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Termination of Grant of Easement and Agreement for Storm Water and Transportation Improvements ( TCH 500 Alton, LLC) III1L 11111 I1111 I111I 111111111111111111I lilt C:FH 2022R0358926 OR BK 33164 Pas 3891-3900 (10Pss) RECORDED 05/02/2022 12:23:54 This instrument was prepared by: HARVEY RUVIN► CLERK OF COURT MIAMI-DADE COUNTY? FLORIDA Name: Rafael Paz, Esq. City Attorney Address: City of Miami Beach 1700 Convention Center Drive,4'h Floor Miami Beach, Florida 33139 TERMINATION OF GRANT OF EASEMENT AND AGREEMENT FOR STORM WATER AND TRANSPORTATION IMPROVEMENTS THIS TERMINATION OF GRANT OF EASEMENT AND AGREEMENT FOR STORM WATER AND TRANSPORTATION IMPROVEMENTS(the"Termination")is made and entered into as of the made this 294'day of April,2022,by TCH 500 Alton, LLC, a Delaware limited liability company, having an address of 3310 Mary Street, Coconut Grove Florida 33133 ("500 Alton") in favor of the City of Miami Beach, a Florida municipal corporation(the"City"). RECITALS A. The predecessor property owner to 500 Alton and the City are parties to that certain Grant of Easement and Agreement for Storm Water and Transportation Improvements dated October 29, 2013 and recorded August 22,2014 in Official Records Book 29281,Page 1097 of the Public Records of Miami- Dade County, Florida (the "Easement Agreement"), which Easement Agreement attaches the legal description that is attached to this Termination Agreement as Exhibit A. B. 500 Alton and the City were negotiating an amendment and restatement of the Easement Agreement entitled "Amended And Restated Grant Of Easement And Agreement For Storm Water And Transportation Improvements" to be executed by and among 500 Alton, 1220 SIXTH, LLC, a Delaware limited liability, SOUTH BEACH HEIGHTS 1, LLC, a Delaware limited liability company, KGM EQUITIES, LLC, a Delaware limited liability company, and ALTON ROAD DEVELOPMENT, LLC, a Delaware limited liability company, which amendment and restatement of the Easement Agreement was never finalized or executed(the"Proposed Easement"). C. 500 Alton and the City seek to terminate and extinguish the Easement Agreement,and to terminate and extinguish the negotiations of the Proposed Easement, in their entirety by the recordation of this Termination. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound hereby agree as follows: 1. Recitals.The above recitals are true and correct and by this reference are hereby incorporated into the body of this Termination as if fully set forth herein. 2. Termination and Discharge of Easement Agreement. Error)Unknown document property name. A. 500 Alton and the City hereby terminate and extinguish the Easement Agreement in its entirety and discharge the same from Public Record, and from and after the date on which this Termination is recorded in the Public Records of Miami-Dade County, Florida: (a) all of the rights, easements, licenses and interests created and granted in and by the Easement Agreement shall be terminated, extinguished,released,vacated,discharged and of no further force or effect;(b)the parties to the Easement Agreement shall be fully released and discharged from the Easement Agreement and all rights,obligations and liabilities thereunder as though the same had never existed; and (c)the property encumbered by the Easement Agreement shall be fully released and discharged from the Easement Agreement and all easements, licenses and interests created and granted therein and thereby as though the same had never existed. B. 500 Alton and the City hereby acknowledge and agree that (a) the Proposed Easement was never finalized or executed, and (b) all prior representations, discussions, negotiations, understandings and agreements with respect to the Proposed Agreement are hereby terminated and extinguished, and from and after the date on which this Termination is recorded in the Public Records of Miami-Dade County, Florida, all such representations, discussions, negotiations, understandings and agreements shall be of no further force or effect. 