Resolution 2024-33413RESOLUTION NO. 2024-33413
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE
FOLLOWING DOCUMENTS IN CONNECTION WITH THE DEVELOPMENT OF
THE COLLINS PARK ARTIST WORKFORCE HOUSING PROJECT ON THE CITY -
OWNED LAND LOCATED AT 22423fD STREET (THE "PROPERTY"), PURSUANT
TO A DEVELOPMENT AGREEMENT AND ASSOCIATED GROUND LEASE: (1) A
TERMINATION AND RELEASE OF EASEMENT, IN THE DRAFT FORM
ATTACHED TO THIS RESOLUTION AS EXHIBIT "1", RELATING TO A NOW
EXCLUSIVE UTILITY EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT
("FPL"), RECORDED IN OFFICIAL RECORDS BOOK 21250, AT PAGE 620, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING IN A
PORTION OF LOT 11, IN BLOCK 2, OF THE AMENDED MAP OF OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, RECORDED IN
PLAT BOOK 5, AT PAGE 7 (THE "PLAT"), THAT PROVIDES ELECTRICAL
SERVICES TO THE MIAMI BEACH REGIONAL LIBRARYAT THE PROPERTY; (2)
A NEW 10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT IN FAVOR OF
FPL, IN THE DRAFT FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT "2",
HAVING APPROXIMATELY 1,702 SQUARE FEET AND LYING IN A PORTION OF
LOTS 7, 6, 9 AND 11, IN BLOCK 2, OF THE PLAT, REPLACING THE
TERMINATED EASEMENT, TO PROVIDE ELECTRICAL SERVICES TO THE
LIBRARY; AND (3) A NEW NON-EXCLUSIVE UTILITY EASEMENT IN FAVOR OF
FPL, IN THE DRAFT FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT "3",
HAVING APPROXIMATELY 1,302 SQUARE FEET AND LYING IN A PORTION OF
LOTS 7 AND 9, IN BLOCK 2, OF THE PLAT, TO PROVIDE ELECTRICAL
SERVICES TO THE DEVELOPED PROJECT; AND FURTHER, AUTHORIZING
THE CITY MANAGER TO FINALIZE AND EXECUTE THE DOCUMENTS.
WHEREAS, the City owns the property located at 224 23rd Street, within the Collins Park
Cultural District (the "Property'), which was formerly a 21-space surface parking lot adjacent to the
Miami Beach Regional Library (the "Library") and the Collins Park Garage (G12); and
WHEREAS, pursuant to a Declaration of Restrictive Covenants in Lieu of Unity of Title,
recorded on March 2, 2022, in Official Records Book 33044, at Page 3500, of the Public Records of
Miami -Dade County, Florida ("Public Records'), the Property is a unified development site with the
Library, which is owned by the City and operated by Miami -Dade County under an interlocal
cooperation agreement; and
WHEREAS, on November 13, 2002, the Mayor and City Commission adopted Resolution
No. 2002-25063, approving a Non-exclusive Easement to Florida Power & Light Company (FPL) for
the provision of underground distribution facilities, a transformer pad, and a vault at the Library site
to supply electrical power, which Non-exclusive Easement is recorded in Official Records Book
21250, at Page 620, of the Public Records ("Recorded Easement"); and
WHEREAS, on January 18, 2019, the City issued Invitation to Negotiate (ITN) 2019-099-KB
(the "ITN"), seeking proposals for a mixed -use residential workforce housing development (the
"Collins Park Artist Workforce Housing Project" or "Project"), encouraging proposers to include
dormitory space for the Miami City Ballet, Inc., a not -for -profit organization with nearby headquarters;
and
WHEREAS, on January 13, 2021, the Mayor and City Commission adopted Resolution No.
2021-31553, approving a Development Agreement with Servitas, LLC ("Servitas" or "Developer"),
the sole remaining proposer under the ITN for the development of the Collins Park Artist Workforce
Housing Project, containing residential workforce housing units for artists, teachers, and other
income -eligible tenants; dormitory housing intended for use by Miami City Ballet, Inc. (the "Ballet"),
to support the Miami City Ballet's dance education and other programs or, if an agreement with the
Ballet could not be reached, additional workforce housing units; and ground floor retail or cultural
space; and
WHEREAS, on January 13, 2021, in a companion agenda item, the Mayor and City
Commission adopted Resolution No. 2021-31554, approving a Ground Lease Agreement with
Community Finance Corporation, a not -for -profit corporation, or an affiliate thereof for the
development, financing, construction and operation of the Project (the "Ground Lease"); and
WHEREAS, on May 17, 2023, the Mayor and City Commission adopted Resolution No. 2023-
32619, approving revisions to the Ground Lease between the City and CFC—MB I, LLC, a wholly
owned affiliate of Community Finance Corporation ("Lessee"), to reflect the City's additional
monetary contribution to the Project, which Ground Lease was executed by the City and Lessee as
of June 1, 2023; and
WHEREAS, the Project broke ground on July 27, 2023, construction is approximately 75%
complete, and the Project is anticipated to reach substantial completion by spring 2025; and
WHEREAS, the Project will feature a 7-story housing facility, having approximately 74,000
square feet, and including public or cultural arts space on a portion of the ground floor, dormitory
housing for the Miami City Ballet's dance education program, and 80 workforce housing units,
prioritizing income -eligible artists, educators, City employees, veterans, and other members of the
Miami Beach workforce; and
WHEREAS, development of the Project necessitates the termination of the existing
Recorded Easement for FPL services to the Library, and replacing it with a new 10-foot-wide
perpetual, non-exclusive Easement, in the draft form attached to this Resolution as Exhibit "2",
having approximately 1,702 square feet, located along the perimeter of the Property, to maintain
electrical service to the Library; and
WHEREAS, connecting the Project to the FPL power system requires the installation of an
FPL vault room on the Property, and FPL has requested a perpetual, non-exclusive Easement within
the Project site, in the draft form attached to this Resolution as Exhibit "3", having approximately
1,302 square feet, to accommodate the vault and related facilities; and
WHEREAS, in order to permit FPL to access, construct, operate, and maintain above -ground
and related below -ground facilities to ensure electrical service for both the Library and the Project,
the Administration recommends that the Mayor and City Commission approve, in substantial form:
(1) the Termination and Release of Easement, in the draft form attached to this Resolution as Exhibit
1", terminating and releasing the Recorded Easement; (2) a new 10 foot wide non-exclusive utility
Easement in favor of FPL, in the draft form attached to this Resolution as Exhibit "2"; and (3) a new
non-exclusive utility Easement in favor of FPL, in the draft form attached to this Resolution as Exhibit
"3"; and further, authorize the City Manager to finalize and execute the documents.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve,
in substantial form, the following documents in connection with the development of the Collins Park
Artist Workforce Housing Project on the City -owned land located at 224 2311 Street (the "Property"),
pursuant to a Development Agreement and associated Ground Lease: (1) a Termination and
Release of Easement, in the draft form attached to this Resolution as Exhibit "1", relating to a Non-
exclusive Utility Easement in favor of Florida Power & Light ("FPL"), recorded in Official Records
Book 21250, at Page 620, of the Public Records of Miami -Dade County, Florida, lying in a portion of
Lot 11, in Block 2, of the Amended Map of Ocean Front Property of the Miami Beach Improvement
Company, recorded in Plat Book 5, at Page 7 (the "Plat"), that provides electrical services to the
Miami Beach Regional Library at the Property; (2) a new 10 foot wide non-exclusive utility Easement
in favor of FPL, in the draft form attached to this Resolution as Exhibit "2", having approximately
1,702 square feet and lying in a portion of Lots 7, 8, 9 and 11, in Block 2, of the Plat, replacing the
terminated easement, to provide electrical services to the Library; and (3) a new non-exclusive utility
Easement in favor of FPL, in the draft form attached to this Resolution as Exhibit "3", having
approximately 1,302 square feet and lying in a portion of Lots 7 and 9, in Block 2, of the Plat, to
provide electrical services to the developed Project; and further, authorize the City Manager to
finalize and execute the documents.
PASSED and ADOPTED this �/ day of yKen+b°✓ , 2024.
