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Utility Easement Agreement Between 3900 Alton Road Owner and City of Miami Beach 02`' �2� '`' I III 11111111111M111111t111111111111 CFNN 2 0 2 4-1R.10384-606 OR BK 34233 P9s 2660-2700 (41P9s) RECORDED O512I: 2O24 15 O7=15 DEED DOC TAX $0 60 SURTAX $0.45 JUAN FERNANDEZ--BARI:MIN CLERK OF THE COURT & COMPTROLLER MIAMI-DADE COUNTY P FL This instrument prepared by: Name: Gisela Nanson Torres, Senior Assistant City Attorney Address: Office of the City Attorney 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 (Space reserved for Clerk) UTILITY EASEMENT AGREEMENT FOR WATER MAIN THIS UTILITY EASEMENT AGREEMENT FOR WATER MAIN, INVOLVING THE GRANT OF A PERPETUAL, IRREVOCABLE, EXCLUSIVE UTILITY EASEMENT FOR, CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, UPGRADE, RELOCATION, EXPANSION AND REMOVAL AND/OR ABANDONMENT ACTIVITIES RELATED TO THE WATER MAIN (AS DEFINED HEREIN) TOGETHER WITH THE NON-EXCLUSIVE RIGHT OF INGRESS, EGRESS AND REGRESS ON, OVER AND THROUGH GRANTOR'S PROPERTY (AS DEFINED HEREIN) FOR ACCESS TO THE EASEMENT AREA (AS DEFINED HEREIN1(the"Agreement") is made this day of ,2024 ("Effective Date"), between 3900 ALTON ROAD OWNER, LLC, a Delaware limited liability company, as owner and grantor, and its successors and assigns (hereinafter called "Grantor") and the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida (the "City"), as grantee, and its successors and assigns (hereinafter called "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of that certain improved real property located within the City's municipal jurisdiction, with a street address of 3900 Alton Road, Miami Beach, Florida, and more particularly described in EXHIBIT"A", attached hereto and made a part hereof(the"Grantor's Property"); and WHEREAS, Grantor obtained approval from the City's Design Review Board ("DRB") (under DRB File No. DRB21-0664 for the construction of a multi-family building on the Grantor's Property (the"Development"); and WHEREAS, the City is the owner of a certain 36-inch (36") subterranean water-main at the Julie Tuttle Causeway, as shown in the plans entitled "Repair of 36-Inch Water Main at Julia Tuttle Causeway," dated April 1999 and consisting of six (6) sheets, a true and correct copy of which are attached hereto as EXHIBIT"B", as such Water Main may be upgraded,expanded, relocated and/or replaced from time to time (collectively, the existing Water Main, together with any future modifications, including any new upgraded, expanded and/or replacement Water Main shall be collectively referred to herein as the'Water Main"); and 1 • • WHEREAS, a portion of the Water Main is located within the northwest corner of Grantor's Property;and WHEREAS,in connection with the Development,Grantor has agreed to convey to the City. a perpetual, irrevocable, exclusive Easement (as defined in Section 2 below) for the City to, _ construct,install,operate,maintain,repair,replace, upgrade, relocate;expand, and, remove and/or abandon its Water Main infrastructure, together with the non-exclusive right of ingress, egress and regress on, over and;through Grantor's Property for access to the Easement Area;and WHEREAS, on February 21, 2024 , the Mayor and City Commission adopted Resolution No. 2024-32914 , authorizing the'City Manager to accept this Easement(as defined in Section 2) on the Grantor s Property. NOW THEREFORE, for and in consideration of ten and no/100 dollars($10.00)and other good and valuable consideration,the receipt of which is acknowledged,the parties hereby mutually covenant and agree as follows: GRANT OF EASEMENT 1. Recitals. The above recitals are true,and:correct and are hereby incorporated into this Agreement. 2. Consideration and Description. the Grantor,for and in consideration of the City's DRB approvals related to Grantor's Development, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, a perpetual,. irrevocable, exclusive easement (the "Easement") under, in, on, through and over a portion of.Grantor's Property, as such property is more specifically described and delineated in .. EXHIBIT"C,"attached hereto and made a part hereof(the"Easement Area")to,construct, install, operate, maintain, repair replace upgrade, relocate,expand,remove and/or abandon the Grantee's Water Main infrastructure, in Grantee's sole discretion, together with the non-exclusive right of ingress, egress and regress on, over and through Grantor's Property for access to the Easement 3.: Uses. 3.1: - The Grantee shall use the Easement and the Easement Area during the Term provided herein solely for the express purposes provided in Section 2 herein. Specifically, the purpose of the easement and easement area is to provide the City the right'to, construct,'install, operate, maintain,repair, replace, upgrade, relocate, expand, remove and/or abandon the.Water Main, in Grantee's:sole discretion,-together with the non-exclusive right of ingress, egress and • - regress on, over and through Grantor's Property for access to the Easement Area, and no other use of the Easement shall be permitted without the express written consent of Grantor: Grantee shall, at all times, use reasonable efforts to utilize the.Easement Area so as not to unreasonably interfere with the Grantor's operation and maintenance.of those areas of Grantor's Property which are not included within the Easement Area. 3.2 The Grantor shall have the right to full use and enjoyment of Grantor's Property,.: except for such use as may unreasonably interfere with the exercise by the Grantee of the rights granted under this Agreement. The Grantor shall have full right to enter upon the.Easement Area without notifying Grantee in order to conduct Grantor's Ongoing Maintenance.Responsibilities (as 2 defined in Section 7); and for other emergency and non-emergency purposes except for such use as may unreasonably interfere with the exercise by the Grantee of the rights granted under this Agreement. Notwithstanding the foregoing Grantor rights, Grantor shall be prohibited from obstructing Grantee's access to, or use of, the Easement Area; and Grantor shall not construct, or permit to be constructed, any type of encroachment, structure or improvement, under, in, on, through or over the Easement Area (collectively, "Easement Encroachments"), except for the installation and maintenance of sod and the following Easement Encroachments, for which the Owner has secured the required City consent under the building plans for the Development (the "Plans"): fence, retaining wall, walkway and irrigation ("Permitted Easement Encroachments"), which may be installed by Grantor at its sole cost. If Grantor installs, or permits the installation of, any other Easement Encroachments, Grantee shall be authorized (but not as its duty) to remove the Easement Encroachments at Grantor's sole cost and expense. Notwithstanding the foregoing authorization, Grantee acknowledges that Grantor's balconies project five feet(5')from the eastern boundary of the Easement Area into the air space above Easement Area at an elevation of 21'-4" NGVD (to bottom of slab). Grantor's balconies shall be excluded from the definition of Easement Encroachments and may not be removed without written authorization from Grantor. Grantee shall use reasonable efforts to avoid impacts to Grantor's balconies while working in the Easement Area; however, if impact cannot reasonably be avoided, Grantee shall not be responsible for any damage caused to the balconies. Nothing contained herein shall be construed as prohibiting the Grantor, at its discretion (but not at its duty), from assisting or acting in an emergency affecting safety of persons on Grantor's Property. However, in providing such assistance or in taking such action(s), the Grantor shall only be responsible for its own costs (if any) associated therewith for those actions taken during emergencies not caused by Grantee's activities or Grantee's use of the Easement Area. Grantee will only be responsible for costs associated with these emergency actions in the event of an emergency situation and the emergency situation was caused by Grantee's activities on Grantor's Property or Grantee's use of the Easement Area, and prior to Grantor undertaking these emergency measures;the Director of Public Works or his designee were notified via a phone call, followed by an e-mail, and Grantee did not respond to the emergency situation within a reasonable amount of time under the circumstances. 3.3 Fifteen (15) days prior to initiating any work in the Easement Area (excluding work related to Grantor's Ongoing Maintenance Responsibilities), Grantor shall notify the City Manager and the Director of Public Works of specific details of the scope of work, and work shall only begin upon the written approval of the scope of work by the City Manager and/or the Director of Public Works and/or their assigned designees. 3.4 The GRANTEE may use the EASEMENT AREA solely for the following purposes: (a) for inspection, construction, installation, operation, maintenance, repair, replacement, upgrade, relocation, expansion, removal and/or abandonment activities of the Water Main, in Grantee's sole discretion,within the Easement Area("Grantee's Work") together with the non-exclusive right of ingress, egress and regress on, over and through Grantor's Property for access to the Easement Area related to Grantee's Work. Grantee shall only be permitted to enter and exit the Easement Area from the north side of the Easement Area through a gate installed and maintained by Grantor that is a minimum of 16feet wide or, to the extent Grantee deems necessary, by removing portions of the retaining wall which border the Easement Area along Alton Road, and shall use reasonable efforts to avoid entering, staging, or storing any materials and/or utilizing any portion of the Grantor's Property located outside of the area immediately surrounding the Easement 3 Area. If a wider access point is required for work in the Easement Area, or during an emergency, Grantee shall be authorized (but not as its duty) to remove portions of the gate, or portions of the retaining wall that borders the Easement Area along Alton Road, which, in Grantee's discretion, is needed to create the wider access point to the Easement Area without notice to Grantor and at Grantor's sole cost. Grantee shall use reasonable efforts to access the Easement Area through the gate installed and maintained by Grantor; and (b) Grantee's Work related to the Water Main shall be performed within the Easement Area, subject to use of Grantor's Property within ten (10) feet immediately adjacent to the Easement Area by workers or temporary construction equipment, as reasonably necessary to perform Grantees work. Following completion of Grantee's Work, Grantee shall remove any and all garbage,waste materials, or rubbish caused by Grantee's Work activities and restore the surface of the area used immediately adjacent to the Easement Area to the same sod material and elevation in existence at the time of the commencement of Grantee's Work. Any use of Grantor's Property outside of the Easement Area within ten feet immediately adjacent to the Easement Area authorized by this subsection shall be conducted in a manner that does not unreasonably disturb the use and enjoyment of Grantor's Property. 