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Amendment to Agreement with Floria Power & Light Company Z02- 1 -311E33 Document prepared by and after recording return to: Seth Sheitelman,Esq. Florida Power&Light Company 700 Universe Boulevard Juno Beach,Florida 33408 AMENDMENT TO EASEMENT THIS AMENDMENT TO EASEMENT ("Amendment") is made and entered into this day of ,2022 by and between the CITY OF MIAMI BEACH,FLORIDA,a Florida municipal corporation("Owner")and FLORIDA POWER&LIGHT COMPANY,a Florida corporation ("Company"). Owner and Company are sometimes collectively referred to as the "Parties" and individually as"Party". Recitals WHEREAS,Owner and Company are parties to that certain Easement dated October 25,2021 and recorded in Official Records Book 32847,Page 3965 of the Public Records of Miami-Dade County,Florida under CFN 20210852135 and re-recorded in Official Records Book 32911,Page 4078 of the Public Records of Miami-Dade County,Florida under CFN 20210947161 ("Easement"); and WHEREAS, Owner and Company wish to amend the Easement as set forth herein. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, it is mutually agreed as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by this reference. All initially capitalized terms not otherwise defined in this Amendment shall have the same meaning ascribed to such terms in the Easement. 2. Easement Area. The plan and profile drawing attached as the last page of Exhibit B of the Easement is hereby deleted in its entirety and replaced with the new plan and profile drawing more particularly depicted and described on Exhibit B-1 attached hereto and incorporated herein by this reference. 3. No Further Modifications. Except as expressly modified by this Amendment, the Easement remains in full force and effect and is unmodified. In the case of any conflicts between the terms of the Easement and this Amendment, the terms of this Amendment shall control. This Amendment may be executed in several counterparts, each of which shall be deemed an original but together shall constitute one agreement. [Signatures and acknowledgments appear on following pages.] 1 IN WITNESS WHEREOF,Company and Owner has hereunto set their hands and affixed its seals as of the date first above written. Witness: OWNER: CITY OF MIAMI BEACH, FLORIDA, a Florida 'cipal corporation ect Print Name: Li/i a e'4v'e4i/o :Alina T.Hudak SAA421w4j4EU • e: City Manager Print Name: f{00i44110. SUJA Attest: Print Name:Rafael E. Granado Title: City Clerk ACKNOWLEDGMENT e t NCORP ORATED STATE OF FLORIDA ) y,?�.. 1 .`'p= ) SS: 2�"^P_ COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization,this day of ,2022,by as of the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, on behalf of the City. [NOTARIAL SEAL] Notary: Print Name: Notary Public, State of Florida My commission expires: ❑ Personally Known OR❑ Produced Identification Type of Identification Produced APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 2 City Attorney /L\ Date A41i Witness: COMPANY: Florida Power&Light Company, a Florida corporation By: Print Name: Name: Title: Print Name: ACKNOWLEDGMENT STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of ❑physical presence or 0 online notarization, this _day of , 2022, by as of Florida Power& Light Company, a Florida corporation, on behalf of the corporation. [NOTARIAL SEAL] Notary: Print Name: Notary Public, State of Florida My commission expires: ❑ Personally Known OR 0 Produced Identification • Type of Identification Produced 3 Exhibit B-1 Plan and Profile Drawing 4 I I i I E I PROPOSED MIX MU OE . / / r 114'_\:____ \' \ r wo PROPOSED e PROPOSEIac '�J c) Jr 1 \ PROPOSED WORM MEOW • ' �' 1 . i % \ i• SDI\ ...'..4714 .: . \ 4"'• p1 FIR..R ua"er> E tI s 1 kY3 I /....t,a.1.;/--,...------..... ....__V-..,„ ,...'Is .