toll-free number is available for your convenience in obtaining information about coverage and to provide assistance in resolving complaints at 1-800-854-3643. Office hours are from 8:30 a.m. through 5:30 p.m. Monday through Friday. Page 357 of 1095 Form 5011612 (7-1-14) Page 10 of 12 ALTA Commitment (6-17-06) (with Florida modifications) ast XUFR,r 01/25/2019 Re: File # NCS-901990-A-LA2 Property Address: APN: 02-3211-002-0950, Miami Beach, FL First American Title Insurance Company National Commercial Services 777 South Figueroa Street, Suite 400 777 South Figueroa Street, Suite 400,Los Angeles, CA 90017 Phn -(213)271-1700 Fax -(877)805-5023 YOU MAY BE ENTITLED TO A REDUCED PREMIUM FOR TITLE INSURANCE IF THIS OFFICE IS' PROVIDED WITH A PRIOR OWNER'S POLICY INSURING THE SELLER OR MORTGAGOR IN THE CURRENT TRANSACTION. An order has been placed with this company for a title insurance policy. The purpose of this letter is to provide you with important information regarding the title insurance premium that has been or will be charged in connection with this transaction. Eligibility for a discounted title insurance premium will depend on : REFINANCE TRANSACTIONS: . To qualify for a reduced premium for title insurance you must provide our office with a copy of your prior owner's policy of title insurance insuring your title to the above -referenced property. SALES TRANSACTIONS: To qualify for a reduced premium for title insurance you must provide our office with a copy of your (or your seller's) prior owner's policy of title insurance insuring your title to the above - referenced property. The effective date of the prior owner's policy must be less than three years old or the property insured by the policy must be unimproved (except roads, bridges, drainage facilities and utilities are not considered improvements for this purpose). To qualify for the reduced rate, you or your representative may hand deliver, mail or fax a copy of the prior owner's policy of title insurance to the above address or fax number prior to closing, although we will accept the prior policy up to 5 working days after the closing date of your transaction. Page 358 of 1095 Form 5011612 (7-1-14) Page 11 of 12 ALTA Commitment (6-17-06) (with Florida modifications) FustAmm icon Tide Privacy Information We Are Committed to Safeguarding Customer Information In order to bhp serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you,may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the infornation that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliabed party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such Information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companles. Such affiliated companies include financial service providers, such as title insurers, property and casualty Insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have Joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal information about you to those individuals and entities who need bo know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this Information to measure the use of our site and to develop Ideas to Improve the content of our site. There are times, however, when we may need Information from you, such as your name and email address, When information is needed, we will use our Crest efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your Inquiry, process an order or allow you to amus specific acoount/profile Information. If you choose to share any personal Information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browses, which