3.5 The Grantee shall take reasonable precautions within the Easement Area for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to, persons or property including, without limitation, employees, visitors to and residents of the surrounding site and those portions of the site and buildings adjacent to the Easement Area. 3.6 The Grantee shall not encroach upon any other of Grantor's property beyond the boundaries of the Easement Area, other than as described in subsection 3.4(b). 3.7 Following completion of Grantee's Work, Grantee shall remove any and all garbage, waste materials, or rubbish caused by Grantee's Work activities and restore the surface of the Easement Area to the sod material and elevation in existence at the time of the commencement of Grantee's Work. Except with respect to sod material and related elevation materials, Grantee shall not be responsible for restoring any Authorized Easement Encroachments. Grantor shall be responsible for replacing such Authorized Easement Encroachments pursuant to the approved Plans. 4. Relocation, Replacement and Upgrades.All :construction, installation, operation, maintenance, repair, replacement, upgrade, relocation, expansion, removal and/or abandonment of the Grantee's Water Main infrastructure must occur within the Easement Area,except as provided in Section 3.4(b). Upgrades or expansions of the Water Main system, or replacement or relocation of the Water Main, which cause the size of the Water Main to exceed the limits of the Easement Area as more particularly described in EXHIBIT"C,"are not permitted by this Agreement without Grantor's written consent. 5. Inspection. It is hereby agreed that Grantee, including any City official has the right, during normal business hours, to enter and investigate the use of the Grantor's Property to verify compliance withthe conditions of this Agreement and the requirements of the City's Building, Public Works, Zoning and Land Development Regulations. 6. Term.This Agreement shall remain in full force and effect and shall be binding upon the Grantor, its successors in interest and assigns, for a period of thirty (30) years, and for 4 successive ten (10) year periods thereafter, from the date of this Agreement is recorded in the Public Records of Miami-Dade County, Florida ("Term"). This time period will be automatically renewed unless released upon a petition for removal, modification or amendment of condition is approved by an act of the City Commission. The Easement and rights granted herein shall be perpetual, irrevocable, and exclusive and shall be possessed and enjoyed by the Grantee, its successors and assigns,for thepurposes stated herein. Notwithstanding the foregoing, in the event Grantee determines that it will no longer use the Easement Area or the Water Main ("Abandonment"), Grantee shall terminate the Easement, as evidenced from a written notification from Grantee to Grantor, and Grantee shall be permitted to conduct any work within the Easement Area which Grantee determines is needed in connection with the Abandonment activities, and shall further record a Notice of Termination of the Easement in the Public Records of Miami-Dade County, Florida. Upon termination, Grantee and Grantor will no longer have any rights in conjunction with the easements granted herein,other than terms that survive the termination of this Easement. 6. Hours of Operation. Grantee may utilize the Easement Area during the Term without Grantor's prior written approval, during the following permitted days and hours of operation: 6.1 For ingress egress--at any time or times, provided Grantee complies with the City's Noise Ordinance(as same may be amended from time to time); and 6.2 For Grantee's Work related to the Water Main to be performed within the Easement Area - in accordance with the permitted hours of construction for the zoning district within which the Easement Area is located (which area is zoned "RM-2"), as such hours are set forth in Section 46-156 of the City of Miami Beach Code ("City Code"), as same may be amended from time to time. Notwithstanding the above, Grantee shall use reasonable efforts to avoid conducting any activities in the Easement Area on Shabbat and Jewish Holidays. 6.3 In the event that emergency repairs are needed, Grantee shall have access to the Easement Area at any time or times. 7. Maintenance. At all times during the Term, the Water Main shall remain property of the Grantee and Grantee, at its sole cost and expense, shall maintain the Water Main and shall make all repairs as deemed necessary by Grantee, in its sole discretion; provided, however, that Grantor shall be responsible for reimbursing Grantee for any damage caused by Grantor, its officers, employees, contractors, agents and invitees. The maintenance, repair and replacement of any other portions of the Easement Area including,without limitation,the repair and replacement of any sod, including the irrigation and water service lines, and any Authorized Easement Encroachments, shall remain Grantor's responsibility, and Grantor, at its sole cost and expense, shall properly and adequately maintain it in a safe, clean and neat condition, and shall make all repairs necessary to keep the Easement Area in such condition (GRANTOR's Ongoing Maintenance Responsibility"). 8. Notices. All notices, requests, consents and other communications requiredor permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand-delivered by messenger or courier service; or mailed (airmail, if international) by registered or certified mail (postage prepaid), return receipt requested; or sent by any form of overnight mail service, addressed to: 5 AS TO GRANTOR: 3900 Alton Road Owner LLC Attn: Ron Hoyl, Vice President 3953 Maple Avenue, Ste. 300 Dallas, TX 75219 E-Mail: ron@rockpoint.com WITH COPIES TO: 3900 Alton Road Owner LLC Attn: Daniel Domb and Joseph Goldman 500 Boylston Street, 21st Floor Boston, MA 02116 Email: Dan@rockpoint.com and JG cr rockpoint.com Mast Capital, Inc. Attn: Eran Landry, Managing Director 2601 South Bayshore Drive, Ste. 850 Miami, FL 33133 Greenberg Traurig, P.A. Attn: Kimberly S. LeCompte, Esq. 333 SE 2nd Avenue Miami, Florida 33131 Email: lecomptek@gtlaw.com AS TO GRANTEE: City of Miami Beach Attn: Public Works Department 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 E-Mail: giancarlopena@miamibeachfl.gov WITH COPIES TO: City of Miami Beach Attn: City Manager 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 And City of Miami Beach Attn: City Attorney 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Or to such other address as any party may designate by notice complying with the terms of this Section. ;Each such notice shall be deemed delivered: (i) on the date delivered if by personal delivery or any form of overnight mail service; and (ii) on the date upon which the return receipt is signed or delivery is refused or the noticeis designated by the postal authorities as not deliverable, as the case may be, if mailed: Notwithstanding the foregoing, written notice associated with coordinating the Grantee's Work or other notifications not associated with a default notice may be provided to the other party via e-mail, at the e-mail address provided herein, as may be amended in writing from time to time. 6 9. Indemnification (Intentionally Omitted) 10. Miscellaneous Terms and Conditions 10.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of Grantee's sovereign immunity protection, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 10.2 Construction. For purposes of construction by a Court, the parties hereto acknowledge that both parties hereto participated in the drafting of this document. 10.3 City's Governmental Capacity/No Waiver of City Police Powers. Grantor confirms that it has full power and authority to grant this Easement. Nothing in this Agreement or in the parties'acts or omissions in connection herewith shall be deemed in any manner to waive, impair, limit, or otherwise affect the authority of the Grantee in the discharge of its police or governmental powers. 10.4 Remedies. An action to enforce the terms and conditions of this Agreement may be brought by the Grantee and may be, at law or in equity, against any party or person violating or attempting to violate any provision of this Agreement or provisions of the Building, City Code, Zoning or Land Development Regulations, either to restrain violations or to recover damages. Any amounts due under this Agreement shall be due and owing within forty-five (45) days of receipt of the invoice. The prevailing party in any action or suit arising out of or pertaining to this Agreement shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may determine to be reasonable for the services of its attorney. This enforcement provision is in addition to any other remedy at law, in equity, or both. 10.5 WAIVER OF JURY TRIAL. GRANTOR AND GRANTEE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT GRANTOR OR GRANTEE MAY HEREINAFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT. 10.6 Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, Grantor and Grantee and their respective successors and assigns. 10.7 Entire Agreement; Modifications. This Agreement sets forth the entire agreement between the parties specifically relating to the subject matter of the Easement granted hereby and there are no other agreements or understandings between them relating to Grantee's use of the Easement Area. This Agreement may not be modified, released or terminated, except by agreement in writing executed by the parties hereto or their respective successors and/or assigns, and in the case of Grantee, approved by the Mayor and City Commission of the City of Miami Beach. 10.8 Governing Law.This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard toprinciples of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami- Dade County, Florida, if in state court, and the U.S. District Court for the Southern District of Florida, if in federal court. 7 10.9 Grantor Representations. Grantor covenants, warrants and represents (i) that Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant the perpetual Easement granted herein, and (ii)there are no lienholders on the Grantor's Property. 