\\ \/ I'll \ N. - l L c 1 .... = , 1 1�= Air- fro VICERSIP3OLI ---- -- -------- .-..., SS:.% E \ ',Mg.., lk., N:- ;, .c/ -. l 1 1 ill �V: • PLAN VIEW 10 11.H VENETIAN SUBSTATION ALTON SUBSTATION rt 10 { ---�'. ---- _ L17�—_ .. ---- 9E510RE EEMM 47610E �� ---- Rao MEMO(LEE 10 BE -- —v _ 01EYm2D OT CPwRAVOR) 0 — — _ ���— —��-- 0 (m 7 FO aR I0ffi NM wE �' �,,•�'- DFO RE I IF CRP 0 CES M Ml=�01cw— 0—=1 M SNRRw s,,, . / %,414✓%—r p��� --- DI, Hm ` .. ,,:' s iii'O — '—g pwA ---- -10 � 7 MI �ED EPE 6'111PD 01141 L� � \- �MI � 40a \ i.,. ,� Si =--- \ O- O, M .. 1> M ter- : 71 � . " )*%AV —►��— 1 �� — ,,i )-20 —11111111111-111111=INVA--- -20 .fi411fi±SnYL v kR 1,s all\O�__— �- _,`Y_��`-M- TIP ODD CROSS SFCPOR 1 AIL - 1 P Y____NEIMI=MINIIIIIIIII MIIIMMINIIIIIIII.��,��,pppp SCALE N.T.i C -30 -- ——_— 30 15+00 16+00 17+00 18+00 19+00 • PROFILE VIEW NOTES I. THE MARS DROWN Icl¢O)ORE MO 0R MORD COLIMENIS OMR MIMES DAY EE61 ISO 061200RE01HROMEN FOE RECORD DIM 1HE CONTRACTOR NM vary DE DAEC L0)12+1 001x 1,041)AE 40 ORDEAL OF RUE DIRORS 02-45 DE"'PROMO( MRM COMLICES.COI ROM TOM CO,all OR 1-H00-0,02O �/���/� 2. ALL PERIM Rea ARE ILO'ONF55 MONDE NO1E0. SA97ER 1 Iu 1REE5 N PERIMMxl 12+0410 TO 0 RNa20 RC TIE Cm INCTOR 0 IS 30 60 90 FEET 0 6 17 IB FEET �� ENGINEERS I. All FOES el 11a WORM 10101RIILIW EASEMG 10 IC 210E0 M IRIREO BE 1I¢ KnowwhrFs below. COv11un0R IS 01EMI5EO er 11E COInPx10R 10 PERFORM 11E ROBE HORIZONTAL SCALE P=30' MEBDCAL SCALE 1-•6' Cell before you dig. 6 NOM 11C an OF MP BEM RCM o uv.ASRME1 RE5IERRION M.BE 25'FROM BON SCEs OF 1Raa DATE 06-22-2021 I SCALE AS SHOWN 1 JOB#140370 MIAMI BEACH TO ALTON & FLORIDA POWER&LIGHT SHEET I OF 1 DR DRC ER D VENETIAN TO ALTON RNO DFJ 10-27-22 ISSUED FOR PERH11 DRC SC) CH SCO COR EXHIBIT 8-1 Du 0 00-22-21 ISSUED FOR PERun DRC SCG CQ 1= r.e APPROVED _ 69kV UNDERGROUND TRANSMISSION LINE PROFILE EASEMENT 1 ER NO OM RENNON In CH CokAPP ER NO OA. REVmoN BY CH COCAIN. MIAMI BEACH GOLF CLUB CFN:20210947161 BOOK 32911 PAGE 4078 DATE:12/17/2021 01:23:54 PM DEED DOC 0.60 HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY DOCUMENT COVER PAGE Document Title: Easement Return Document To/Prepared By: Ignacio Sarmiento Florida Power &Light Company 4200 West Flagler Street Miami,Florida 33134 Parcel#102 Property ID#02-3227-000-0100 NOTE TO CLERK: THIS EASEMENT IS BEING RE-RECORDED FOR THE PURPOSE OF ADDING A COPY OF RESOLUTION NO. 2021-31783 TO THE END OF THE ORIGINAL EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 32847, PAGE 3965 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA • UNDER CFN 20210852135, AND ALL DOCUMENTARY STAMP TAXES AND SURTAXES HAVE BEEN PAID IN CONNECTION WITH THE RECORDING OF THAT EASEMENT. IN THIS REGARD, NO DOCUMENTARY STAMP TAXES ARE DUE HEREON. CFN:20210947161 BOOK 32911 PAGE 4079 CFN:20210852135 BOOK 32847 PAGE 3965 • DATE:11/15/2021 09:00:19 AM • DEED DOC 1,037.40 SURTAX 778.05 Prepared by and Return to: HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY Ignacio Sarmientbo Florida Power and Light Company 4200 West Flagler Street Miami,Florida 33134 Parcel#102 Property ID#: 02-3227-000-0100 2021 - 31783 EASEMENT THIS EASEMENT dated this 2S day of 0 , 2021 is by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Owner"), and FLORIDA POWER & LIGHT COMPANY, a Florida corporation, its contractors, agents, successors and assigns, whose address is P.O. Box 14000, Juno Beach, Florida 33408-0420 ("Company"). For and in consideration of the sum of ONE HUNDRED SEVENTY-TWO THOUSAND NINE HUNDRED and NO/100 DOLLARS ($172,900.00) and other good and valuable consideration paid by Company, the receipt and sufficiency whereof is hereby acknowledged by Owner, Owner does hereby grant, bargain, sell and convey to Company, its contractors, agents, successors, and assigns, easement interests and rights for the purposes described and