Resolution 2025-33826 RESOLUTION NO. 202533826
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE, IN THE FORM ATTACHED TO
THIS RESOLUTION AS EXHIBIT "A", AN UNDERGROUND PERPETUAL
UTILITY EASEMENT, BY AND BETWEEN THE CITY (GRANTEE) AND BAY
HOLDINGS, LLC (GRANTOR), FOR USE BY THE CITY OF AN EASEMENT
AREA ON A PORTION OF THE PROPERTY LOCATED AT 2345 LAKE AVENUE,
LYING ALONG THE WESTERLY 5 FEET OF LOT 1, BLOCK 3, OF "SUNSET
LAKE EXTENSION", ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 40, PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, CONTAINING APPROXIMATELY 1000 SQUARE FEET
(EASEMENTAREA),TO CONSTRUCT, OPERATE, MAINTAIN,AND UPGRADE
WATER, SANITARY SEWER, AND STORM SEWER UNDERGROUND UTILITY
INFRASTRUCTURES WITHIN THE EASEMENTAREA.
WHEREAS, Bai Holdings, LLC, a Delaware limited liability company ("Grantor'), is the
owner of the property located at 2345 Lake Avenue, Miami Beach, within the City's municipal
jurisdiction; and
WHEREAS, the City has a five (5)foot wide easement located along the west side of Lot
1, Block 3, of ihe Plat of SUNSET LAKE EXTENSION, recorded in Plat Book 40, at Page 23, of
the Public Records of Miami-Dade County, Florida (the "Platted EasemenP')which grants the City
the right to install storm sewers and drains infrastructure within the Platted Easement; and
WHEREAS, the City is in need of installing new water and sanitary sewer infrastructure
within the Platted Easement; however, the language in the Platted Easement does not specifically
reference the category of sanitary sewer or water; and
WHEREAS, the Grantor has agreed to convey to the City a separate perpetual, non-
exclusive utility easement, within the same area as the Platted Easement, which includes water
and sanitary sewer utilities as well as the categories of utilities referenced in the Platted
Easement; and
WHEREAS, the City Manager recommends that the Mayor and City Commission approve
and authorize the execution of the underground, non-exclusive Perpetual Utility Easement
Agreement, in the form attached to this ResoWtion as Exhibit"A", so that the City may exewte its
water and sanitary sewer infrastructure project.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITYOF MIAMI BEACH,FLORIDA,thatthe Mayor and City Commission
hereby, approve and authorize the City Manager and City Clerk to execute, in the form attached
to this Resolution as Exhibii"A", an underground Perpetual Utility Easement, by and between the
City (Grantee) and Bay Holdings, LLC (Grantor), for use by the City of an easement area on a
portion of the property located at 2345 lake avenue, lying along the westerly 5 feet of Lot 1, Block
3, of "Sunset Lake Extension", according to the Plat thereof, as recorded in Plat Book 40, Page
23, of the Public Records of Miami-Dade County, Florida, containing approximately 1000 square
feet (Easement Area), to construct, operate, maintain, and upgrade water, sanitary sewer, and
storm sewer underground utility infrastructures within the EasementArea.
PASSED and ADOPTED this 7� day of �U I�'�/ 2025.
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ATTEST: G��/ ,,�-
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/ I�I�. � F 202F Steven Meiner, Mayor
Rafael E. Granado, City Clerk ��e�,,,
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APPROVED AS TO
FORM & LANGUAGE
R EXECUTION
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Ciry itomey ' Dote
EXHIBIT "A"
This instrument prepared by/Return to:
Name: Ricardo J. Dopico, City Attorney
Address: Office af the City Attorney
1700 Convention Center Drive, 4°M1 Floor
Miami Beach, Florida 33139
Folio No. 023227-010-0140
(Space reserved for Clerk)
PERPETUAL UTILITY EASEMENT AGREEMENT
THIS GRANT OF A PERPETUAL UTILITY EASEMENT AGREEMENT (the"AgreemenY')
is made this_day of 20_("Effective Date"), between BAI HOLDINGS, LLC,
a Delaware limited liabiliry company, as owner and grantor (hereinafter called "Grantor") and its
successors and assigns and the qTY OP MIAMI BEACH, FLORIDA, a municipal corporetion of
the State of Florida (hereinafter called the "City" or"Grantee"), and its successors and assigns.