10.10 Easements and Covenants Run with the. Land. Each and all of the easements, covenants, obligations and rights granted or created under the terms of this Agreement are appurtenant to Grantor's Property. 10.11 Recording. This Agreement shall be recorded in the Public Records of Miami-Dade County, Florida by Grantee at the cost of Grantor. TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and Grantor will defend the title to Grantor's Property against the lawful claims of all persons whomsoever. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] • IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in its name on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Pet, / � / / 1 3900 ALTON ROAD OWNER LLC, �(, (�l�l�ij/ a Delaware limited li ility company Signature _ Patti Bradshaw Print Name By: Address: 55 Offit k1i, SUI F. SOD Name: Ron Hoyl I X 16 d-I Cl Title: Vice President Signature Print Name Address: N5 i1/2\ 1Q, Uc,j0 3/4;1-te 1w ?Uo'U STATE OF FLEifW. D0.tlaS ) SS: COUNTY OF - ) The forgoing instrument was acknowledged before me y means of I physical presence or online notarization this /a+A day of Q 2024, by Ron Hoyl, as Viet frtStd.2n'f of 3900 Alton Road Owner LLC, a Delaware limited liability company, on behalf of said corporation,who is personally known to me or produced as identification. Xl . ''D*4-A--eu Print Name: Melinda S.Toland Notary Public, State of. lerida-7-Ql[ My Commission Expires: 8/l�!� [NOTARIAL SEAL] / litrort, Melinda S Toland Notary Public,State of Texas OF5 My Comm.Exp.08/13/2026 Notary ID 255195-5 9 IN WITNESS WHEREOF, the Grantee herein has caused these presents to be executed in its name on the day and year first above written. ATTEST: CITY OF MIAMI BEACH, FLORIDA, B,,, a Florida municipal corporation c ,''. Manger •,..H 2• ', g nature Rickelle Williams, Interim City C„ „6 Sok? — ,+motif ) Print Name Address: 1700 Convention Center Dr. ATTEST: MAY Mi i Beach, FL 331 9 By: 4 i Rafa= E. Granado, City Clerk ig ure 1700 Convention Center Drive • _ � 1 Miami Beach, Florida 33139 rint Name Address: 1700 Convention Center Drive, Miami Beach, Florida 33139 I "i�!�-11tt� STEPHANIE NICOLE REY BROOKS SS: , :F j"F; Notary Public-State of Florida STATE OF FLORIDA ) I *hi):`r ComCommmiss.Exion sJan 8,347040 �•' My pires J 2027 I Bonded through National Notary Assn. COUNTY OF MIAMI-DADE ) The forgoing instrument was acknowledged before me by means of physical presence or online notarization this i"1 day of IYIaV] , 2024, by Rickelle Williams, as Interim City Manager of the CITY OF MIAMI BEACH, FLORIDA, a mun 'pal corporation of the State of Florida, on behalf of said municipal corporation, who is ersonally known To me or produced as identification • L 6 Print Name:SfP pholnie 1Le,9 'gooks' Notary Public, State of Florida My Commission Expires: [NOTARIAL SEAL] APPROVED AS TO FORM &LANGUAGE )311FOR,EXUTION Aik cqopi 1 City-Attorney ..Y Date 10 Mortgagee Joinder and Consent to Utility Easement Agreement PNC Bank, National Association ("Mortgagee"), as owner and holder of that certain Mortgage, Assignment of Leases and Rents,Security Agreement and Fixture Filing from 3900 Alton Road Owner LLC, a Delaware limited liability company("Mortgagor")to PNC Bank, National Association,dated as of November 16, 2022 and recorded November 17, 2022, in Official Records Book 33471, Page 1066 ("Mortgage"), together with Assignment of Leases and Rents from 3900 Alton Road Owner LLC, a Delaware limited liability company, to PNC Bank, National Association, dated as of November 16, 2022 and recorded November 17,2022,in Official Records Book 33471,Page 1092;and UCC-1 Financing Statement from 3900 Alton Road Owner LLC,a Delaware limited liability company,as Debtor,to PNC Bank, National Association, as Secured Party,recorded November 17,2022,in Official Records Book 33471,Page 1100,all of the Public Records of Miami-Dade County, Florida, hereby joins in and consents to the granting of this Water Main Utility Easement Agreement (the"Agreement") in favor of the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, all in accordance with the terms and conditions set forth in this Agreement. Mortgagee agrees that in the event Mortgagee or any other party shall obtain title to the Grantor's Property through foreclosure or deed-in-lieu of foreclosure, the Agreement shall be binding upon the entity obtaining title as the then owner of Grantor's Property. Witnesses PNC Bank, National Association By: By: "/1auu2i Pri ame: C Print Name: •(yq IM �X'I�l •t Z Address: 22sS au)c5*!?ua,4 ; L{�p4 Title: QeLafi�n.L o av l"� Rntc, Rv1o, , FL 331 I Address: : 0a,55 MadeS U�fC a ecti r1 I a, 33't'31 Print ame: • Address:'��.5 tr -e RQ. Atefo P1/4Aoeoa (kpaioN, State of County of The foregoing instrument was acknowledged before me by means o� ( physical presence or ( ) online notarization o� rt_�is l l kb" day of 2024 _ by No. a., i5 37, L. , as '(A on behalf of said company. He or —s_personally known to me or_produced a_driver's license as identification. Notary 1:;_ubjjg S/ttat f 1�(~S` ` t� ��-r�‹ PHILIP MARTIN HANAKA l� Notary Public-State of Florida • Print Name %..4,..:..VI Commission#HH 406624 • `" My Comm.Expires Oct 4,2027 My Commission Expires: OC (if ) CIO 11 Exhibit "A" Grantor's Property Parcel 1: OVERALL PARCEL- SOUTH SITE: All of Lot 53 and a portion of Lots 52, 54 and 55, Block 1 of NAUTILUS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8 at Page 95, and a portion of Lot D of RE-SUBDIVISION OF LOTS 48, 49, 50 AND 51 OF BLOCK 1, NAUTILUS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 35 at Page 46 of the Public Records of Miami - Dade County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range 42 East, City of Miami Beach, Miami- Dade County, Florida, and being more particularly described as follows: Begin at the Southeast corner of said Lot 54 of Block 1 of NAUTILUS SUBDIVISION; thence North 09° 11' 22" East along the Easterly line of said Lots 52, 53 and 54, also being the Westerly Right-of- Way line of Alton Road (State Road 907) as shown on the Florida Department of Transportation Right-of-Way Map Section 87090-2402 dated 12-2009, Sheet 16 of 18, for 228.03 feet;thence North 80° 48' 38"West for 269.11 feet; thence North 09° 11'22" East for 144.42 feet; thence South 55°48' 22" West along the Southeasterly Right-of-Way line of the Julia Tuttle Causeway per State Road 112/1-195 of said Florida Department of Transportation Right-of-Way Map Section No. 87090-2402, Sheet 16 of 18,for 90.82 feet; thence South 05° 59' 58" East for 62.09 feet; thence South 23° 11'59" West for 161.81 feet;the following two (2) courses being along the Northerly boundary of Alton Road (State Road No. 25), as shown on said Florida Department of Transportation Right-of-Way Map; (1) South 54° 07' 39" East for 162.79 feet to a point on a circular curve; (2) thence Southeasterly along a'600.92 foot radius curve leading to the right, through a central angle of 09° 57' 10" for an arc distance of 104.39 feet; thence South 76° 03' 16" East for 72.65 feet; thence North 41° 11' 22" East along the existing Limited Access Right-of-Way line of the Westerly Right-of-Way line of said Alton Road (State Road 907) as shown on said Right-of-Way Map Section 87090-2402 for 48.00 feet; thence South 80° 48' 38" East along the Southerly line of said Lot 54 for 26.00 feet to the Point of Beginning. 12 Parcel 2: A portion of Section 27 in Township 53 South, Range 42 East, and being more particularity described as follows: Commence at the Southeast corner of Lot 54 of Block 1, NAUTILUS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 8, Page 95, of the Public Records of Miami-Dade County, Florida; thence North 80° 48' 38"West along the Southerly boundary line of said Lot 54 for 175.93 feet to a point on the Northerly Right-of-way line of Alton Road, also known as State Road No. 907, as shown on the Florida Department of Transportation Right of Way Map Section 87090-2402,Sheet 16 of 18 said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39° 51' 18"West; thence Northwesterly along said Northerly Limited Access Right-of-way line being a 600.92 foot.radius curve, leading to the left, through a central angle of 03° 58' 57"for an arc distance of 41.77 feet to a point of tangency(said point being coincident with State Road 907,Station 15+16.00, as shown on said Florida Department of Transportation Right-of-way Map Section 87090- 2402, sheet 16 of 18); thence North 54° 07' 39"West along said Northerly Limited Access Right-of- Way line for 162.79 feet to the Point of Beginning of the hereinafter described parcel of land; thence North 23° 11' 59" East, departing said Northerly Right-of-Way line for 161.81 feet, thence North 05° 59' 58"West for 62.09 feet to a point on the Southerly Limited Access Right-of-Way line of the Julia Tuttle Causeway, also known as State Road 112 and 1-195, as shown on said Florida Department of Transportation Right of Way Map(said point being coincident with Sate Road 112,Station 190+12.29, as shown on said Florida Department of Transportation Right-of-way Map); thence South 55° 48'22" West along said Southerly Limited Access Right-of-Way line for 211.08 feet to a point on a circular curve, concave to the Northeast and whose radius point bears North 42° 50' 30" East; thence Southeasterly along a 786.51 foot radius curve leading to the left through a central angle of 6° 58' 09" for an arc distance of 93.48 feet to a point of tangency (said point being coincident with Sate Road No. 907, Station 17+34.46, as shown on said Florida Department of Transportation Right-of- way Map Section 87090-2402, sheet 16 of 18); thence South 54° 07' 39" East for 55.66 feet to the Point of Beginning. This site lies in Section 27, Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida. • 13 Exhibit"B" Water Main Plans (Intentionally Omitted) 14 Exhibit"C" Easement Area 15 EXHIBIT 'A" ALTON WATER MAIN EASEMENT LOCATION MAP c F -'o 90 %„,,:. <`90, 0P EASET4;: 111L0-7&<<,`' P,\p� "9� A coo T A PORTION OF SECTION 22 & 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, MIAMI—DADE COUNTY, FLORIDA NOT TO SCALE NOTES: 1. PREPARED FOR: 3900 ALTON ROAD OWNER LLC 2. PROPERTY ADDRESS: 3900 ALTON ROAD, MIAMI BEACH, FLORIDA 33140 3. THIS IS NOT A BOUNDARY SURVEY. 4. THIS EASEMENT STRIP FORMS A CLOSED GEOMETRIC FIGURE 5. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 6. I HEREBY CERTIFY THAT THIS "SKETCH AND LEGAL DESCRIPTION" OF THE PROPERTY DESCRIBED HEREON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS RECENTLY SURVEYED AND DRAWN UNDER MY SUPERVISION AND DIRECTION. THIS SKETCH AND LEGAL DESCRIPTION COMPLIES WITH STANDARDS OF PRACT/CE••R �1IRE11 ITS ADOPTED BY THE FLORIDA STATE BOARD OF SURVEYORS AND MAPPERS 'URA T-TO Vt4PTER 5J-17, FLORIDA ADMINISTRATIVE CODE. ". : Mo. US?