set forth in the attached Exhibit A in, on, over, under, upon and across the lands located in Miami-Dade County, Florida described as Parcel 102 in the attached Exhibit B, each exhibit being incorporated herein by reference. (Executions and Acknowledgments on following pages.) CFN:20210852185 BOOK 32847 PAGE 5988 IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument on the date set forth below. Signed,sealed and delivered CITY OF MIAMI BEACH,FLORIDA in the presence of: a Florida municipal corporation • By. e iuna Print e: Alina T.Hudak rint Name: f i g r ,,�, Title: City Manager '�J � Attest: Witness Si afar �) Print Name: afael E. Granado Print Nam : -(4)t--(tck 9. Cc,rn.-'^ Title: City Clerk • "CC>\' i ACKNOWLEDGMENT �," /7 ;Y _ STATE OF FLORIDA ) � � I • COUNTY OF MIAMI-DADE ) fit`;/`. ( . ' The foregoing instrument was acknowledged before me by means of El physical presence or❑online notarization,this a 5 day ofOd)bQ . ,2021,by Aline. T. Hudak as City Manager of the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, on behalf of the City. He/She is Personally Known to me ❑ OR Produced as Identification IN WITNESS WHEREOF,I hereunto set my hand and official seal. • cimsagA4Q, ,j..--e. NOTARY PUBLIC, STATE OF FLORIDA Print Name: Fe.,RNOttik SiulA Commission No.: My Commission Expires:02l N f QQDa, APPROVED AS TO . S►lgtp, FERNANDASILVA FORM & LANGUAGE • • '_". •;ks MY COMMISSION#cs230013 & FOR EXECUTION 1'1.:�;-�P;; EXPIRES:August27,2022 •/' ' .„*;°•` BondedTruNotaryPublicUnderwriters 6/14 , 4di City Attorney to `/"rt CFN:20210842185 BOOK 32847 PAGE 3987 Exhibit A Underground Easement Rights To Be Acquired Parcel 102 (Permanent Underground Transmission Easement). A perpetual, non-exclusive easement for the Company,and its agents, successors and assigns,to be used for the construction, operation and maintenance of an underground electric transmission line,with all rights necessary and convenient for the full use thereof, including cables, wires, fiber optic, markers, boxes, manholes and conduits to be used for the construction, operation and maintenance of the underground transmission line, and all necessary appurtenant equipment (collectively, the "Electrical Facilities"), under, on, through and across the lands located in Miami-Dade County, Florida described as Parcel 102 in Exhibit B attached hereto and incorporated herein by this reference (the "Transmission Easement Area"), together with the rights to repair, reconstruct, inspect, alter, improve, change the voltage as well as the size of, abandon in place, replace with another,remove or relocate within the Transmission Easement Area such Electrical Facilities in, under, on, through and across the Transmission Easement Area, with all rights necessary or convenient for the full enjoyment or use thereof for the above-mentioned purposes; provided that, except in the event of an emergency, Company will coordinate all work authorized pursuant to this Easement with Owner in order to minimize disruption of the Owner's use of its lands; provided that, Company accepts the Transmission Easement Area on an "as is" "where is"basis and assumes all risk with respect to the condition thereof, without limitation, thereunder or appurtenant thereto,whether known or unknown to Owner; provided that, Company shall not (either with or without negligence) cause or permit the use, storage,generation,escape,disposal or release of any Hazardous Substances of Hazardous Wastes in any manner not sanctioned by law. For the purposes of this Agreement,"Hazardous Substances" shall mean,without limitation,all hazardous toxic substances,wastes and materials, all pollutants and contaminants and any other similar substances or materials which are included under or regulated by any present or future Environmental Laws. The term "Environmental