WITNESSETH:
WHEREAS, Grantor is the owner of that certain improved real property located within the
City's municipal jurisdiction, with a street address of 2345 Lake Avenue, Miami Beach, Florida
33140-4539, and more particularly described in EXHIBIT "A", attached hereto and made a part
hereof(the "Grantor's Property'); and
WHEREAS, the City has a five (5)foot wide platted easement located along the west side
of Lot 1, Block 3, of the Plat of SUNSET LAKE EXTENSION, recorded in Plat Book 40, at Page
23, of the Public Records of Miami-Dade County, Florida Qhe "Platted EasemenY') which grants
the City the right to install s[orm sewers and drains Infrestructure within the Platted Easement; and
WHEREAS, the City is in need of installing new water and sanitary sewer infrastructure
within the Platted Easement Area; however, the language in the Platted Easement does not
specifically reference the category of sanitary sewer or water, and Grantor has agreed to convey
to the City a separete perpetual Easement (as defned in Section 2 below), which includes water
and sanitary sewer utilities as well as the categories of utilities referenced in the Platted Easement.
NOW THEREPORE, for and in consideration of ten and no/100 dollars ($10.00) and other
good and valuable consideration, the receipt ofwhich is acknowledged,the parties hereby mutually
covenant and agree as follows:
1
GRANT OFEASEMENT
1. Recitals. The above recitals are true and correct and are hereby incorporated into
this Agreement.
2. Consideration and Description. the Grantor,for and in consideration of the City's
Utility Infrastructure, and other good and valuable consideration, the receipt and suffciency of
which are hereby acknowledged, hereby grants to the Grantee, a perpetual non-excWsive
easement (the "Easemen[") on, over, and under a portion of Grantor's Property, as such property
is more specifically described and delineated in EXHIBIT "B," attached hereto and made a part
hereof(the "Easement Area")to access, construct, operate, maintain, and upgrade water, sanitary
sewer, and storm sewer underground utility infrastructures within the Easement Area (collectively,
the"City's Utility Infrastructure"), togetherwith the right of ingress, egress and regress on, over and
through Grantor's Property for access to the Easement Area.
3. Uses.
3.1 The Grantee shall use the Easement and the Easement Area during the Term
provided herein for the express purposes provided in Section 2 hereof, which will include, without
limitation, use of the Easement Area to perform work in connection with the cons[ruction,
installation, operation, maintenance, and repair of the City's Utility Infrastructure. Grantee may
utilize the Easement Area withoul Grantor's prior written approval at any time or times.
3.2 The Grantor shall have the right to full use and enjoyment of Grantor's Property,
except for such use as may interfere with the exercise by the Grantee of the rights granted under
this Agreement. Grantor shall be prohibited from obstructing Grantee's access to, or use of, the
Easement Area. Grantor shall not construct, or permit to be constructed, any structure or
improvement, or othervvise encroach on or over the Easement Area.
4. Inspection. It is hereby agreed that any City offcial has the right, during normal
business hours, to enter and investigate the use of the Grantor's Property to verify compliance with
the conditions of this Agreement and the requirements of the City's Building, Public Works, Zoning
and Land Development Regulations.
5. Term. The Easement and rights granted herein shall be perpetual and shall be
possessed and enjoyed by the Grantee, its successors and assigns for the purposes stated herein,
unless modifed or released with the approval and act of the City Commission.
6. Maintenance. At all times during [he Term, the City's Ulility Infrastructure shall
remain property of the Grantee and Grantee, at its sole cost and expense, shall maintain the City's
Utility Infrestructure and shall make all repairs as deemed necessary by Grantee, in its reasonable
discretion; provided, however, that Grantor shall be responsible for reimbursing Grantee for any
damage caused by Grantor, its officers, employees, contractors, agents and invitees. In the event
the City is required to access the City's Utility Infrestructure pursuant to this Agreement, the City
shall not be liable for the replacement of decorative features, such as, without limitation, pavers,
lighting, or landscape (other than sod/grass) to existing conditions. At the City's option, Grantor
shall be responsible for removing decorative features prior to work being performed by the City.
7. Notices. All notices, requests, consen[s and other communicationsrequired
or permitted under this Agreement shall be in writing and shall be(as elected by the person giving
such notice) hand-delivered by messenger or courier service; or mailed (airmail, if international)
2
by registered or certified mail (postage prepaid), retum receipt requested; or sent by any form of
overnight mail service, addressed to:
AS TO GRANTOR: BAI Holdings, LLC
2345 Lake Avenue
Miami Beach, Florida 33140
AS TO GRANTEE: City of Miami Beach, Florida
1700 Cornention Center Drive, 4`" Floor
Miami Beach, FL 33139
Attention: City Manager
WITH COPIES TO: City of Miami Beach, Florida
1700 Convention Center Drive, 4'" Floor
Miami Beach, FL 33139
Attention: CityAttomey
or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal
delivery; (ii) on the date upon which the retum receipt is signed or delivery is refused or the notice
is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (iii)
on the day after mailing by any form of ovemight mail service.