_ J.Hernandez&Associates Inc :AIR VEYd" CETTIFICATE LAND SURVEYORS AND MAPPERS PREPARED UN -M„A- l ply' IRECTION: CERTIFICATE OF AUTHORIZATION No. L138092 ,,',al, - ,--', ' 3300 NW 112th AVE. SUITE 10, DORAL, FL 33172 �'! -,`' (P) 305-526-0606 (E) info@jhosurveys.com By 4 s • „vs'; DRAWN BY: R.J.G. CHECKED BY: J.G.H. JOB NUM.: 152512 J G. HERNAN ESID T ATE: 08/28/23 SHEET 1 OF 3 SHEETS F.B. N/A, PG. N/A OFESSIONAL LAN SURVEYOR No. 6952 STATE OF FLORIDA. EXHIBIT 'A" AL TON WATER MAIN EASEMENT SKETCH TO ACCOMPANY LEGAL DESCRIPTION /\ / N 67, Z � D A=19..78' 9=1°2828" 7 l�\ 'A' $ is R=768.51 \P;,10 40 19 � s / \ y5•�G, O o' N65°36'03 E , \ �p' 50.04' ti Ooo,Q�o °�� \s000, le? p -� �' r `l �v'�OQ� Allr ./„ sue\ iZF `�-.77 O Q ctr D=5 2941" 1� ' ss -1 sF 'N �Q'��0• A=73.70' 1. w7 c' h R=768.51'/ NOT 2`rs° � \ `U. SUBDIVIDED 8 sj \ ;f:, 0 cy CI A /----------_____l' 6. 0p Nso° F'1g3 6'��/ 5�P C/gl �F�, 1 N?3'1� ¢O43"E • 9' ��b I // g G� G� ' r1G CY 0 NOT SUBDIVIDED �/ \ `�' (;.3.- J /&�p� \ A PORTION OF SEC. 22 &17 N05°59'58"W - \_ A ��� Q tv TWP. 53 S, RNG. 42 E. 36.62'_ \-$41). 0 `�•T•STq, / �� °O� ` \ 4 `SFci-BR�i%"76, `? �� —_� LfNE of 9t 1 ti� ° �.` P.O.B. �O<' •\/03585 WATER t-Vo7.7,, I ' EASEMENT �0 \ " LOT D OF BLOCK 1 r 9 7 7" I N05°59'58 W N4UTILUS SUBDMSION �� R=600.92' ' 25.47' RE-SUBDIVISION OF LOTS �-"- / 48, 49, 50 & 51 L \ (P.B. 35, PG. 46) � \ /�Op\ R WAT MAIN EASEMENT ti� o' I (0.R.B. 30114,PG. 2755) o v (0.R.B. 32072,PG. 984) -- - / .. / 2 LOT 54 i LOT 53 l LOT 52 LOT E LOT 55 5- En BLOCK 1 I RE-SUBD1VISION OF LOTS 48, 49, 50 & 51 ,c NAUTILUS SUBDIVISION i OF BLOCK 1, NAUTILUS SUBDIVISION \ O Z (P.B. 8, PG. 95) (P.B. 35, PG. 46) / / - - - - - - - - `ter, GRAPHIC SCALE . y3 I-)4' P.O.C. ALTON ROAD '�tiri s.i''' ` ' 0 40 80 S.E.OFOO 54 ER STATE ROAD No. -.? 1Y +`{ , .-- i Ar., ii7 •ram �.., 1. BLOCK 1 = - co-' _ 1 /NCff — 80 FEET— BLOCK & Associates Inc f4 O 1eRTIFICATE -\ LAND SURVEYORS AND MAPPERS �� �(iATEOFFLORIDA. r ' '= r, PREPARED t ECTIONCERTIFICATE OF AUTHORIZATION No. LB8092 fry3300 NW 112th AVE. SUITE 10, DORAL, FL 33172(P) 305-526-0606 (E) infojhasueys.com BY._ _DRAWN BY.' R.J.G. CHECKED BY.: J.G.H. JOB NUM.: 152512JO ,6 HERNANDATE: 08/28/23 SHEET 2 OF 3 SHEETS F.B. N/A, PG. N/A % rESSIONAL LAND S EXHIBIT 'A" AL TON WATER MAIN EASEMENT LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 22 AND 27 IN TOWNSHIP 53 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 54 OF BLOCK 1, NAUTILUS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLOT BOOK 8 AT PAGE 95 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 80°48'38" WEST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 54, FOR 175.93 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF ALTON ROAD, ALSO KNOWN AS STATE ROAD NO. 907, AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 87090-2402, SHEET 16 OF 18, SAID POINT LYING ON A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST AND WHOSE RADIUS POINT BEARS SOUTH 39°51'18" WEST; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE BEING A 600.92 FOOT RADIUS CURVE, LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 03°58'57" FOR AN ARC DISTANCE OF 41.77 FEET TO A POINT OF TANGENCY (SAID POINT BEING COINCIDENT WITH STATE ROAD NO. 907, STATION 15+16.00, AS SHOWN ON SAID FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP SECTION 87090-2402, SHEET 16 OF 18); THENCE NORTH 54°07'39" WEST ALONG SAID NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 162.79 FEET; THENCE NORTH 23°11'59" EAST, DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE FOR 161.81 FEET; THENCE NORTH 05°59'58" WEST FOR 36.62 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED WATER EASEMENT; THENCE CONTINUE NORTH 05°59'58" WEST FOR 25.47 FEET TO A POINT ON THE SOUTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF THE JULIA TUTTLE CAUSEWAY, ALSO KNOWN AS STATE ROAD 112 AND 1-195, AS SHOWN ON SAID FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP (SAID POINT BEING COINCIDENT WITH STATE ROAD NO. 1 12, STATION 190+12.29, AS SHOWN ON SAID FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP); THENCE SOUTH 55°48 22" WEST ALONG SAID SOUTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR 211.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE NORTHEAST AND WHOSE RADIUS POINT BEARS NORTH 42°50'30" EAST; THENCE SOUTHEASTERLY ALONG A 768.51 FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A CENTRAL ANGLE OF 01°28 28" FOR AN ARC DISTANCE OF 19.78 FEET TO A POINT (SAID POINT BEING COINCIDENT WITH STATE ROAD NO. 907 RIGHT-OF-WAY MAP SECTION 87090-2402, SHEET 16 OF 18); THENCE NORTH 65°36'03" EAST FOR 50.04 FEET; THENCE NORTH 55'51'18" EAST FOR 85.66 FEET; THENCE NORTH 28°20'47" EAST FOR 19.39 FEET; THENCE NORTH 60°40'13" EAST FOR 42.33 FEET TO THE POINT OF BEGINNING. LANDS SHOWN HEREON CONTAINING 4,989 SQUARE FEET MORE OR LESS. LYING AND BEING IN SECTION 22 AND 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA. LEGEND DENOTES EASEMENT P.T. DENOTES POINT OF TANGENCY — — DENOTES CENTER LINE SECT. DENOTES RIGHT-OF-WAY MAP SECTION —RIM'— DENOTES RIGHT-OF-WAY LINE SEC. DENOTES SECTION P.B. DENOTES PLAT BOOK TWP. DENOTES TOWNSHIP PG. DENOTES PAGE RNG. DENOTES RANGE P.O.C DENOTES POINT OF COMMENCEMENT P.O.B. DENOTES POINT OF BEGINNING D DENOTES CURVE DELTA O.R.B. DENOTES OFFICIAL RECORDS BOOK A :' 'tl�OTE,S CURVE LENGTH ARC S.R. DENOTES STATE ROAD !4'. <� ,°p1SbT ADIUS STA. DENOTES STATION =, ��I•" �G N s ..(�� J J.Hernandez&Associates Inc _ / 'eft c'EF TIFICA TE LAND SURVEYORS AND MAPPERS PREPARES&ND Ao'T r,OSIONF D RECTION: 1 At CERTIFICATE OF AUTHORIZATION No. LB8092 • , 3300 NW 112th AVE. SUITE 10, DORAL, FL 33172 ✓` .,' 1C)'?.: (P) 305-526-0606 (E) infoOjhasurveys.com BY._ DRAWN BY: R.J.G. CHECKED BY: J.G.H. JOB NUM.: 152512 S G. HER AND'; S/?EA 1 DATE:: 08/28/23 SHEET 3 OF 3 SHEETS F.B. N/A, PG. N/ OFESSIONAL LAND' u O`OR,No. 6952 STATE OF FLORIDA. J RESOLUTION NO 2024-32914 • 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 PERPETUAL, IRREVOCABLE AND EXCLUSIVE WATER MAIN UTILITY EASEMENT AGREEMENT WITH 3900 ALTON ROAD OWNER, LLC ("GRANTOR"), IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT"1";SAID AGREEMENT GRANTING THE CITY THE RIGHT TO USE AN EASEMENT AREA CONTAINING APPROXIMATELY 4,989 SQUARE FEET, ALONG THE NORTHERN PORTION OF GRANTOR'S PROPERTY, LOCATED AT 3900-4000 ALTON ROAD, WHICH PROPERTY 1S UNIQUELY LOCATED DIRECTLY TO THE NORTHWEST OF THE INTERSECTION OF ALTON ROAD AND 41ST STREET/JULIA TUTTLE CAUSEWAY, CONSISTING OF THE PARCEL IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NO.02-3222-011-0432, LYING IN SECTION 27,TOWNSHIP 53 SOUTH, RANGE 42 EAST, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR ACCESS, CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, UPGRADE, RELOCATION, EXPANSION AND REMOVAL AND/OR ABANDONMENT ACTIVITIES RELATED TO A CITY-OWNED WATER MAIN INFRASTRUCTURE. WHEREAS,3900 Alton Road Owner LLC(the"Owner"),is the owner the property located at 3900-4000 Alton Road(the"Property"),which Property is uniquely located directly to the southeast of the intersection of Alton Road (SR 907)and 41st Street/Julia Tuttle Causeway; and • WHEREAS, the Property, bearing Miami-Dade County Folio No. 02-3222-011-0432 is composed of the following two parcels: (1) all of Lot 53 and a portion of Lots 52, 54, and 55, of Block 1, of "Nautilus Subdivision",according to the Plat thereof as recorded in Plat Book 8,Page 95;and a portion of Lot D, of"Re-Subdivision of Lot 48,49, 50 &51, Block 1, "Nautilus Subdivision",according to the Plat thereof,as recorded in Plat Book 35,Page 46 of the Public Records of Miami-Dade County,Florida; and including an unsubdivided section of the Property lying in a portion of Sections 22 and 27 in Township 53 South, Range 42 East, lying and being in the City of Miami Beach, Miami-Dade County, Florida, and more particularly described in the final Plat(Collectively, "Parcel 1."); and • (2) and an unsubdivided portion of Section 27 in Township 53 South, Range 42 East, lying and being in the City of Miami Beach, Miami-Dade County, Florida, and more particularly described in the final Plat("Parcel 2"); and WHEREAS,on May 14,2021,Owner purchased Parcel 1 from M-4000 Alton Owner, LLC., and on August 19, 2021, Owner purchased Parcel 2 on from the Florida Department of Transportation (FDOT); and • WHEREAS,on December 2021,the City's Design Review Board approved plans for a nine- story, 176-unit apartment complex on the Property(File No. DRB21-0664)(the"Project"); and WHEREAS,on February 2023,Owner commenced construction of the Project,which is set to be completed in the Fall of 2024; and • • • WHEREAS, the Owner desires to plat the Property under the name of"Alton 3900" (the "Plat")and include Parcels 1'and 2 in the Plat,which,approval is subject of a separate,companion City Commission agenda item; and' • WHEREAS, the City owns a 36-inch (36") transmission water main_(the "Water Main"), • located along the south side of the 41st Street/Julia Tuttle Causeway,and a portion of the Water Main falls within the northern portion of Parcel 2 and Owner has agreed to grant a perpetual', irrevocable, exclusive Utility Easement Agreement.for'Water Main ("Water Main Easement"), having an easement area containing approximately 4,989 square feet("Easement Area"),along the northwesterly portion of Grantor's Property;for the City to construct, install, operate, maintain, repair, replace, upgrade, relocate, expand, remove and/or abandon all or a portion of the Water Main,together with the non-exclusive right of ingress,egress and regress on,over and through the Grantor's property for access to the Easement Area;.and • WHEREAS,the City needs the Water Main Easement in order to access and make necessary repairs and/or replacements to the Water Main; and WHEREAS,the City Manager recommends that the Mayor and City Commission authorize . the City.Manager to accept and execute the perpetual, .irrevocable, exclusive Utility Easement Agreement for Water Main,a copy of which is attached to this Resolution as Exhibit"1",so that the City has access and use of the Easement Area where the Water Main infrastrubture is located. 