Steven Meiner, Mayor
ATTEST
DEL ± 2 ?pad
Rafael E. Granado, City Clerk 4:1v1�o,rr[o
iF+ =
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION
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ry orney *7r Dote
Resolutions - C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 11, 2024
TITLE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE
FOLLOWING DOCUMENTS IN CONNECTION WITH THE DEVELOPMENT OF
THE COLLINS PARK ARTIST WORKFORCE HOUSING PROJECT ON THE CITY -
OWNED LAND LOCATED AT 224 23RD STREET (THE 'PROPERTY"),
PURSUANT TO A DEVELOPMENT AGREEMENT AND ASSOCIATED GROUND
LEASE: (1) A TERMINATION AND RELEASE OF EASEMENT, IN THE DRAFT
FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT 1", RELATING TO A
NON-EXCLUSIVE UTILITY EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT
("FPL"), RECORDED IN OFFICIAL RECORDS BOOK 21250, AT PAGE 620, OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING IN A
PORTION OF LOT 11, IN BLOCK 2, OF THE AMENDED MAP OF OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY, RECORDED IN
PLAT BOOK 5, AT PAGE 7 (THE "PLAT-), THAT PROVIDES ELECTRICAL
SERVICES TO THE MIAMI BEACH REGIONAL LIBRARY; (2) A NEW 10 FOOT
WIDE NON-EXCLUSIVE UTILITY EASEMENT IN FAVOR OF FPL, IN THE DRAFT
FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT "2", HAVING
APPROXIMATELY 1,702 SQUARE FEET AND LYING IN A PORTION OF LOTS 7,
8, 9 AND 11, IN BLOCK 2, OF THE PLAT, REPLACING THE TERMINATED
EASEMENT, TO PROVIDE ELECTRICAL SERVICES TO THE LIBRARY; AND (3)
A NEW NON-EXCLUSIVE UTILITY EASEMENT IN FAVOR OF FPL, IN THE DRAFT
FORM ATTACHED TO THIS RESOLUTION AS EXHIBIT "3", HAVING
APPROXIMATELY 1,302 SQUARE FEET AND LYING IN A PORTION OF LOTS 7
AND 9, IN BLOCK 2, OF THE PLAT, TO PROVIDE ELECTRICAL SERVICES TO
THE DEVELOPED PROJECT; AND FURTHER, AUTHORIZING THE CITY
MANAGER TO FINALIZE AND EXECUTE THE DOCUMENTS.
The Administration recommends that the Mayor and City Commission adopt the attached
Resolution, approving, in substantial form: (1) a Termination and Release Agreement for an
existing, recorded Florida Power & Light (FPL) easement, (2) grant of a new FPL easement to
provide electrical services to the Miami Beach Regional Library and replacing the terminated
easement, and (3) grant of a new FPL easement to provide electrical services to the Collins Park
Artist Workforce Housing Project.
The City owns the property located at 224 23rd Street within the Collins Park Cultural District (the
"Property"), previously operated as a 21-space surface parking lot, adjacent to the Miami Beach
Regional Library (the "Library") and near the Collins Park Garage (G12). This Property is part of
a unified development site with the Library, which is owned by the City but operated by Miami -
Dade County under an intedocal cooperation agreement
Page198 of 1452
On November 13, 2002, via Resolution No. 2002-25063, the Mayor and City Commission
authorized a Nan -exclusive easement to Florida Power 8 Light Company (FPL) across the
Property, for the provision of underground distribution facilities, a transformer pad, and a vault, to
provide electrical power to the Library. This Non-exclusive utility easement is recorded in the
Miami -Dade County Public Records ("Recorded Easement").
On January 18, 2019, the City issued Invitation to Negotiate (ITN) 2019-099-1<13, for a mixed -use
residential workforce housing development at the Property (the "Collins Park Artist Workforce
Housing Project" or "Project"), encouraging proposals to include dormitory space for Miami City
Ballet, Inc., a not -for -profit organization with nearby headquarters (the "Ballet").
On January 13, 2021, the Mayor and City Commission adopted Resolution No. 2021-31553,
approving a Development Agreement with Servitas, LLC ("Servitas" or "Developer'), the sole
remaining proposer under ITN 2019-099-KB, for the development of the Collins Park Artist
Workforce Housing Project, containing residential workforce housing units prioritized for artists,
teachers, and other income -eligible tenants; dormitory housing intended for use by the Ballet, to
support the Ballet's dance education and other programs or, if an agreement with the Ballet could
not be reached, additional workforce housing units, and ground floor retail or cultural space.
On January 13, 2021, in a companion agenda item, the Mayor and City Commission adopted
Resolution No. 2021-31554, approving a Ground Lease Agreement with Community Finance
Corporation, a not -for -profit corporation (the "Ground Lease") for the development, financing,
construction and operation of the Project.
On May 17, 2023, the Mayor and City Commission adopted Resolution No. 2023-32619,
approving revisions to the Ground Lease to reflect the City's total monetary contribution to the
Project, including a $5.85 million capital contribution and $4 million via the Arts and Culture
General Obligation Bond. The Ground Lease was executed by the City and Lessee and is dated
June 1, 2023.
ANALYSIS
The Collins Park Artist Workforce Housing Project broke ground on July 27, 2023, and
construction is approximately 75% complete. It is anticipated to reach substantial completion by
spring 2025. The Project will feature a 7-story housing facility, having approximately 74,000
square feet, and including public or cultural arts space on a portion of the ground floor, dormitory
housing for the Miami City Ballet's dance education program, and 80 workforce housing units,
prioritizing income -eligible artists, educators, City employees, veterans, and other members of
the Miami Beach workforce.
FPL Easement for the Library
Development of the Project necessitates the termination of the existing Recorded Easement for
FPL services to the Library, attached as Exhibit "1", and replacing it with a new 10-foot-wide
perpetual, Non-exclusive Easement, in the draft form attached to the Resolution accompanying
this Commission Memorandum as Exhibit "2", having approximately 1,702 square feet, located
along the perimeter of the Property, to maintain electrical service to the Library.
FPL Easement for the Project
Connecting the Project to the FPL power system requires the installation of an FPL vault room on
the Property, and FPL has requested a perpetual, Non-exclusive Easement within the Project
site, in the draft form attached to the Resolution accompanying this Memorandum as Exhibit "3",
having approximately 1,302 square feet, to accommodate the vault.
Page 199 of 1452
The City will execute two (2) easement agreements, detailed in the attached sketches and legal
descriptions, allowing FPL to access, construct, operate, and maintain the necessary above-
ground and underground facilities to provide electrical service to both the Project and the Library.
FISCAL IMPACT STATEMENT
The execution of the proposed easement agreements with FPL will not result in any direct cost to
the City. The granting of these easements is essential to facilitate necessary electrical
infrastructure for both the Project and the Library. ensuring uninterrupted utility service.
The installation and maintenance of the electrical facilities, including the vault and underground
utilities, will be funded by the Developer as a Project construction cost, thereby relieving the City
of any associated financial burden. Additionally, the easements will help avoid potential costs or
delays related to securing alternative utility connections, supporting the timely completion of the
Project
The Project itself, funded through a combination of public and private investment, aims to provide
affordable workforce housing and cultural amenities that will contribute positively to the
community's economic development, aligning with the City's broader strategic goals for the Collins
Park Cultural District.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https:/Iwww.miamibeachfl.gov/city-hall/citV- lerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
In order to permit FPL to access, construct, operate, and maintain above -ground and related
below -ground facilities to ensure electrical service for both the Library and the Collins Park Artist
Workforce Housing Project, the Administration recommends that the Mayor and City Commission
approve. in substantial form, the following documents and furtherauthorize the City Manager to
finalize and execute the documents.
1) the Termination and Release of Easement, in the draft form attached as Exhibit 'I
terminating and releasing the Recorded Easement,
2) a new 10-toot wide Non-exclusive utility Easement in favor of FPL, in the draft form
attached as Exhibit '2'; and
3) a new Nonexclusive utility Easement in favor of FPL. in the draft form attached as Exhibit
3'
Applicable Area
South Beach
Page 200 of 1452
Is this a "Residents Right to Know" item Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes
Yes
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec 2-481
includes a Principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s).
Department
Economic Development
Sponsorfsl
Co-sponsorlsl
Condensed Title
Execute Easement Agreement, Collins Park Artist Workforce Housing Project. ED
Page 201 of 1452
"DRAFT"
D:I:It:lYl�i
This instrument prepared by or under the supervision of
(and after recording should be returned to)
Name. Ricardo J. Dopico, City Attorney
Address. City of Miami Beach, Florida
Office of the City Attorney, 4th Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
Folio No. 02-3226-001-0460
TERMINATION AND RELEASE OF EASEMENT
THIS TERMINATION AND RELEASE OF EASEMENT ('Agreement") is made and
entered into as of the day of 2024, by and among the CITY OF
MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, located at 1700
Convention Center Drive, Miami Beach, Florida 33139 (the 'City"), owner of the property located
at 224 23" Street, Miami Beach, Florida 33139 (the "Property'"), the FLORIDA POWER & LIGHT
COMPANY ( FPL'), and Ci I, LLC, a liability company organized and existing underthe laws
of the State of Arizona (the Ground Lessee')
WHEREAS, the City is fee simple owner of the Property, more particularly described in
Exhibit "A", which is leased to the Ground Lessee pursuant to that certain Ground Lease
Agreement, dated as of June 1, 2023. by and between the City and Ground Lessee, and
WHEREAS, the Property is encumbered bya 10-foot perpetual, recorded utility easement in
favor of FPL which includes underground distribution facilities, a transformer pad and a vault, to
supply electrical power to the public library on the Property (the "Easement"); and
WHEREAS, the Easement runs across the Property, and is recorded in Official Records
Book 21250, at Page 620, of the Public Records of Miami -Dade County, Florida, a copy of which is
attached hereto as Exhibit "B", and is more particularly described as follows.