8. Miscellaneous Terms and Conditions
8.1 Sovereian Immunitv. Nothing contained herein shall be construed as a waiver of
Grantee's Right of sovereign immunity.
82 Construction. For purposes of construction by a Court, the parties hereto
acknowledge that both parties hereto participated in the draRing of this document.
8.3 City's Governmental Capacitv/No Waiver of Citv Police Powers. Grantor confirms
that it has full power and authority to grant this Easement. Nothing in this Agreement or in the
parties' acts or omissions in connection herewith shall be deemed in any manner to waive,
impair, limit, or otherv✓ise affect the authority of the Grantee in the discharge of its police or
governmental powers.
8.4 Remedies. An action to enforce the terms and conditions of this Agreement may
be brought by the Grantee and may be, at law or in equity, against any party or person violating or
attempting to violate any provision of this Agreement or provisions of the Building Code, City Code,
Zoning or Land Development Regulations, either to restrain violations or to recover damages.
8.5 Successors and Assiqns. This Agreement shall be binding upon, and inure to the
benefit of, Grantor and Grantee and their respective successors and assigns.
8.6 Entire AoreemenT Modifications. This Agreement sets forth the entire agreement
between the parties specifcally relating to the subject matter of the Easement granted hereby and
there are no other agreements or understandings between them relating to Grantee's use of the
Easement Area. This Agreement may not be modified, released or terminated, except by
agreement in writing executed by the parties hereto or their respective successors and/or assigns,
3
and in the case of Grantee, approved by the Mayor and City Commission of the City of Miami
Beach.
8.7 Governina Law/Waiver of Jury Trial. This Agreement shall be governed by, and
construed in accordance with, lhe laws of the State of Florida, both substantive and remedial,
without regard to principles of conflict of laws. CITY AND OWNER HEREBY KNOWINGLY AND
INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING
THAT THE CITY AND OWNER MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER
WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS DECLARATION.
8.8 Grantor Reoresentations. Grantor covenants, warrants and represents (i) that
Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant
the perpetual Easement granted herein, and (ii)there are no lienholders on the Grantor's Property.
8.9 Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Agreement are
appurtenant to Grantor's Property.
8.10 Recordinq. This Agreement shall be recorded in the Public Records of Miami-Dade
County, Florida by Grantee at the cost of Grantee.
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever, and
Grantor will defend the title to Grantor's Property against the lawful claims of all persons
whomsoever.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
4
IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in
its name on the day and year frst above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
BAI HOLDINGS, LLC, a Delaware
Signature limited liability company
By:
Name:
Print Name
Title:
Address:
Address
Signature
Print Name
Address
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The forgoing instrument was acknowledged before me by means of _ physical
presence or _ online notarization [his day of , 20_, by
, as Authorized Signatory of BAI HOLDINGS, LLC, a Delaware limited
liability company, on behalf of said corporation, who is personally known to me or produced
as identification.
Print Name:
Notary Public State of Florida
My Commission Expires: [NOTARIAL SEAL]
5
IN WITNESS WHEREOF, the Grantee herein has caused these presents to be
executed in its name on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
CITY OF MIAMI BEACH, FLORIDA, a
Signature municipal corporation of the State of
Florida
Print Name By:
Name: Eric T. Caroenter
Address: 1700 Convention Center Title: Citv Manaqer
Drive, Miami Beach, FL 33139 Address: 1700 Convention Center Dr.
Miami Beach, Florida 33139
ATTEST:
Signature
Signature
Print Name
Rafael E. Granado. Citv Clerk
Address: 1700 Convention Center Print Name
Drive, Miami Beach, FL 33139
Address: 1700 Convention Center Dr.
Miami Beach, Florida 33139
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The forgoing instrument was acknowledged before me by means of _ physical
presence or online notarization this _ day of , 2025, by Eric T. Carpenter, as
City Manager, and Rafael E. Granado, as City Clerk, of the CITY OF MIAMI BEACH, FLORIDA,
a municipal corporation of the State of Florida, on behalf of said municipal corporation, who is
personally known to me or produced as identification.