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 authorize the City Manager and City Clerk to execute a perpetual, irrevocable and exclusive Utility Easement Agreement for Water Main with 39.00 Alton Road Owner LLC("Grantor"), in the form • attached to this Resolution as Exhibit "1"; said agreement granting the City the right to use an Easement Area containing approximately 4,989 square feet,along the northern portion of Grantor's property, located at 3900-4000 Alton Road, which property is uniquely located directly to the northwest of the intersection of Alton Road and 41st street/Julia Tuttle Causeway,consisting of the parcel identified by Miami-Dade County Folio No.02-3222-011-0432,lying in Section 27,Township 53 South, Range 42 East, of the Public Records of Miami-Dade County, Florida,-for access, construction, installation, operation, maintenance, repair, replacement, upgrade, relocation, expansion and removal and/or abandonment activities related to a City-owned water main infrastructure. • PASSED and ADOPTED THIS Alday of QM,/ , 2024. • • ATTEST: • • FEB 2 3 2024 Rafael E. Granado, City Clerk Steven Meiner, Mayor S APPROVED AS TO ICORP OWED! g FORM&LANGUAGE • 405 \ . ., &FOR EXECUTION . • oL 1 D' ` • City,Attorney Dote Resolutions C7 .E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manager DATE: February 21,2024 • • 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 PERPETUAL, IRREVOCABLE AND EXCLUSIVE WATER MAIN UTILITY EASEMENT AGREEMENT WITH 3900 ALTON ROAD OWNER, LLC ("GRANTOR"), IN THE'FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT"1"; SAID AGREEMENT GRANTING THE CITY THE RIGHT• TO USE AN EASEMENT AREA CONTAINING APPROXIMATELY 4,989 SQUARE FEET, ALONG THE NORTHERN PORTION OF GRANTOR'S PROPERTY, LOCATED AT 3900-4000 ALTON ROAD, WHICH PROPERTY IS UNIQUELY LOCATED DIRECTLY TO THE NORTHWEST OF THE INTERSECTION OF ALTON ROAD AND 41ST STREET/JULIA TUTTLE CAUSEWAY, CONSISTING OF THE PARCEL IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NO. 02-3222-011-0432, LYING IN SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR ACCESS, CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT; UPGRADE, RELOCATION, EXPANSION AND REMOVAL AND/OR ABANDONMENT ACTIVITIES RELATED TO A CITY- OWNED WATER MAIN INFRASTRUCTURE. RECOMMENDATION. The Administration recommends that the Mayor and City Commission authorize the City Manager to accept and execute the perpetual, irrevocable, exclusive Utility Easement Agreement for Water Main, a copy of which is attached to City Commission Resolution.as Exhibit"1", so that the City has access.and use of the Easement Area where the Water Main infrastructure is located. BACKGROUND/HISTORY 3900 Alton Road Owner LLC (the "Owner"), is the owner the property located at 3900-4000 Alton Road (the"Property"), which Property is uniquely located directly to the southeast of the intersection of Alton Road (SR 907) and 41st Street/Julia Tuttle Causeway. The Property, bearing Miami-Dade County Folio No. 02-3222-011-0432 is composed of the following two parcels: Page 309 of 1278 (1) All of Lot 53.and a portion of Lots 52, 54, and 55, of Block 1, of"Nautilus Subdivision", according to the Plat thereof as recorded in Plat Book 8, 'Page 95; and a portion of Lot D, of "'Re-Subdivision.of Lot 48, 49, 50 & 51, Block 1:, "Nautilus Subdivision%according to the Plat thereof, as recorded in Plat Book 35, Page 46 of the Public Records of Miami-Dade County, Florida; and including an unsubdivided section of the Property lying in a portion.of Sections 22 and 27 in Township 53 South, Range 42 East, lying and being in,the City of Miami Beach, Miami-Dade County, Florida, and more particularly described in the final Plat (Collectively, "Parcel 1");and (2) And an unsubdivided portion of Section 27 in Township 53 South, Range 42 East, lying and being in the City of Miami Beach, Miami-Dade County, Florida, and more particularly. described in the final Plat("Parcel.2");and On May 14, 2021, Owner purchased Parcel 1 from M-4000 Alton Owner, LLC.:, and on August 19,2021, Ownerpurchased Parcel 2 from the Florida Department of Transportation.(FDOT). • On December 2021, the CCity's Design Review Board approved plans for a nine-story, 176-unit apartment complex on the.Property(File No. DRB21-0664)(the"Project"). On February 2023, the Owner commenced construction of the Project, Which is set 'to. be completed in the Fall of 2024. The Owner desires to plat the Property under the name of"Alton 3900" (the "Plat")'and include Parcels 1 and 2 in the Plat, which approval. is subject of a separate., companion City Commission agenda item, The, City owns a'36-inch (36") transmission water main (the "Water Main"), located• along the south side of the 41st Street/Julia Tuttle.Causeway and a portion of the Water Main falls within the northern portion of Parcel 2 and Owner has agreed to grant the City a perpetual, irrevocable, exclusive Utility Easement Agreement for Water Main ("Water Main Easement"), having an easement area containing approximately 4,989 square feet ("Easement Area"), along the northwesterly portion of Grantor's Property, for the City to construct, install, operate, maintain, repair, replace, upgrade, relocate,.expand, remove and/or abandon all or a portion of the Water Main, together with the non-exclusive right of ingress, egress and regress on, over and through the Grantor's 'property for access to the Easement Area. The City needs the Water Main Easement in order to.access and make necessary repairs and/or replacements to the Water Main. A copy of the Easement Agreement for Water Main which has been, approved by the parties,'including the sketch and legal description of the Easement Area is attached to the City Commission.Resolution attached hereto. SUPPORTING SURVEY DATA Results from the 2022 Resident Survey related to the City's perception and satisfaction show an overall approval of 67.4%,and rated the City as a good place to live. FINANCIAL INFORMATION No fiscal impact. CONCLUSION The Administration recommends that the Mayor and. City Commission authorize the City Page 310 of 1278 Manager to accept and execute the perpetual, irrevocable, exclusive Utility Easement Agreement for Water Main, a copy of which is attached to City Commission Resolution as Exhibit"1", so that the City has access and use of the Easement Area where the Water Main infrastructure is located. • • Applicable Area Middle Beach Is this a"Residents Right Does this item utilize G.Q. to Know"item. pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Environment& Infrastructure - Reduce risk from storms, high tides, groundwater, and sea level rise. Legislative Tracking Public Works ATTACHMENTS: Description Exhibit 1 to Reso 3900 Alton Watermain Easement final 2.7.24 3900 Alton-Easement survey, updated n Resolution • • Page 311 of 1278 Exhibit"1" This instrument prepared by: Name: Gisela Nanson Torres, Senior Assistant City Attorney Address: Office of the City Attorney 1700 Convention Center Drive,4th Floor Miami Beach, Florida 33139 (Space reserved for Clerk) UTILITY EASEMENT AGREEMENT FOR WATER MAIN THIS UTILITY EASEMENT AGREEMENT FOR WATER MAIN, INVOLVING THE GRANT OF A PERPETUAL, IRREVOCABLE, EXCLUSIVE UTILITY EASEMENT FOR, CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, UPGRADE, RELOCATION, EXPANSION AND REMOVAL AND/OR ABANDONMENT ACTIVITIES RELATED TO THE WATER MAIN (AS DEFINED HEREIN) TOGETHER WITH THE NON-EXCLUSIVE RIGHT OF INGRESS, EGRESS AND REGRESS ON, OVER AND THROUGH GRANTOR'S PROPERTY (AS DEFINED HEREIN) FOR ACCESS TO THE EASEMENT AREA (AS DEFINED HEREINL(the"Agreement") is made this day of ,2024 ("Effective Date"), between 3900 ALTON ROAD OWNER, LLC, a Delaware limited liability company, as owner and grantor, and its successors and assigns (hereinafter called "Grantor") and the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida (the "City"), as grantee, and its successors and assigns.(hereinafter called"Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of that certain improved real property located within the City's municipal jurisdiction,with a street address of 3900 Alton Road, Miami Beach, Florida, and more particularly described in EXHIBIT"A",attached hereto and made a part hereof(the"Grantor's Property");and WHEREAS, Grantor obtained approval from the City's Design Review Board ("DRB") (under DRB File No. DRB21-0664 for the construction of a multi-family building on the Grantor's Property(the"Development'); and WHEREAS, the City is the owner of a certain 36-inch (36")subterranean water-main at the Julie Tuttle Causeway, as shown in the plans entitled "Repair of 36-Inch Water Main at Julia Tuttle Causeway,"dated April 1999 and consisting of six (6)sheets, a true and correct copy of which are attached hereto as EXHIBIT"B",as such Water Main may be upgraded,expanded, relocated and/or replaced from time to time (collectively, the existing Water Main, together with any future modifications, including any new upgraded, expanded and/or replacement Water Main shall be collectively referred to herein as the"Water Main"); and 1 ' Page 312 of 1278 WHEREAS, a portion of the Water Main is located within the northwest corner of Grantor's Property; and WHEREAS, in connection with the Development, Grantor has agreed to convey to the City a perpetual, irrevocable, exclusive Easement (as defined in Section 2 below) for the City to, construct,install,operate,maintain,repair,replace,upgrade,relocate,expand,and,remove and/or abandon its Water Main infrastructure, together with the non-exclusive right of ingress, egress and regress on, over and through Grantor's Property for access to the Easement Area;and WHEREAS, on , the Mayor and City Commission adopted Resolution No. , authorizing the City Manager to accept this Easement(as defined in Section 2)on the Grantor's Property. NOW THEREFORE, for and in consideration of ten and no/100 dollars($10.00)and other good and valuable consideration,the receipt of which is acknowledged,the parties hereby mutually covenant and agree as follows: GRANT OF EASEMENT 1. Recitals. The above recitals are true and correct and are hereby incorporated into this Agreement. 