may then store the cookie on your hard drive. Ejlv_AMsam uses stored cookies. The goal of this bechnology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumes in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information In a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRrVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) Page 359 of 1095 Form 5011612 (7-1-14) Page 12 of 12 ALTA Commitment (6-17-06) (with Florida modifications) ATLANTIC broadband July 30, 2021 Ben Stigler North Beach Town Center Development, LLC 20533 Biscayne Blvd, Suite # 372 Miami, FI. 33180 Re: Clearance of Easement Folio# 02-3211-002-0850 02-3211-002-0860 02-3211-002-0870 02-3211-002-0880 02-3211-002-0890 02-3211-002-0920 02-3211-002-0930 02-3211-002-0970 02-3211-002-0990 02-3211-002-1010 02-3211-002-1020 02-3211-002-1030 02-3211-002-1040 Address: 326 71 Street 6985 Abbott Ave Vacant Vacant 6961 Abbott Ave 6972 Harding Ave 300 711t Street 6965 Bryon Ave 6957 Bryon Ave 6948 Abbott Ave 6956 Abbott Ave 696,4 Abbott Ave 6972 Abbott Ave 1681 Kennedy Causeway North Bay Village, FL 33141 305-861-8069 Phone 305-865-9845 Fax Legal Description: Lot 11 Block 12 Lot 2, Block 12 Lot 3, Block 12 Lot 4, Block12 Lot 5, Block 12 Lot 16, Block 12 Lot 17-18, Block 12 Lot 3-4, Block 13 Lot 5, Block 13 Lot 7, Block 13 Lot 8, Block 13 Lot 9, Block 13 Lot 10, Block 13 Utility Easement to be vacated, being more particularly described as follows: Page 360 of 1095 The East 5 feet Lots 1 through 5 and the West 5 Feet of Lots 16 through 18 of block 12 of Normandy Beach South as recorded in Plat Book 21, Page 54 of the Public Records of Miami — Dade County, Florida And The South 10 feet of lots 3 and 16, block 12 of Normandy Beach South, according to the plat thereof as recorded in Plat Book 21, page 54 of the Public Records of Miami — Dade, Florida. The 10 wide utility easement is recorded in the official records book 6386, page440 and official records book 6386, page 443 of the public records of Miami Dade County, Florida; And The east 5 feet of lots 3 through 5 and the west 5 feet of lots 7 through 10, of block 13 of Normandy Beach South, according to the Plat thereof As Recorded In Plat Book 21, Page 54, of The Public,Records Of Miami Dade County, Florida. If you have any questions, please contact me. Sincerely, Pete Freytag Construction Manager Atlantic Broadband 1681 Kennedy Causeway North Bay Village FL, 33141 C: 786.251.5989 0: 305.861.8069 x 5208 E: Pfreytag@atlanticbb.com www.atlanticbb.com Page 361 of 1095 `OCl AT&T Florida T: 305-929.4592 I 600 NW 79th Ave, www.att.com Room 360, Miami, FL 33126 July 16, 2021 Ben Stigler North Beach Town Center Development, LLC 20533 Biscayne Blvd. #372 Aventura, FL 33180 Re: Utility Easement Abandonment — Folio: several as indicated below To Whom It May Concern, On behalf of Bellsouth Telecommunications, Inc. d/b/a AT&T Florida, this letter shall serve as notice of "non -objection" to the abandonment of the utility easements located at the properties referenced on the table below, which lie in Block 12 and Block 13, of Normandy Beach South, according to the plat thereof, as recorded in Plat Book 21, Page 54, of the Public Records of Miami Dade County, Florida; this letter shall also serve as notice of "non-objection7 to the abandonment of the utility easements recorded in O.R.B. 6386 Pg. 443, O.R.B. 6386 Pg. 440 and O.R.B. 6386 Pg. 438, of the Public Records of Miami Dade County, Florida Folio Address Legal Description 02-3211-002-0850 326 71st Street Lot 1, Block 12 02-3211-002-0860 