Commence at the northwest corner of Lot 11, Block 2, as shown in
AMENDED MAP OF OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, recorded in Plat Book 5, at Page 7 and 8, Public
Records of Miami -Dade County, Florida; thence South 19' 57' 11 West,
along the west line of said Block 2 for a distance of 64.00 feet to the POINT
OF BEGINNING; thence South 70' 02' 49.4" East, parallel to the north line of
said Block 2 for distance of 134.42 feet; thence South 19' 57' 10.6" West for
a distance of 36.00 feet, thence South 70' 02' 49.4" East for a distance of
12.58 feet; thence South 19' 57'10.6" Westfor a distance of 10.00 feet; thence
North 70` 02' 49.4" West for a distance of 12.58 feet; thence South 19' 57'
Ill West for a distance of 4.00 feet; thence South 70' 02' 49.4" East for 0
distance of 6.25 feet; thence South 19' 57' 10.6" West for a distance of 11.83
feet; thence North 70' 02' 49.4" West for a distance of 16.25 feet; thence North
19' 57' 10.6" East for a distance of 51.83 feet; thence North 70" 02' 49.4" West
for a distance of 124.42 feet to a point. Said point located in the west line of
the above -mentioned Block 2; thence North 19' 57' 11 East, along the west
line of said Block 2 for a distance of 10.00 feet to the POINT OF BEGINNING.
Page 202 of 1452
Terrrunnuunand /frl..ar n/ 6rz.rmrni
Page l m 7
"DRAFT"
WHEREAS, in connection with the unified development of the Property., which will include
the development of the Collins Park Artist Workforce Housing Project, alongside the existing
library, the Easement will need to be terminated and released and a new easement granted in
favor of FPL, at a different location on the Property, and
WHEREAS, on October 30, 2024, the Mayor and City Commission adopted Resolution No.
2024- , approving and authorizing the City Manager and City Clerk to execute (1) this
Agreement, terminating and releasing the Easement, and (2) a new easement in favor of `PL.
replacing the terminated easement, to provide electrical services to the existing Library.
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner, City and
Ground Lessee agree as follows.
The foregoing recitals are true and correct and are incorporated herein by
reference.
2. The Easement is hereby fully canceled, terminated, extinguished and released and
shall have no further force or effect and shall no longer bind the Property set forth therein.
3 Owner, City and Ground Lessee hereby direct the Clerk of the Court, Miami -Dade
County, Florida to cancel the same of record.
[Signatures on following Pages]
Page 203 of 1452
T vm unu.on and k:-0�av, i.:.cement
P,',
"DRAFT"
Signed, witnessed, executed and acknowledged on this _ day of
2024.
ATTEST. CITY OF MIAMI BEACH, FLORIDA:
Signature
Signature
Rafael E Granado, City Clerk Eric T. Carpenter, P.E. City Manager
Address: 1700 Convention Center Drive
Miami Beach, Florida 33139
Signature
Print Name
Address. 1700 Convention Center Drive
Miami Beach, Florida 33139
STATE OF
SS:
COUNTY OF
The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [ ] online notarization, this _ day of 2024 by Eric T. Carpenter, P.E.. City
Manager of the City of Miami Beach. He is personally known to me or produced
as identification and did not take an oath.
[NOTARIAL SEAL]
Notary:
Print Name:
NOTARY PUBLIC. STATE OF
A1y commission expires __ _
Page 204 of 1452
7ornrawi.,n ;nrct Ro hr.'sv. R :4a-.arn ad
Pa" 4 ,f l
"DRAFT"
Signed. withessed, executed and acknowledged on this __ day of
2024.
WITNESSES: FLORIDA POWER & LIGHT COMPANY:
Signature Individual Signature
Print Name
Print Name
Address:
Signature
individual Signature
Print Name Print Name
STATE OF
SS:
COUNTY OF
The foregoing instrument was acknowledged before me by means of O physical presence
or [ ] online notarization, this day of ___ 2024 by
who e personally known to me or produced
as identification and did not take an oath.
[NOTARIAL SEAL)
Notary. —
Print Name:
NOTARY PUBLIC, STATE OF
My commission expires
Page 205 of 1452
rmiaNion erzJ kdeesr el F'a+rnirur
P", 5 u/
"DRAFT"
Sgned, witnessedexecuted and acknowledged on this day of
2024
WITNESSES.
Individual Signature
Print Name
Address
Individual Signature
Print Name
Address:
STATE OF
SS:
COUNTY OF
GROUND LESSEE:
CFC-MB I, LLC, an Arizona limited liability
company
BY: COMMUNITY FINANCE
CORPORATION, an Arizona nonprofit
corporation, its sole member
Individual Signature
Print Name
The foregoing instrument was acknowledged before me by means of [ j physical presence
or [ ] online notarization, this day of _ 2024 by
as of COMMUNITY FINANCE CORPORATION, an Arizona
nonprofit corporation, as sole member of CFC-MB I LLC, an Arizona limited liability company,
who is personally known to me or produced as identification and did not lake an
oath
[NOTARIAL SEAL]
Notary.
Print Name:
NOTARY PUBLIC, STATE OF
My commission expires
Page 206 of 1452
Termination and R"'rZ" of F""m ant
Page 6 nt Y
"DRAFT"
Exhibit "A"
Legal Description of Property
Folio Number. 02-3226-001-0460
Lots 7. 9 and 11, less the Northern 10 feet for right of way.. and the northern 25 feet of Lots 10
and 12, Block 2, Amended Map of The Ocean Front Property of the Miami Beach Improvement
Company, according to the map or plat thereof, as recorded in Plat Book 5, Page 7.. Public
Records of Miami -Dade County, Florida.
Page 207 of 1452
gc 7�, �a
"DRAFT"
Recorded Easement
Page 208 of 1452
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SURTAX 11.45
IIARJEI WVIN, UUK DF (AUPT
t11An1-o-a6E COJITI, FLAIDA
The undcrvgned, Cny of Miami Reach I.londa lGrao tor), tv consrtlernnon of the
payment of 510 00 nod ,the, good and valunhle c or,nicrarrun, de, adequacy and
recrrpl of who,b , hereby acknowledged, gram and give to Ronda PVwef ,e'.
!_rgkt Connotuy, is Lcensees, agents, successors, and assigns (Grantee), a pan_
cxck;,v v� casement forever for the Construction, opcinUon and ma.ntunancc of
e.ekwad and underground elo me utility faaihties, a transformer pad and vault (including wire, yMes. III cables,
con darts and app oncnant eq u I Pment) to be to slat led trom time to Umc', wt th the right to rcconstrue t. improve. add to.
OnIage, Change the collage, " «ell a5, no, s, of and rnnacc such h ciIiies or any of them with;n an cxaemenI 1Q
feet in width dmt,ocid as follow,
See attached cxhi bir "A^ for MtaMt ❑eoC,h .Re910ne1 L1 hr'ary
Together w-:h trie,,,le w permit any other person. firm or corpouruisn To NNwls—W to asy taed,+1,6 hereaxxki and I:ry
exkile and condua x; tlnn the ruscmcnt to,, neru�tkeaarrx alit, for uan11 san(v for uan111 commemcan o, purposes the right of
reers and egre�OI to Quid es,entent at all umcs the light w meat the land and keep it cicamd of all trees, :old" in" it,
anti otlar obsnucuons wUhm the easement vea, to trnn :red cut and keep tnmmud and cut all dead, weak, Icanmg or
3angcrocs trees ur hmbs outside Ua eaecmunt arcs winch nXH inlerfcre wuh ur Ihll upnn the Imcs or systems of
w uwnaw. non; iw-a4r v Tvrrrsiaon ar d,!, h.nawc: and f6Ttt"T grants, to the ofu"I extent the undcntgtW hnc the
power to yant felali.the nghtcherein'hove graved on die land heremforede,'bed. I he easeatcu:arcs a-d:rent
In the die t or and TI light ,co r mucd Ofirn its rse is not lectured for th I end pr put}.
iN totlht'S tt [iEapoP,n .d-,g+�od l.' gMandsealel the vsaamoa t'r / / I eISj,i 2UO3.