2. Consideration and Description, the Grantor,for and in consideration of the City's DRB approvals related to Grantor's Development, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, a perpetual, irrevocable, exclusive easement (the "Easement") under, in, on, through and over a portion of Grantor's Property, as such property is more specifically described and delineated in EXHIBIT"C,"attached hereto and made a part hereof(the"Easement Area")to,construct, install, operate,maintain,repair,replace,upgrade,relocate,expand,remove and/or abandon the Grantee's Water Main infrastructure, in Grantee's sole discretion, together with the non-exclusive right of ingress, egress and regress on, over and through Grantor's Property for access to the Easement Area. 3. Uses. 3.1 ' The Grantee shall use the Easement and the Easement Area during the Term provided herein solely for the express purposes provided in Section 2 herein. Specifically, the purpose of the easement and easement area is to provide the City the right to, construct, install, operate, maintain, repair, replace, upgrade, relocate, expand, remove and/or abandon the Water Main, in Grantee's sole discretion, together with the non-exclusive right of ingress, egress and regress on, over and through Grantor's Property for access to the Easement Area, and no other • use of the Easement shall be permitted without the express written consent of Grantor. Grantee shall, at all times, use reasonable efforts to utilize the Easement Area so as not to unreasonably interfere with the Grantor's operation and maintenance of those areas of Grantor's Property which are not included within the Easement Area. 3.2 The Grantor shall have the right to full use and enjoyment of Grantor's Property, except for such use as may unreasonably interfere with the exercise by the Grantee of the rights granted under this Agreement. The Grantor shall have full right to enter upon the Easement Area without notifying Grantee in order to conduct Grantor's Ongoing Maintenance Responsibilities (as 2 Page 313 of 1278 • defined in Section 7); and for other emergency and non-emergency purposes except for such use as may unreasonably interfere with the exercise by the Grantee of the rights granted under this Agreement. Notwithstanding the foregoing Grantor rights, Grantor shall be prohibited from obstructing Grantee's access to, or use of,the Easement Area;and Grantor shall not construct, or permit to be constructed, any type of encroachment, structure or improvement, under, in, on, through or over the Easement Area (collectively, "Easement Encroachments"), except for the installation and maintenance of sod and the following Easement Encroachments, for which the Owner has secured the required City consent under the building plans for the Development (the "Plans"): fence, retaining wall, walkway and irrigation ("Permitted Easement Encroachments"), which may be installed by Grantor at its sole cost. If Grantor installs, or permits the installation of, any other Easement Encroachments, Grantee shall be authorized (but not as its duty)to remove the Easement Encroachments at Grantor's sole cost and expense.Notwithstanding the foregoing authorization,Grantee acknowledges that Grantor's balconies project five feet(5')from the eastern boundary of the Easement Area into the air space above Easement Area at an elevation of 21'-4" NGVD (to bottom of slab). Grantor's balconies shall be excluded from the definition of Easement Encroachments and may not be removed without written authorization from Grantor. Grantee shall use reasonable efforts to avoid impacts to Grantor's balconies while working in the Easement Area; however,if impact cannot reasonably be avoided, Grantee shall not be responsible for any damage caused to the balconies. Nothing contained herein shall be construed as prohibiting the Grantor, at its discretion(but not at its duty), from assisting or acting in an emergency affecting safety of persons on Grantor's Property. However, in providing such assistance or in taking such action(s), the Grantor shall only be responsible for its own costs (if any) associated therewith for those actions taken during emergencies not caused by Grantee's activities or Grantee's use of the Easement Area. Grantee will only be responsible for costs associated with these emergency actions in the event of an emergency situation and the emergency situation was caused by Grantee's activities on Grantor's Property or Grantee's use of the Easement Area, and Prior to Grantor undertaking these emergency measures,the Director of Public Works or his designee were notified via a phone call, followed by an e-mail, and Grantee did not respond to the emergency situation within a reasonable amount of time under the circumstances. 3.3 Fifteen (15)days prior to initiating any work in the Easement Area (excluding work related to Grantor's Ongoing Maintenance Responsibilities), Grantor shall notify the City Manager and the Director of Public Works of specific details of the scope of work, and work shall only begin upon the written approval of the scope of work by the City Manager and/or the Director of Public Works and/or their assigned designees. 3.4 The GRANTEE may use the EASEMENT AREA solely for the following purposes: (a) for inspection, construction, installation, operation, maintenance, repair, replacement, upgrade, relocation, expansion, removal and/or abandonment activities of the Water Main, in Grantee's sole discretion,within the Easement Area ("Grantee's Work")together with the non-exclusive right of ingress,egress and regress on,over and through Grantor's Property for access to the Easement Area related to Grantee's Work. Grantee shall only be permitted to enter and exit the Easement Area from the north side of the Easement Area through a gate installed and maintained by Grantor that is a minimum of 16feet wide or, to the extent Grantee deems necessary, by removing portions of the retaining wall which border the Easement Area along Alton Road, and shall use reasonable efforts to avoid entering, staging, or storing any materials and/or utilizing any portion of the Grantor's Property located outside of the area immediately surrounding the Easement 3 Page 314 of 1278 Area. If a wider access point is required for work in the Easement Area, or during an emergency, Grantee shall be authorized (but not as its duty) to remove portions of the gate, or portions of the retaining wall that borders the Easement Area along Alton Road, which,in Grantee's discretion,is needed to create the wider access point to the Easement Area without notice to Grantor and at Grantor's sole cost. Grantee shall use reasonable efforts to access the Easement Area through the gate installed and maintained by Grantor; and (b) Grantee's Work related to the Water Main shall be performed within the Easement Area, subject to use of Grantor's Property within ten (10) feet immediately adjacent to the Easement Area by workers or temporary construction equipment, as reasonably necessary to perform Grantees work. Following completion of Grantee's Work, Grantee shall remove any and all garbage,waste materials,or rubbish caused by Grantee's Work activities and restore the surface of the area used immediately adjacent to the Easement Area to the same sod material and elevation in existence at the time of the commencement of Grantee's Work. Any use of Grantor's Property outside of the Easement Area within ten feet immediately adjacent to the Easement Area authorized by this subsection shall be conducted in a manner that does not unreasonably disturb the use and enjoyment of Grantor's Property. 3.5 The Grantee shall take reasonable precautions within the Easement Area for the safety of,and shall provide reasonable protection to prevent damage, injury or loss to, persons or property including, without limitation, employees, visitors to and residents of the surrounding site and those portions of the site and buildings adjacent to the Easement Area. 3.6 The Grantee shall not encroach upon any other of Grantor's property beyond the boundaries of the Easement Area, other than as described in subsection 3.4(b). 3.7 Following completion of Grantee's Work,Grantee shall remove any and all garbage, waste materials, or rubbish caused by Grantee's Work activities and restore the surface of the Easement Area to the sod material and elevation in existence at the time of the commencement of Grantee's Work. Except with respect to sod material and related elevation materials, Grantee shall not be responsible for restoring any Authorized Easement Encroachments. Grantor shall be responsible for replacing such Authorized Easement Encroachments pursuant to the approved Plans. 4. Relocation, Replacement and Upgrades.All.construction,installation,operation, maintenance, repair, replacement, upgrade, relocation, expansion, removal and/or abandonment of the Grantee's Water Main infrastructure must occur within the Easement Area,except as provided in Section 3.4(b). Upgrades or expansions of the Water Main system,or replacement or relocation of the Water Main,which cause the size of the Water Main to exceed the limits of the Easement Area as more particularly described in EXHIBIT"C,"are.not permitted by this Agreement without Grantor's written consent. 5. Inspection. It is hereby agreed that Grantee,including any City official has the right, during-normal business hours,to enter and investigate the use of the Grantor's Property to verify compliance withthe conditions of this Agreement and the requirements of the City's Building, Public Works,Zoning and Land Development Regulations. 6. Term.This Agreement shall remain in full force and effect and shall be binding upon the Grantor, its successors in interest and assigns, for a period of thirty (30) years, and for 4 Page 315 of 1278 • successive ten (10) year periods thereafter, from the date of this Agreement is recorded in the Public Records of Miami-Dade County, Florida ("Term"). This time period will be automatically renewed unless released upon a petition for removal, modification or amendment of condition is approved by an act of the City Commission. The Easement and rights granted herein shall be perpetual, irrevocable, and exclusive and shall be possessed and enjoyed by the Grantee, its successors and assigns,for thepurposes stated herein. Notwithstanding the foregoing,in the event Grantee determines that it will no longer use the Easement Area or the Water Main ("Abandonment"), Grantee shall terminate the Easement, as evidenced from a written notification from Grantee to Grantor,and Grantee shall be permitted to conduct any work within the Easement Area which Grantee determines is needed in connection with the Abandonment activities,and shall further record a Notice of Termination of the Easement in the Public Records of Miami-Dade County, Florida. Upon termination, Grantee and Grantor will no longer have any rights in conjunction with the easements granted herein,other than terms that survive the termination of this Easement. 6. Hours of Operation. Grantee may utilize the Easement Area during the Term without Grantor's prior written approval,during the following permitted days and hours of operation: 6.1 For ingress egress—at any time or times, provided Grantee complies with the City's Noise Ordinance(as same may be amended from time to time); and 6.2 For Grantee's Work related to the Water Main to be performed within the Easement Area - in accordance with the permitted hours of construction for the zoning district within which the Easement Area is located (which area is zoned"RM-2"), as such hours are set forth in Section 46-156 of the City of Miami Beach Code ("City Code"), as same may be amended from time to time. Notwithstanding the above, Grantee shall use reasonable efforts to avoid conducting any activities in the Easement Area on Shabbat and Jewish Holidays. 6.3 In the event that emergency repairs are needed, Grantee shall have access to the Easement Area at any time or times. 