Termination and Release of Recorded Easement by and among the CMB and North Beach Town Center Development, LLC and Miami Beach Town Center Development, LLC �C521- 3t $ ��
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. 02-3211-002-0860; 02-3211-002-0850; 02-3211-002-0930; and a portion of Folio No.
02-3211-002-1050
TERMINATION AND RELEASE OF A RECORDED EASEMENT
AND
THE CITY'S RIGHT TO ACCESS, OPERATE AND MAINTAIN UTILITIES WITHIN CERTAIN
PORTIONS OF A PLATTED EASEMENT
THIS TERMINATION AND RELEASE OF A RECORDED EASEMENT AND THE CITY'S RIGHT
TO ACCESS, OPERATE AND MAINTAIN UTILITIES WITHIN CERTAIN PORTIONS OF A
PLATTED EASEMENT ("Agreement") is made and entered into as of the Z�'�day of
�14V�'��F� , 2025, 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") and NORTH BEACH TOWN CENTER DEVELOPMENT, LLC, a Delaware
limited liability company, formerly known as OLIVEIRA PLAZA ASSOCIATES, LLC, a Delaware
limited liability company, located at 20533 Biscayne Boulevard, Suite 372, Miami, FL 33180
("NBTC DevelopmenY') and MIAMI BEACH TOWN CENTER JV, LLC, a Delaware limited
liability company, located at 20533 Biscayne Boulevard, Suite 372, Miami, FL 33180 ("MBTC JV")
(NBTC Development and MBTC JV may be collectively referred to herein as the "Owner").
WHEREAS, NBTC Development and MBTC JV are wholly owned subsidiaries of PSC
Oliveira, LLC, a Nevada limited liability company; and NBTC Development and MBTC JV are
both managed and controlled by Pacific Star Capital, LLC, a Nevada limited liability company;
and
WHEREAS, NBTC Development owns the property located at 6985 Abbott Avenue, Miami
Beach, Florida 33141, identified by Miami-Dade County Folio No. 02-3211-002-0860; (the"NBTC
Development Block 12 Property") and more particularly described as:
Lots 2, 3, 4, 5, and 16 of Block 12, of the Plat of NORMANDY BEACH SOUTH,
according to the Plat thereof, as recorded in Plat Book 21, at Page 54,
of the Public Records of Miami-Dade County, Florida
WHEREAS, MBTC JV owns the properties located at 326 715i Street, Miami Beach,
Florida 33141, identified by Miami-Dade County Folio No. 02-3211-002-0850; and 300 71St Street,
Miami Beach, Florida 33141, identified by Miami-Dade County Folio No. 02-3211-002-0930
(collectively, the MBTC JV Block 12 Property") and more particularly described as:
Lots 1, 17, and 18 of Block 12, of the Plat of NORMANDY BEACH SOUTH,8
according to the Plat thereof, as recorded in Plat Book 21, at Page 54,
of the Public Records of Miami-Dade County, Florida
1
Termr�n�ation and Release ofEasement
WHEREAS, NBTC Development also owns the following portion of property located at
6972 Abbott Avenue, Miami Beach, Florida 33141, identified as part of Miami-Dade County
Folio No. 02-3211-002-1050 (the "NBTC Development Block 13 Property") and more
particularly described as:
Lots 3, 4, 5, 7, 8, 9, and 10, of Block 13, of the Plat of NORMANDY BEACH SOUTH,
according to the Plat thereof, as recorded in Plat Book 21, at Page 54, of the Public
Records of Miami-Dade County, Florida
WHEREAS, Lots 3 and 16 of the NBTC Development Block 12 Property is encumbered by
that certain 10-foot easement running East/West, along the southerly 10 feet of lots 3 and 16, of
Block 12, of the Plat of Normandy Beach South, recorded in Plat Book 21, at Page 54, of the
Public Records of Miami-Dade County, Florida (the "Easement Encumbered Block 12 Property"),
relating to a City utility easement, memorialized in the Grants of Easements recorded in O.R.
Book 6386, at Pages 438, 440, and 443 of the Public Records of Miami-Dade County in favor of
the City (collectively, "City's Private Easement"), a copy of which are incorporated herein by
reference and attached hereto as part of Composite Exhibit "A"; and
WHEREAS, the foregoing described NBTC Development Block 12 Property, MBTC JV
Block 12 Property, and NBTC Development Block 13 Property (collectively the "Properties") are
encumbered by a 5-foot reservation easement, as noted on the Plat of Normandy Beach South,
recorded in Plat Book 21, Page 54 of the Public Records of Miami-Dade County, which notes that a
strip of land 5 feet wide is reserved in the rear of each lot(collectively the"City's Platted Reservation
Easement"); and
WHEREAS, in connection with the development of multistory mixed-use projects at the
Properties (the "Developments"), NBTC Development, who owned the Properties at the time,
requested that the City release the City's Private Easement and release the City's right to access,
operate, and maintain utilities within the portion of the City's Platted Reservation Easement
located along the Properties; and
WHEREAS, on October 13, 2021, the Mayor and City Commission adopted Resolution No.
2021-31889, recorded in Official Records Book 32870, Page 4548, of the Public Records of Miami-
Dade County, Florida; said Resolution approving and authorizing the City Manager and City Clerk to
execute this Agreement, terminating and releasing the City's Private Easement, and releasing the
City's right to access, operate, and maintain utilities within the section of the City's Platted
Reservation Easement located along the rear of the Properties, subject to the City approving the
relocation site and the type of new utility facility infrastructure, and provided that NBTC
Development would not commence development-related construction until NBTC Development
completed the utility relocation work in connection with the Developments; and
WHEREAS, NBTC Development has completed all such preconditions of the approval.
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the City
agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. The City's Private Easement, consisting of a 10-foot easement running
East/West, along the southerly 10 feet of lots 3 and 16, of Block 12, according to the Plat of
Normandy Beach South, recorded in Plat Book 21, at Page 54, of the Public Records of Miami-
2
Termination and Release of Easement
Dade County, Florida (the "Plat")and recorded in Official Records Book 6386, at Pages 438, 440,
and 443 of the Public Records of Miami-Dade County, is hereby fully canceled, terminated,
extinguished and released and shall have no further force or effect and shall no longer bind the
Easement Encumbered Block 12 Property described herein.
3. Owner and the City hereby direct the Clerk of the Court, Miami-Dade County,
Florida to cancel the City's Private Easement of record.
4. Pursuant to City Resolution No. 2021-31889, the City hereby releases its right to
access, operate, and maintain utilities within the portion of the City's 5-foot Platted Reservation
Easement, located along the rear of the Properties, which include Lots 1, 2, 3, 4, 5, 16 , 17 and 18
of Block 12, according to the Plat; and Lots 3, 4, 5, 7, 8, 9, and 10, of Block 13 according to the Plat.
[Signatures on following Pages]
3
Termination and Release ofEasement
Signed, witnessed, executed and acknowledged on this �day of ` "�U p `�'���
>
2025.
ATTEST: CITY OF MIAMI BEACH, FLORIDA:
t � � `—'�
Rafae E. Granado, City Clerk Eric T. Carpent , P.E., City Manager
Address: 1700 Convention Center Drive Address: 1700 onvention Center Drive
Miami Beach, Florida 33139 Miami Beach, Florida 33139
' �� _ „
•�,�e�!1c..y�',�.
ignatur .��'�����.
KEILA MENA 's '.IkCORP�O��;� /s
,'�� �� :'`:
,y'� .,�....•;�-
Print Name `���,�4�H-2� �
��„� ;�
Address: 1700 Convention Center Drive """
Miami Beach, Florida 33139
.,;y, 4
Date: '�� ' �- •°
STATE OF I 1�� ,�y )
) SS:
COUNTYOF ��G�i- �ti�z )
The foregoing instrument was acknowledged before me by means of(] physical presence
or [ ] online notarization, this .�/ day of ��Pwrdr✓ , 2025 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 Na e: L�/�� C4r �' 0
NOTARY PUBLIC, STATE OF F/Or�' 4
....
My commission expires f�.�7-,�'od6
:'i?s�'r��=. LILIACARDILLO
`*� *' MY COMMISSION�HH 259458
+' �0�� EXPIRES:August 27,2026
:rf oP.
•.OI P�,,.
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
r �� �� la
4 ,j�, CityAttorney Date
%`��
7e��ynfnation a�nd Release ofEasement
WITNESSES: NORTH BEACH TOWN CENTER
DEVELOPMENT, LLC, a Delaware limited liability
company, formerly known as OLIVEIRA PLAZA
ASSOCIATES, LLC, a Delaware limited liability
company
Signature Individual Signa ure
e� �d�'� ��.r� l�c'�'�� r
Pri t ame Print Name
Address: I�E�J. �� � Address: rS� V{l $L. ��2
C�t-� GtIP, F� 3' 9
Date: / , . 2 O 2�
Signature
L-�!'/�o� /(/iCvlc,J ��f/
Print Name
Address:�/d j�Gr-�j �.
��/ P>�r!-�._s, �C. �;r cr v
Date:_ 1/. Zv. 2v 2 s�
STATE OF �I _ )
� ) SS:
COUNTY OF I �G,[1 — /✓�1-DC )
The foregoing instrument was acknowledqed before me by eans of �hysical presence
or ( ] online notarization, this �'� day of _ 1/ 2025 by
/'I�t�f�IQ�I-�3/ , as N of NORTH BEACH
TOW CENTER DEVELOPMENT, LLC, a Delaware limited liability company, formerly known as
OLIVEIRA PLAZA ASSOCIATES, LLC, a Delaware limited liability company, who is qersonallv
known to me or produced as identification and did not take an oath.
Notary:
[NOTARIAL SEAL] Print Name: �.,��.,. /�„z
�- � NOTARY PUBLIC, STA'�E OF �/o.,��
, My commission expires ,��26/�p.'��
- Notary Public Stata ol Florida �
Anthony Ruiz
���� My Commitsion MH 5089tt
Expires 3/26/2028
5
T'ermination and Release ofEasement
�
�
I
i WITNESSES: MIAMI BEACH TOWN CENTER
; JV, LLC, a Delaware limited liability company
2
Signature Individual ig ature
O a- �Dou��'� �-Ql�- 1�t�/f���
pri Name Print Name
Address: /��5��• � �OI"' Address: 2�`7 33 l K� � �3�2
Q� , �3C7F�4
Date: �Z�
S� natur
L6r�1 /�iCv�aJ �ZR/
Print Name
Address: S/a�grdGv �vc..