II AM1CA,adl 8F 4Ci/GkAM-tqR
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fW t � n
iy �atcf�.
t t (krk'c pHwr+so v-ayaenc} .
u esS_ r�nne� __—..-APPROVED AS IQ... van Rtb9Tl FA C,, s: _
FORM & LANGUAGE
& FOR EXEGUID"d AdJ1-. 2-rIJU. _C22LtR><L541_ susL2
Pial,Nau li/!l-%yEih '-v%+U'i'E'J'1 NL�'L-_&es#Ci-lct,... d3111
tia (Wnness) �t I
S'I\II, UE i jo"-,J .e ANA C")UNTV C11
The In,i,I, ma:.rmm.t wua
zuomv5'T
M,0)mrre nc Ihodayof QJ� M�i 7n J2 ]n✓r�
r
U{X+�T !�H%P�</ rz,epcanvdy the Mayor mid {sty Clerk ul the C¢: of `dtana FSeacb,
a flatida_ cCrpvraVnrv'mvnxtp»'lily, on cehdt ni .a+A munr. rpahty aet9<areBe6. eho e per LMLly known to me o� ha.e
produced _ as E,11.r:AM1
s6 n ar .
MY t.Lmm ss , t Lien. teti aFgUC11AMP jjJJ
RrY SrnTE 01 FlAWDA Llt Ll 07/l�rxO Ell
voi(l4\U iiinenk9 yT. ary PublK S1!f Rs� fvnuc
F.'dl'OItK cdf 1. GK'.EA Pri i S4m
Book212501Page620 Page 1 of 7
Page 209 of 1452
1Z9a6ed/OSZInoo9
jTT..
r
�� i�
e
ell
I
�
s
i
EXl-h8J z. "Draft"
f. eh<Rec.,es: Nc. NON-E%CLUSIVEUNDERGROUND
cn�14 7.pLS Rue i2c EASEMENT {BUSINESS)
F n^'. Pogarxe f)y
Ptll!';I10 Lt'12ff• n:apL flare 1 1 10
e. Gin of Nu"�: f?¢'rCi
'2bwlws!i M`E ,rt:yi'i Pcc.=ss !—feooh pn huiili
'y'n Si]]1S'Cc4=J+Rb 61'. q:a^nflgnT f.'mov 3d
w_xe
The undersigned, h Consitleranoo Of the paymed; or $1 00 ar:C other
good one vanraoie conslderallonthe adequacy and receipt of which is'.
hereby acknowledged, grant and give to Rol Power 3 light
Co ... party. Its bcensees, agents, successorsdid asfagns rFPL`),
a non-exclusive ea^Ament forever for the conatruc'.ioP, operation
ana ma:hienance of urdergrauc-C Beer, Uiiliij racrbtias (mc'uct+bg'
cab as condole appurtenant equictri to be installed from time to
hone, wiu, the right to recbnsbucL nnpmveadd toenlarge, change the
voltage as wee as, the az. of anti rentdva such ho"Yies e, a,:y aft
III wrinm art easement described as (pllows
See Exh[ot "A' ,'Easement Area
Together with 'he right to pe'ilvt =PL 1G attach wires U any her, mee hereunder ana lay caote a^d cor:omY wl'.h"I the
a.ser'reot and to operate 'he sortie only for FPL S Communications phones the r,got of ingress and efdne5S -0 the
Eased Area at a'I roi el the fight `O clear the land and keep It clearetl Of ail trees. Unde`growil, antl alow obstructions
wi rihi the Easement Area N, Il and cut antl keep Inmmad and Cut al'. dead, weak Leaning Or dangerous pees or '.imbs
oudul of the Easement Area wrllch I, yhl Interfere wl'h Or fat u{xm the 'Ines or n
h
systems Of co ufl -A cns o,
power trarsmissoln or dis;ribuVor. antl i,f1f, grants. to the lolleat extent ;he rmdassSaeq has !he power A
grant If at ai the rights hetertabove granted on the t0lia l'tl Area heretofore deccrided, over. along, under and
across 'he Oil streets or higrwajs Nr19irtinC� or III said Easemeet Area
INAITNESS (%HEREOFtheo,dthegl,edhas sgpted a,,d leafed this ms'Llili on -
Signed, sealed and de'iverert in the c,eser,Ce (If
Gran•dr City ai'INiaml Beapn
For, Name _ _ __ _
dwress iyrhi Qmventior"f, n' . Miami Beal Prirt Name. Er l La+{x*�ter. PF Ciiy
Nanece"
Ft.39'S9 P'1IY Idu or,
_ __ 1}gDC c'rPrfae QortEf DI M:Am: BeSf:-'
rw,�rwsr ssna urel --�
PI, Nam16—.—
drldre<s 1700 ConvenRm p4bhr ;lullao, Pt.
33'3a
STA`E OF AND COUNTY OF ____, The faregmrvg v'lssumentwas
8,rol.Baged before me It, idly OI _---_ 20_ by
the _ of
Is Perso,m:ry nl,c— «o he a ran uronol:ed _ as
identl5,, shop, by means of_ of,, eoai presence or_mvne 1-otifluf iol, 'rAx rider-.Juhhhl
vv darnisxon F.ph,
Notary Puotic Slgnaure
Name
Page 211 of 1452
Non -Exclusive Underground Easement(Business)- 02�3226-007-0460
Signed, , tnessec_ executes ant; acWiov liedgec 0,1 this -- day or _
2023.
WITNESSES.
Individual Signature
Fria Name
Adcress
Individual Signature
Print Name
Andress
STATE OF
SS:
COUNTY OF
GROUND LESSEE:
CFC-MB !, LLC, an Arizona runreu liabitify
conlpany
BY: COMMUNITY FINANCE
CORPORATION, an Anzona nonprofit
corporation, iTs scie member
Individual Signature
Print Name
The foregoing instrument zies acknowledged before me by means of (j ph,�ioal presence
Cl[) online notarization, this_ day cf_ _ 2024by
as ___ of COMMUNITY FINANCE CORPORATION, an Arizona
nonprofit corpo,-anon. as sofa member of CFC-NIB I LLC. an Arizona timited liability company.
wne s persondlly known to me or produced as identification and did not take an
Oath
Notary
(NOTARIAL SEAL) Print Name ---
NOTARY PUBLIC. STATE OF
I rammissnnn expires _,—
Page 212 of 1452
SI
_2
S MENT
LO JATION
h `\
F Z L19T Sr
9T 3�Td*N IT
Tc^slTF 533-Rma a2f.-3EC'ilT >'
LOCATION f1AP
N T.S
- L i,- R P' .. M r ". e
:^ROri4 TO u.qT I `IlljU ,AA' )F TnE L6P+ PR,,l
R EST'% CE C .A 3Ea ..r,•IEL,E'T AS RLC.ZlLEi; T. TL, T 3: T, 5 4" -dGE ' J,
LLC 4ECC4.. dF ,m AL -:!L _2 .. :?R as`-_L.:@L`'TC AGE"I AT ,OL. AS
-E a L s,);P TINE evEv _ -, „ I'I, F ^ J'IC F VES- -'IE 3r v i - J�>
J 2455 ',vES' '__,,.. E_ '9 PCVT _r IDP.; ,r. ve
',C,; 'J'._ 5q" E" C EEC.` S,,"- , El 25 4ES C CO TEE'. E.' L 1'17 j 05 31
NEST ';!59 EE T..EI, $ J r 'J'5-2n WE' 4.00 CET 'Tt"CE Sv J' 7]'C57°T EAST ..25 FEE' 1nEVCE
( TrA 25 +uES' .53 r_s niE sif. + T 'CES b NES- '625 T C ,tEm,'L N-IRI-'S'5A_5"CAST
rN ,riE 1CR-li COS 1 . +EE' 2 T -2 EEC*. ',P+CE a' NC <tC WEST LIE _�F cqT,
.54 25 -AS' . Til, P_ JF 9L,pTrnNG
ST - ,.�wc ,� -aG ^T C w "T" -Ti e , TNTr.'IVG
-RE C U 0'-, a RE 'ACRE '6r ESA
SEF S"tE 2 01 2 FOP SYET$H
rt—
/3h/Y i[N4 Eh4MFNi ILP ,Ali
FCv. $'CfiS
NNNN Sr CHMIED rr ua
ETCH & DESCRIPTION TnIS UFTcn 1c¢ I.
Vf4PL5EX� i 9[.UeYy{Iv ;UWL*
CITY OF MIAMI RE
Martine "44Q Gaj 1
Rossi � No.
MILLERFA
xa xA.a vwi
a`a �.erm,ro",nao �„ouxrtT rpry S
Page 213 of 1452
SHEET 2 OF
GRAPHIC SCALE
c 25 5c 'HOC
N FEEL 1
I INCH 5, FEE'
IF
YA C.