6985 Abbott Avenue Lot 2, Block 12 02-3211-002-0870 Vacant Lot 3, Block 12 02-3211.002-0880 Vacant Lot 4, Block 12 02-3211-002-0890 6961 Abbott Avenue Lot 5, Block 12 02-3211-002-0920 6972 Harding Avenue Lot 16, Block 12 Lot 17-18, Block 02-3211-002-0930 300 71st Street 12 02-3211-002-0970 6965 Byron Avenue Lot 3-4, Block 13 02-3211-002-0990 6957 Byron Avenue Lot 5, Block 13 02-3211-002-1010 6948 Abbott Avenue Lot 7, Block 13 02-3211-002-1020 6956 Abbott Avenue Lot 8, Block 13 02-3211-002-1030 6964 Abbott Avenue Lot 9, Block 13 02-3211-002-1040 6972 Abbott Avenue I Lot 10, Block 13 No existing AT&T Florida facilities currently occupy the "Utility Easement" subject to closure. Sincerely, Joel Gonzalez Mgr OSP Planning & Engineering Design AT&T FL Page 362 of 1095 CCROWN P'' )E`R %OO CASTLE July 12, 2021 Ben Stigler Pacific Star Capital, LLC Request for No Objection Letter Vacations of Easements 13 Lots -Referenced Below Miami, Florida Mr. Stigler: 9250 W Flagler Street Miami, FL 33174 Based on the information provided by you, copies of which I have enclosed, there appears to be no Crown Castle Fiber facilities within the specific limits of the above -referenced areas. As such, Crown Castle Fiber, LLC has no objection to the vacation of easements on the 13 sites you referenced. If the information provided is erroneous in any way, please notify us immediately and consider this letter of no objection rescinded. Sincerely, Danny Haskett D&C0 erations Manager Folio Address Legal Description 02-3211-002-0850 326 71st Street Lot 1, Block 12 02-3211-002-0860 6985 Abbott Avenue Lot 2, Block 12 02-3211-002-0870 Vacant Lot 3, Block 12 02-3211-002-0880 Vacant Lot 4, Block 12 02-3211-002-0890 6961 Abbott Avenue Lot 5, Block 12 02-3211-002-0920 .6972 Harding Avenue Lot 16, Block 12 02-3211-002-0930 300 71st Street Lot 17-18, Block 12 02-3211-002-0970 6965 Byron Avenue Lot 3-4, Block 13 02-3211-002-0990 6957 Byron Avenue Lot 5, Block 13 02-3211-002-1010 6948 Abbott Avenue Lot 7, Block 13 02-3211-002-1020 6956 Abbott Avenue Lot 8, Block 13 02-3211-002-1030 6964 Abbott Avenue Lot 9, Block 13 02-3211-002-1040 6972 Abbott Avenue Lot 10, Block 13 Page 363 of 1095 0 FPL July 13, 2021 Pacific Star Capital LLC 1318 Broadway Santa Monica, FL, 90404 Dear Pacific Star Capital, Florida Power & light Company, 122 SW 3rd Si Miami FL 33130 Phone: 305-377-6100 This letter is in response to your request for the release of a platted utility easement. In meeting with your request, FPL has no objection to releasing our rights in the platted utility easement known as "Normandy Beach South " in Plat Book Plat Book 21, Page Page 54 of the Public records of Miami Dade County . The release is restricted to the following description: The easement being released will be 5ft on the east side of Block 13 Lots 3-5, 5ft on the west side of Block 13 Lots 7-10, 5ft on the east side of Block 12 Lot 1-5, 5ft on the west side of Block 12 Lot 16-18, and l Oft crossing from east to west at the south side of Block 12 Lot 16 & 3. Please reference survey #: 12-000295-9 6/15/21 by John lbarra & Associates Inc. Should you have any questions or concerns, please do not hesitate to contact Sabrina Caneja at 786 774 3426. Sincere! , rcia Engineering Lead an FPL Group company Page 364 of 1095 PECIPL.ES GAS AN EMERA COMPANY 7/12/2021 To: Ben Stigler North Beach Town Center Development, LLC RE: Property Addresses: Fo,o Address Lena' Descript=or 02-3211-002.0850 326 71st Street Lot t, Bieck 12 023211.002-0860 6985 Abbott Avenue Lot 2, Block 12 02-3211-002-0870 Vacant Lot 