Loading...
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 I-, (zoz_+ 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 %5 "l, Or.+,;u lv _ -- nu: ,l4_ Tap I1 i ky'e 1 _ r' Pe.crl t b r 2;)p4t1,1 nu D FASEMENI ➢u tnn�emm�t Pupoi d p. AeA.Pw 1n n 1., -ill ..r t ] ir r - M... c Um :. 2. ea n, MI AIIHII M111 1164111MIJIIM CFN 2003RO315781. DL DP 20I50 Pas l6Tu - 61.r Jnas) rva CD50ED ,aster z�sa DEED DDC TAX D,oO 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 Stgncd, xatcd and ddi. crcd rtr iilL gl[f5cpe: Of._. f 9 OyOZ ` 3{¢w6arbiµ+i S.giYli➢K) Punt in, CRUIU DLBMFR (W erne=s tiignamtc) %) L � Pnnns idds. '' •. ;5 c-��D � ^V lit e'+T l'. Pn.Sama /Lfi+t� Y F. PS -ail swat^to >—�? , ; 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 � § § ( \ ) § 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 +� U � 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