�-<I G4►.G_,.-�c. 3s �y,c
Date: ,/ Zd, 2�Z_t�
STATEOF � )
COUNTY OF � ��� SS:
The foregoing instrument was acknowled�yed before me by means of �hysical presence
or [ ]� ,pnli� no�_ar��io , th� i�� day f N�I 2025 by
� / l�t�� / as of MIAMI BEACH TOWN
CENTER JV, LLC, a Delaware limited liability company, who is personallv known to me or
produced as identification and did not take an oath.� —
Notary: __ �
[NOTARIAL SEAL] Print Name: �tf«,. /2,,.;L
•�-.,. NOTARY PUBLIC, STATE OF Ffon'o�
- - — My commission expires 3f26/1oz�c
Notary Publlc State of Flor{da
Anthony Rui2
���� My Commission HN SOQ614
Expires 3/26/2o�s
6
Termination and Release of Easement
COMPOSITE EXHIBIT "A"
CITY'S PRIVATE EASEMENT
7
;,��.�/;J�.1.,,._'l�l�
GRAPIT OF EASEM£Nf
TFtiS INi?ENTURE, sandc [hie / `�day of-7)Yt �e'�, 1969,
betwcen EtTPiICE NOVAGK KI.ADIK, joined by her husbnnd� GEORC£ JIRI
HLADIK, as owners nnd leaaars of Lot 16, IIlock 22, h`ORMANDY BE/tCFI
SOUTiI, according ta the plat thereo£, recorded in Plnt liook 2I,
ut puy,e 54, oE the Publfc Records of Dade County, Florfdn, per[ies
�
� of thc first part, a�d CITY QF MIAMI BEACN, a �'lorida municipul
corporntion, party of thc second pnrt;
W I T N E S 5 E T H :
THAT thc said pnrtics of the first purt, for and in
considcra[ion of the sum of Onc Dollar ($1.00) nnd othrr �ood nnd
valuaUlc considcrntians in ho�d pnid by the snid pnrty of [he
second part, ehe receipt w�tiereof is hcreby acknowledgcd, do hereby
�ive and grnnt unen the purty of thc second purt, i[s successors
and ussif;ns, the perpeCuu! ri�h[ and cusement to a strip of Land
ten (10) feet wide, for thc usc of wire lines, pipelines, poles,
sewers, water mains, e[c. , in the following described purcel of
�, land situaCe in the City of pifumi. Bench, County of Dade nnd State
; of Floridn, to-�rit;
• i
Deginning at the southeast corner of
Lot 16, Block 12, NQRMANDY BEACF{ SOUTH,
run westerly a distance of 124.92 feet
to [he southwesr corner of Lot 16,
� IIlack 12, NORMAt3DY BEACH SOU'TH; Chence
� run northerly u distance of ten (10)
� fcet along the westerly line of Lot 16,
' IIlock 12, tdpRMANDY IIEACH SOIITH; thencc
run eusterly t� distnn�e of 124.92 feet [o
n point on the eaeterly line of Lot 16,
Block 12� NORMANDX BEACR SOUTH; thencc
run southcrly a diarance of ten (10)
feet ta the point of beginning, ull
�;nao�n knssc►v�rz nccording to Che Plat thereof recorded
""�""`•'"° in Plut Book 21, at page 54, of the
couw�tww rr u�
publ.ic Records of Dnde County, Florida;
cm wnoew�, �
urt[�v��w• .
a�rur ruwu�rrRr�. �
■IAM1. ft011tD1 ff1)0
- 1 -
. � _ �
, - �� ' ,
.:;�r . . � � .
- - . , � _ .
rn 1,p� N.�enw�w�www.
' )rt.t'V�7W Mf�� 4M�' " 'r��o�m�e�i�
ti.N . .
. ` 4A��—ac��G��
T�0 HAVE AND TO HOLD tho eacoe cogethnr vith a21 and eingular
thc appurtenancna thoraunto bolonging o� in any�rl.so ippertaining,
and all thc ast�te, righ[, tftln, iien; intereat and ciaim whetao-
evcr of thc said partica o£ the fizat part, either in Iuw or in
equity, to the only praper use, benefit nnd behoof of thc pnrty of
the second pnrt, fts succesaors and assigna £orever.
, IK GIITNESS WE{EREOF, the snid pt►rtieB of the firet purt have
set ttieir Y►nnds and seals thc day nnd ycar abovc writ[eR. .
Signed, scnled and delivcred - - �,
itt the presence of: �i':-�:_„ - . • ' /- , •.,.��SEAE.
- Eunice Novack Hlc►dik
._�-/����f.i._,-
— ,� „ ---r
fi (� �` � �r
Cs L, Q �u.e t-c-! _ �
' As to Eunice Novnck H2adik „ — r�o��.�
and George Jiri iiladik i/.t� ! �i / �„� � SEAL
Gcor i Hludik
� `
STA'TE Oi' FIARTDA, � �
§
- COUNTY OP DADE. )
I, thc undersigned officer duly aurhorized to tnke and
� -
'� certif}' acknowledgmen[s in said Stute and County, HEREBI CERTII�Y
that before me came EUI�'ICE A'OVACK }iLADZK and G�ORC£• JIRI EiLADIK,
� her husband; that they are the individunls described in and who
i executed thc fore�;oin� GiiAIdT OF EA5EMEhT; that snid Grant wns
I
� si�;ned, sealcd and dciivercd by said individuals in the presencc
ot two subscribing wi[nesses purs�sunt to iaw; and that the same
� arc the free acts and deeds of snid EUNIC� NOVACK NLr1DIK and
�
k CEdRC1: JIRI Etl.(IDIK.
I
y IJITNESS my signature nnd official senl at Minmi , in
� Che County of I)adc and 5tate of Floridu, this � duy of
.�''�•�:.. .
') �c���, 19G9. ,,�G- ,..
�snnoin Kr.ss�tivirz � =.r .' !�.
t _r� � i-. rti �
"`�""`•""" ' My commission expires: ` L. . -.,-�,.!�' �-
`���•"�""`J`w „ .';,;"`,' Not ry Public 5tnte n���F bfida
<�„,.,..o,.� . �
.,».,�,��.,a . . . . � at I�.arge. �''
.,.�...�„o«....�., (SEAL) � _�,
YUMI. IIOnIDA �71]O � ...
- 2 -
- •ri:�=:;:��s•::.-. ,
i;i��3�SD �af��4U
� GRItNT OF E3ISEMENT
THIS Zt1DENTURE made thta 'Y"��" day of Februaty
1969 betwecrt CTTY DUITIOIdAL HANK OF MIAMI BG71CN, a corporation
existing under the laws of the United States of 1�merica, party
of thc first part, and the CITY OF MI11MI HFJ�CH, a Florida
municipal corporation, pnrty of thc �econd part.
W I T N E S S E T fi :
That thc �aid party of thc first part, for and in
consideration of thc sum of One Dollar ($L.00) anc3 other gooci
�nd valuable conciderations, in hnnd paid by thc said party
of the secnnd part, the receipt whereof is hcreby acknowledged,
aocs hereby qivc and yrant unto the party of the second part,
its successors and assigns and grantecs, thc perpetual .right
an� easement to a strip of land ten (10) fect wide, for the
usc oE wirc lines, pipelines, pole�, sewers, water mains, etc. ,
in Chc following described parccl of land situatc in thc City
of Miami 13cach, County o£ Dode and Statc of llorida, to wit:
IIcginning al Chc southeast corncr of
Lot 16, H 1 ock 12, hORMl�Ni3Y 8E71CH S OUTFi,
run westezly a distancc of 244,B5 feet to thc
southwest corner of Lot 3, Hlock 12,
NOJtMI�NbY F3EACH SOUTA, thence run northerly�
a distance of ten (10) fcet to a point on
the wesi:crly line of Lot 3, E31ock 12,
NOftM1�NDY t3EACIi SOUTli: thence run easterly
a distance of 244.£35 feet to a point on
the ea6terly line of Lot 1G, illo�k 22,
NORMAh'DY pF.ACH SOU'FH; thence run southerly
a distance of ten (10) feet to the poinC of
beginning, accorflinq to the Plat thereof
recorded in Piat IIook 21 at page 54 of the
Public Rccords of Dade County, Florida;
TO FIA�IE AND TO IiOLD the same together with all anc3
singular the appurtenancea thereunto belanging or in anywise
appertaining, and all thc esCate, right, title, lien, interest
and claim what�ocvcr of the said party of the first part, either
in law or in equity, to the only proper use, benefit and behoof
of the party of the �econd part, its successors and assigns
forever.
-1-
oma o�cm �rtouar—n�o w�smaoTox�man-..Nmun w�pi,noem� �a�» 1
e��i'�`�7U °af E�41
�.L l V
IN S+'ITNISS �vrHEREOF, thc said party of thc firat part
has caused thesc preacntu to be aigned in its name by it3
President, and its corporate �eal to be affixed, atte�ted by
it. Cn$hier , thc day and ycar above written.
5igned, aeaZcd and delivered
iri the presence .of: CITY NATIO1dAL II11N1C OF MINtI DG11CF{
-��(1 � � �' � `
, - �---- —
�� -^ , �,
.., { l�.�i � /
, \��.� '�.i �tl ��.� � 1 +. .
. �,y ;�� � c ��
•• - � u Presiacnt
.. ►
" �� ... .... ;
At�Q,cYt� . �
� •
r �
. ��i��� �Pl..t :.r
ST71'1'E OF FLORIDAI
SS:
�Oil�:'1'1' OF D.".DE 1
i, thc undersiqned oPficcr duZy �uthorized ta t.�k�
ancl c�.�rt_ify .ick�iowlr.dgments of deeds in �aid Statc a�ld Coun:�',
hez•cl�}� �erti.fy that before m^ camc Gerald A. Kcller
,,,�1 Robert f3ritcher , as presiden� ��nd cushier
of thc CI'iY NATIOtiAI, l3RNK OF MIAh1I T�I:�1C1?,
� cor}�aration undcr thc laws of the United State� of Am<�rica,
:hat said persons so appearing before me arc thc individual�
ar,;i t=he of:iccrs �forenamed of said corporation descriUe<i in
�:�d wiio exeeutcd the forcgoing deed; and tha� then and thcrc
said individu�ls as said officers acknowledged beforc mc Ch.�t �
thc seal affi�:ecl to saic� deed i:: the corporatc �:eal of =aid
corpor3tion, that thcir names officially arc by them re,pcctivel}�
subscr.ii�ed thereto, that said deed was signed, sealed and delivered
l>y :.zicl corfloration in the preaence of two suliscribing wi:nesses
-2-
OAICE Oi CIR' A770[HET-11�0 WASNINOiON AYFHUE-M1AMf NA[H, iiOfICA »U•
�<<; fi��6 ��.�Q42
pursuant to law, and tti�t the samc i� the frcc act and decd of
::aid corporation. 9 '
'�yITl:FS5 my signaturc and official seal at Miami Rcach,
in tltc Count.y o£ Dadc and Statc of Florid�, this :�:�� -�day of
Februar�',--- --, 1�G9.
�• [i �.; ; �./t (r �f t c � tl � (S£J�t)
Notory Public, 5tnte vE Floridet' ar LarAe
My concnission expires:
QOT�Cy P9ouc. s��n n� �;�..;► �t ��iE
MY COMM�s5�0� �� � ���
.e�oao t«�o�'.. .,,i .. .
Sute vi Fkcida.Core�ol D�da.
Thq it�mmrot�s1 fikd far teto►d tht ��ai of` `-'�
L9G9 aLa-�—J�.ud dod� trtarded i� QfF1GAI. RfCORDS
Baof�L Jt/�oe Pi�a_YyaF�l� �R �9J
[4.tutnpdwM
a.n ow�t�n
—3— �' .0
ORICF OF CI�Y ATTO�H[��11�0 WASNIHOTON AV�Mfl.—lAIAMI l�AQ1, ROttDA 7717f ,
`:`' f`��fi :,�.:a�3
GRA2sI' OF EASEMENT
THTS INDENTURE mndc thi:, 1 i�~ day of FebT'ttnry
1969, Uetwcen NORTH SHORE KDLDING COMPANY, INC., a corporation
existinq undcr thc laws of thc Stato of Florida, as
Lcsscc of Lot 16, Dlock 12, NOr't�U1NDY [3E11CH SOUTH, acrording �o
the Plxt thereof, recorded in Plat E3ook 2Z at page SA of thc
Public Rccords of Dade �ounty, Florida, parcy of thc first
part, �nd CITY OP MI71MI D£ACF{, a I'iorida muniCipal Carporation,
i»rty of the :.econd part.
'�} I 'I' ;: G S S E 'I' f� .