Laws" means any local, state or federal law,rule or regulation pertaining to protection of human health and the environment, or environmental contamination, clean-up or disclosure including, without limitation, the federal Comprehensive Environmental Response Compensation and Liability Act of 1980, the federal Resource Conservation and Recovery Act of 1976, and any applicable law concerning waste management for the state where the Premises is located, and amendments thereto,and regulations adopted pursuant to all such statutes,as amended. In all events,Company shall be responsible for remediating any damage caused from the release of any Hazardous Substances or Hazardous Wastes on the Transmission Easement Area caused by Company or persons acting under Company; provided that,no surface structures shall be placed within the Transmission Easement Area by the Company and that the Company shall not restrict vehicular access through, or otherwise enclose, the Transmission Easement Area; provided that, subject to the Company's acquired easement rights herein, to the extent the Company's use of the Transmission Easement Area results in damage to improvements within the CFN:20210882185 BOOK 32047 PAGE 8082 Transmission Easement Area, the Company will repair or replace such improvements with the same, like or better quality, at their original location(to the extent practicable); provided that, any existing buildings or structures, and appurtenances thereto, located within the Transmission Easement Area shall be allowed to remain, and to be maintained, repaired and reconstructed in their current locations, and provided further that, to the extent otherwise legally permissible, such existing buildings or structures, and appurtenances thereto, may be enlarged or expanded with the express written consent of the Company which permission shall not be unreasonably withheld, delayed or conditioned by Company; provided that, subject to the foregoing,the following shall be reserved to the owner(s)of each said property, and its agents, successors and assigns (the"Owner"): the right and privilege to use the Transmission Easement Area for all other purposes permitted,except as herein stated, or as might interfere or be inconsistent with the Company's use, occupation, maintenance or enjoyment thereof,provided that no building or structures,other than fences,driveways,entry roads,surface parking, sidewalks,landscaping or signs,which do not interfere with the Company's use,will be located or constructed by the Owner on the Transmission Easement Area, without the written permission of the Company,provided further,that the Owner shall not excavate any portion of the Transmission Easement Area without the written permission of the Company. Where provided herein that the Owner's use of the Transmission Easement Area is subject to written permission of the Company,such permission shall not be unreasonably withheld or conditioned by the Company; provided that, all notices hereunder shall be in writing and shall be given by (1) established national courier.service which maintains delivery records, (ii) hand delivery, or (ii)certified or registered mail, postage prepaid, return receipt requested to the addressees contained herein, effective upon receipt, or upon attempted delivery if delivery is refused; If to Owner: City of Miami Beach,Florida 1700 Convention Center Drive Miami Beach,Florida 33139 Attention: Parks Department Director With copy to: City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach,Florida 33139 If to Company: Florida Power&Light Company 700 Universe Boulevard Juno Beach,Florida 33408 • Attention: Corporate Real Estate Department With copy to: Florida Power&Light Company 700 Universe Boulevard Juno Beach,Florida 33408 Attn: General Counsel; and CFN:20210952185 BOOK 