3. Miscellaneous. 3.1 This Termination shall be governed by,enforced and construed under the laws of the State of Florida. Venue for all actions, litigation and/or other proceedings arising out of this Termination shall be exclusively in Miami-Dade County, Florida. The parties hereby knowingly and voluntarily waive the right to a trial by jury of any claim, controversy or disputed matter between them. The prevailing party in any action, litigation or other proceeding that is based on any claim,controversy or other disputed matter arising under, out of or in connection with this Termination shall recover from the non-prevailing party all fees, costs and expenses(including, without limitation, reasonable attorneys' fees and costs through all trial,appellate and post judgment levels and proceedings) incurred by the prevailing party in such action, litigation or other proceeding. No party to this Termination shall be entitled to any pre judgment interest. 3.2 The parties hereby acknowledge and agree that each has had an opportunity to be represented by or consult with independent legal counsel and that any rule of construction which provides that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction of this Termination. If any term, provision or portion of this Termination is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction,then such term,provision or portion of this Termination shall be given it nearest valid, legal and enforceable meaning,or construed as deleted, whichever such court may determine, and the same shall not invalidate the remaining terms, provisions and/or portions of this Termination, which remaining terms, provisions and portions of this Termination will remain in full force and effect. 3.3 This Termination, together with all such exhibits, contains the entire agreement and understanding between the parties relating to the subject matter of this Termination, and all prior or contemporaneous terms, covenants, conditions, representations, warranties, statements, agreements and understandings made by or on behalf of the parties, whether oral or written,are merged herein. 3.4 This Termination may not be amended,modified,or terminated except by a written instrument executed by the party or parties against whom enforcement is sought and which is recorded in the Public Records of Miami-Dade County, Florida. This Termination shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns. 2 3.5 Wherever appropriate in this Termination,the singular shall be deemed to refer to the plural and the plural to the singular,and pronouns of each gender shall be deemed to comprehend either or both of the other genders. The section and paragraph headings in this Termination are for convenience only and shall not affect the meaning, interpretation or scope of the terms or provisions set forth therein. 3.6 This Termination may be executed in multiple counterparts, each of which individually shall be deemed an original, but when taken together shall be deemed to be one and the same Termination. [signatures follow on next page] 3 6 IN WITNESS WHEREOF,the parties hereto have duly executed this Termination as of the date and year first set forth. TCH 500 , LLC a e ware limited liability comp Print Name: D.4i�,{. G✓d�4.1 By: Name: D id Marti Title: Authorized 'gnatory Print Name: 4.6 Lk. (Apo Print Name: By: Name:Russell Galbut Title: Authorized Signatory Print Name: STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of% sical presence or E7 online notarization this /b day of April, 2022,by David Martin,an Authorized Signatory of TCH 500 Alton, LLC, a Delaware limited liability company, on behalf of the Company. He is Q personally known to me or ❑ has produced as identification. (SEAL) 7 Q NO RY SIGNATUU ,,s,,,,;% CARLA D. ARRIETA �Q • "—+A,,tf�'�"fA 1% ' Notary Public-State of Florida /="\•" Commission 0 NH 64852 (Notary Public,State of Florida M Commission Expires °�����`/ November 17, Z024 My Commission expires: 11//1"/14=041 [Signature page to: TERMINATION OF GRANT OF EASEMENT AND AGREEMENT FOR STORM WATER AND TRANSPORTATION IMPROVEMENTS] IN WITNESS WHEREOF,the parties hereto have duly executed this Termination as of the date and year first set forth. TCH 500 Alton, LLC, a Delaware limited liability company Print Name: By: Name: David Martin Title: Authorized Signatory Print Name: Print Name: 'C Marla_ By: Na s II Title: Authorized Signatory Print Name: STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of❑ physical presence or 0 online notarization this day of April,2022,by David Martin, an Authorized Signatory of TCH 500 Alton, LLC, a Delaware limited liability company, on behalf of the Company. He is Q personally known to me or ❑ has produced as identification. (SEAL) NOTARY SIGNATURE Notary Public, State of Florida My Commission expires: [Signature page to: TERMINATION OF GRANT OF EASEMENT AND AGREEMENT FOR STORM WATER AND TRANSPORTATION IMPROVEMENTS] STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me by means of Lil' yysical presence or 0 online notarization this Jjday of April, 2022, by Russell Galbut, an Authorized Signatory of TCH 500 Alton, LLC, a Delaware limited liability company, on behalf of the Company. He is C�J personally known to me or❑ has produced as identification. (SEA - %y: DAYAM!AGU!AR ��k �i Notary Public.State of Florida +" `` Commission#GG 183448 ` ` My Comm.Expires Mar 1G,zoz.3 N R SIGNAT E • Bonded through Nations!Notary Aszn. Notary ublic, State of Flor'da My Commission expires: / APP' I VED a` 2 z2. P N;•orks 4i;e'r Da APPROVED AS TO FORM&LANGUAGE , fib -a°1 o 4Iz I2Z City Attorney Date Witnesses: CITY OF MIAMI BEACH, FLORIDA, a municipal corporation Sign Name: C (( By: Print Name: Grill earpevl-ter Dan Gelber, Mayor Sign Name: Print Name: figi4 or ATTEST: APR 2 5 20n City Clerk {-% %IntQil"ORATEDI STATE OF FLORIDA ) 'T. 4, ) SS: ;C+ T COUNTY OF MIAMI-DADE ) The foregoing instrument wvacknowledged before me, by means of [ ✓l physical presence or[ 1 online notarization,this Z2 day of April,2022 by Dan Gelber,as Mayor of the City of Miami Beach, a Florida municipal corporation on behalf of such municipal corporation, who [✓1 is personally known to me or[ ]has produced p-b) as identification. C • T4**—Q/1-' • NOTARY SIGNATURE Print or Stamp Name: - Notary Public,State of Flor ., ROBERTF ROSENWALD,JR. Commission No.: + .= MY COMMISSION#00 921672 14. My Commission Expires: - WIRES:December 7,2023 1e Yondoa Tin wiry Pubic umdM vdters A EXHIBIT A [attached I E R F:K 3. _L t; 4 P G 3 9 0 a_rl LAST PAGE COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 3921 SW 47TH AVENUE, SUITE 1011 11061 DAVIE, FLORIDA 33314 CLIENT : •' CERTIFICATE PHONE (54) 689-77661ZAFAXN(954) 6894 78 CRESCENT HEIGHTS 799 LAND DESCRIPTION AND SKETCH LAND DESCRIPTION: A PORTION OF LOTS 1, 17, 18 AND 19 OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 7.48 FEET TO THE POINT OF BEGINNING AND A POINT ON A TANGENT CURVE, CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 65.5 FEET, A CENTRAL ANGLE OF 87'00'49" AND AN ARC DISTANCE OF 99.47 FEET; THENCE SOUTH 86'38'28" WEST, A DISTANCE OF 112.67 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 19'33'06" WEST); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 29.30 FEET, A CENTRAL ANGLE OF 46'06'19" AND AN ARC DISTANCE OF 23.58 FEET; THENCE NORTH 24'20'35" WEST ALONG THE WESTERLY LINE OF SAID LOT 17, A DISTANCE OF 14.63 FEET; THENCE NORTH 89'37'56" EAST, A DISTANCE OF 125.06 FEET; THENCE NORTH 59'18'01" EAST, A DISTANCE OF 83.74 FEET TO THE POINT OF BEGINNING. LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI/DADE COUNTY, FLORIDA; CONTAINING 5,415 SQUARE FEET MORE OR LESS. REVISIONS DATE FB/PG OWN CKO "nrOrtirry .owcss UU40 ocscmrrw4 13KVGI o7/3O/13 ---- AV �� LAND DESCRIPTION �500 BLOCK, 'EACH AIIAAII & SKETCH FOR I(SCALE: N/A ) EASEMENT C SHEET 1 OF 3 Exhibit "A" 1 !1L2 r*CwI447!l4 i1!lgOnO(1 n ..... 1 (1 , F ^,?