That �hc said party� of thc first part, for and in
conr.it3cr,�tion of thc sum of Onc Dollar (S 1.00) and other c�ood
znci •.�alu�t�lc co��ider�tions, in ha��c' psid b;> thc :;�id UJL"C)' Of
thc se,en�� part, the rec�zipt wharcof is hereby acknowlc�lgca,
io�_�� 'i��rcb}• �7iti�c and qrant unto thc part}� of thc �ccond par�,
ii•; .�+,iccrrsur:- ,��i�i assiqn;, the perpctu.�l rig}tt ar,.l u�semer;L !-c,
�� .-�ri}? of l��tia ten (10) feet wi�3e, for the u�c of ��irc l in�,�-,
;i.���l i����:;, polcs, s,e:,�er�, w�ter maiiis, etc_, in the follo�..�i:��r
..,rerib�d �,�arcel ef l�t:d situate in t?�e Cit�• of ^liami Feaci�,
����.�r,�.�,� uf i�adv in:3 State of Florida, to wi� :
3eain:,.ing at the southeast corncr of
Lot 16, I3ioc}; 12, hORMJ�ti'DY F3Ei+CFi SOUI'ff,
r�.in westerly a distance of 24A.85 fee'_
to the south�.,e�t corner of I�ot 3, IIloch 1,,
`20Fv^Ll^dDY D�71ClI 50uTIi; thence run northerl�•
r� <3i_:tance of tcn (10) feet '�o � poi��. on
thc westcrly line of Lot 3, 131ock 1?„
::OF�SAi�TDY DI;ACii SOliTH; thence run easterly
a c?i�tance o£ 244.85 feet tc a point on
Chc castcrlr linc of i.ot 16, I�Locs 12,
c:�izMr1:1DY 13EACH SOJ'I'3�; thencc run southerly
a distance of ten (20) feet to the point of
beginning, according to the P1aC thereof
recorded in Plat �3ook 21 at paac 54 of the
P��blic Records of t)ade County, i'lorida;
'I'O I�11VE AND TO fIOLD lhc same toqether with �11 and
�in�ul�ir the apnurtenances thcreunl•o belonging or i.n anywise
nl�i�c�rtai.ning, �nd al2 thc estat:e, right, tiLle, lien, in�cres•�
-1-
0►FICE Q► tIT7 ATfORNET—IT70 WASHINO70H AViNUl--MIAMI lEACH, f101liDA 73179
� : ' �`;?Sr; , !�11 .
�n�3 �:�lnim •.oii.�t�:ocvcr of thc said party of thc first parC, ci :.hrr
Ln tiw or in cquity, to thc only proper u�c, bencfit an;3 L�choof
�,i t_hc ,>.�rt�. of thc �:econd p�rt, it� ^uCces^or= and ��:�ir7n�
ir.r •�.,,r.
I•d '.�I't'::I:SS '.,IiCREOF. �hc s�i:] part; of thr fi�r.c p.1r�
?i,,• -:i�.,.�:,,._i � 1��,:-c prc.senc�, to bc siqnc�:i in its na:^c, },•r it
i'. .�i�lc•:�t , in�, i;.. -c�:,�oralc .;e�l r.�� Lc ,i:Ci>:e.', zt.,c: .- _i , .
�' . SCCreCII6 thc d,i;• Znu ��i�rir ��hc7�•r .;ri� � �",.
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Si�ned, SCIIled And dc- ��nF2TH Sfif)t.i' 110'..h7':G ��.��?f'i�';1', ?':,',
livered in the pzesence of:
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Attest'.,
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ticcretary
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a�c�:
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I, t hr. .a���!��r::iqn��ci o:i i,-c r .iu i�.� .�u�t:ur i zr.i � �� ..,i'�.,
i�i i _ i f , :i.''�:n4.:1�.��1�7r�mr,:�t:: in s�l�i 5t..a�� ��;u? �o�..�n;�•, h��rct,..
�•r�. i i ��,;tit :,..fur.:� r.<<� ccjme _ RoberC I3ritcher,Yresident, ,r-..i
Gerald A. l:cile�, SecreCarY, — of :h�� ;c_�t?7•�� S13r�RL' ilc)L')I':c;
�'r�`?i'��':':', 1',�. . ,� 1'4oricl�� cornoratio:i, '.h_�t _:aid p<�rson� t:o
��,.,,.:�rin�; Lc�fc,r,� mc ;�rc t}tc ir.dividu�l�. t�nci th�� off i�-c�r�;
:x1c�i-c�i,�:nc_? �.�( :.:�i�i ci,rpor.itioi� dc:cril>eci iti �nd who c:;ccuti�;i
;li�� 1"uc�,-��:c.�inrr yrr�nt ef ciscment : a��d th�t thi�n anu thera � .ii�l
inclivie3uril�; �r, :::�id of£iccrr: ,icknowLeciqed befDrC mC thal thc
� �•.tl nf f i>:�d lo ::nid yr�nt of ca:,ement is the cocpor:�tc se�l
of r•�ici ;�or}wr�tLon, th�t thcir names officially zre b� Ch�m
r��r,n��r_!-ivc•1�,� �ul�:-cril�ed Lhcreto, that said grant was sigT�ed,
:,cr�led r��sd dcliv��red by ,aid corporation in the presence o:`
-2-
OfiICE QT Cfii' ATTOtNFY—INO WAfNINOTOfl AKNUl--MUMI {UCH, ROfIpA �71]•
�;i.c 63�i t a�t 445
=�ubscribing witnesses pursuant to law, and that the same is: the
Free act and dced of said corporation.
WITNESS ;ny signature and officiil se�l at Miami
ir� the County of Dadc and St�tc of Florida, this �J`�d�y op
FeUruary _ _, 1469.
1
___L_�' �. :7:t �..� }�,<. �l ;fsYnr.�
notury Public, Sta[e of Floritia -�t,��Fgc.
Pty cornnis���:f'�.Pir!4z�,?��,, � ,
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OFIICf Ot CITY ATIOtNFY—I1�0 WASHINOTON AV[HUE—MIAMI lEACH, fIORIDA �Y1�9
� MiAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
PUBLIC WORKS DEPARTMENT
Tei:305-673-7080, Fax:305 673-7028
ROUTING COVER LETTER
DATE:11/20/2025 SUBJECT: Termination and release of
easement
FROM: Public Works ROW DEPARTMENT: Public Works
CONTACT: Aaron Osborne Ext: 6110
Ro tin : ,jo�-�• NdNK � �Wp
Da � artinez, Assistant City Manager
Eric T. Carpenter, City Manager
Description:
Termination and release of easement for North Beach Town Center (6985 Abott Ave), per
approved resolution No.2021-31889.
�✓e are committed to providing excellent public service and safety to all who live,work,and play in our vibrant, fropical,
historic community.
i
RESOLUTION NO. 2021-31889
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE A TERMINATION AND RELEASE AGREEMENT
RELATING TO A 10-FOOT CITY UTILITY EASEMENT RUNNING
EASTNVEST, ALONG THE SOUTHERLY 10 FEET OF LOTS 3 AND 16, OF
BLOCK 12, OF THE PLAT OF NORMANDY BEACH SOUTH,AS RECORDED IN
PLAT BOOK 21,AT PAGE 54(PLAT); SAID 10 FOOT EASEMENT RECORDED
IN O.R. BOOK 6386,AT PAGES 438,440 AND 443, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY;AND RELEASING THE CITY'S RIGHT TO ACCESS,
OPERATE AND MAINTAIN UTILITIE5 WITHIN A 5 FOOT RESERVATION
EASEMENT, AS NOTED ON SAID PLAT (NOTE: A STRIP OF LAND 5-FEET
WIDE IS RESERVED IN THE REAR OF EACH LOT), LYING WITHIN LOTS 1-5
AND LOTS 16-18, OF BLOCK 12; AND LOTS 3-5 AND LOTS 7-10, OF BLOCK
13, ACCORDING TO SAID PLAT; SAID RELEASES BENEFITING NORTH
BEACH TOWN CENTER DEVELOPMENT, LLC, OWNER OF THE BURDENED
PROPERTIES, LOCATED AT 300 71 ST STREET,326 71 ST STREET,6985,6961,
6948, 6956,6964, 6972, 6988 ABBOTT AVENUE,AND 6972 HARDING AVENUE
("DEVELOPER'S PROPERTIES"), IN CONNECTION WITH THE DEVELOPMENT
OF THE DEVELOPER'S PROPERTIES INTO A MULTISTORY MIXED-USE
PROJECT, INCLUDING RESIDENTIAL,PARKING GARAGE AND RETAIL USES
(THE "DEVELOPMENT"), SUBJECT TO THE CITY APPROVING THE
RELOCATION SITE AND THE TYPE OF NEW UTILITY FACILITY
fNFRASTRUCTURE, AND PROVIDED THAT DEVELOPER WILL NOT
� COMMENCE DEVELOPMENT-RELATED CONSTRUCTION UNTIL THE
DEVELOPER COMPLETES THE UTILITY RELOCATION WORK REQUIRED BY
THE CITY FOR THE DEVELOPER'S PROPERTIES AND OTHER ADJOINING
IMPACTED PROPERTIES;AND FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE THE REPLACEMENT EASEMENT AGREEMENTS, IN THE FORM
ACCEPTABLE TO THE CITY ATTORNEY.
WHEREAS North Beach Town Center Development, LLC, as successor in interest to
Oliveira Piaza Associates, LLC ("Developer"), is the owner of the properties located at 300 71 st
Street, 326 71 st Street, 6985, 6961, 6948, 6956, 6964, 6972, 6988 Abbott Avenue, and 6972
Harding Avenue (the "Developer's Properties"); and
WHEREAS, the Developer intends to construct a multistory mixed-use project, including
residential, parking garage and retail uses(the"Development")on the Developer's Properties;and
WHEREAS, the Develope�s application for the Development has been approved by the
Design Review Board (DRB), via DRB File No. 19-0424; and
WHEREAS, in connection with the work related to the Development, the Developer has
requested that the City release a 10-foot easement running East/West, along the southerly 10 feet
of lots 3 and 16, of Block 12, of the Plat of Norrnandy Beach South, recorded in Plat Book 21, at
Page 54(the"Plat"), relating to a City utility easement, recorded in O.R. Book 6386, at Pages 438,
440, and 443 of the Public Records of Miami-Dade County ("City's Private Easement"); and
WHEREAS, furthermore, the Developer has requested that the City release its rigf�t to
access, operate and maintain utilities within a 5 foot reservation easement, as noted on said Plat
(note: a strip of land 5-feet wide is reserved in the rear of each lot), particularly described as: Lots 1-
5 and Lots 16-18, of Block 12; and Lots 3-5 and Lots 7-10, of Block 13, according to said Plat
("Platted Easement"); and
WHEREAS, the City's Private Easement contains electrical and water facilities and the
Platted Easement contains water facilities; and
WHEREAS, the Developer has requested that the City execute a Termination and Release
Agreement of the City's Private Easement and that the City release its interest in the Platted
Easement, lying within the property limits of the Developer's Properties(collectively,the"Impacted
Easement Areas"), in that, the proposed Development will encompass the Impacted Easement
Areas (the "Developer's RequesY'); and
WHEREAS, Developer has secured letters of "no objection" from utility and
telecommunication companies that service the Developer's Properties and adjoining impacted
properties("Adjoining Impacted Properties"), including Teco Peoples Gas,Atlantic Broadband, FPL,
AT8�T, Crown Castle Fiber; and
WHEREAS, the Adjoining Impacted Properties shall referto the remaining property owners of
Blocks 12 and 13 of the Plat;to wit: Lots 6, 13, 14,and 15 of Block 12, and Lots 1, 2,6,and the•west
50 feet of Lots 1 and 12, of Block 13; and
WHEREAS, in connection with the Developer's Request, Developer, at its sole cost and
expense, shal! be responsible for the removal, relocation, and replacement of the utility facilities
located within the Developer's Properties and Adjoining Impacted Properties, subject to approval,
by the City, of th�new locations and the type of new utility facilities to be installed (the "Utility
Facilities Refocation Project"); and
WHEREAS, since the Impacted Easement Areas also serves the Adjoining Impacted
Properties, Developer has agreed to: (1)construct new utility facilities,as may be requested by the
City, which in the City's discretion, will provide the required functionality and capacity for the
Developer Properties and Adjoining Impacted Properties; (2)secure all required consents or other
legal rights to conduct work on the Adjoining Impacted Properties in connection with the Utility
Facilities ReloCation Project, which will include the relocation of some utility facility components
lying within the Adjoining Impacted Properties including, without limitation, water and/or irrigation
facilities and meters; and (3) not commence the foundation or clearing work on the Developers
Properties until such time as the Developer has completed the Utility Facilities Relocation Project;
and
WHEREAS, Developer shatl also be responsible for payment of any costs associated with
the City's approva{ of the new utility easements including, without limitation, recording fees, title
search fees, and professional services related to the preparation of surveys, opinions of title and
any other additional costs related to the Development approval process.