NW CORNER LOT 11
P H. 5, PG. ), O.C.RN I I* O' )10(,N
U
.v7 G 2riYq' S'
Rq Y�1?HfEry0fa ? LJNE1l2,fT ST,wAY v T
(jf:
4E = w^ DESJS, 0 R
FSig 54'25
\\ �IO
ry J0'0535 F. RIC,FT-0}1 WAT LINF � /58' 4
OF L101258ERT� AVENUE /tSIT54'25 W
SUR VE OR NOTE
BEARINGS ARE BASED ON THE FLDRIOA
STATE PLANE COORDINATE SYSTEM.
R ORIDA EAST ZONE. TRANSVERSE
MERCATOR PRO.ECTION. NORTH AMERICAN
DATUM OF AS'. ADXSTMENT OF '990
(N AD 83'90).
A BEARING OE SCVT,- T^' 3535- EA5-
1A5 BEEN EST ABL5NED ALONG THE NORTH
UNE OF BLOCK ].
40y .a N70'Ds'35w, 1.
1625
oTa /
ABBRENAT ONS.
PG PAGE
P8. - PLAT' BOOK
D.CR - CADE COUNiv RECORDS
POO - POINT OF COMMENCEMEN'1
P.O.B, - POINT OF BEGINNING
t - CEN'EBLINE
MILLERN LEGG
�.. srrrce s ossacrrr�av
Page 214 of 1452
"Draft"
NON-EXCLUSIVE UNDERGROUND
T'-vp L5nge_ E EASEMENT (BUSINESS)
ren 9y
Par -el D [ Jc[U _" i46: Nnue ( so T Fsr
-v au'dr. e06Y LA_9y PoaYavw. e4a."s (dsy.,. Ek'.
�j.IrVSIr De df,afnp.W12d nr
R,rJ/II iSl¢rmi P,er 6ni M.nm :LTL =Rga 1V JB
, c'Z
The ,1ce,s,gr,C c cansloe,a Con of the payment or $1.G0 and other
good and valuable COISIdeetldnthe adequacy and receipt of which i$
hereby acknowledgedgnarl and gice to Florida PaWer $ Light
Compamris licensees, ageos successors, are assigns ;'FPL').
a non-eacluslae easement fore,er for ;he cdnsVucteo operation
and mam!enance of unCergrdund elecrrc e,,, fa,,sas ;r,nocleg
--Chriscm`dmtsappuetenant equipment and ep➢urt¢nant above ground
equipment vault room) to pe installed from time to time, v,11h the right to
reconstruct, rode,e, add no, enlarge. change the citage. as well as. me
size of mrc r&rq.b s„r, fe.1'res or any of here imi- ar easement
described as fellows.
See Exrep¢'A ='Eas or,i Area
Togemer wsr, :he Etn to perm" FPL 10 attach hires to any fatlLL@S hereurder are fey cable and concwt warm the
easement and to Operate the same only for EPLS communications punpuses; the nge; of ingress ono egress to the
Easement Area at all times. the right to clear !,he lane and keep- etearetl of all "Iucdefgroa^,!t one olher obStrvIXiorrs
w4mm-r
:t the Easeent Area: to lam and cut and read tranmee are cut It dead, arose, leenmg or dangerous frees or hmbs
oVtSde of the Easement Area Which might interfere wl!lh or fall upon the Imes of Systeme If ro —1, ppower
mph r
all Sanssidn Or tllslribuLo1. and ludher gents, ro me Ileh ePt,o the uotlersignee ,,as the poWan to grant e or
all S righl5 -1hod9eeae nplm or the En are
Fla he^eotore Geecrllled, (Y.e,. aipng yna`er and -Gros- "Y
roans. a.Ye¢ts dr highwag5 adjoining or ;ryropyn SarC Easement Ar¢a
IN V) TNESS V,-E gEOF. the Iindersgned has signer and sealed this irutrument on --- ___" 20_
Signed sealed and deli,. red ,I the presence of
��i R'e59 Figr3S,@��
P,wName. _
Address T1ph Ccnvennpn f, f��2Ciive. Mi air Ieeaoi
FL 3339
Pr I'! Nana.
Adores, r]GO convenucn'E@fq�i)Grwe Miarreeacr w_
33'3r�
51.0—Ir r c—dy 9f M'laml Beach
m
Rn'it Name Eric T. Caeerrer, P E City
Manager
wy-d adnreas
i 7,.1 Ccncacwn Cents, D,, Miam peach FL
STATE OF _, AND l',Ot NTY OF _ ___ __The toego.ng instr„ment Is
eckrOwledgeP before me 1"s _ day of 20, by
a ___Wllo s ,esOnaly 1oVJn 'O RIP. or has predr.-e0 _ _ _ _...._ 35
idenp RCallon, b, means ol_ phvsmal presence or _ _oNina rotanzafion , ...e r o� !r,arrcl
Nry _omm.ss,a ..+.I—
Nalaiy Poole 51gnaWre
rant Name
Page 215 of 1452
"graft"
Nan -Exclusive Underground Easement (Business) - 02.3226001-0460
Signedwitnessed. executed and acknow.edged on this --
day of
2024 -
WITNESSES.
Individual Signature
Print Name
Address
Individual Signature
Print Name
Address._
GROUND LESSEE:
CFC-MB I, LLC, an Arizona limited Ilatnh'y
company
BY: COMMUNITY FINANCE
CORPORATION, an Arizona nonprom
corporGatione sole member
h*dvldual Signature
Print Name
STATE OF )
SS:
COUNTY OF,,, )
The foregoing instrument was arknowledgeo be€ore me bymeans of (j phySicat prasence
or (j onime notarization. this _ day of _, 2024 by
as _ _ of COkm,1UNITY FINANCE CORPORATION, an Arizona
nonprofit cexpCratioa, as sole member of CFC-MB i LLC, an Arzonaa limited iiabiLty company.
who is personaily known to me, or produced _ as Identification and did not take an
oath
No+zry ____ _ _
(NOTARIAL SEAL) Pont Name.
NOTARY PUFILI C, STATE OF
L1v commission expires �.
Page 216 of 1452
Y u �
s.
5 MEAT
L AATION
1JRG b
�Y
_ IGM 5• Z 9� yl�
pM S � 2�— IHYII
_0YR19 nP 63S-RANGE c2E-4Vlb 27
LOCATION MAP
4!S.
-U-:r( Er sEv E"
tIIDN, C EaLJ..ry THERE AG n ^ THE
AYRNC R
14>NU VEME\' ChP 'pE .E _'Oe ?NE F_.S' T03PE P S RE E V PLD IJOOk 5 IT � 'AGE � THE TE;
f BLC kEEO" -- 1 A!�—L OE OUN'� r Wpa. MORQ PAR' LARi' DCS"aBED A4
'-T .. ,.r 9AIC "IE It S
-11 -ME c r ,: eEcv 1HEAeE 0N. NEE 4L�Vc s .r; so!,�N P!, r sA- ENE ,6 1 T„:,,a
EAs !OGG =ELT THENCE ST 1 gs<n" .TEST '69fi °CJ 'REVCC VOR a 70-9 I! .vrS' i0I rnT-IE%,`
'9'5c LIST 2' 11 EE LeCi:ALI __ Ass
-s.3 GEEi. Ltif.E A' !! ;aye-=' sEsi
:r` 1 .-E 3CLTH C-3r!EnS eEE nE�u.E vR�, - -9 CAST `6 cE_T '1
J REGiNw16 - -iE. �UiN_
a..ti - E.,! d-., L
rNU �S' r'.RE iC nL91 , .< -Sc
_ _SKETCH & OESCRIPTION x�"a�a„; :`!`. XES ""
ser sHce� z or s FOR snErc" �oUGo.a. aU
cExnFIED 10', 1 nCNCB.' ccaury rArt rms :K*ce «LBrs
""1!!1 NNW.o a! aaKrCC . IV FWl M rF[
b oEr "NIN ar .csa,:n!aE ux;
CITY OF MIAMI Ot u a IMN. o, mxoas
Mo wT s I O NomR ]y....).
Irvn*an, MDE NIQS r %
.. •• ,. rwa on suuxEs
Foss! „ ,': F No. 5 r •llljs� 9geI. c.+ av �P¢escs xix.