Print Name:
Notary Public State of Florida
My Commission Expires: [NOTARIAL SEAL]
6
Exhibit"A"
Grantor's Property
LOT 1, BLOCK 3, OF SUNSET LAKE EXTENSION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 40, AT PAGE 23, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
7
Exhibit "B"
Easement Area
(Sketch and Accompanying Legal Description)
8
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Mortgagee Joinderand Consent
to
Perpetual Utility Easement Agreement
JPMorgan Chase Bank, N.A., a national bank organized and existing under the laws
of the United States of America ("Mortgagee"), as owner and holder of that certain Mortgage, by
and between BAI Holdings, LLC, a Delaware limited liability company ("Mortgagor') and
Mortgagee, recorded on December 29, 2020, in Official Records Book 32259, at Page 4477, of the
Public Records of Miami-Dade County, Florida, in the original principal amount of $8,125,000.00
(the "Mortgage"), hereby joins in and consents to the granting of thls Perpe[ual Utility Easement
Agreement (the "AgreemenY') in favor of the City of Miami Beach, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, all in accordance with the terms and
conditions set forth in this Agreement. Mortgagee agrees to subordinate its Mortgage lien to the
Agreement and further agrees that in the event MoRgagee or any other party shall obtain title to
the Grantor's Property through foreclosure or deed-in-lieu of foreclosure, the Agreement shall be
binding upon the entity obtaining title as the then owner of Grantor's Property.
Witnesses JPMorgan Chase Bank, N.A.
By: BY:
Print Name: Print Name:
Title:
Address: Address:
By:
Print Name:
Address:
State of
Caunty of
The foregoing instrument was acknowledged before me by means of( ) physical
presence or O online notarization on this day of , 20_by
as on behalf of JPMorgan Chase
Bank, N.A., on behalf of said company. He or she is ( ) personally known to me or, ( )
produced a drivers license as identifcation.
Notary Public— State of
Print Name;
My Commission Expires:
9
Mortgagee Joinder and Consent
to
Perpetual Utility Easement Agreement
Alpha Bravo Real Estate Holdings, LLC, a Nevada limited liability company, as to an
undivided $2,000,000.00/$3,000,000.00 interest; RM Enterprises LLC, a California limited liability
company, as to an undivided $600,000.00/$3,000,000.00 interest; Sitlani Holdings LLC, a
Califomia limited liability company, as to an undivided $300,000.00/$3,000,000.00 interest; and
SW Lender Services, LLC, a California limited liability company as to an undivided
$100,000.00/$3,000,000.00 interest, as mortgagees ("Collectively, "Mortgagee"), as owner and
holder of that certain Mortgage, Assignment of Leases and Rents, Fixture Filing, and Security
Agreement; Request for Notice, by and behveen BAI Holdings, LLC, a Delaware limited liability
company ("Mortgagor') and Mortgagee, recorded on June 13, 2024, in Official Records Book
34272, at Page 3445, of the Public Records of Miami-Dade County, Florida, in the original principal
amount of $3,000,000.00 (the "Mortgage"), hereby joins in and consents to the granting of this
Perpetual Utility Easement Agreement (the "Agreement") in favor of the City of Miami Beach,
Florida, a municipal corporation organized and existing under the laws of the State of Florida, all
in accordance with the terms and conditions set forth in this Agreement. Mortgagee agrees to
subordinate its lien interest in the Mortgage to the Agreement and further agrees that in the event
Mortgagee or any other party shall obtain fitle to the Grantor's Property through foreclosure or
deed-in-lieu of foreclosure, the Agreement shall be binding upon the entity obtaining title as the
then owner of Grantor's Property.
Witnesses Alpha Bravo Real Estate Holdings, LLC, a Nevada
limited liability company
By: By:
Print Name: Print Name:
Title:
Address: Address:
By:
Print Name:
Address:
State of
County of
The foregoing instrument was acknowledged before me by means of ( ) physical
presence or ( ) online notarization on this day of , 20 by
as on behalf of Alpha Bravo Real
Estate Holdings, LLC, a Nevada limited liability company, on behalf of said company. He or she is
( ) personally known to me or, ( ) produced a driver's license as
identification.
Notary Public— State of
Print Name;
My Commission Expires:
10
Witnesses RM Enterprises LLC, a Califomia limited liability
company
By: By:
Print Name: Print Name:
Title:
Address: Address:
By:
Print Name:
Address:
State of
County of
The foregoing instrument was acknowledged before me by means of ( ) physical
presence or ( ) online notarization on this day of , 20 by
as on behalf of RM Enterprises
LLC, a California limited liability company, on behalf of said company. He or she is ( ) personally
known to me or, ( ) produced a drivers license as identification.