NOW,THEREFORE, BE lT DULY RESOLVED BY THE MAYORAND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the City Managerto execute a Termination and Release Agreement, relating to a 10-foot
City utility easement running easUwest, along the southerly 10 feet of Lots 3 and 16, of Block 12, of
the Plat of Normandy Beach South, as recorded in Plat Book 21, at Page 54 (Plat); said 10 foot
easement recorded in O.R. Book 6386, at Pages 438,440 and 443,of the Public Records of Miami-
Dade County; and releasing the City's right to access, operate and maintain utilities within a 5 foot
reservation easement,as noted on said Plat(note: a strip of land 5-feet wide is reserved in the rear
of each lot}, lying within Lots 1-5 and Lots 16-18, of Block 12; and lots 3-5 and lots 7-10, of Block
13, according to said Plat; said releases benefiting North Beach Town Center Development, LLC,
owner of the burdened properties, located at 300 71 st Street, 326 71 st Street, 6985, 6961, 6948,
6956, 6964, 6972, 6988 Abbott Avenue, and 6972 Harding Avenue ("Develope�'s Properties"), in
connection with the development of the Developer's Properties into a multistory mixed-use project,
including residential, parking garage and retail uses (the "Development"), subject to the City
approving the relocation site and the type of new utility facility infrastructure, and provided that
Developer will not commence development-related construction until the Developer completes the
utility relocation work required by the City for the Developer's Properties and other Adjoining
Impacted Properties; and further authorize the City Manager to execute the replacement easement
agreements, in the form acceptable to the City Attorney. ;
PASSED and ADOPTED this �3 day of ��+�'OP� , 2021
ATTEST:
OCT 1 5 2011
Raf el E. Granado, City Clerk Dan Gefber, Mayor
,�..e,�,,,,
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_\PtM.....EqQ �,
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% :IR[ORP�RATED; ,
�'-�' � "��'� APPROVED AS TO
.�4�c���`:;�^
'',,,,, H � _- FORM&LANGUAGE
'' 8 FOR LXECUTION
1�—S — Z.}
City Attomey�� Da:e
Resotutions -C7 H
M�AMIBEACH
COMMISSIC�N MEMORANDUM
TO: Honorable Mayor and Members of the Ciiy Commission
FROM: Alina T. Hudak, City Manager
DATE: October 13, 2024
' SUBJECT:A RESOLUTI4N OF THE MAYOR AND ClTY COMMISSION OF THE CITY
OF MfAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITYCLERK TO EXECUTE A TERMINATION AND RELEASE AGREEMENT
RELAT(NG TO A 10-FOOT CITY UTIL(TY EASEMENT RUNNING
EAST/WEST, ALONG THE SOUTHERLY 10 FEET OF LOTS 3 AND 16, OF
BLOCK 12, OF THE PLAT OF NQRMANDY BEACH SOUTH, AS
RECORDED IN PLAT BOOK 21, AT PAGE 54 (PLAT); SAID 10 FOOT
EASEMENT RECORDED IN O.R. BOOK 6386,AT PAGES 438,440 AND 443,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY; AND RELEASING
THE CITY'S RIGHT TO ACCESS, OPERATE AND MAINTAIN UTILITlES
WITHIN A 5 FOOT RESERVATION EASEMENT,AS NOTED ON SAID PLAT
(NOTE:A STRIP OF LAND 5-FEET WfDE IS RESERVED IN THE REAR OF
EACH LOT), LYING WITHIN LOTS 1-5 AND LOTS 16-18, OF BLOCK 12;
AND LOTS 3-5 AND LOTS 7-10, OF BLOCK 13, ACCORDI NG TO SAI D
PLAT; SAID RELEASES BENEFITING NORTH BEACH TOWN CENl'ER
DEVELOPMENT, LLC, OWNER OF THE BURDENED PROPERTIES,
LOCATED AT 300 71ST STREET, 326 71ST STREET, 6985, 6961, 6948,
6956, 6964, 6972, 6988 ABBOTT AVENUE, AND 6972 HARDI NG AVENUE
("DEVELOPER'S PROPERTIES"), IN CONNECTION WITH THE
DEVELOPMENT OF THE DEVELOPER'S PROPERTIES INTO A
MULTISTORY MIXED-USE PROJECT, INCLUDlNG RESIDENTIAL,
PARKING GARAGE AND RETAIL USES (THE "DEVELOPMENT"),
SUBJECT TO THE CITYAPPROVING THE RELOCATlON SITE AND THE
TYPE OF NEW UTILITY FACILlTY INFRASTRUCTURE, AND PROVIDED
THAT DEVELOPER WILL NOT COMMENCE DEVELOPMENT-RELATED
CONSTRUCTION UNTIL THE DEVELOPER COMPLETES THE UTILITY
RELOCATION WORK REQUIRED BY THE CITY FOR THE DEVELOPER'S
PROPERTIES AND OTHER ADJOINING 1MPACTED PROPERTIES; AND
FURTHER AUTHORIZING THE ClTY MANAGER TO EXECUTE THE
REPLACEMENT EASEMENTAGREEMENTS, IN THE FORMACCEPTABLE
TO THE CITYATTORNEY.
� RECOMMENDATION
Page 343 of 1095
The Administration recommends authorizing the City Manager and City Cleric to execute a
Termination and Release Agreement relating to a 10-foot City utility easement running
east/west, along the southeriy 10 feet of Lots 3 and 16, of Block 12, of the Plat of Normandy
Beach South, as recorded in P1at Book 21, at Page 54 (Plat); said 10 foot easement recorcled
in O.R. Book 6386, at Pages 438, 440 and 443, of the Public Records of Miami-Dade County;
and releasing the City's right to access, operate and maintain utilities within a 5 foot r�eserwation
easement, as noted on said Plat(note: a strip of land 5-feet wide is reserved in the rear of each
lot), lying within Lots 1-5 and Lots 16-'t8, of Block 12; and lots 3-5 and lots 7-10, af Block 13,
according to said Plat; said refeases benefiting North Beach Town Center Developme�rt, LLC,
owner of the burdened properties, focated at 300 71 st Street, 326 71 st Street, 6985, 6961,
6948, 6956, 6964, 6972, 6988 Abbott Avenue, and 6972 Harding Avenue, in connection with
the development of the Developer's Propefies into a multistory mixed-use project, including
residential, paiicing garage and retail uses (the"DevelopmenY')* subject to the City approving the
relocation site and the type of new utility facility infrastructure, and provided that Developer wil!
not commence Development reiated construction until the Developer completes the utility
relocation w�ork requined by the City for the Developer's Properties and other adjoining impacted
properties; and further authorizing the Ci1y Manager to execute the replacement easement
agreements, in the foRn acceptable to the City Attomey.
�ACKGROUND/H{STORY
North Beach Town Center Development, LLC, as successor in interest to Oliveira Plaza
Associates, LLC ("Develope►"),is the owner of the properties located at 3Q0 71 st Street, 326
71 st Street, 6985, 6961, 6948, 6956, 6964, 6972, 6988 Abbott Avenue, and 6972 Harding
Avenue (the "Developer's Properties"). The Developer intends to construct a multistory mixed-
use project, including residential, parldng garage and retail uses (the "DevelopmenY') on tl�e
Developer's Properties. The Developer's application for the Development has been approved
by the Design Review Board (DR6), via DRB File No. 19-0424.
I n connection with the work related to the Development, the Developer has requested that the
City release a 10-foot easement narming East/West, afong the southerty 10 feet of lots 3 and 16,
of Block 12, of the Plat of Normandy Beach South, recorcJed in Plat Book 21, at Page 54 (the
"PIaY'), relating to a City�tiiity easement, recorded in O.R. Book 6386, at Pages 438, 440, and
443 of the Public Records of Miami-Dade County("Cit�s Private EasemenY').
Furthermore, the Deve{oper has requested lhat the City release its right to access, operate and
maintain utilities within a 5 foot reservation easement, as noted on said Plat(note: a strip of land
5-feet wide is reserved in the rear of each lot), paficulariy described as: Lots 1-5 and Lots 16-
18, of Block 12; and Lots 3-5 and Lots 7-10, of Block 13, accorcJing to said Plat ("Platted
EasemenY').
The Citys Private Easement contains electrical and water facilities and the Platted Easement
contains water facilities.
The Developer has requested that the City execute a Termination and Release Agreement of
the Cit�ls Private Easement and that the City release its interest in the Platted Easement, lying
within the property limits of the Developer's Properties (collectively, the "Impacted Easement
Areas"), in that, the proposed Development witl encompass the 1 mpacted Easement Areas (the
"Developer's RequesY').
Page 344 of 1095
The Developer has consulted with the Public Worics Department to coordinate the potential
relocation of the e�asting utility facilities, as pa�t of the development permitting process.
Additionaily, the Developer has secured letters of no objection from utility and
telecommunication companies who serve the Developer's Properties and the adjoining
_ impacted properties ("Adjoining Impacted Properties"), including, Teco Peoples Gas, Atlantic
Broadband, FPL,AT&T, Crown Castie Fiber, The Adjoining Impacted Properties shall refer to
the remaining property owners in Blocks 12 and 13 of the Plat; to wit: Lots 13, 14, and 15 of
Block 12, and Lots 1, 2, 6, and the west 50 feet of Lots 1 and 12, of Block 13. Lot 6 of Block
12 is currently in negotiation with the Developer.
I n connection with the Developer's Request, the Developer, at its sole cost and expense, shall
be responsible for the removal, r�elocation, and r�eplacement of the utility faci{ities located within
the Developer's Properties and Adjoining I mpacted Properties, subject to approval, by tfie City,
of the new locations and the type of new utility facilities to be installed (the "Utility Facilities
Relocation ProjecY'). Since the Impacted Easemer�t Areas also serve the Adjoining Impacted
Properties, the Developer has agreed to: (1) construct new utility facilities, as may be
requested by the City, that will provide the required functionality and capacity for the Developer
Properties and Adjoining Impacted Properties; (2) secure all required consents or other legal
rights to conduct w�oric on the Adjoining Impacted Properties in connection with the Utility
Facilities Relocation Project, which wi[I include the relocation of some utility facility components
lying within the Adjoining Impacted Properties including, without limitation, water and/or irtigation
facilfies and meters; and (3) not commence the foundation or clearing worlc on the Developer's
Properties until such time as the Developer has completed the Utility Facilities Relocation
Project. Developer shall also pay for any costs associated with the City's approval of the new
utility easements including, without limitation, recording fees, title search fees, and professional
services related to the preparation of surveys, opinions of title and any other additional costs
related to the Developmertit approval process.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey show that 47% of residents rated perceptions of the
City, related to the Cit� s efforts to plan for growth, as very satisfied or satisfied.
CONCLUSION
The Administration recommends authorizing the City Manager and City Clerk to execute a
Tennination and Release Agreement relating to a 10-foot City utility easement running
east/west, along the southerly 10 feet of Lots 3 and 16, of Block 12, of the Plat of Normandy
Beach South, as recorded in Plat Book 21, at Page 54 (Plat); said 10 foot easement recorcied
in O.R. Book 6386, at Pages 438, 440 and 443, of the Public Records of Miami-Dade County;
and releasing the Citys right to access, operate and maintain utilities within a 5 foot reservation
easement,as noted on said Plat(note: a sVip of land 5-feet wide is reserved in the rear of each
lot), lying within Lots 1-5 and Lots 16-18, of Block 12; and lots 3-5 and lots 7-10, of Block 13,
according to said Plat; said releases benefiting North Beach Town Center Development, LLC,
owner of the burdened properties, located at 300 71 st Street, 326 71 st Street, 6985, 6961,
6948, 6956, 6964, 6972, 6988 Abbott Avenue, and 6972 Harding Avenue, in connection with
the development of the Developer's Properties into a multistory mixed-use project, including
residential, parking garage and retail uses (the"Development"), subject to the City approving the
relocation site and the type of new utility facility infrastructure, and provided that Developer will
not commence Development related construction until the Developer completes the utility
relocation w�oric required by the City for the Deveioper's Properties and other adjoining impacted
Page 345 of 1095
properties; and further authorizing the City Manager to exec�te the replacement easeme�
agr�ements, in the form acceptable to the City Attomey.