32947 PAGE 3089 provided that, the parties further agree that nothing contained herein shall be construed or interpreted as(1)denying Owner any remedy or defense available to Owner under the laws of the State of Florida; (2) the consent of Owner to be sued; or (3) a waiver of sovereign immunity by Owner beyond the waiver provided in Section 678,28,Florida Statutes. CFN:20210852185 BOOK 32847 PAGE 5085 Exhibit B Easement Area CFN:20210852185 BOOK 32941 PAGE 39E5 LEGAL DESCRIPTION: A PORTION OF SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, LYING AND BEING IN MIAMI—DADE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 14, BLOCK 11—A OF "RESUBDIVISION OF BLOCK 11—A ISLAND VIEW ADDITION", AS RECORDED IN PLAT BOOK 40, PAGE 12, OF THE PUBUC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, ALSO BEING THE NORTHEAST CORNER OF LOT 13 OF SAID BLOCK 11—A; THENCE SOUTH 63'15'48" EAST, A DISTANCE OF 143.02 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE EAST RIGHT—OF—WAY OF MICHIGAN AVENUE, SAID POINT ALSO BEING A POINT ON THE ARC OF A NON TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 75,00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 37'20'52° WEST); THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID EAST RIGHT—OF—WAY LINE THROUGH A CENTRAL ANGLE OF 21'25'12" AND AN ARC LENGTH OF 28.04 FEET; THENCE NORTH 31'13'18" WEST ALONG SAID EAST RIGHT—OF—WAY A DISTANCE OF 4.11 FEET; THENCE NORTH 01'46'41" WEST A DISTANCE OF 27.50 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 40.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32'12'01" AND AN ARC LENGTH OF 22.48 FEET; THENCE NORTH 33'58'41" WEST A DISTANCE OF 85.35 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 10.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87'22'34" AND AN ARC LENGTH OF 15.25 FEET; THENCE SOUTH 58'38'45" WEST 4.52 FEET TO A POINT ON SAID EAST RIGHT—OF—WAY OF MICHIGAN AVENUE; THENCE NORTH 31'13'18" WEST ALONG SAID EAST RIGHT—OF—WAY LINE 20.00 FEET; THENCE NORTH 58'38'45" EAST 4.47 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 30.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87'22'34" AND AN ARC LENGTH OF 45.75 FEET; THENCE SOUTH 33'58'41" EAST A DISTANCE OF 85.35 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS. OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32'12'01" AND AN ARC LENGTH OF 33.72 FEET; THENCE SOUTH 01'46'41" EAST 52.38 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN THE CITY OF MIAMI—BEACH, IN MIAMI—DADE COUNTY, FLORIDA, CONTAINING 3,803 SQ. FEET (0.0873 ACRES) MORE OR LESS. SURVEY NOTES: 1. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. GRID BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, MERCATOR PROJECTION, NORTH AMERICAN DATUM OF 1983 WITH THE 2011 ADJUSTMENT (NAD 83/11), AND ESTABLISHED BY GLOBAL POSITIONING SYSTEM (GPS) — REAL TIME KINEMATICS (RTK) METHODS, USING THE TRIMBLE VIRTUAL REFERENCE STATION (VRS) NETWORK AND HAVING A REFERENCE BEARING OF S88'02'58"W ALONG THE SOUTH LINE OF LOT 14, BLOCK 11—A (PLAT BOOK 40, PAGE 12, MIAMI DADE COUNTY RECORDS). 3. THIS IS NOT A SURVEY. 4. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 5. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 6. THIS DOCUMENT IS NOT FULL AND COMPLETE WITHOUT ALL SHEETS, CONTAINING A TOTAL OF (2) SHEETS. CERTIFICATE: TO: THE CITY OF MIAMI BEACH I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION AS PREPARED UNDER MY DIRECTION ON JULY 25, 2019. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KCI TECHNOLOGIES �a'AMI 4 H Y 3enjamin B Hoyle 0 � ,6 2021.06.23 BY: BENJAMIN B. HOYLE, P.S.M. 2 STATE OF 41 1 FLORIDA REGISTRATION NO. 6769 00 04— 1 3:52:04 Gi°� FLORIDA 64. EXHIBIT B - 20' PERMANENT EASEMENT Z:\PROJECTS\511900148 ROWER\02L ALTON—VENETIAN_EASEMENTS\SURVEY\CAD\511900148 SO—ALTON VENETIAN 4.2—REV210823.DWG SKETCH AND DESCRIPTION DATE 7/25/2019 DATE REVISIONS ENGINEERS PLANNERS SCIENTISTS MIAMI BEACH GOLF CLUB REVISE SCALE AS SHOWN 6/23/21 NOTES �: CONSTRUCTION MANAGERS `�3 A PORTION OF SECTION 34, TOWNSHIP 53 SOUTH, T FIELD BK. N/A UcEI1 E.lfilfi•, .kd.r"m K 1 CEi1SED BUSINESS N0.6901 RANGE 42 EAST DWG. BY SKN CITY OF MIAMI BEACH, SHEET NO. 1 OF 2 SHEETS MIAMI-DADE COUNTY, FL CHK. BY BBH PROJECT NO. 511900148.02L CFN:20210852185 BOOK 32847 PAGE 8888 �- EAST R/W LINE N. MICHIGAN AVE. /• ' \ \ N58'38'45"E 16 •/ �� 4.47' L=45.75' / 15 > >' `\ `�-R=30.00' MIAMI BEACH /ALTON POINTE LLC A=.,87.22'34" GOLF COURSE /FOLIO: 02-3234-001-0140 \ N31'13'18"W G- 02 '---\ lc S(j$OCX L% ;'tca \538,45,,W : \ \30( V' „ 11. .01 D C°' \ 'YA \ L=15.25 \p.� tA\ pG. -- �-S33'58'41"E ISw" A3. \ �4� R=10.00 \ y \ 85.35' )A -87'22 34 r� `,- i �y • \\ I 14 N33'58'41' \o. ALTON POINTE LLC 85.35' \ FOLIO: 02-3234-001-0130 \ k L=33.72' L=22.48 \ � � R=60.00' S88'02'S8"W_,(REFERENCE BEARING S+ R=40.04� �d=32'12'O1" ` s3' 32'12'Oi SOUTH LINE LOT 14, P.O.C. �`:754$., �/ BLOCK 11-A) SOUTHEAST CORNER r43 ``.F N01'46'41"W 1 I o� i LOT 14 02' �\ 27.5O' I I ��;o ry I 13 N31'13'18"W �` i ALTON POINTE LLC S01'46 41"E FOLIO: 02-3234-001-0120 4.11' ``.., I // 52.38' _-1 -- __------- L=28.04' R=75.00' 0=21'25'12" P.O.B- \ _ -- - — — ---- 19TH ST. V NOTE: LEGEND: THIS DOCUMENT IS NOT M.D.C.R. MIAMI DADE COUNTY RECORDS FULL AND COMPLETE WITHOUT ALL SHEETS, LB LICENSED BUSINESS CONTAINING A TOTAL OF P.B. PLAT BOOK (2) SHEETS P . PAGE P.O.B. POINT OF BEGINNING GRAPHIC SCALE P.O.C. POINT OF COMMENCEMENT 50' 0 50' P.L.S. PROFESSIONAL LAND SURVEYOR R RADIUS CENTRAL ANGLE ( IN FEET ) L ARC LENGTH SQ. FT. SQUARE FEET EXHIBIT B -20' PERMANENT EASEMENT R/W RIGHT-OF-WAY Z:\PROJECTS\811900148 POWER\02ULLTON-VENETIAN-E/SENENTS\SURYEV\OAD\811900148 SD-ALTON VENETIAN 4.2-REV210823.DWG SKETCH AND DESCRIPTION DATE 7/25/2019 DATE REVISIONS —;= ENGINEERS I PLANNERS I SCIENTISTS MIAMI BEACH GOLF CLUB REVISE SCALE AS SHOWN fi/23/21 NOTES smorasmomm CONSTRUCTION NNTIILIOva,s.FGER15d�I.>z33>� A PORTION OF SECTION 77 6500 N. m Marren• Avkd.com 34, TOWNSHIP 53 SOUTH, FIELD 8K. N/A K C 1 9NOSED BUSINESS NO.6901 RANGE 42 EAST DWG. BY SKN CITY OF MIAMI BEACH, SHEET NO. 2 OF _2_SHEETS MIAMI—DADE COUNTY, FL CHK. BY BBH PROJECT NO. 511900148.02L 1 a , . 1 ,0.R1.aVI v0.1 ,ry , .-7 bf.114' n^�.. % ...\ v . ait+c..; r' j1. :II Ill tt J ; 1 L .1\� P9101 VIE W 70 •VENDTIANSU63TNTIWI L:ON:UD.TATION Wfr10 #4ti fa 6mp3^ _ 3 uul.,la L.;m.eRq a I .mks . a . Z I za:c,os 66.03 ,6.0p ty.DO 18.00~--` 14T00 O CD CIP PROFILE VIEW N En n:wvas afts dem ex amass tcylva mc44011 ara ltinm n.L.s v,.�..caen4:l.fo_a iim,;c'r,aa>;+,<°n+ea•1¢ co $Y1 : ..D�N.l6ro.�a:LL31m..»..11a r POWER 1.u:N15n RP.,Wt.,1399.9.011:166.66191 1 I] S1 63 ]a TTF, V 6 4 101:01 O ENGINEERS x4a A...I;1.•e...eay.r:0.L,:w>,$a.6nn0 a 1.:.ro n:: E, eah s6D!OW. 6:Wwax11y*i•:acara-x ,w al 49. '1410.4:RAI:,L•' 71R,tt=u :'t •e' Co Call Ilanyau thy. e;1. Da s.a.,P.K..0 n.n a4m1 RSV,c T•n Ira, ' 61•..`W r:K¢, CD I DATE 0643-139 I SCALE 65 966 44 11e9an l ay • ! DR tr ER N,•hl!:BEACH !O F.T.ON& FOAM PO.914&LlC1! EN Su eoR vENEI N?O ALTON 611 ` Or , No in1!v1 0 a R. D aaT-n cnRD 1w newt oacsc6 (�qq =^"•.. 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' 1 L .:&ACM GD•:CW"3 m 44 m GO 64 CFN:20210947161 BOOK 32911 PAGE 4088 RESOLUTION NO. 2021-31783 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE FOLLOWING INSTRUMENTS IN CONNECTION WITH THE MIAMI BEACH ALTON- VENETIAN UNDERGROUND TRANSMISSION LINE PROJECT: (1) TWO (2) PERPETUAL, NON-EXCLUSIVE EASEMENTS IN FAVOR OF FLORIDA POWER & LIGHT COMPANY (FPL) IN CONNECTION WITH THE INSTALLATION, OPERATION AND MAINTENANCE OF UNDERGROUND ELECTRIC UTILITY FACILITIES: (I) A TEN (10) FOOT WIDE EASEMENT, HAVING AN AREA OF APPROXIMATELY 