�. `�` I� usliikl� Pam. �� uw+[a
MILLERAT Fa,P 1GaMaCb,NrO x< aE,
�< < I Poo,
m.T...ixeo«ws,vyMp�LOR no. +'v�«s�uua. unw
vier UY rr / — • O nn naoa, ..
w+nwx ec Ev c«Ecxcc er «a !,,,,�s,a„ vryrr Sur :P 0— 141
—G-1-1m m,... uu« wFUM[[ 9sM-.j ..- A.•-Y-_m.. m� , yC <)l4n Y w-�
Page 217 of 1452
1
�l
" c
O
f NwC
/ R
k' " ENE D d SERF T
_INE LOT l J „T ,,, t0.00• )
s70'05'4s'E
�1 24,17m.or
/ SIg541... sT, Wav
t0.4� T..� iN
��RDDN l
(r / NI9'54'1]"E..�( L lJt &tp. 7
20.45' I N)p:"^. l P OF 7HMFIVDe R 2
38 at°3lY J :a. l CIR. Ey � FR,
NT
r.,,CS• \.. T 9 "-a COMa4Nan1Z4, NAA
l `'mil fl S, A, y l
S7aO5'43"E / 00
4,29 R
40)5 1
r 4VEV/184y L"Ve OF
<0t 12
WROE "OR 'S NOTE. �T t07 rJ
SEAFtINGS ARE 8ASE0 ON THE noRJDA
STATE P,ANE COORDINATE 5T'5TEM, COIB
FLORIDA EAST ZONE, TRANSVERSE
MERCATOR PROJECT,ON, NORM AMERICAN
DATUM OF 1983, ADJUSTMENT OF 1990,
(NAD 83/9Cj /
4 HEARING OF SOUTH 70' 05' 35EAST
HAS BEEN ESTABLISHED ALONG THE NORIH
LINE OF B_OCK 2.
ANHPE VIAT'ONS,
PG - PACE
P.B. - PLAT BOOK
DC.A. - DADE COUNT, RECORDS
PO.C. - POINT OF COMMENCEMENT
P.O.B. - POINT OF BEGINNING
k - c;ENTERLiNE
a so w
MILLER���EGG
r<S:nv ru'wn µq �nitlkoU of N :.a A. ",9 .1. IXXS *4t XE . E
If OCSY'tfPTION 20700141 SH-2
12137
Page 218 of 1452
EXHIBIT "1"
This instrument prepared by or under the supervision of
(and after recording should be returned to):
Name: Ricardo J. Dopico, City Attorney
Address: City of Miami Beach, Florida
Office of the City Attorney, 4th Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
• • s i e ti i��t
TERMINATION AND RELEASE OF EASEMENT
THIS TERMINATION AND RELEASE OF EASEMENT ("Agreement') is made and
entered into as of the _ day of 2024, by and among the CITY OF
MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, located at 1700
Convention Center Drive, Miami Beach, Florida 33139 (the "City'), owner of the property located
at 224 23itl Street, Miami Beach, Florida 33139 (the "Property"), the FLORIDA POWER & LIGHT
COMPANY ("FPL"), and CFC-MB I, LLC, a liability company organized and existing under the laws
of the State of Arizona (the "Ground Lessee').
WHEREAS, the City is fee simple owner of the Property, more particularly described in
Exhibit "A", which is leased to the Ground Lessee pursuant to that certain Ground Lease
Agreement, dated as of June 1, 2023, by and between the City and Ground Lessee; and
WHEREAS, the Property is encumbered by a 10-foot perpetual, recorded utility easement in
favor of FPL, which includes underground distribution facilities, a transformer pad and a vault, to
supply electrical power to the public library on the Property (the 'Easement'); and
WHEREAS, the Easement runs across the Property, and is recorded in Official Records
Book 21250, at Page 620, of the Public Records of Miami -Dade County, Florida, a copy of which is
attached hereto as Exhibit "B", and is more particularly described as follows:
Commence at the northwest corner of Lot 11, Block 2, as shown in
AMENDED MAP OF OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, recorded in Plat Book 5, at Page 7 and 8, Public
Records of Miami -Dade County, Florida; thence South 19' 57' 10.6" West,
along the west line of said Block 2 for a distance of 64.00 feet to the POINT
OF BEGINNING; thence South 70' 02' 49.4" East, parallel to the north line of
said Block 2 for distance of 134.42 feet; thence South 19' 57' 10.6" West for
a distance of 36.00 feet, thence South 70' 02' 49.4" East for a distance of
12.58 feet; thence South 19' S7'10.6" West for a distance of 10.00 feet; thence
North 70' 02' 49.4" West for a distance of 12.58 feet; thence South 19' 57'
10.6" West for a distance of 4.00 feet; thence South 70' 02' 49.4" East for 0
distance of 6.25 feet; thence South 19' 57' 10.6" West for a distance of 11.83
feet; thence North 70' 02' 49.4" West far a distance of 16.25 feet; thence North
19' 57' 10.6" East for a distance of 51.83 feet; thence North 70" 02' 49.4" West
for a distance of 124.42 feet to a point Said point located in the west line of
the above -mentioned Block 2; thence North 19' 57' 10.6" East, along the west
line of said Block 2 for a distance of 10.00 feet to the POINT OF BEGINNING.
Termination and Release ofEasement
Page 1 of
"DRAFT"
WHEREAS, in connection with the unified development of the Property, which will include
the development of the Collins Park Artist Workforce Housing Project, alongside the existing
library, the Easement will need to be terminated and released and a new easement granted in
favor of FPL, at a different location on the Property; and
WHEREAS, on October 30, 2024, the Mayor and City Commission adopted Resolution No.
2024 approving and authorizing the City Manager and City Clerk to execute: (1) this
Agreement, terminating and releasing the Easement and (2) a new easement in favor of FPL,
replacing the terminated easement, to provide electrical services to the existing Library.
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner, City and
Ground Lessee agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. The Easement is hereby fully canceled, terminated, extinguished and released and
shall have no further force or effect and shall no longer bind the Property set forth therein.
Owner, City and Ground Lessee hereby direct the Clerk of the Court, Miami -Dade
County, Florida to cancel the same of record.
[Signatures on following Pages]
Termination and Ratease of Easement
Page 3 of 7
Signed, witnessed, executed and acknowledged on this _ day of
2024.
ATTEST: CITY OF MIAMI BEACH, FLORIDA:
Signature
Rafael E. Grenade, City Clerk
Address: 1700 Convention Center Drive
Miami Beach, Florida 33139
�^
Print Name
Address: 1700 Convention Center Drive
Miami Beach, Florida 33139
STATE OF
COUNTY OF
Signature
Eric T. Carpenter, P.E., City Manager
SS:
The foregoing instrument was acknowledged before me by means of ( ] physical presence
or [ ] online notarization, this _ day of _, 2024 by Eric T. Carpenter, P.E., City
Manager of the City of Miami Beach. He is personally known to me or produced
as identification and did not take an oath.
Notary:
[NOTARIAL SEAL] Print Name:
NOTARY PUBLIC, STATE OF
My commission expires __.,
Permina(ion and Release of Easement
Page S of
"DRAFT"
Signed, witnessed, executed and acknowledged on this _ day of
2024.
WITNESSES: FLORIDA POWER & LIGHT COMPANY:
Signature
Print Name
Signature
Print Name
STATE OF
COUNTY OF
Individual Signature
Print
Individual Signature
SS:
Name
The foregoing instrument was acknowledged before me by means of [] physical presence
or [ ] online notarization, this _ day of 2024 by
who is personally known to me or produced
as identification and did not take an oath.
Notary:
[NOTARIAL SEAL] Print Name:
NOTARY PUBLIC, STATE OF
My commission expires
Pemination and Release of Easement
Page 5 of 7
"DRAFT"
Signed, witnessed, executed and acknowledged on this _ day of
2024.
GROUND LESSEE:
WITNESSES: CFC-MB I, LLC, an Arizona limited liability
company
Individual Signature
Print Name
Individual Signature
Name
STATE OF
SS:
COUNTY OF
BY: COMMUNITY FINANCE
CORPORATION, an Arizona nonprofit
corporation, its sole member
Individual Signature
Name
The foregoing instrument was acknowledged before me by means of [) physical presence
or [ ] online notarization, this __ day of , 2024 by
as of COMMUNITY FINANCE CORPORATION, an Arizona
nonprofit corporation, as sole member of CFC-MB 1 LLC, an Arizona limited liability company,
who is personally known to me or produced — as identification and did not take an
oath
Notary:
[NOTARIAL SEAL] Print Name:
NOTARY PUBLIC, STATE OF
My commission expires
Termaunion and Rclease ofEasement
Page 6 of
"DRAFT"
Exhibit "A"
Legal Description of Property
Folio Number: 02-3226-001-0460
Lots 7, 9 and 11, less the Northern 10 feet for right of way, and the northern 25 feet of Lots 10
and 12, Block 2, Amended Map of The Ocean Front Property of the Miami Beach Improvement
Company, according to the map or plat thereof, as recorded in Plat Book 5, Page 7, Public
Records of Miami -Dade County. Florida.