Aualicable Area
Middle Beach
ls this a"Residents Riaht Does this item utilize G.O.
to Know" item�,o�rsuant to Bond Funds?
Citv Code Seation 2-14?
Yes No
Strategic Connection
Prosperity- Revitalize targeted areas and increase investment.
Le.gislative Tracking _
Public Works
ATTACHMENTS:
Description
❑ PLAT, Normandy Beach South(PB.21 PG.54)
❑ West Lot FL-ALTA Comrrutment(6-17-06�N 05-02-2020
o Atlanfic BB Letter of No Objection
o ATT Bet Harding Av n Byron Av no objection letter
❑ Crown Castle Letter of No Objection
❑ FPL letter of No Objection
D TECO Peoples Gas Letter of No Objection
0 12-000295-9 Easements EASEMENT PAG.12 updated 10-5-2021
o Developer's Letter of Intent final 10.4.21-2
❑ Resolution
Page 346 of 1095
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••' `""`°� Commitment for Title Insurance
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,� cssueo sr
Com m itment F��American Title I�surance Company
,
Refer inquiries to:
5011612- NCS-901990-A-LA2
FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the ��Company'�, for a valuable consideration,
commits to issue its policy or policies of titie insurance, as identified in Schedule A, in favor of the proposed Insured named in
Schedule A,as owner or mortgagee of the estate or interest in the Land desaibed or referred to in Schedule A, upon payment of the
premiums and charges and compliance with the Requirements; alf subject to the provisions of Schedules A and B and to the
Conditions of this Commitment
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All (iability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the
policy or policies cammitted for shall issue, whichever ftrst oocurs, provided tfiat the failure to issue the policy or policies is not the
fault of the Company.
The Company will provide a sample of the policy form upon rec{uest.
This Commitment shafl not be valid or binding until countersigned by an authorized o�cer of the Company or an agent of the
Company.
IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name to be affixed by its duly authorized
officers on the Effective Date shown in Schedule A.
Firsi American Tide lnsurance Company
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D�nms J Gi�mor�
Presxlent
��� �
Jeflrey,S. Robanson
Secretnry
(This Commitrnent is valid only when SChedules A and B are attached)
Copyright 2006-2009 American Land Title Atsociatio�.All righCs reserved.The use of this form is restricted to ALTA ficensees and ALTA
members in good standing as of tlie date of use.All other uses are prohibited.Reprinted under license from the American Land Titie Association.
Page 348 of 1095
Form 5011612(7-1-14) Page 1 of 12 ALTA Commitrnent(6-17-06)(with Florida modifications)
CONDITIONS
1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect,lien, encumbrance, adverse claim or other matter
affecbng the estate or interest or mortgage thereon c�vered by this Commitrnent other than those shown in Schedufe B hereof,
and shall fail to disclose such knowfedge to the Company in writing,the Company shall be relieved from liability for any loss or
damage resulbng from any act of reliance hereon to tfie extent the Company is prejudiced by failure to so disclose such
knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual
kriowledge of any such defect, lien, encumbrance,adverse ciaim or other matter,the Company at fts option may amend
Schedule B of this Commitment accordingly, but such amendment shali not relieve tt�e Company from(iability previously
incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Cocnmitment shall be only to the named proposed Insured and such parties included under
the definition of Insured in the form of policy or policies committed for and only for aduai loss incurred in reliance hereon in
undertaking in good faith(a)to comply with the requfrements hereof, or(b)to eliminate exceptions shown in Schedule B,or(c)
to acquire or create the estate or interest or mortgage thereon rnvered by tt�is Commitment. In no event shall such fiability
exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the
mndition ot title. Any action or acpons or rights of acdon that the proposed Insured may have or may bring against the
Company whether or not based on negligence arising out of the status of the tide to the estate or interest or the status of the
, mortgage tfiereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
S. The policy to be issued wi{I contain the following arbitration clause: Unless prohibited by applicable law,arbitration pursuant to
the Tide Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by boti�the
Company and the Insured at the time of the controversy or claim. Arbitrable matters may include, but are not fimited to, any
controversy or claim between the Comparty and the Insured arising out of or relating to this policy,any service of the Company
in connection with its issuanoe or the breach of a policy provision or other obligation.Arbitration pursuant to this policy and
under the Ruies in effect on the date the demand for arbitration is made or,at the option of the Insured,the Rules in effect at
Date of Policy shall be binding upon the parties.The award may indude attomeys'fees only if the faws of the stabe in which the
land is located permit a court to award attomeys'fees to a prevailing party. Judgment upon the award rendered by the
Arb':�ratc,r(s)may be entered in any rnurt having jurisdiction thereof.
The law oF the situs of the land shafl app(y ia an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may
be obtained from the Company upon rec}uest.
Page 349 of 1095 _
Fom1 5011612(7-1-14) Page 2 of 12 ALTA Commitrnent(6-17-06)(with Rorida modificadons)
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FIRST AMERICAN a
TrfLE INSURANCE
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Corporete Office �
1 First American Way v
Santa Ana,CA 92707 �
(800)854-3643 `�,°
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`' ��'''�� Commitment for Title Insurance
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' ~ First Axnerxca.n
ISSUED BY
Sched u le A First American Title Insurance Company
5011612 - NCS-901990-A-LA2
File No.: NCS-90i990-A-LA2
1. Effective Date:May 2, 2020 @ 6:00 A.M.
2. Policy or Policies to be issued: Proposed Amount of Insurance:
a. ALTA Owner's Policy of Title Insurance $TBD
(6-17-06)(with Florida matifications)
Not to Exceed:$1,000,000.00
Proposed Insured: To Be Determined
b. ALTA Loan Policy of Title Insurance $
(6-17-06) (with Florida modifications)
Not to Exceed:$1,000,000.00
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment is Fee Simple
4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in:
North Beach Town Center Development, LLC, a Delaware limited liability company successor-in-
interest to Oliveira Pfaza As.Sociates, LLC, a Delaware limited liability company
5. The land referred to in this Commitment is described as fvllows:
See Exhibit"A"attached hereto and made a part hereof
`� a M!►.c
;�` '� FirstAmerican
� Title Insr�rance Comp�any
-F-
NATIpNAL COMMERCIAL SERVtCES
By:
as an Authorized Signatory of First American Title Insurance Company Nationat Commercial
Services
(This Schedule A valid only when Schedule BI&BII are attached)
Page 351 of 1095
Form 5011612(7-1-14) Page 4 of 12 ALTA Commitrnent(6-17-06)(with Florida modificadons)
-`' '�'''� Commitment for Title Insurance �
'� 4 �rs#Axr�eraicax�
,� ISSUED BY
EXh�b�t A First American Title Insurance Company
5011612 - NCS-901990-A-LA2
File No.: NCS-901990-A-LA2
The land referred to herein below is situated in the County of Miami-Dade, State of Florida, and is
described as follows:
LOTS 3, 4, 5, 7, 8, 9 and 10, BLOCK 13 AND LOTS Ii AND 12, LESS THE WEST 50.00 FEET THEREOF,
BLOCK 13 OF NORMANDY BEACH SOUTH,ACCORQING TO THE PLAT THEREOF,AS RECORDED IN PLAT
BOOK 21, PAGE 54,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
,,
�
Page 352 of 1095
Form 5011612(7-1-14) Page 5 of 12 ALTA Commitment(6-17-06)(witf�Florida modifications}
•`' ""''�• Commitment for Title Insurance
` 4 �rst A�ne�,�ca.�
ISSUED BY
Sched u le 6-1 First American Title Insurance Company
5011612 - NCS-901990-A-LA2
File No.: NCS-901990-A-LA2
REOUIREMENTS
The following requirements must be met:
1. Pay and/or disburse the agreed amounts for the interest in the land and/or the mortgage to be
insured.
2. Pay us the premiums, fees and charges for the policy.
3. Pay all taxes and/or assessments, fevied and assessed against the Land,that are due and payable.
4. The foltowing documents, satisfactory to us,creating the interest in the land and/or the mortgage to
be insured must be signed, defivered and recorded:
a. Record proper Deed f�om North Beach Town Center Development, LLC,a Delaware
limited liability company successor-in-interest to Oliveira Plaza Associates, LLC,a
Delaware limited liability company,to To be determined.
5. Note: Items 1, 2, 3, 4, 5 and 6 of Schedule B,Section 2 of the Commitment, will be deleted from any
policies issued pursuant thereto upon our review and acceptance of a survey acceptable to the ' .
Company, certified in accordance with Florida Statutes, or such other proof as may be acceptabfe to
the Company, refating to any rights, interests or claims affecting the land which a correct survey
would disclose, and an Affidavit of Possession and No Liens in accordance with Florida Statutes, and
the Company's review of the potential exposure for construction liens. The Company reserves the
right to include exceptions from coverage relating ta rrtatters disclosed by the survey or other proof,
the Affdavit, or discovered in the Company's review of the potential exposure for construction liens,
and to make such additional requirements as it may deem necessary.
6. Satisfactory evidence of payment of any municipal liens or assessments for public improvements or
assessments, as provided for by Chapter 159, Florida Statutes, in favor of any city,town, village or
port authority for unpaid service charges for service by any water, sewer or gas systems supplying
the lands described herein. A municipal lien search will need to be ordered and wilt take 10 to 15
business days to complete. Suggested vendors are:
Abramowitz Tax&Lien Service, Inc. ,
816 South Military Trail
Deerfield Beach, FL 33442
phone: (954)480-6529
American Lien &Estoppel Services, LLC
6413 Congress Avenue, Ste 130
Boca Raton, FL 33487
phone: (561)922-5305
Page 353 of 1095 ,
Form 5011612(7-1-14) Page 6 of 12 ALTA Commitrnent(6-17-06)(with Florida modifications)
7. We find no outstanding voluntary liens of record affecting subject property. Disclosure shoufd be
made conceming the existence of any unrecorded lien or other indebtedness which could give rise to
any possibfe security interest in the subject property.
B. Pay any and all taxes and/or assessments, levied and assessed against the Land, that are due and
payable.
Note: 2019 Taxes show PAID, in the Gross amount of: $28,505.77,for Parcel I.D. No.: 02-3211-
002-0970
Note: 2019 Taxes show PAID, in the Gross amount of: $17,092.35„for Parcel I.D. No.: 02-3211-002-
0990
Note: 2019 Taxes show PAID, in the Gross amount of: $16,369.87, for Parcel I.D. No.: 02-3211-002-
2010
� Note: 2Q19 Taxes show PAID, in the Gross amount of: $16,369.87, for Parcel I.D. No.: 02-3211-002-
1020
Note: 2U19 Taxes show PAID, in the Gross amount of: $16,369.87, for Parcel I.D. No.: 02-3211-002-
1030
Note: 2019 Taxes show PAID, in the Gross amount of: $16,573.34,for Parce! I.D. No.: 02-3211-002-
ia4o
Note: Z019 Taxes show PAID, in the Gross amount of: $21,752.38,for Parcel I.D. No.: 02-3211-002-
1050
9. Prior to closing,the Company must confirm whether the county recording office in which the Land is
located has changed its access policies due to the COVID-19 outbreak. If recording has been
restricted, specific undervvriting approval is required; and, additional requirements or exceptions may
be rnade.
FLORIDA RECORDING FEES:
Recording Fees: $10.00 for the first page/ $8.50 each additional page
PLUS e-filing fee of$4.00 per document
PLUS $1.00 indexing fee for each name over 4
Deed Transfer Tax(pfled Documentary Stamp Tax): $.70 per$100 (rounded up to the nearest
$100)
for a!I FL counties EXCEPT Miami-Dade where the rate for al) property
except single family residences is$10.50/$1000 (rounded to the nearest
$100)
Mortgage Tax: Comprised of 2 taxe5: Documentary Stamp Tax PLUS Intangible Tax
Documentary Stamp Tax: $.35/$100(rounded up to the nearest$100)
Intangible Tax: $2.00/$1000
In the case of taxes on Mortgage Modifications or l�ssumptions, please contact the assigned FL
Underwriter.