3,352 SQUARE FEET, LOCATED AT FLAMINGO PARK, WITHIN IN A PORTION OF LOT 7, BLOCK 63, OF "THE OCEAN BEACH FLORIDA ADDITION NO. 3", RECORDED IN PLAT BOOK 2, AT PAGE 81, FOR A TOTAL ONE-TIME USE FEE OF $258,500, ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; AND (II) AN EASEMENT, HAVING AN AREA OF APPROXIMATELY 3,803 SQUARE FEET, LOCATED AT THE MIAMI BEACH GOLF COURSE, ALONG A PORTION OF LOTS 13 AND 14, BLOCK 11-A, OF "SUBDIVISION OF BLOCK 11-A ISLAND VIEW ADDITION", RECORDED IN PLAT BOOK 40, AT PAGE 12, FOR A TOTAL ONE-TIME USE FEE OF $172,900, ATTACHED TO THIS RESOLUTION AS EXHIBIT "B"; AND (2) THREE (3) LICENSE AND USE AGREEMENTS FOR THE STAGING OF CONSTRUCTION EQUIPMENT AND PARKING OF CONSTRUCTION VEHICLES IN CONNECTION WITH THE PROJECT: (I) A LICENSE AND USE AGREEMENT, FOR USE OF APPROXIMATELY 43,011 SQUARE FEET, LOCATED AT FLAMINGO PARK, ALONG MICHIGAN AVENUE, FOR AN ANNUAL USE FEE OF $437,300, ATTACHED TO THIS RESOLUTION AS EXHIBIT "C"; (II) A LICENSE AND USE AGREEMENT FOR WORKING AREA, FOR USE OF APPROXIMATELY 10,302 SQUARE FEET, LOCATED AT THE MIAMI BEACH GOLF COURSE, ALONG MICHIGAN AVENUE, FOR AN ANNUAL USE FEE OF $102,500, ATTACHED TO THIS RESOLUTION AS EXHIBIT "D"; AND (III) A LICENSE AND USE AGREEMENT FOR PIPE PERIMETER, FOR USE OF APPROXIMATELY 35,581 SQUARE FEET, LOCATED AT THE MIAMI BEACH GOLF COURSE, ALONG NORTH MICHIGAN AVENUE AND ALTON ROAD, FOR AN ANNUAL USE FEE OF$340,000, ATTACHED TO THIS RESOLUTION AS EXHIBIT "E". WHEREAS, Florida Power& Light Company ("FPL") has a project to construct a new electric substation and underground transmission line to service customers within the City of Miami Beach; and WHEREAS, the new Alton Substation is located on 4th Street, between Michigan and Lenox Avenues, and its design has been approved by the City's Design Review Board; and WHEREAS, the new underground transmission line will run from the existing Miami Beach Substation, along an underground path parallel to the MacArthur Causeway, to the new Alton Substation on 4th Street, to the existing Venetian Substation underground along Michigan Avenue to 19th Street; and CFN:20210947161 BOOK 32911 PAGE 4089 WHEREAS, the addition of this new substation and underground transmission line will . enhance the reliability and resiliency of the electric grid for the City's FPL customers and FPL has conducted outreach to the communities impacted by the construction of this project through meetings with the neighborhood associations, a public information meeting, and mailing of nearly 16,000 letters with project fact sheet to customers in the area; and WHEREAS, the new Alton Substation Project will be an unmanned facility that will operate quietly and'complement the surrounding community infrastructure and the substation exterior was designed by renowned architect Kobi Karp and was approved by the Miami Beach Design Review Board; and WHEREAS, the areas impacted are as follows: • Construction zone roadways, sidewalks, and vegetation along the route will be impacted. However, FPL will be fully restoring impacted sites, • Locations with permanent easement include Flamingo Park between 11th and 12th Street, and the Miami Beach Golf Course Perimeter on the corner of Dade Boulevard, 19th Street and the North Michigan Avenue intersection, O Locations with temporary staging include Flamingo Park along Michigan Avenue and 13th Street; the Miami Beach Golf Course Perimeter along North Michigan Avenue and Alton Road; and the Miami Beach Golf Course Manhole Area in the southwest corner at the intersection of Dade Boulevard and North Michigan Avenue, • FPL will meet the City's requirement of a minimum 6' fencing with windscreens surrounding all work and staging areas; and WHEREAS, installation of a new underground transmission line will require the transmission power lines