Termination and Release of Easement
Pezge 7 of
"DRAFT"
Exhibit "B"
Recorded Easement
s, ft8e_ _32 ..._D
Parcel I r, LCz2j 2,O1jj 14611 _
QAwo ,mby Cwxc,AV,00.
Non-exclusive EASEMENT
Th,s Mivumam Preparwl by
Name. NayAga (,q
Cu. Name C'rv. Uj ami O ,,b
Address_t9ld—Qy C ➢.
_.0. w
inimwmiliUInimilli
C-FN 200a RCS31S7S1
OR 5k 21250 Pas 0620 - 626; 17Vasi
RECORDED 05/15/2003 09:22:33
DEED DOC TAX 0.60
SURTAX CA5
NARVEY RUVIN, CLERK OF COURT
MIAMI-OADE COUNTY, FLORIDA
The undersigned, City of Miami Beach, Flenda (Gramor), in consideration of the
payment of S WAR and other good and valuable consideration, the adequacy and
receipt of which is hereby acknowledged, grant and give to Florida Power &
Light Company, its licenscea, agents, suucessocs, and assigns (Grantee), a Ilffi
gxc uadys easement forever for the construction, operation and maintenance of
oveFkeud-and underground oieemic utility facilities, a transformer pad and vault (including wim, polino-gi rs, cables,
conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to,
enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement JD4
feet in width described as follows:
See attached Exhibit "A" for Miami Reach Regional Library
Together with the right to permit any other person, firm or corporation to Aaaah %vars6 Ht any fasoilinas Twifeural, and lay
cable and conduit within the easement oniv for ¢anryZjgQE rE gpU t_on purposes: the right of
ingress and egress to said easement at all times; the nght to clear the land and keep it cleared of all bacs, undergrowth
and other obstructions within the easement area; iu trim and cut and keep trimmed and cut all dead, weak, leaning or
dangerous trees or limbs outside the casement area which might interfere with or fall upon the lines or systems of
cammaxteatwasser power transmission or distribution; and further grants, to the fullest extent the undcrogru:d has the
power to grant, if at all, the rights herein above granted on the land heretofore described.'rbis easement area will revert
m the grantor and all rights discontinued when its use ,s not required for the /mAumdqdFqjr9qPerry.
1N WITNESS WHFREOF, the oraiersigned has signed a ad seated He. ounce *DAVID
FACH/GRANTOR
Signed, scaled and delivered
in the presence of: fly:a4lamaidsms, signamrc)PrintERMER
Wimcss Signature) —
�. n lkint Address- i'lo0 G t-on r' r Dr
Prim Name ✓� ,Y Miami 9e8ch nL 3�1�e
(WI C5a
City Clerk's{sigme-o)
x SigaaNre} ROVED AS'i.'Qrt Name: Roos r P�ysj1,�
FORM&LANGUAGE
Print NameL CL{%"�by-h [ry7&FORMCUTI�rAdcre.: 1700 convent can etr. nr
(Corporate Seal)
S'I IE OF r AND COUNTY OF gjM4 _ (i IL&_ The foregoing mans mcnt was
acknowledged ^� ff
before me this, C."+ day of D✓QN{X.(" 20 07=, by „ a.(�d t F1P1� and
Oi» T p , respectively the Mayor and City Clerk of the City of Miami Beach,
a Elecidtl__. comarmanyva unicipality, on behalf of said municipality ee,peretiea, who air eersonally known to me or have
produced asi takeanoath
Myiammission Expires: LILLUN fiEAUCHAMP
NOTANY I'VDLICSIATE OF Fi,ORmA Publ ^� of q
COMMISION NO. W10928a " b-" - �'so
FAWORKlBALLiVOKtk:A p' print Name(, �/_, pgaAe6o--3,
Book21250/Page620 Page 1 of 7
\ ;— « c
l2zk@ !ze &aor2LZ� m
�
§
§
(
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§
EXHIBIT "2"
"D"FT"
Work Request No. UNDERGROUND EASEMENT
(BUSINESS)
Sec.34, Two 63, Rge 42 E Th. Inslmmant Prepared 31
Parcel LD.o2-322&901-0460 Name: G' T s EEL
(Maintainep by county Appraiser) Co. Name: City or Miami Beech, Ronda
Andrew'. 1700 Cprtventbn Canter br
Miami Beach, Florida 33139
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its
affiliates, licensees, agents, successors, and assigns ("FPL'), a non-
exclusive easement forever for the construction, operation and maintenance
of underground electric utility facilities (including cables, conduits,
appurtenant equipment, and appurtenant above ground equipment) to be
installed from time to time; with the right to reconstruct, improve, add to,
Peel change the voltage as well as the size of, and remove such facilities
or any of them within an easement described as follows:
See Exhibit "A" ("Easement Area")
Together with the right to permit FPL to attach or place wires m or within any facilities hereunder and lay cable and conduit
within the Easement Area and to operate the same for FPL's communications purposes in connection with electric service; the
right of ingress and egress to the Easement Area at all times; the riggght to clear the tend and keep it cleared of all trees,
undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead,
weak, leaning or dangerous Imes or limbs outside of the Easement Area, which might interfere with or fall upon the lines or
systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has
the power to grant, if at all, the rights heremabove granted on the Easement Area, over, along, under and across the roads,
streets or highways adjoining or through said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20_
Signed, sealed and delivered in the presence of:
CiN of M'am' Beach
' , esa'3T4'na ure
Print Name:
i ess igna ure
Print Name'
(Wine.)
Print Ahkiii
BY
Print Name:
Print Title:
Print Address
STATE OF FLORIDA AND COUNTY OF MIAMI-DARE. The foregoing instrument was acknowledged before me by ( 1
physical presence or ( ] on-line notarization, this y day of 20_, by
, the _ of the City of Miami Beach, who is
personally known to me or has produced _ as identification, and who did (did not) take an oath.
(Type of Mari
My Commisskin Expires:
"Draft"
Non -Exclusive Underground Easement (Business) - 02-3226-001-0460
Signed, witnessed, executed and acknowledged on this _day of
2024.
GROUND LESSEE:
WITNESSES: CFC-MB I, LLC, an Arizona limited liability
company
BY: COMMUNITY FINANCE
Individual Signature CORPORATION, an Arizona nonprofit
corporation, its sole member
Print Name
Individual Signature
Print Name
STATE OF
SS:
COUNTYOF
Individual Signature
Print Name
The foregoing instrument was acknowledged before me by means of (j physical presence
or [ j online notarization, this _ day of,_, 2024 by
as of COMMUNITY FINANCE CORPORATION, an Arizona
nonprofit corporation, as sole member of CFC-MB I LLC, an Arizona limited liability company,
who is personally known to me or produced as Identification and did not take an
oath
Notary:
[NOTARIAL SEAL] Print Name:
NOTARY PUBLIC, STATE OF _
My commission expires
E
SHEET 1 OF 2
N ytM
j y 4
w a
w
z
n 4m
S MENT
LO ATION
z
rr
ti
's+sr J
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� 20yH SY
IVA SIT t
3 8nm
1
BTH
LOCATION MAP
N.T.S.
LEGAL DESCRIPTION: (10' FLORIDA POWER & LIGHT COMPANY EASEMENT)
A PORTION OF LOTS 7, 8, 9 AND 11, BLOCK 2, ACCORDING TO THE PLAT OF "AMENDED MAP OF THE OCEAN FRONT
PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANYT AS RECORDED IN PLAT BOOK 5 AT PACE 7 OF THE
PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 11; THENCE ALONG THE WEST LINE OF SAID LOT 11, SOUTH
19'2n 55" WEST 100.00 FEET TO POINT OF BEGINNING;
THENCE SOUTH 7705'35" EAST 147.00 FEET; THENCE SOUTH IT54'25" WEST 10,00 FEET; THENCE NORTH 7905135-
WEST 12.58 FEET; THENCE SOUTH 19-54.25" WEST 40C FEET; THENCE SOUTH 70'0535" EAST 6,25 FEET: THENCE
SOUTH 19'54'25" WEST 11,83 FEET: THENCE NORTH 7005'35" WEST 16.25 FEET: THENCE NORTH 19'54'25" EAST
15.83 FEET; THENCE NORTH 70'05'35- WEST 124,42 i'EET; THENCE ALONG SAID WEST LINE OF LOT 11 NORTH
19'5425" EAST 10,00 FEET TO THE POINT OF BEGINNING,
SAID LANDS SITUATE, LYING AND BEING IN CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA AND CONTAINING
1702 SQUARE FEET (0.039 ACRES) MORE OR LESS.
SHEET 2 OF 2 FOR SKETCH SKETCH & DESCRIPTION RFPfl6
LCITYOP MIAMI8µp WpPP oy��<m�m.em ? tS t F �SrN.msOXWrwM.Y Po+ f T �F No,5 au wY aF uur 2m+ .�n.