FLORIDA RECORDING STANDARDS:
Margins- First Page: Leave 3" x 3" right hand top margin blank; place name and address of
preparer and return-to address in left hand 3"; all other margins: 1"
Margins-Add'I Pages: 1"
Paper Size: Either 8.5" x 11"or 8.5" x 14"
Tax Parcel No.: Must be present on the face of al( deeds.
Page 354 of 1095
Fvrm 5011612(7-1-14) Page 7 of 12 ALTA Cammitrnent(6-17-06)(with Florida modifications)
Signatures: Names must be legibly printed, typed or stamped immediately beneath the
signatures.
Addresses: The post office address of Grantor and Grantee must be legibly printed, typed or
stamped within the document.
Witnesses: Two (2) witnesses are required on all conveyances of an interest in land. The name
of each witness must be legibly printed,typed or stamped beneath the signatures.
Preparer/Return-to: The name,tit[e and address of the person who prepared the document
must be legibly printed,typed or stamped after the words "This document
prepared by:"Also include a return-to address on the first page.
10. This transaction may be subject to a Geographic Targeting Order("GTO") issued pursuant to the
Bank Secrecy Act. Infarmation necessary to comp{y with the GTO must be provided prior to the
closing. This transaction will not be insured until this information is submitted, reviewed and found to
be complete.
Page 355 of 1095
Form 5011612(7-1-14) Page 8 of 12 ALTA Commitrnent(6-17-06)(with Florida modifications)
,�•' '"'''r•, Commitment for Titfe Insurance
�r�#Arne�,r��
^: ISSUED BY
Sched u le B'll First American Title Insurance Company
5011612 - NCS-901990-A-LA2
File No.: NCS-901990-A-LA2
�XCEPTIONS
Schedule B of the policy or poliaes to be issued will contain exceptions to the following matters unless the
same are disposed of to the satisfaction of the Company:
1. Defect, liens, encumbrances,adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the ef�ective date but prior to the date the proposed
insured acquires for value of record the estate or interest or mortgage tfiereon covered by this
Commitment.
2. Any rights, interests, or claims of parties in possession of the land not shown by the public records.
3. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that
would be disclosed by an accurate a�d complete land survey of the land.
4. Any lien, for services, labor, or materials in connection with improvements, repairs or renovations
provided befare, on, or after Date of Policy, not shown by the public records.
5. Any dispute as to�e boundaries caused by a change in the location of any water body witnin or
adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is, at
Date of Policy, or was previously under water.
6. Taxes or special assessments not shown as liens in the public records or in the records of the locai
tax collecting authority, at Date of Policy.
7. Any minerals or mineral rights leased, granted or retained by current o�prior owners.
8. The lien of the taxes for the year 2020 and all subsequent years, which are due and payable, but are
not yet delinquent and taxes and assessments for the year 2019 and all subsequent years,which are
not yet due and payable.
9. Provisions of the Plat of Normandy 8each South, according to the plat thereof recorded in Plat Book
21, Page 54 of the Pub{ic Records of Miami-Dade County, Florida.
10. Terms and conditions of any existing unrecorded lease(s),and all rights of lessee(s)and any parties
claiming through the lessee(sj under the lease(s).
11. Use restrictions and the terms and provisions therein as contained in the Special Warranty Deed
dated March 13, 2017, recorded in Official Records Book 30456, Page 750.
Page 356 of 1095
Form 5011612(7-1-14) Page 9 of 12 ALTA Commitrnent(6-17-06)(witfi Florida modifimtions)
File No.: NCS-901990-A-LA2
Note: All of the retording information contained herein refers to the Public Records of Miami-Dade
County, Florida , unless othervvise indicated. Any reference herein to a Book and Page is a reference to
the Official Record Books of said county, unless indicated to the contrary.
Natices-Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the
Company shai( include the number of this policy and shall be addressed to the Company, Attention:
Clairrts Qepartment, 1 First American Way, Santa Ma, CA 92707.
Service,Oualitv and Availabilitv
First American Title Insurance Company cares about its customers and their ability to obtain information
and service on a convenient,timely and accurate basis. A qualified staff of service representatives is
dedicated to serving you. A toil-free number is available for your convenience in obtaining information
about coverage and to provide assistance in resolving complaints at 1-800-854-3643. Office hours are
from 8:30 a.m. through 5:30 p.m. Monday through Friday.
Page 357 of 1095
Form 5011612(7-1-14) Page 10 of 12 ALTA Commitrnent(6-17-06)(with Florida modifications)
as t ��� F k�c Frst American Title Insurence Company
Nadonal Commercial Services
`• �t 777 South Figueroa Street,Suibe 400
777 South Fgueroa Street,Suite 400,Los
��►. x��� �ge(es 3CA 90071�7 _
Fax-(877)805-5023
O1/25/2019
Re: F!e #NCS-901990-A-LA2
Property Address: APN: 02-3211-002-0950, Miami Beach, FL
YOU MAY BE ENTITLED TO A REDUCED PREMIUM FOR TITLE INSURANCE IF THIS OFFICE I5
PROVIDED WITH A PRIOR OWNER'S POLICY INSURING THE SELLER OR MORTGAGOR IN
THE CURRENT TRANSACIION.
An order has been piaced with this company for a tiNe insurance policy. The purpose of this Ietter is to
provide you with important information regarding the title insurance premium that has been or will be
charged in connection with this transaction.
Eligibil'ity for a discounted title insurance premium will depend on :
REFINANCE TRANSACTIONS:
To qualify for a reduced premium for title insurance you must provide our office with a copy of
your prior owner's policy of title insurance insuring your title to the above-referenced property.
SALES TRANSACTIONS:
To qualify for a reduced premium for 6itle insurance you must provide our office with a copy of
your(or your seller's) prior owner's policy of title insurance insuring your title to the above-
referenced property. The effective date of the prior owner's policy must be less than three years
old or the property insured by the policy must be unimprovetl (except roads, bridges, drainage
facilities and utilities are not considered improvements for this purpose).
To gualify for the reduced rate,you or your representative may hand deliver, mail or fax a copy of the
prior owner's policy of title insurance to the above address or fax number prior to closing, although we ,
will accept the prior policy up to 5 working days after the closing date of your transaction.
Page 358 of 1095
Form 5011612(7-1-14) Paqe 11 of 12 ALTA Commitrnent(6-17-06)(witt� Florida modifications)
����� I FustAmenicaa Title
Prtvacy Information
We Are Committed Lo Safeguardl�CusLomer Intormatlon
In ortSer N betber serve your neeGs now a�d in the fuhire,we may ask you tn provide us with certain infortnation.We understand that you,may be conoemed about what we will do wilh wch
infortnation-partia�larty any penanal or flnandal InfortnaUon.We agree that you have a rlght tn ivww how we wfll utlllae the persanal infomiapon you provide fo us.Therefo2,bogeCier with our
wbsldWries we have adopted this Prirary Policy to govem the use and handling W your personal inPortnatlon.
MP�imbi{ih
fiis Privacy Policy govems our use oF the infortnabm that you pcovbe tn us.It tlocs not govem the manner in whi0i we may use infomiadon we have ob�ined from any oth�sou�ce,s�ch as
Infortnation obtalned from a puhlic remrd or from another person or entity.Rrst Amerian has also adopOeC broadrl guidelines that govem our use of personat infortnation regardlas of its sour[e.
Frst American alls these guideiines its Fair Information Values.
Types of IMormatlon
Depending upon which of our servioes you are utilixing,the types of nonpublic personal intortttation that we may wllect indude:
• fnfortnatlon we receive from you on appllcatlons,fortns and in other mmmunications t�us,whether In writlng,in person,by telephone or any other means;
• InfortnaUon about your transaCtlons wfth us,our altitla0ed companles,or athers;and
• (nformation we rereive from a mnwmer reporting agency.
Use of IMwmatlon
We request infortnaGon hom you for our own IegiCmate busines5 purposes and rro[for the beiefit of any nonaffiliated parry.Th�efore,we witl rrot 2lease your infortnatlon tn nortafl5ltated pardes
occept(i)as necgsary(or us tn provide tf�e pro0ud or servioe you have requested af us;or(2)as pesmitied by law.We may,however,s�re wdi informatlon indefinitdy,induding the perlod
after which any astom�reiatlonship has mased.Such Informatlon may be used(w any InOemal purpose,sud�as qual'�ty wntrol eflorts or cus�mer analysis.We may alsq pravide all of the types of
nonpubiit persanal infortnation Iist�Q above[o one or more of our afRliated oompanies.Sudi af�liated oompanies indude finandal si.wloe providers,sudi as tltle inwreJs,property and mwalty
InwrErs,and Wst artd investrnent advisory mmpanies,or opmpanies involved in r0at e�te servioes,sud�as app2i81[nmpani�,home warranry cnmpanies and esaow mmpanies.Furthertrrore,
we may also provide all the infortnaGon we collect,as Cesaibed above,tn mmpanies that perfortn marke�ng services on our behalt,on behaif of ar af�lia[ed companies or[o other finanoal
instihitions with whom we or our aflilfaDed o�mpanies have�oint marketlng agreemen[s.
Forn�er CusOomers
Even If you a2 no longer our aisiomer,our Privacy Pol(cy will continue to apply ta you.
ConHdenqallty and Securiry
We will use our bcst efCorts to ensure that no unauthorize�partia have acoess to any of your Infortnatlon.We resUiR amess Oo nonpublk personal iMorma�on about you to those individuals and
entldes who neerf W know that informadon h�provide products or servicEs to you.We will use our hest efforls h�train and mersce our employees anC agen[s to enwre that your informatlo�will be
handled responsibly arW in ac�ordaixe with this Privacy Policy and Frst Ameriqn's Fair InformatlOn Values.We artently mainbin physical,electrnnic,and procedural safeguards tha[mmply anth
federal regulatlorn to guard your nonpublic personal informatlon.
fnformation Obtained Through Our Web S�Le
Frst American Rnandal Cnrporadon is s�sidve Oo privacy iswes on the IntemeL We believe it is important you know how we treat the int�rtnation about you we receive on the In�rnet
Sn genera�,you mn vislt Rrst Amp�ipn w its aRiliates'Web sites on the World Wide Web without telling us who you are or revealing any infarmation about yourself.Our WeD sesvers collaR the
domain names,nat the e-maif addmsses,of vismrs.This iniortnation is aggregated t�meawre the number of visihs,averege time spent on the si�,pages viewed and similar infortnatlon.Rrst
AmeJion uses this Infomretlon W measure the use of our site and ho devebp Ideas b�Improve the mnterrt of our site.
There are tlmes,however,when we may need Infwmatlon hom you,such as your name and email addres.When tnfortnatlon Is needed,we will use our best efforts tu let you krtow at the tlme of
mllection how we will use the peisonal informatlon.Usually,the persanal infortnatlon we collect is used only by us to r�espond to your Inquiry,process an order or allow you m amess spedfic
acmunt/proflle Infurmatlon.If you Uioose to share any personal Infortnation wlth us,we wlll only use it In aaordance with the polldes oWined above.
Busfncss RelatlorW�ips
RrsY American Financial Corporation's site and its affiliates'sitrs may oontain Itnks hi other Web stes.Whiie we try h�link only to sites Hwt share our high standards and respeli for privacy,we are
not responsiWe fw the oon0ent or the privacy p2cOca employed by other siha.
COokies
Some of Frst Amertmn's web si0es may make use of"cookie"tedinology Oo meawre slte activity and m cusmmfne infortnation[o your persQnal�.A molce is an elem�t af daTa that a Web ste
mn sertd to your browser,whidi may then SOore the 000kie on your hard driva
Ej�.v_Am.com uses s4xed cmkles.rne gaal of this hadvrology is to bdLer serve you when visltlng our site,save you dme wAen you are here and m provide you with a more meaningful and
productive Web site ocperienae.
Falr Informatlon Valucs -----------�--------
Fairness We mnslder mnsumer�pecbdons about thelr p�ivacy in all our businesses.We only otfer products and services that assure a favorable balanoe beiween oonwmer benefits and mnwmer
privacy.