3, Bleck 12 02-3211-002-0880 Vacant Lot 4, Block 12 02-3211.002-0890 6951 Abbott Averse Lot 5, Block 12 02-3211-002-0920 6972 Harding Avenue tot 16, B.0ck 12 02-3211-002-093Q 300 71st Wee: Lot 17-18, Block 12 02-3211-002-0970 6955 Byron Averue Lot 3.4, WoCk 13 02-3211-002-0990 6957 Byron Averue Lot 5, Bieck 13 02-3211-002-1010 6948 Abbott Averue Lot 7, Bieck 13 02-3211-D02-1020 6956 Abbott Averue Lot 8, Bieck 13 02-3211-002-1030 6964 Abbott Averue Lot 9, Block 13 02.3211-002-1040 6972 Abbott Avenue Lot 10, Bock 13 From: TECO Peoples Gas To Whom It May Concern: After a review of the above referenced properties, TECO -Peoples Gas does not have any present or proposed natural gas mains and/or services within the easement. TECO -PGS has no objection to the vacate of easement and demolition at the above referenced addresses. If you have further questions, please do not hesitate to call. Sincerely, Joan Domning Administrative Specialist, Senior. Peoples Gas -Distribution Engineering 8416 Palm River Road Tampa, FL 33619 Office: 813-275-3783 w Page 365 of 1095 r SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY ABBREVIATIONS: ¢ = CENTER UNE U.E. = UTIUTY FAMMENT L.B. = UCEN5ED 51,151NE55 O.R.B.=OFFICIAL RECORD5 BOOK P.B= PLAT BOOK FG.=PAGE N.A.P. = NOT APART OF. LOCATION SKETCH Scale =N.T.& LEGAL DESCRIPTION: UTILITY (RESERVATION EASEMENT) TO BE RELEASED, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 5 OF LOTS I THROUGH 5 AND THE WEST 5 FEET OF LOTS 16 THROUGH 18, OF BLOCK 12, OF NORMANDY BEACH SOUTH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 54, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AND THE EAST 5 OF LOTS 3 THROUGH 5 AND THE WEST 5 FEET OF LOTS 7 THROUGH 10, OF BLOCK 13, OF NORMANDY BEACH SOUTH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 54, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND "CITY5 PRIVATE EASEMENT ( O.R.B. 6386, PAGES 438, 440, AND 443, MIAMI- DADE COUNTY RECORDS. THE SOUTH 10 FEET OF LOTS 3 AND 16, BLOCK 12, OF NORMANDY BEACH SOUTH, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 54, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE I O' WIDE UTILITY EASEMENT 15 RECORDED IN OFFICIAL RECORDS BOOK 6386, PAGE 440 AND OFFICIAL RECORDS BOOK 6386, PAGE 443 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; SURVEYOR'S NOTES: 1. NO SEARCH OF THE PUBLIC RECORD5 HAS BEEN MADE BY JOHN IBARRA € A550CIATE5 , INC. 2. THIS SKETCH 15 BASED ON INFORMATION FURNISHED BY CLIENT OR CLIENT'5 REPRESENTATIVE. 3. THE SKETCH AND LEGAL DESCRIPTION 15 CERTIFIED TO THE CITY OF MIAMI BEACH. SURVEYOR'S CERTIFICATION: 1 HEREBYCERRFY: THIS SPECIFIC PURPOSE SURVEY OF THEPFOPFRTY DESCRIBED HEREON, HAS RECFNTLYBEFN SURVEYED AND DRAWN UNDER MYSUPERVISIOK AND COMPLIES WITH THE STANDARDS OF PRACTICEAS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL (AND SURVEYORS IN CIIAPTER&A17. FLORIDA ADLONISTRATIVE CODE PURSUANT TO 172027, FLORIDA STAMM- ''' - Digitally signed by i - JOHN A MARRA Date: 2021.10.05 _}j'• ':.`.. 15:12:10-04'00' 1 Adobe Acrobat version: 06(15/Z021 BY., 2021.00,7.20095 JOHN IBARRA pATEoFF03Dwo" PROFESSIONALLANDSURVEYORNO.:5204 STA7EOFRowA '0A"IBA RR7 DRAWN BY: DA ,R0" -2N IBAFRRA 4-A LDATE: 06(15/2021 I?rofe--' � :al !--"_-_L1=` Sui'Ve��c,-" L887806 r, r a. r z:.'