Notary Public—State of
Print Name;
My Commission Expires:
11
Witnesses Sitlani Holdings LLC, a Califomia limited liability
company
By: By:
Print Name: Print Name:
Title:
Address: Address:
By:
Print Name:
Address:
State of
County of
The foregoing instrument was acknowledged before me by means of ( ) physical
presence or ( ) online notarization on this day of , 20 by
as on behalf of Sitlani Holdings
LLC, a Califomia limited liability company, on behalf of said company. He or she is O personally
known to me or, ( ) produced a driver's license as identifcation.
Notary Public— State of
Print Name;
My Commission Expires:
12
Witnesses SW Lender Services, LLC, a California limited liability
company
By: BY:
Print Name: Print Name:
Title:
Address: Address:
By:
Print Name:
Address:
State of
County of
The foregoing instrument was acknowledged before me by means of( ) physical
presence or( ) online notarization on this day of , 20_by
as on behalf of SW Lender
Services, LLC, a California limited liability company, on behalf of said company. He or she is ( )
personalty known to me or, ( ) produced a driver's license as identifcation.
Notary Public—State of
Print Name;
My Commission Expires:
F:Attotorg/Public Works/FormsNtility Easement Template 12424
13
Resolutions •C7 S
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of Ihe City Commission
FROM: Eric Carpenter, City Manager
DATE: July 23, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE, IN THE FORM ATTACHED TO THIS
RESOLUTION AS EXHIBIT "A", AN UNDERGROUND PERPETUAL UTILITY
EASEMENT, BY AND BETWEEN THE CITY (GRANTEE) AND BAY HOLDINGS,
LLC (GRANTOR), FOR USE BY THE CITY OF AN EASEMENT AREA ON A
PORTION OF THE PROPERTY LOCATED AT 2345 LAKE AVENUE, LYING
ALONG THE WESTFRLY 5 FEET OF LOT 1, BLOCK 3, OF "SUNSET LAKE
EXTENSION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 40, PAGE 23, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, CONTAINING APPROXIMATELY 1000 SQUARE FEET (EASEMENT
AREA), TO CONSTRUCT, OPERATE, MAINTAIN, AND UPGRADE WATER,
SANITARY SEWER, AND STORM SEWER UNDERGROUND UTILITY
INFRASTRUCTURES WITHIN THE EASEMENT AREA.
RECOMMENDATION
The Adminisiration recommends approving the Resolution.
BACKGROUNDIHISTORY
BAY HOLDINGS, LLC, a Delaware limited liabiliry company ("Grantor'), is the owner of the
property bcated at 2345 Lake Avenue, Miami Beach, within the City's municipal jurisdiction.
The City has a fve (5) foot wide easement loca[ed along the west side of Lot 1, Block 3, of the
Plat of SUNSET LAKE EXTENSION, recorded in Plat Book 40, at Page 23, of the Public Records
of Miami-Dade County, Florida (the "Platted EasemenP')which granls the City the right to install
storm sewers and drains infrastructure within the Platted Easemenl.
The City is in need of installing new water and sanitary sewer infrastructure within the Platted
Easemenk however, the language in the Platted Easement does not specifically reference the
category ot water and sanitary sewec The Grantor has agreed to convey to the City a separate
perpetual, non-exclusive utility easement,which includes water and sanitary sewer utilities as well
as the categories of utilities referenced in the Platted Easement.
FISCAL IMPACT STATEMENT
No fiscal impact
Does this Ordinance reauire a Business Imoact Estimate?
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE) was published on:
See BIE at: https llwww miamibeachfl qovlcity-halllcitv-clerk/meetina-noticesl
789 of 1791
CONCLUSION
The City Manager recommends that the Mayor and Ciry Commission approve and aulhorize the
execution of the Perpetual Utility Easement Agreement, in lhe form attached to the Resolution as
Exhibit"A", so that the City may ezecute its waler and sanitary sewer infrestructure project.
Apolicable Area
Soulh Beach
Is this a "Residents Rinht to Know" item, Is this item related to a G.O. Bond
oursuant to CiN Code Section 2-777 Proiect?
Yes No
Was this A enda Item initiall re uested b a lobb ist which as defined in Code Sec. 2d81
includes a orincioal enaaaed in lobbvina? No
If so, specify the name of lobbyist(s) and principal(s):
Deoartment
Public Works
Soonsor(sl
Co-sponsor(s)
Condensed Tille
Execute Easement, 2345 Lake Avenue. PW
Previous Action 1For Citv Clerk Use Onlvl
790 of 1791