to be placed underground and the project timeline has included "no work" periods that the City of Miami Beach requires for high impact events; and WHEREAS, FPL plans for crews to work during daytime hours and to observe a Monday through Saturday work schedule and open trenching is limited to 4th, 5th, and 19th streets; and WHEREAS, during the directional bore drilling phase, there will be noise due to equipment; however, FPL has worked with the contractor to reduce equipment noise by placing sound walls around drilling sites and mufflers on the equipment; and WHEREAS, the Administration recommends approval of the permanent Easements and License and Use Agreements, attached to this Resolution, in order for FPL to move forward with the Miami Beach Alton-Venetian Underground Transmission Line Project. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager and the City Clerk to execute the following instruments in connection with the Miami Beach Alton-Venetian Underground Transmission Line project: (1) two (2) perpetual, non-exclusive easements in favor of Florida Power& Light Company(FPL) in connection with the installation, operation and maintenance of underground electric utility facilities: (i) a ten (10) foot wide easement, having an area of approximately 3,352 square feet, located at Flamingo Park, within in a portion of Lot 7, Block 63, CFN:20210947161 BOOK 32911 PAGE 4090 of "The Ocean Beach Florida Addition No. 3", recorded in Plat Book 2, at Page 81, for a total one-time use fee of$258,500, attached to this Resolution as Exhibit"A"; and (ii) an easement, having an area of approximately 3,803 square feet, located at the Miami Beach Golf Course, along a portion of Lots 13 and 14, Block 11-A, of "Subdivision of Block 11-A Island View Addition", recorded in Plat Book 40, at Page 12, for a total one-time use fee of $172,900, attached to this Resolution as Exhibit"B"; and(2)three(3) License and Use Agreements for the staging of construction equipment and parking of construction vehicles in connection with the Project: (i) a License and Use Agreement, for use of approximately 43,011 square feet, located at Flamingo Park, along Michigan Avenue, for an annual use fee of$437,300, attached to this Resolution as Exhibit "C"; (ii) a License and Use Agreement for working area, for use of approximately 10,302 square feet, located at the Miami Beach Golf Course, along Michigan Avenue, for an annual use fee of$102,500, attached to this Resolution as Exhibit"D"; and(iii) a License and Use Agreement for pipe perimeter, for use of approximately 35,581 square feet, located at the Miami Beach Golf Course, along North Michigan Avenue and Alton Road, for an annual use fee of$340,000, attached to this Resolution as Exhibit"E". PASSED and ADOPTED this 28th day of July, 2021. • ATTEST: Dan Gelber, Mayor 7-21 sib- Zcn1 • Rafael E. Granado, City Clerk • • • • APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Ciiy Attorney Date MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov OFFICE OF THE CITY ATTORNEY • Tel:305-673-7000 Ext 6955 MEMORANDUM Date: August 16, 2022 To: Alina T. Hudak, City Manager ---7 F m: Gisela Nanson Torres, Senior Assistant City Attorney Ext. 6955/Fax: 305-673-7002/giselatorres(a�miamibeachfl.gov Re: Amendment to Sketch for FPL Easement located at Golf Course; Reso No. 2021- 31783. Dear Alina: Attached please find the above referenced document for execution. Once fully signed, please forward to the Clerk or advise me and I will bring down to him for attestation. Thereafter, FPL will execute and record and I will provide clerk with the recorded copy. Should you have any questions, please do not hesitate to call me. Best regards, giada MIAMIEEACH Gisela Manson Torres, Senior Assistant City Attorney Tel:305-673-7000 Ext.6955/giselatorres(p7miamibeachfl.gov