Pub(k Remrd We believe that an open public re�rord aeates significant value for sodety,ecihances mnwmer cholce and aeates oonwmer opportuniry.We acevely�ppoK an open publlc reoord
and emphasize i[s importance and mntribubon to our economy.
Use We belleve we should behave responsiWy when we use infurtnation abou[a oonsumer in our busfness.We will obey the faws governing the mlleQlon,use and dlsSeminaGon ot dam.
Aawracy We will take reasonable sbeps to help assure the acniracy of the dab we ootlect,use and disserninate.Where pos3ible,we will bke ra�sanabte steps to cbrtect inaocurate informatlon.
When,as with the public remrd,we cannot correct ina¢urate infomiatlon,we will take all reasonable stPps tn assist conwmers in identifying the source of the erroneous dam so that the conwmer
on seare the required mrrecbons.
Eduofbn We endeavor to edumte t�e users ot our produds and services,our empbyees and othrss in our industry abou[the impor�nce of conwmer privacy.We will instruct our employees on
our(air information values and on the responsible coltection and use of data.We will encourage otheJs fn our industry tn mlle[t and use iMortnatlon In a responyble manner.
Securlty We will malntaln appropriate fadlitles and sysOems to prote�agalnst unauthorlaed ac�ss�and wrtuption of the data we maln�in.
Form 50-PRNACY(9/1/10} Page 1 of 1 Privacy Informatlon(2001-2010 Frst American Fnancial Corporatlon)
Page 359 of 1095
Form 5011612(7-1-14) Page 12 of 12 ALTA Commitrnent(6-17-06)(with Florida modifications)
1681 Kennedy Causeway
North Bay Village,FL 33141
305-861-8069 Phone
AI���I'� 305-865-9845 Fax
broadband
July 30, 2021
Ben Stigler
North Beach Town Center Development, LLC
20533 Biscayne Bivd, Suite# 372
Miami, FI. 33180
Re: Clearance of Easement
Folio# Address: Legal Description:
02-3211-002-0�50 326 71 Street Let 1, Block 12
02-3211-002-0860 6985 Abbott Ave Lot 2, Block 12
02-3211-002-0870 Vacant Lot 3, Block 12
02-3211-002-0880 Vacant Lot 4, Blockl2
02-3211-002-0890 6961 Abbott Ave Lot 5, Block 12
02-3211-002-0920 6972 Harding Ave Lot 16, Block 12
02-3211-002-093� 300 715t Street Lot 17-18, Block 12
02-3211-002-0970 6965 Bryon Ave Lot 3-4, Block 13
02-3211-002-0990 6957 Bryon Ave Lot S, Block 13
02-3211-002-1010 6948 Abbott Ave Lot 7, Block 13
02-3211-002-1020 6956 Abbott Ave Lot 8, Block 13
02-3211-002-1030 696,4 Abbott Ave Lot 9, Block 13
02-3211-002-1040 6972 Abbott Ave Lot 10, Block 13
Utility Easement to be vacated, being more particularly described as follows:
Page 360 of 1095
The East 5 feet Lots 1 through 5 and the West 5 Feet of Lots 16 through 18 of
block 12 of Normandy Beach South as recorded in Plat Book 21, Page 54 of the
Public Records of Miami — Dade County, Florida
And
The South 10 feet of lots 3 and 16, block 12 of Normandy Beach South, according
to the plat thereof as recorded in Plat Book 21, page 54 of the Public Records of
Miami — Dade, Florida. The 10 wide utility easement is recorded in the official
records book 6386, page440 and officia) records book 6386, page 443 of the
public records of Miami Dade County, Florida;
" And
The east 5 feet of lots 3 through 5 and the west 5 feet of lots 7 through 10, of
block 13 of Normandy Beach South, according to the Piat thereof As Recorded In
Plat Book 21, Page 54, of The Public;Records Of Miami Dade County, Florida.
If you have any questions, please contact me.
Sincerely,
Pete Freytag
Construction Manager
Atlantic Broadband
1681 Kennedy Causeway �
North Bay Village FL, 33141
C: 786.251.5989
O: 305.861.8069 x 5208
E: pfrevtaq�a.atlanticbb.com
www.atlanticbb.com
Page 361 of 1095
�� �}�} ATB�T FIOr108 T:305-924•4592
�� < < 600 NW 79th Ave. www.atc.com
�� Room 360,
. Miami,FL 33126
July I6,2021
Ben Stigler
North Beach Town Center Development,LLC
24533 Biscayne Blvd.�372
Aventura,FL 33180
Re: Utility Easement Abendonment—
Folio: several as indiceted below
To Whom lt May Concern,
On behalf of Bellsouth Telecommunications,Inc. d!b/a ATdtT Florida,this letter shall serve as notice
of"non-objection"to the abendonment of the utility essements located at the properties referenced on
the teble below,which lie in Block 12 and Hlock 13,of Normandy Beach South,according to the plet
ihereof,as recorded in Plat Book 2I,Page 54,of the Public Records of Miami Dade County,Florida;
this letter shall also serve as notice of`�on-0bjection"to the abandonment of the utility easements
recorded in O.R.B.6386 Pg. 443,O.R.B.6386 Pg.440 and O.R.B.6386 Pg. 438,of the Public
Records of Miami Dade County,Ftorida
Folio Address Le al Descri tion
02•3211-002-0850 326 71 st Street Lot 1,Bloek 12
02-3211-002-0B60 69B5 Abbott Avenue Lot 2,Block 12
02-3211-Q02-087� Vacant Lot 3,Hlock l2
02•3211•002•0884 Vacent Lot 4,Hlock 12
02-3211-002-0890 6961 Abbott Avenue Lot S,Block 12
02-3211-002-4920 6972 Harding Avenue L.ot lb, B1ock 12
Lot 17-I8,Block
02-3211-002-0930 300 7lst Street 12
02-321 I-002-0970 6965 Byron Avenue l..ot 3-4,B1ock 13
02-3211-002-0990 6957 Byron Avenue Lot 5,Block 13
02-3Z11-002-1010 6948 Abbott Avenue Lot 7,Block l3
U2-3211-002-]020 6956 Abbott Avenue Lot 8,Hlcek 13
02-3211-002-1030 6964 Abbott Avenue Lot 9,Blcek 13
02-3211-002-1040 6972 Abbott Avenue Lot 10 Block 13
No existing ATBtT Florida facilities currently occupy the"Utility Easement"subject to closw�e.
Sincerely,
�-�� ��
Jcel Gon2alez
Mgr OSP Planning&Engineering Design
AT&T FL
Page 362 of 1095
CRt'�WN �-= '�:��.�,=�
`,,,� CASTLE
9250 W Flagler Street
Miami, FL 33174
July 12,2021
Ben Stigler
Pacific Star Capital, LLC
Request for No Objection Letter
Vacations of Easements
13 Lots-Referenced Below
Miami, Florida
Mr. Stigler:
Based on the information provided by you,copies of which I have enclosed,there appears to be no Crown Castte Fiber
facilities within the specific limits of the above-referenced areas.
As such,Crown Castle Fiber, LLC has no objection to the vacation of easements on the i3 sites you referenced. If the
information provided is erroneous in any way, please notify us immediately and consider this letter of no objection
rescinded.
Sincerely,
Danny Haskett
Z� yS�G���.o�t
D&C O eratior�s Manager
Folio Address Legaf Description
02-3211-002-0850 326 71st Street Lot 1,Block 12
02-3211-002-0860 6985 Abbott Avenue Lot 2,Block 12
023211-002-0870 Vacant Lot 3,Block 12
02-3221-002-0880 Vacant Lot 4,Block 12
02-3211-002-0890 6961 Abbott Avenue Lot 5, B�ock 12
02-3211-002-0920 6972 Harding Avenue Lot 16,Block 12
023211-002-0930 300 71st Street Lot i7-18,Block 12
02-3211-002-0970 6965 Byron Avenue Lot 3-4,Block 13
02-3211-002-0990 6957 Byron AVenue Lot 5,Block 13
02-3211-002-SO10 6948 Abbott Avenue Lot 7,Block 13
02-3212-002-1020 6956 Abbott Avenue Lot 8, Block 13
02-3211-OQ2-1030 6964 Abbott Avenue Lot 9,Block 13
023211-002-1040 6972 Abbott Avenue Lot 10,Block 13
Page 363 of 1095
/II� flortda Power&llght Compe�y,1!i SW 3rd Si Miamf FC 33130
Phone:305-377�6I00
�PL
Juiy t3,2021
Pacifcc Star Capital LLC
1318 Broad�vay
Santa��fonica,FL,90404
Dear Pacific Star Capita(, _
This letter is in response to your reguest for the release of a pkatted utility easement.
In meetiug�vith your requcst,FPL has no objection to releasing our rights in ihe platted ufiiity easeme►it known
as"Norniandy Beacl�South"in Ptat Book Plat Book 21,Page Page S�i of the Public records of Miami Dade
Courtty.
The release is restricted to the following description:The easement being reteased will be Sft on the east side of
Block t3 Lots 3-5,Sft on tl►e�vest side of Block 13 Lots 7-10,Sft on the east side of Block 12 LoE 1-5,Sft on
the west side of Bloctc 12 Lot 16-l8,and l Oft crossing from east to west at the south side of Block 12 I.ot 16&
3.Pkease reference survey#: [2-000295-9 6/I S/2t by John lbacra&Associ�tes Inc.
Should you have any questions or concerns,please do not liesitate to coutact Sab�ina Caneja at 786 774 3426.
Sincerel ,
rcia
Engineering Lead
en FPL Graup cumpany
Page 364 of 1095
�► '�'ECC7,�
=-= PE� PLES GAS
AN EMERA COMPANY
7/iZ/2021
To:Ben Stlgler
North Beach Town Center Development,LLC
RE:Property Addresses:
vo o addxss Le�a Dexrivt or
02-321i-0OZ-0850 326 71st Strce: loi 1,Blak 12
02•3211-0�J2-0860 6985 Abbott Ave�ue l02 2,Blcck!2
023211-002-0870 Vacant lot 3,D�ctk 1Z
02-321l-002-0880 VaCent Lot 4,B�C[k IZ
02-3231-002-089Q 6961 Abbott Avtr�e Lot 5,Block 12
02-321:-002-0920 6972 Hardiv¢Arrnue t,at 16,B ock 12
02-3211-002-093Q 300 71st Stree: Lo:17-18,B!ock IZ
02•3212-002-0970 6%5 Bvron Averue ;,ot 34,3iork 15
02-9212-002-0990 6957 Bvron Averue lot 5,Bleck 29
02-32]1-002-1010 6948 Abbc;t Aven�e Lo:7,B�cck 13
02-3211-002•1020 6956 Abbott pve^ue Lot 6,Bicck 19
02-3211-002-1030 6464 Abbctt Ave�ue Lot 9,Biock 13
02-3211-002-I040 6972 Abbott A�en�e Cot 10,B ock 13
From:TECO Peoples Gas
To Whom It May Concern:
After a review of the above referenced properties,TECO-Peoples Gas does not have any present or
proposed natural gas mains and/or services within the easement. TECO-PGS has no objedion to the
vacate of easement and demolition at the above referenced addresses.
If you have further questions,please do not hesitate to call.
Sincerely,
� (
Joan Domning
Administrative Specia{ist,Seniar.
Peoples Gas-Distribution Engineering
8416 Paim River Road
Tampa, FL 33619
Office:813-275-3783 . -
Page 365 of 1095
SKETCH AND LEGAL DESCRIPTION
THIS 1S NOT A SURVEY
ABBREI/IATIONS:
� =CENTER�NE
U.E. =U71LIlY F15EMEN7
L.B. =LICENSED BUSINFSS
O.R.B.=OFFfCIAL RECORDS BOOK
P.B=PLAT BOOK
PG.=PAGE I'
N.A.?. =NOT A PART OF.
- � �
LOCATION SKETCH
SCALE=N.iS.