•, :.,: ;. ur 1 LGO-1 - -- �L <,._Ia e . , SOUTH Digitally signed byJOHN A NO: 12-000295.9 1" t ' u t,' IBARRA _ _ Date: 2021.10.0515:12:28 1OF2.::<:,.. :..';,;' FaY.:I>.::.::. -04'00' Pace 366 of 1095 Adobe Acrobat version: 2021.007.20095 i 1 25.0' iMi I� SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY N GRAPHIC SCALE -40 0 40 80 £ (IN FEET) 1 INCH = 80 FEET B LOT 6 '©i------------i. xy4 � I I I I V w I I LOT 7 1 LOT 8 1 LOT 9 LOT I( iu�y I I I I I 5.0' RESERVATION 0 f ; l EASEMENT LOT 10 BLOCK 13 I.! I (PER PLAT)BLOCK I; m i 0 BY CMB 5.0' RESERVATION m i 1OT III LOT III LOT 12 BLOCK 13 III BLOCK 13 r-2c0�---------- ------------III Ijl _i IT ay4 50.0 LOT 2 I l i l BLOCK 13 I IDT I I i.l i x m ` BLOCK 13 i I BLOCK 13 wRRC PLA1CF PLAT (N.A.P.) ARAHHCHmGm(H.IF.) LOT I (a.a.Y1104) LOT 12 BLOCK H I BLOCK H DRAWN 8Y: ! 5.0' RESERVATION LOT 3 f ; l EASEMENT LOT 10 BLOCK 13 I.! I (PER PLAT)BLOCK I; --------------- i BY CMB 5.0' RESERVATION LOT 4 EASEMENT! i 1OT BLOCK 13(PER PLAT) ` BLOCK 13 BE RELEASED_ _ -TO -- BY CMB r-2c0�---------- _i IT ay4 LOT 5 l i l O m LOT 8 BLOCK 13 i.l i x m ` BLOCK 13 --- ----------- LOT GL IEI 1`I i OT LOT 7 BLOCK 13 I I BLOCK 13 I i wRRC PLA1CF PLAT (N.A.P.) ARAHHCHmGm(H.IF.) LOT I (a.a.Y1104) LOT 12 BLOCK H I BLOCK H DRAWN 8Y: DA DATE : 06/15/2021 SCALE: 1'=80' SURVEY NO: 12-000295.9 SHEET: 2 OF 2 �o7S------------ I I I I I �Qy4 LOT 9 ILOT 101 LOT 1 1 I LOT 121 1 p LOT 13 ? I I I I I I o fi y. ,.1_. Ln ;'Tse --T m ' b ' Lri I 30.0' ; 30.0' 1 I , -,LOT 1 I.; I 5.0' RE5ERVATION 25,0 ' 25.a BLOCK 12 ! I EA5EMENT LOT 10 IIIBLOCK 12 I (PER PW. --------------- LAT) I I TOLE REAS€D -- BY CMB j 5.0' RESERVATION LOT 2 ! . I LOT 17 .� EA5EMENT BLOCK I2 i i BLOCK 12, (PER PLAT) T0-BE-RELfA5ED_ ;--------------- f: I BY GMB III LOT 16 ' LOT 3I I BLOCK 12 j i BLOCK 12 LOT 4 ! I LOT 15 BLOCK 12 , I I F BLOCK 12 o I I w •00 ---------- x ° -, i- �v- v -------- i Oar a.- LuU0 Do - LOT 5 x m 4 I. I � LOT 14 BLOCK 12 i. I lD ap q1 BLOCK 12 I I- m CO u 11100,[-[ i ca LOT6 111 Ow00 LOT 13 CD BLOCK 12 I — w BLOCK 12 i Co,F..-,WPLATOF \_LlMrr5 OF TH15 A7L4NRIC MMMM(KA.R) PLAT (N.A.P.) LOT I IFaaPof4) LOT 12 BLOCK E BLOCK E Prof P�; &inr1_?I 1- —Q- -Our-'ey-ur A oe pears -, -, _ _. ;:: - s•R.:.ri0 51.4"4 SOU7H C -v FR , FL '::X: ,-__,0-266- 10N'�BARQ1 "!Flay W L"7ws Digitally signed by JOHN A IBARRA Date: 2021.10.05 15:12:43 -04'00' Adobe Acrobat version: 2021.007.20095 October 5,'2021 Benjamin Stigler North Beach Town Center Development, LLC20533 Biscayne Blvd., Suite #372 Miami, FL 33180 City of Miami Beach Public Works Department 1700 Convention Center Drive Miami Beach, Florida 33139 And City of Miami Beach — City Attorney's Office 1700 Convention Center DriveMiami Beach, FL 33139 Re: Developer's Request Termination and; Release of a 10 -foot easement running East/West, along the southerly 10 feet of lots 3 and 16, of Block 12, of the Plat of Normandy Beach South, recorded in Plat Book 21, at Page 54 (the "Plat"), relating to a City utility easement, recorded in O.R. Book 6386, at Pages 438, 440, and 443 of the Public Records of Miami -Dade County ("City's Private Easement"); and City's release, pursuant to Resolution, of its right to access, operate and maintain utilities within a 5 foot reservation easement, as noted ori said Plat (note: a strip of land 5 -feet wide is reserved in the rear of each lot), particularly described as: Lots 1-5 and Lots 16- 18; of Block 12; and Lots 3-5 and Lots 7-10, of Block 13, according to said Plat ("Platted Easement") (collectively, "Developer's Request"). To Whom It May Concern: North Beach, Town Center Development, LLC ("Developer") respectfully referenced request in connection with its development of the below ("Developer's Properties") into a multistory mixed-use project, including garage and retail uses (DRB File No. 19-0424) (the "Development"): Page 1 of 3 Page 368 of 1095 makes the above list of properties residential, parking Folio Address Legal Description 02-3211-002- 326 71 st Street Lot 1, Block 12 0850 02-3211-002- 6985 Abbott Lot 2, Block 12 0860 Avenue 02-3211-002- Vacant Lot 3, Block 12 0870 02-3211-002- Vacant Lot 4, Block 12 0880 02-3211-002- 6961 Abbott Lot 5, Block 12 0890 Avenue 02-3211-002- 6972 Harding Lot 16, Block 12 0920 Avenue 02-3211-002- 300 71st Street Lot 17-18, Block 12 0930 02-3211-002- 6957 Byron Lot 5, Block 13 0990 Avenue 02-3211-002- 6948 Abbott Lot 7, Block 13 1010 Avenue 02-3211-002- 6956 Abbott Lot 8, Block 13 1020 Avenue 02-3211-002- 6964 Abbott Lot 9, Block 13 1030 Avenue 02-3211-002- 6972 Abbott Lot 10, Block 13 1040 Avenue Lot 11 &12, Block 02-3211-002- 6988 Abbott 13, 1050 Avenue Less he W50' thereof Page 2 of 3 Page 369 of 1095 The Developer has requested that the City execute a Termination and Release Agreement of the City's Private Easement and that the City release its interest in the Platted Easement, lying within the property limits of the Developer's Properties (collectively, the "Impacted Easement Areas"), in that, the proposed Development will encompass the Impacted Easement Areas (the "Developer's Request"). the City's Private Easement contains electrical and water facilities and the Platted Easement contains water facilities. Attached are letters of no objection from utility and telecommunications companies that service the Developer's Properties and adjoining impacted properties ("Adjoining Impacted Properties"). The Adjoining Impacted Properties shall mean: Lots 1, 2, 6, and the west 50 feet of Lots 1 and 12, of Block 13; and Lots 6, 13, 14, and 15 of Block 12. In connection with the Developer's Request, Developer, at its sole cost and expense, shall be responsible for the removal, relocation, and replacement of the utility facilities located within the Developer's Properties and Adjoining Impacted Properties, subject to approval, by the City, of the new locations and the type of new utility facilities to be installed (the "Utility Facilities Relocation Project"). Since the Impacted Easement Areas also serve the Adjoining Impacted Properties, Developer has agreed to: (1) construct new utility facilities, as may be requested by the City, that will provide the required functionality and capacity for the Developer Properties and Adjoining Impacted Properties; (2) secure all required consents to conduct work on the Adjoining Impacted Properties in connection with the Utility Facilities Relocation Project, which may include the relocation of some utility facility components lying within the Adjoining Impacted Properties including, without limitation, water and/or irrigation facilities and meters; and (3) not commence the foundation or clearing work on the .Developer's Properties until such time as the Developer has completed the Utility Facilities Relocation Project. Developer shall also pay for any costs associated with the City's approval of the new utility easements including, without limitation, recording fees, title search fees, and professional services related to the preparation of surveys, opinions of title and any other additional costs related to the Development approval process. Thank you in advance for your thoughtful consideration. If you have any questions or need additional information, please contact me at (262) 271-0932 or via email at bstigier@pacfficstarcapital.com. Respectfully, North Beach Town Center Development, LLC Benjamin Stigler, Page 3 of 3 Page 370 of 1095