7. Maintenance. At all times during the Term,the Water Main shall remain property of the Grantee and Grantee, at its sole cost and expense, shall maintain the Water Main and shall make all repairs as deemed necessary by Grantee, in its sole discretion; provided, however, that Grantor shall be responsible for reimbursing Grantee for any damage caused by Grantor, its officers,employees,contractors,agents and invitees.The maintenance,repair and replacement of any other portions of the Easement Area including,without limitation,the repair and replacement of any sod, including the irrigation and water service lines, and any Authorized Easement Encroachments, shall remain Grantor's responsibility, and Grantor, at its sole cost and expense, shall properly and adequately maintain it in a safe, clean and neat condition, and shall make ail repairs necessary to keep the Easement Area in such condition (GRANTOR's Ongoing Maintenance Responsibility"). 8. • Notices. All notices, requests, consents and other communications requiredor permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice)hand-delivered by messenger or courier service;or mailed(airmail, if international)by registered or certified mail (postage prepaid), return receipt requested; or sent by any form of overnight mail service, addressed to: 5 Page 316 of 1278 AS TO GRANTOR: 3900 Alton Road Owner LLC Attn: Ron Hoyl,Vice President 3953 Maple Avenue, Ste. 300 Dallas, TX 75219 E-Mail: ron@rockpoint.com WITH COPIES TO: 3900 Alton Road Owner LLC Attn: Daniel Domb and Joseph Goldman 500 Boylston Street,21 st Floor Boston, MA 02116 Email: Dan@rockpoint.com and JGcc rockpoint.com Mast Capital, Inc. Attn: Eran Landry,Managing Director 2601 South Bayshore Drive, Ste. 850 Miami, FL 33133 Greenberg Traurig, P.A. Attn: Kimberly S. LeCompte, Esq. 333 SE 2nd Avenue Miami, Florida 33131 Email: lecomptek@gtlaw.com AS TO GRANTEE: City of Miami Beach Attn: Public Works Department 1700 Convention Center Drive,4th Floor Miami Beach, FL 33139 E-Mail: giancarlopena@miamibeachfl.gov WITH COPIES TO: City of Miami Beach Attn: City Manager 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 And City of Miami Beach Attn:City Attorney 1700 Convention Center Drive,4th Floor Miami Beach, FL 33139 Or to such other address as any party may designate by notice complying with the terms of this • Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal delivery or any form of overnight mail service;and (ii)on the date upon which the return receipt is signed or delivery is refused or the noticeis designated by the postal authorities as not deliverable, as the case may be, if mailed. Notwithstanding the foregoing, written notice associated with coordinating the Grantee's Work or other notifications not associated with a default notice may be provided to the other party via e-mail, at the e-mail address provided herein, as may be amended in writing from time to time. 6 Page 317 of 1278 • 9. Indemnification (Intentionally Omitted) 10. Miscellaneous Terms and Conditions 10.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of Grantee's sovereign immunity protection,or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 10.2 Construction. For purposes of construction by a Court, the parties hereto acknowledge that both parties hereto participated in the drafting of this document. 10.3 Citv's Governmental Capacity/No Waiver of City Police Powers. Grantor confirms that it has full power and authority to grant this Easement. Nothing in this Agreement or in the parties'acts or omissions in connection herewith shall be deemed in any manner to waive, impair, limit, or otherwise affect the authority of the Grantee in the discharge of its police or governmental powers. 10.4 Remedies. An action to enforce the terms and conditions of this Agreement may be brought by the'Grantee and may be, at law or in equity, against any party or person violating or attempting to violate any provision of this Agreement or provisions of the Building, City Code, Zoning or Land Development Regulations,either to restrain violations or to recover damages.Any amounts due under this Agreement shall'be due and owing within forty-five (45)days of receipt of the invoice. The prevailing party in any action or suit arising out of or pertaining to this Agreement shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may determine to be reasonable for the services of its attorney. This enforcement provision is in addition to any other remedy at law, in equity,or both. 10.5 WAIVER OF JURY TRIAL. GRANTOR AND GRANTEE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT GRANTOR OR GRANTEE MAY HEREINAFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT. 10.6 Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of, Grantor and Grantee and their respective successors and assigns. 10.7 Entire Agreement; Modifications. This Agreement sets forth the entire agreement between the parties specifically relating to the subject matter of the Easement granted hereby and there are no other agreements or understandings between them relating to Grantee's use of the Easement Area. This Agreement may not be modified, released or terminated, except by agreement in writing executed by the parties hereto or their respective successors.and/or assigns, and in the case of Grantee, approved by the Mayor and City Commission of the City of Miami Beach. 10.8 Govemina'Law.This Agreement shall be governed by,and construed in accordance with,the laws of the State of Florida, both substantive and remedial, without regard toprinciples of conflict of laws. The exclusive venue.for any litigation arising out of this Agreement shall be Miami- Dade County,Florida,if in state court,and the U.S.District Court for the SouthernDistrict of Florida, if in federal court. • 7 Page 318 of 1278 10.9 Grantor Representations. Grantor covenants, warrants and represents (i) that Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant the perpetual Easement granted herein,and(ii)there are no lienholders on the Grantor's Property. 10.10 Easements and Covenants Run with the Land. Each and all of the easements, 'covenants, obligations and rights granted or created under the terms of this Agreement are appurtenant to Grantor's Property. 10.11 Recording. This Agreement shall be recorded in the Public Records of Miami-Dade County,.Florida by Grantee at the cost of Grantor. TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever,and Grantor will defend the title to Grantor's Property against the lawful claims of all persons whomsoever. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] • • • •• Page 319 of 1278 IN WITNESS WHEREOF,the Grantor herein has caused these presents to be executed in its name on the day and year first above written. SIGNED, SEALED AND DELIVERED.IN THE PRESENCE OF: 3900 ALTON ROAD OWNER LLC, a Delaware limited liability company Signature Print Name By: Address: Name: Ron Hovl Title: Signature Print Name • Address: • STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) The forgoing instrument was acknowledged before me by means of physical presence or online notarization this day of 2024, by Ron Hoyl, as of 3900 Alton Road Owner LLC, a Delaware limited liability company,on behalf of said corporation,who is personally known to me or produced as identification. Print Name: Notary Public, State of Florida My Commission Expires: [NOTARIAL SEAL] 9 Page 320 of 1278 IN WITNESS WHEREOF,the Grantee herein has caused these presents to be executed in its name on the day and year first above written. ATTEST: CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation Signature Alina T. Hudak, City Manager Print Name Address: 1700 Convention Center Dr. Miami Beach, FL 33139 Signature Print Name Address: 1700 Convention Center Drive, Miami Beach, Florida 33139 )SS: STATE OF FLORIDA COUNTY OF MIAMI-DADE ) • The forgoing instrument was acknowledged before me by means of physical presence or online notarization this day of ,2024, by Alina T. Hudak,as City Manager of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of theState of Florida, on behalf of said municipal corporation, who is personally known to me or produced as identification. • Print Name: Notary Public. State of Florida My Commission Expires: [NOTARIAL SEAL] APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION City Attorney Date 10 Page 321 of 1278 Mortgagee Joinder and Consent to Utility Easement Agreement • PNC Bank, National Association ("Mortgagee"), as owner and holder of that certain Mortgage, Assignment of Leases and Rents,Security Agreement and Fixture Filing from 3900 Alton Road Owner LLC, a Delaware limited liability company("Mortgagor")to PNC Bank,National Association,dated as of November 16, 2022 and recorded November 17, 2022, in Official Records Book 33471, Page 1066 ("Mortgage"), together with Assignment of Leases and Rents from 3900 Alton Road Owner LLC,a Delaware limited liability company, to PNC Bank, National Association, dated as of November 16, 2022 and recorded November 17,2022,in Official Records Book 33471,Page 1092;and UCC-1 Financing Statement from 3900 Afton Road Owner LLC,a Delaware limited liability company,as Debtor,to PNC Bank,National Association, as Secured Party,recorded November 17,2022,in Official Records Book 33471,Page 1100,all of the Public Records of Miami-Dade County, Florida, hereby joins in and consents to the granting of this Water Main Utility Easement Agreement(the"Agreement")in favor of the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, all in accordance with the terms and conditions set forth in this Agreement. Mortgagee agrees that in the event Mortgagee or any other party shall obtain title to the Grantor's Property through foreclosure or deed-in-lieu of foreclosure, the Agreement shall be binding upon the entity obtaining title as the then owner of Grantor's Property. Witnesses PNC Bank, National Association By: By: Print Name: Print Name: Address: Title: Address: By: Print Name: Address: State of County of The foregoing instrument was acknowledged before me by means of ( ) physical presence or ( ) online notarization on this day of 2024 by , as , on behalf of said company. He or she is_personally known to me or_produced adriver's license as identification. Notary Public—State of Print Name My Commission Expires: 11 Page 322 of 1278 Exhibit"A" Grantor's Property Parcel 1: OVERALL PARCEL-SOUTH SITE: All of Lot 53 and a portion of Lots 52, 54 and 55, Block 1 of NAUTILUS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 8 at Page 95, and a portion of Lot D of RE-SUBDIVISION OF LOTS 48, 49, 50 AND 51 OF BLOCK 1, NAUTILUS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 35 at Page 46 of the Public Records of Miami - Dade County, Florida, and a portion of Sections 22 and 27 in Township 53 South, Range 42 East, City of Miami Beach, Miami- Dade County, Florida,and being more particularly described as follows: Begin at the Southeast corner of said Lot 54 of Block 1 of NAUTILUS