LEGAL DESCRIPTlON:
UTfLIN(RESERVATION EASEMEN�TO BE REfFASED, BEING MORF PARTICUTARLY DESCRIBED F�5 FOLLOWS:
TI1E EAST 5 OF LOTS I THeOUGFi 5 AND THE WEST 5 FEET OF LOTS I 6 Tt1R0UGt1 I 8,OP BLOCK I 2,OF NORMANDY 6EACI1 SOUTFi,ACCORDIN�
TO Tt1E PLA7 THEREOF AS RFCORDED IN PIAT BOOK 21,PAG�54,OF TI1E PUBLIC RPCORDS OF MIAMI-DADE COUNTY, FLORIDA;
AND
THE F�ST 5 OF LOTS 3 TFiROUGti 5 AND Tt1E UV�ST 5 FEET�F LOTS 7 T1IROUGH I 0,OF BLOCK I 3,OF NORMANDY BEACti 50UTt1,ACCORDING
TO TttE PLAT Tt1ERE0F AS RPCORDED lN PLAT BOOK 2 I,PAGE 54,OF Tn`_PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA.
AND
"CITI^5 PRIVATE EASEMENT(O.R.B. 6386, PAGES 438,440,AND 443,MIAMI-DADE COUNTY RECORDS.
Tt1E SOUTti I 0 FEET OF LOTS 3 AND I 6, BLOCK I 2,OF NORMANDY BEACIi 50UTt1,AGCORDING TO Tt1E PLAT TtiERFOF A5 RECORDED IN PLAT
BOOK 2 I,PAGE 54,OF Tt1E PUBUC RECORDS OF MIAMI-DADE COUN7Y,FLORlDA.THE I 0'WIDE UTILITY EASEMENT IS RECORDED IN OFFICIAL
RECORDS BOOK 6386,PAGE 440 AND OFFICIAL RECORDS BOQK 6386,PAGE 443 OF Tt1E PUBLIC RPCORDS OF MIAMI-DApE COUNTY, FLORIDA;
SURVEYOR'S NOTES: SURVEYOR'S CERTIFICAT/ON:
ina+mrcrnnFr:nassaEcrr�cprrHrosesum�-oFn�ar+overrroescr�e�HtReaH�ras
I.NO SfARCti OF T11E PUBUC RECORDS t1A5 BEEN MA�E 8Y JOFiN IBARRA 4 ��Y���iO'�01tA""'"urma�ursuvomsroN,aaocowa�swm�n�e
STANQARDS OF PRICIi(�AS SET FORMBV THEFLOPodI BOARD OF PRQFESSfONAL WYO
A550CI ATES,I NC. SURVEYORS IHGUPIFF SFf 7.RORIDA ADA6NISTRATNE CODEP(NiSWNf iD�TG027,RQR10A
SiANiES
2.TI115 SKETCtI IS BASED ON INFORMATION FURNISHED BY GLIENT OR : oiqiwnystqnedby
GLIENT'S RPPRFSENTATNE. � I� - Date on oos
�ir''' ' u:iz:ioua�oo�
3.TI1E SKFTCti AND LEGAL DESCRIPTION tS CERTIFIED TO TI1E CITY OF MIAMI �' AdobeAcrobatversion:OGN�OY�
BEACH. eY: 2021.00720095
JOHN 16ARRA �onreoFr-�snwowq
aRo�ssrava�w�msurtvt�roRnn.:52P4 rr�reartavm�
'o�N�BARq7
ORAWN BY: DA ���_� �
� r ,y �
._l�=.:�':rv! l�'s�:��'?� � ���c�r�=E!tt'�'-:r. !i`��. � .�
DATE: OBHS2021 �rr,9a���or�:tl !:�r13 �urveyots u ►.•",r��p�r�: �u •
�<'��o
.l.....�.-.�G3L`nri:�SU�+VF:r:P=i:f,.•.t L9I7BO6
�;7 a_,: �a , . r:��r � ze:��s�c�vr;�•._in ec,�sou-r: Digitally sigoed byJOHN A
SURVEYNO: 12-000295-9 ��" �' - . � `2'a';�� r,"`_"` �_`.� IBARRA
_� H t � ,_- -_._ Date:2027.10A515:12:28
SHEET: 1 OF2 �::::;'�a;,`.:c --',:,; F;ir, .; .. - --_' -04'00'
Pa e 366 of 1095 Adobe Acrobat version:
iozi.00��oo9s
SKETCH AND LEGAL DESCR/PTION
THIS IS NOT A SURVEY �
GRAPHIC SCALE
-40 0 40 80 � �
(/N FEETJ
11NCH=BO FEET �
, i i � i ; � � i i � ,., �
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� I I I I i I I I 1 � �i � I
LOT 6 0�� � I l0T 7 I L01 B I LOT 9 I LOT I 0 LOT 9 ILOT I Q 1 LAT I I I lAT I 2( � o�m IAT :3 1
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� zs.a �T �i� 30.0' ' 30.0' -��or i �I i 5.0'RESERVATIQN zs.a zs.a
� 9LOR.13 �I I lAT 12 � BLOCIC 12 �!� EASEMENT LDT 18
I 1 I BLOCK(3 i !I� BLDCK I 2
� � I I! � �� i (FER PLA� ►�: (
------------ --�jTr----- -------- �j � ----------- -j.;� __ T4.���J.����-- � I
I � I i I 50.d � ( --- ,~ BY CMB
L0T 2 � ' S.0'RFSERVATION � lt� :
I � BLOCK 13 I � I �T I I '=„ ' LOT 2 !�I L0T 17 �
i .� i I BLOGK 13 �! � EASEMENT y�aK i z !i B�pcK i z I
I � .� � (PER PLAT) �� � �T
� �' �
' '~- ------- I — ��J-------------- � �
— TfT�E1ZELfJtSfD�___ � (� ( -
i � '! 5.0'RESERVATION F" ' BY GMB i� I LOT 16 �
� LOT 3 'i i � G � BLOCK I 2 �"°' �
�" BLOCK 13 !;1 EASEMENT ��T�o LOT 3 !;I Ca �
� ��� (PER PLA�e�ocK i a � ' ei.ocx i 2 _ ;i i �
� � �i i �: � Y•i---------.- ---•-- ----- 1
---•--^-------•--•- - -
i ---------------t-��— —TO 6E RELEASED__ qj � �
� 5.0'RESERVATIQN '�i BYCMB c,( i -•-----�--------- ---�J� � I -
j LOT 4 FA9EMENT �i� �T y ' lAT 4 : I "� LOT I 5
BLOCK I 3 — ———_—— � I .��. BLOCK I 2 �
I __TO BB RPLFASED----;�i Q�� B�ocK�s — � ------e�oac�2 Zs� ;- j-���v -------- i -
6
r r� ---
� _i i1 �n4 � �� ; � `t�n CD t�� .
` iil VH i C4�m ' � dcp�� L0T14 �
� LOT 5 !�� O � LOT 8 ; �T 5 � ` � � LL3� �
j BLOCK!3 �I I �m` &OCK I 3 � BLOGK I 2 i I ��a�0 a�0 BLOCK I 2
, I� f i I I M� I
J m��
t ' .L-- ----------- I � L~ � - -------- � -
i �
� I I I m m �
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__ _----- a r � o <�so Date:2021.10.05 15:12:43
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T OF 2 Pa e 67 of 1095 Ado6e Acrobat version:
2021.007.20095
October 5,�2021
Benjamin Stigler
No�th Beach Town Center
Deveiopment, LLC20533 Biscayne
Blvd., Suite#372 �
Miami, FL 33180
City of Miami Beach Public Works Department
1700 Convention Center Drive
Miami Beach, Florida 33139
And
City of Miami Beach —City Attorney's O�ce
1700 Convention Center
DriveMiami Beach, FL
33139
Re: Developer's Request
Termination and;Release of a 10-foot easement running EastlWest, along the southerly
10 feet of lots 3 and 16, of Block 12, of the Plat of Normandy Beach South, recorded in
Plat Book 21, at Page 54 (the"Plat"), relating to a City utility easement, recorded in O.R.
Book 6386, at Pages 438, 440, and 443 of the Public Records of Miami-Dade County
(°City's Private Easement"); and
City's release, pursuant to Resolution, of its right to access, operate and maintain utilities
within a 5 foot reservation easement, as noted on said Plat {note: a strip of land 5-feet
wide is reserved in the rear of each lot), particularly described as: Lots 1-5 and Lots 16-
18; of Block 12; and Lots 3-5 and Lots 7-10, of Block 13, according to said Plat ("Platted
Easement") (collectively, "Developer's Request").
I
To Whom tt May Concern:
North Beach Town Center Development, LLC ("Developer") respectfully makes the above
referenced request in connection with its development of the below list of properties
("Developer's Properties") into a multistory mixed-use project, including residential, parking
garage and retail uses (DRB File No. 19-0424)(the"Development"):
Pagelof3
Page 368 of 1095
Folio Address Legal Description
02-3211-002- 326 71 st Street Lot 1, Block 12
0850
02-3211-002- 6985 Abbott Lot 2, Block 12
0860 Avenue
Q2-3211-002- Vacant Lot 3, Block 12
0870
02-3211-Q02- Vacant Lot 4, Block 12
' 0880
02-3211-002- 6961 Abbott Lot 5, B(ock 12
0890 Avenue
02-3211-002- 6972 Harding Lot 16, Block 12
0920 Avenue�
02-3211-002- 300 71st Street Lot 17-18, Block 12
0930
02-3211-002- 6957 Byron Lot 5, Block 13
0990 Avenue
02-3211-002- 6948 Abbott Lot 7, Block 13
1010 Avenue
02-3211-002- 6856 Abbott Lot 8, Block 13
1020 Avenue
02-3211-002- 6964 Abbott Lot 9, Block 13
1030 Avenue
02-3211-002- 6972 Abbott Lot 10, Block 13
1040 Avenue
02-3211-002- 6986 Abbott Lot 118�12, Block
1050 Avenue Less he W50'
thereof
Page 2 of 3
Page 369 of 1095
The Developer has requested that the City execute a Termination and Release Agreement of the
City's Private Easement and that the City release its interest in the Platted Easement, fying within
the property limits of the Deveioper's Properties (collectively, the"Impacted Easement Areas"), in
that,the proposed Development wil!encompass the Impacted Easement Areas (the"Developer's
Request"). the City's Private Easement contains electrical and water facilities and the Platted
Easement contains water facilities. Attached are lette�s of no objection from utifity and
telecommunications companies that service the Developer's Properties and adjoining impacted
properties ("Adjoining Impacted Properties"). The Adjoining Impacted Properties shall mean: Lots
1, 2, 6, and the west 5Q feet of Lots 1 and 12, of Block 13; and Lots 6, 13, 14, and 15 of Block 12.
In connection with the Developer's Request, Developer, at its sole cost and expense, shall be
responsible for the removal, relocation, and replacement of the utility facilities located within the
Developer's Properties and Adjoining Impacted Properties, subject to approval, by the City, of the
new locati�ns and the type of new utility facilities to be installed (the"Utility Facilities Relocation
Project"). Since the Impacted Easement Areas afso seroe the Adjoining Impacted Properties,
Developer has agreed to: {1)construct new utElity facilities, as may be requested by the City,that
will provide the required functionality and capacity for the Developer Properties and Adjoining
Impacted Properties; (2) secure all required consents to conduct work on the Adjoining Impacted
Prope�ties in connection with the Utility Facilities Relocation Project, which may include the
relocation of some utility facility components lying within the Adjoining Impacted Properties
including, without limitation, water andlor irrigation facilities and meters; and (3) not commence
the foundation or clearing work on the.Developer's Properties until such time as the Developer
has completed the Utility Facilities Relocation Project. Developer shall also pay for any costs
associated with the City's approval of the new utility easements including, without limitation,
recording fees, title search fees, and professional services related to the preparation of surveys,
opinions of title and any other additional costs re{ated to the Development approvai process.
Thank you in advance for your thoughtful consideration. If you have any questions or need
additional information, piease contact me at (262} 271-0932 or via email at
� bstigler@pac�cstarcapital.com.
Respectfully,
North Beach Town Center Development, LLC
Benjamin Stigler,
�
Page 3 of 3
Page 370 of 1095