♦ ?SKr; �P �R. '
REWSE EASEMENT LP MR MILLER
se,m rmxa. an.�.: na u.
9i$44 7= N, 9M
ORNN BYE SE tl¢GSU BF: AN xw+-t IiI M99.�
SHEET 2 OF
GRAPHIC SCALE
0 25 50 100
IN FEET )
1 INCH - 50 FEET
NW CORNER LOT 11
I / P.B. 5. PC. 7, D.C,R, N. LINE OF BLOCK 2
\.\}
;:1f
W. LINE K'3rrySTR T �hg LOT
40r„ LOr "
S. PoGHT—OF—WAOF—WAY
PR JNFfNOfD d LINE 23rE ST. \
P.O.B. B fRry Q'gNMAP to}
ry.t IMP JNf NJ
JM/ LO}S
rvlp. `
2S' 0 351Y
/
I
N7O05
E. RIGHT-0 —WAY LINE 12.58'
OF LIBE AVENUE Si 9'S+'2:
11.83'
N79'S4'25�E
toY y 15.83' S7105'351
SURVEYOR'S NOTE:
BEARINGS ARE BASED ON THE FLORIDA
STATE PLANE COORDINATE SYSTEM,
FI,ORIDA EAST ZONE, TRANSVERSE
MERCATOR PROJECTION, NORTH AMERICAN
DATUM OF 1983. ADJUSTMENT OF 1990,
(NAD 83/90).
A BEARING OF SOUTH 70' 05' 35" EAST
HAS BEEN ESTABLISHED ALONG THE NORTH
LINE OF BLOCK 2.
ABBIt"ATIONS,
PG.
— PAGE
P.B.
— PLAT BOOK
D.C.R.
— DADE COUNTY RECORDS
P.O.C.
— POINT OF COMMENCEMENT
P.O.B.
— POINT OF BEGINNING
q
— CENTERLINE
MILLEVO LEGG
soul no-m ww. me x..,r... wn
n.r.ruu,wmxvree>x+
es..as,aoo rww.xeeu
.....�+wow.
to, ,o N70'05'35'W 6.2
f 16.25'
co> a
vl�_vAi , .yw. ,' ,
EXHIBIT "T'
"DRAFT"
Work Request No. UNDERGROUND EASEMENT
(BUSINESS)
Sec.34, Twig 53, Rge 42 E This inswmeni Preparea By
Parcel LD,02-3226-001-04fi0 Name: Gisela Tones
Eya
(Ma,leretl by County Appmlaerj .''isms Cry of Miami Basch. Florda
Address. 17W Convention Center Dr
Miami Beach, Honda 33139
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its
affiliates, licensees, agents, successors, and assigns CFPL"), a non-
exclusive easement forever for the construction, operation and maintenance
of undergromid electric utility facilities (including cables, conduits,
appurtenant equipment, and appurtenant above ground equipment) to be
installed from time to time; with the right to reconstruct, improve, add to,
enlarge, change the voltage as well as the size of, and remove such facilities
or any of them within an easement described as follows:
See Exhibit "A" ("Easement Area")
to permit FPL to attach or place wires to or within any facilities hereunder and lay cable and conduit
as and to operate the same for FPL's communications purposes in connection with electric service; the
ress to the Easement Area at all times; the rigght to clear the land and keep it cleared of all trees,
obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead,
emus trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or
lions or power transmission or distribution; and further grants, to the fullest extent the undersigned has
I all. the Tanta hereinabove Granted on the Easement Area, over, along, under and across the roads,
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on
Signed, sealed and delivered in the presence of:
City of Miami Beach
—" ness gna ure By.
Print Name:
Print Nam:
Print Title:
Print Address:
-" l ness 9na ure
Print Name'. _
(wines)
PHnt Addmas: —
STATE OF FLORIDA AND COUNTY OF MIAMI-DADE, The foregoing instrument was acknowledged before me by [ I
physical presence or [ I on-line notarization, this day of 20_, by
the of the City of Miami Beach, who is
personally known to me or has produced as identification, and who did (did not) take an oath.
(Type of identiflcat un)
My Commission Expbes:
"Draft"
Nan -Exclusive Underground Easement (Business) - 02-3226-001.0460
Signed, witnessed, executed and acknowledged on this __ day of
2024.
-• F
WITNESSES: CFC-MB I, LLC, an Arizona limited liability
company
Individual Signature
Print Name
Address:
Signature
Print Name
STATE OF
SS:
COUNTY OF
BY: COMMUNITY FINANCE
CORPORATION, an Arizona nonprofit
corporation, its sole member
Individual Signature
Print Name
The foregoing instrument was acknowledged before me by means of [ 1 physical presence
or [ ] online notarization, this _,, day of , 2024 by _
as of COMMUNITY FINANCE CORPORATION, an Arizona
nonprofit corporation, as sole member of CFC-MB I LLC, an Arizona limited liability company,
who is personally known to me or produced as identification and did not take an
oath
Notary: _
[NOTARIAL SEAL] Print Name:,
NOTARY PUBLIC, STATE OF
My commission expires.
2
TOMNSHIP53S—RANGE 42E—SECTHIN 27
LOCATION MAP
N.T.S.
LEGAL DESCRIPTION'. (FLORIDA POWER & LIGHT COMPANY EASEMENT)
A PORTION OF LOTS Y AND 9, BLOCK 2, OF 'AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY'. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 7 OF THE
PUBLIC RECORDS OF MIAMI-OADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT II OF SAID BLOCK 2; THENCE ALONG THE WEST LINE OF SAID LOT
11, SOUTH 19'24'55" WEST 10.00 FEET; THENCE ALONG SOUTH RIGHT-OF-WAY LINE OF 23re STREET ALSO BEING A
LINE 10,00 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF SAID BLOCK 2, SOUTH 7705'35" EAST 94,72
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID SOUTH FIGHT -OF -WAY LINE, SOUTH 70'05'j5"
EAST 10.00 FEET; THENCE SOUTH 19"54'17' WEST 76.56 FEET; THENCE. NORTH 70'05'43" WEST 38.41 FEET; THENCE
NORTH 19'54'11" EAST 20.45 FEET; THENCE SOUTH 70'05'43" EAST 24, 13 FEET; THENCE SOUTH 19'54'17, WEST
10.45 FEET; THENCE SOUTH 7005'43" EAST 4.29 FEET; THENCE NORTH IT54'17" EAST 66,56 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SRVATE, LYING, AND BEND IN THE CITY OF WAMi_BEACH, MiAMi-OADE COUNTY, FLOROA AND
CONTAINING 1302 SQUARE FEET (0.030 ACRES) MORE OR LESS,
SEE SHEET 2 OF 2 FOR SKETCH SKETCH
RT61E0 TO:
CITY OF MIAMI
MartlnP
Roul
MILLER
ftEV1EtOM5 SVNfMtleMq'13t
BY' MR
AD,
B .
P.B RNfR
3 PO � 0iCR �31
ry f OF
i8g5/STo-0s:J5° P,
QB
h `W. LINE LOT
,N 11
S70'05'43"Ehf f $• Rt
24.13' .9if fp `yP LMf 73 r�0F,
=I Id ST WAY
10. S195
10.4
N19$20.45' A.�"euLrj f 00 OF Top"y�fNOf
40T 71 ¢% 3yV Jf LOT % "4CN"I' OF
oi iyNo
S P.B. SCOUP
S70'05'43"E G'
4.29'
L0r 5
iYq-oF W4I` /
f LINf OF
Lor /7
SURVEYOR'S NOTE: Lot l0
BEARINGS ARE BASED ON THE FLORIDA
STATE PLANE COORDINATE SYSTEM,
FLORIDA EAST ZONE, TRANSVERSE
MERCATOR PROJECTION, NORTH AMERICAN
DATUM OF 1983, ADJUSTMENT OF 1990.
(NAD 83/90),
A BEARING OF SOUTH 70' OS 35' EAST
HAS BEEN ESTABLISHED ALONG THE NORTH
LINE OF BLOCK 2.
ABBREVIATIONS:
PG.
— PAGE
P.B.
— PLAT BOOK
D.C.R.
— DADE COUNTY RECORDS
P.O.C.
— POINT OF COMMENCEMENT
P.O.B.
— POINT OF BEGINNING
EE
— CENTERLINE
MILLERLEGG
EeR.PorW Ctitt.6NiNNgw1 Wi
f r.6"'BrgY. iknA yNi A61
M�+n�Yv muJYptw
brNp�.m
LOr e
0 m 40
SCALE
I MCH . W FM