SUBDIVISION; thence North 09° 11'22" East along the Easterly line of said Lots 52, 53 and 54, also being the Westerly Right-of- , Way line of Alton Road (State Road 907) as shown on the Florida Department of Transportation Right-of-Way Map Section 87090-2402 dated 12-2009, Sheet 16 of 18,for 228.03 feet;thence North 80°48' 38"West for 269.11 feet;thence North 09° 11'22" East for 144.42 feet;thence South 55°48' 22" West along the Southeasterly Right-of-Way line of the Julia Tuttle Causeway per State Road 112/1-195 of said Florida Department of Transportation Right-of-Way Map Section.No. 87090-2402, Sheet 16 of 18,for 90.82 feet;thence South 05°59'58"East for 62.09 feet;thence South 23° 11'59" West for 161.81 feet;the following two(2)courses being along the Northerly boundary of Alton Road (State Road No. 25), as shown on said Florida Department of Transportation Right-of-Way Map; (1) South 54° 07'39" East for 162.79 feet to a point on a circular curve; (2)thence Southeasterly along a 600.92 foot radius curve leading to the right, through a central angle of 09° 57' 10" for an arc distance of 104.39 feet;thence South 76° 03' 16"East for 72.65 feet;thence North 41° 11'22" East along the existing Limited Access Right-of-Way line of the Westerly Right-of-Way line of said Alton Road (State Road 907) as shown on said Right-of-Way Map Section 87090-2402 for 48.00 feet; thence South 80° 48' 38" East along the Southerly line of said Lot 54 for 26.00 feet to the Point of Beginning. • 12 Page 323 of 1278 Parcel 2: A portion of Section 27 in Township 53 South, Range 42 East,and being more particularity described as follows: Commence at the Southeast corner of Lot 54 of Block 1,NAUTILUS SUBDIVISION,according to the plat thereof, as recorded in Plat Book 8, Page 95, of the Public.Records of Miami-Dade County, Florida; thence North 80° 48' 38"West along the Southerly boundary line of said Lot 54 for 175.93 feet to a point on the Northerly Right-of-way line of Alton Road, also known as State Road No. 907, as shown on the Florida Department of Transportation Right of Way Map Section 87090-2402, Sheet 16 of 18 said point lying on a circular curve, concave to the Southwest and whose radius point bears South 39°51' 18"West;thence Northwesterly along said Northerly Limited Access Right-of-way line being a 600.92 foot radius curve, leading to the left,through a central angle of 03° 58'57"for an arc distance of 41.77 feet to a point of tangency(said point being coincident with State Road 907, Station 15+16.00,as shown on said Florida Department of Transportation Right-of-way Map Section 87090- 2402, sheet 16 of 18); thence North 54° 07'39"West along said Northerly Limited Access Right-of- Way line for 162.79 feet to the Point of Beginning of the hereinafter described parcel of land;thence • North 23° 11'59"East,departing said Northerly Right-of-Way line for 161.81 feet, thence North 05° 59'58"West for 62.09 feet to a point on the Southerly Limited Access Right-of-Way line of the Julia Tuttle Causeway,also known as State Road 112 and 1-195, as shown on said Florida Department of Transportation Right of Way Map(said point being coincident with Sate Road 112,Station 190+12.29, as shown on said Florida Department of Transportation Right-of-way Map);thence South 55°48'22" West along said Southerly Limited Access Right-of-Way line for 211.08 feet to a point on a circular curve, concave to the Northeast and whose radius point bears North 42° 50' 30" East; thence Southeasterly along a 786.51 foot radius curve leading to the left through a central angle of 6° 48' 44" for an arc distance of 93.48 feet to a point of tangency (said point being coincident with Sate Road No. 907, Station 17+34.46, as shown on said Florida Department of Transportation Right-of- way Map Section 87090-2402, sheet 16 of 18);thence South 54° 07' 39" East for 55.66 feet to the Point of Beginning. This site lies in Section 27, Township 53 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida. • • • 13 Page 324 of 1278 Exhibit"B" Water Main Plans 14 Page 325 of 1278 Exhibit"C" Easement Area 15 Page 326 of 1278 EXHIBIT 'A" AL TON WATER EASEMENT LOCATION MAP z Lr,9'fi 440co:p 0 SL e 1 1 r.,,,. .�' WATER W Iii<iiik �pP9 * EASEMENT p 'Si411111 r`------ IA A PORTION OF SECTION 22 & 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, MIAMI—DADE COUNTY, FLORIDA NOT TO SCALE NOTES: 1. PREPARED FOR: 3900 ALTON ROAD OWNER LLC 2. PROPERTY ADDRESS: 3900 ALTON ROAD, MIAMI BEACH, FLORIDA 33140 3. THIS IS NOT A BOUNDARY SURVEY. 4. THIS EASEMENT STRIP FORMS A CLOSED GEOMETRIC FIGURE 5. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 6. I HEREBY CERTIFY THAT THIS "SKETCH AND LEGAL DESCRIPTION" OF THE PROPERTY DESCRIBED HEREON IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS RECENTLY SURVEYED AND DRAWN UNDER MY SUPERVISION AND,..DIRECT.I,ON. THIS SKETCH AND LEGAL DESCRIPTION COMPLIES WITH STANDARDS OF PRACTICE' EQMEMENTS ADOPTED BY THE FLORIDA STATE BOARD OF SURVEYORS AND MAPPERS PUI ' •.70 lAP. ER 5J-17, FLORIDA ADMINISTRATIVE CODE. O:.�\c�'�. ...,,-1 f 1• v .-1r J.Hernandez & Associates Inc S111?;V S C ICATE 1 - LAND SURVEYORS AND MAPPERS PREPARED U -: - , CERTIFICATE OF AUTHORIZATION No. L88092 3300 NW 112th AVE SUITE 10, DORM.. FL 33172 .1%•' . 0 (P) 305-526-0606 (E) infoOjhosuniays.com DRAWN BY: R.J.G. CHECKED BY: J.G.H. JO8 NUM.: 1.4904 ` ` - 41•4TE• 07/19/23 SHEET 1 OF 3 SHEETS F.B. N/A, PG. N/A _ LAW A I . 6652 SATE or fOI14. EXHIBIT 'A" AL TON WATER EASEMENT SKETCH TO ACCOMPANY LEGAL DESCRIPTION / D=1°2828" po;,'',/ 01, Z A=19.78' 9l �0k NI, pti R=768.51' T. t"1-O 009 / 55p.�q. N65°36'03 E g� \ 50.04' 'l `tip /L\s��o �ti �� �.',fY Ilir F O ol� y ' ti D=5°2941" Al) os. ell / 0 p• ryv A=73.70' ry1 �- �' �O cO; R=768.51'/ war ZsJ° `'� \ >o�'Y �� ,�o . a SUBfJMD D �s;j aj \ 29 Z o� ''�k. ' 0 ��, a^,� 4.Y N2B° '6�F ow 9ox,1,ti o�a0 �a� o• • GJ' / ,)4 ,., ' , ��Ct N?3° N60 Q 1.87;3" 7939, `�# 55��.(asp y �r ~y 7 . -. `�4 *# /, , 1 NOT SUBDM0 465. \ 41 4' A polf;iXW OF SEC, 22 &27 N05°59'58'W -TT- \� / iNP 53$ RNC. 42 E 36.62' ,o • � �Q' -/" \-6‘9- ..,•‘97 / 4 SFCp•9 tio�sDO 49 4' �( __-� OFpF itha \ '090? �� '� R.O.B. \<11, 4�2 WATER i `SZis, EASEMENT \ 0q-?y /0=3058.57. =47 N05°59'58"W LOT D OF BLOCK \ 25.47' WILLS R=600.92' I [015 \ / , 4449 SOa51 7 (P.O. 35, PG. 46) \ p, A I WA TTR MAIN EASEMENT !w i ~ (0.R.B. 30114,PC. 2755) s (0.R.p. 32072,PC. 984) / / '" LOT 54 LOT 5J LOT 52 1 C I LOT£ LOT 55 >•;E BLOCK 1 i RE-sL N OF NAUTILUS SUBDIVISION K 1,S US0 . 51 � 11 � OF BLOCK NAUTILUS St1901V1570N z (P.B. 8, PG. 95) (p•9 35, PG. 46) / - - - - - - - -1 - .i. PD. C. ALTON ROAD •• .. GRAPHIC SCALE S.E. CORNER STATE ROAD No. 907 C.. ;.E;;I,',, ., 0 40 80 _ OFLOT54 BLOCK 1 — — — — �. . `<^, . _ — v •N-NG r v'` c- 1 INCH = 80 FEET r J.Hernandez& Associates Inc I.;�VEY(, ?'S rIFICATE ,' 1•`, LAND SURVEYORS AND MAPPERS PR,,� S ` .a CER71F7C4TE OF AUTHORIZATION No. L38092 - '-, •i ; ',. ;; 3300 NW 112th AVE SUITE 10, DORAL, FL 33172 '�- . (P) 305-526-0606 (E) infoOjhosurveys.corn BY '. , DRAWN BY: R.J.G. CHECKED BY J.G.H. JOB NUM.: 17E' 07/19/23 SHEET 2 OF 3 SHEETS I F.B. N/A, PG. N/A LAND No. 6952 STALE• OF FLORIDA J ill RR K. :342= r 3 ..).;• :-- - PAGE I N EXHIBIT 'A" AL TON WATER EASEMENT LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF SECTION 22 AND 27 IN TOWNSHIP 53 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 54 OF BLOCK 1, NAUTILUS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLOT BOOK 8 AT PAGE 95 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA; THENCE NORTH 80'48'38" WEST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT 54, FOR 175.93 FEET TO A POINT ON THE NORTHERLY RIGHT—OF—WAY LINE OF ALTON ROAD, ALSO KNOWN AS STATE ROAD NO. 907, AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP SECTION 87090-2402, SHEET 16 OF 18, SAID POINT LYING ON A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST AND WHOSE RADIUS POINT BEARS SOUTH 39'51'18" WEST; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LIMITED ACCESS RIGHT—OF—WAY LINE BEING A 600.92 FOOT RADIUS CURVE, LEADING TO THE LEFT, THROUGH A CENTRAL ANGLE OF 03'58'57" FOR AN ARC DISTANCE OF 41.77 FEET TO A POINT OF TANGENCY (SAID POINT BEING COINCIDENT WITH STATE ROAD NO. 907, STATION 15+16.00, AS SHOWN ON SAID FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP SECTION 87090-2402, SHEET 16 OF 18); THENCE NORTH 54'07'39" WEST ALONG SAID NORTHERLY LIMITED ACCESS RIGHT—OF—WAY LINE FOR 162.79 FEET; THENCE NORTH 23'11'59" EAST, DEPARTING SAID NORTHERLY RIGHT—OF—WAY LINE FOR 161.81 ttt I; THENCE NORTH 05'59'58" WEST FOR 36.62 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED WATER EASEMENT; THENCE CONTINUE NORTH 05'59'58" WEST FOR 25.47 FEET TO A POINT ON THE SOUTHERLY LIMITED ACCESS RIGHT—OF—WAY LINE OF THE JULIA TUTTLE CAUSEWAY, ALSO KNOWN AS STATE ROAD 112 AND I-195, AS SHOWN ON SAID FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP (SAID POINT BEING COINCIDENT WITH STATE ROAD NO. 112, STATION 190+12.29, AS SHOWN ON SAID FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT—OF—WAY MAP); THENCE SOUTH 55'48'22" WEST ALONG SAID SOUTHERLY LIMITED ACCESS RIGHT—OF—WAY LINE FOR 211.08 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE NORTHEAST AND WHOSE RADIUS POINT BEARS NORTH 42'50'30" EAST; THENCE SOUTHEASTERLY ALONG A 768.51 FOOT RADIUS CURVE LEADING TO THE LEFT THROUGH A CENTRAL ANGLE OF 01'28'28" FOR AIV ARC DISTANCE OF 19.78 FEET TO A POINT (SAID POINT BEING COINCIDENT WITH STATE ROAD NO. 907 RIGHT—OF—WAY MAP SECTION 87090-2402, SHEET 16 OF 18); THENCE NORTH 65'36'03" EAST FOR 50.04 FEET; THENCE NORTH 55'51'18" EAST FOR 85.66 FEET; THENCE NORTH 28'20'47" EAST FOR 19.39 FEET; THENCE NORTH 60'40'13" EAST FOR 42.33 FEET TO THE POINT OF BEGINNING. LANDS SHOWN HEREON CONTAINING 4,989 SQUARE FEET MORE OR LESS. LYING AND BEING IN SECTION 22 AND 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, MIAMI BEACH, MIAMI—DADE COUNTY, FLORIDA. LEGEND DENOTES EASEMENT P.T. DENOTES POINT OF TANGENCY —g— DENOTES CENTER UNE SECT. DENOTES RIGHT-OF-WAY MAP SECTION —R/#— DENOTES RIGHT-OF-WAY UNE SEC. DENOTES SECTION P.B. DENOTES PLAT BOOK TWP. DENOTES TOWNSHIP PG. DENOTES PAGE RNG. DENOTES RANGE P.O.0 DENOTES POINT OF COMMENCEMENT P.O.B. DENOTES POINT OF BEGINNING D ,..,,DENOTES CURVE DELTA O.R.B. DENOTES OFFICIAL RECORDS BOOK A. _ c.,, h � . CURVE LENGTH ARC , S.R. DENOTES STATE ROAD --Jd. •.C' O IUS STA. DENOTES STATION . '•: ,.. $F ;� J.Hernandez & Associates Inc �gLIRVEY R' TIFICATE 1 LAND SURVEYORS AND MAPPERS PREPAY , , : I... CER77FTCATE OF AUTHORIZATION No. LB8092 0 •. r 3300 NW 112th AVE SUITE 10, DORAL, FL 33172 'O• �• . � Ti t�: (P) 305-526-0606 (E) 1ntoOjhasurveys.com DRAWN BY: R.J.G. CHECKED BY: J.G.H. JOB NUM.: Mitfizi ETNA.Ntra , '' LATE: 07/19/23 SHEET 3 OF 3 SHEE7S F.B. N/A, PG. N ' W'No. 6952 STATE OF FLORIDA