HomeMy WebLinkAboutResolution 2026-340722026-34072
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE
FOLLOWING PERPETUAL UTILITY EASEMENT AGREEMENTS FROM 3900
ALTON ROAD OWNER, LLC (OWNER/GRANTOR) TO THE CITY (GRANTEE),
FOR USE OF THE FOLLOWING EASEMENT AREAS ON OWNER'S
PROPERTY, LOCATED AT 3900 ALTON ROAD, LYING IN A PORTION OF LOT
54, BLOCK 1, OF NAUTILUS SUBDIVISION, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 8, AT PAGE 95, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND A PORTION OF
SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST, IN MIAMI-DADE
COUNTY, AS MORE PARTICULARLY DESCRIBED IN EACH RESPECTIVE
EASEMENT AGREEMENT: (1) THE USE OF AN EASEMENT AREA HAVING
APPROXIMATELY 156 SQUARE FEET, TO ACCESS, CONSTRUCT, INSTALL,
OPERATE, MAINTAIN, REPAIR, REPLACE, AND UPGRADE A WATER
METER AND RELATED INFRASTRUCTURE ON THE PROPERTY; AND (2)
THE USE OF AN EASEMENT AREA HAVING APPROXIMATELY 2,083.911
SQUARE FEET, TO ACCESS, CONSTRUCT, INSTALL, OPERATE, MAINTAIN,
REPAIR, REPLACE, AND UPGRADE A SEWER MAIN INFRASTRUCTURE;
FURTHER, AUTHORIZING THE CITY MANAGER TO FINALIZE THE
EASEMENT AGREEMENTS; AND FURTHER, UPON COMPLETION OF
SUCCESSFUL NEGOTIATIONS, AUTHORIZING THE CITY MANAGER AND
THE CITY CLERK TO EXECUTE THE EASEMENTS.
WHEREAS, 3900 Alton Road Owner LLC, a Delaware limited liability company (the
"Owner" or "Grantor") is the owner of the property located at 3900 Alton Road, Miami Beach
("Property"); and
WHEREAS, Owner has obtained approval from the City's Design Review Board ("DRB")
(under DRB File No. DRB21-0664), for the construction of a multi -family building on the Owner's
Property (the "Development"); and
WHEREAS, Owner has already constructed and installed the sewer main infrastructure
within the Property line; however, Miami -Dade County ("County") has required that an easement
in favor of the City be granted by Owner, in that, the City is the local jurisdiction for public works
infrastructure; and
WHEREAS, in connection with the Development, the Grantor has agreed to convey to the
City the following Perpetual Utility Easement Agreements for use of the following Easement Areas
on Owner's Property, lying in a portion of Lot 54, Block 1, of Nautilus Subdivision, according to
the Plat thereof, as recorded in Plat Book 8, at Page 95, of the Public Records of Miami -Dade
county, Florida, and a portion of Section 27, Township 53 South, Range 42 East, in Miami -Dade
County, as more particularly described in each respective Easement Agreement:
(1) a Perpetual Easement Agreement for the water meter and related infrastructure
("Water Meter Easement Agreement"), including the sketch and legal description of
the Easement Area is attached to the City Commission Memorandum accompanying
this Resolution as Exhibit "A"; said Easement Area having an Easement Area
measuring twelve (12) feet by thirteen (13) feet, containing approximately 156.0
square feet or 0.0036 acres, to access, construct, install, operate, maintain, repair,
replace, and upgrade a water meter and related infrastructure to serve such Property,
together with the non-exclusive right of ingress, egress and regress on, over and
through the Grantor's Property for access to the Easement Area; and
(2) a perpetual Easement Agreement required by the County for the sewer main
infrastructure ("Sewer Main Easement Agreement"), including the sketch and legal
description of the Easement Area, copy of which is attached to the City Commission
Memorandum accompanying this Resolution as Exhibit "B"; said Easement Area with
a width varying between ten (10) and fifteen (15) feet, containing approximately
2,083.911 square feet or 0.0478 acres, to access, construct, install, operate, maintain,
repair, replace, and upgrade a below -ground sewer main, together with the non-
exclusive right of ingress, egress and regress on, over and through the Grantor's
property for access to the Easement Area; and
WHEREAS, notwithstanding this requirement by the County, the Sewer Main Easement
Agreement requires the Owner, its successors and/or assigns will be responsible for operating,
maintaining, repairing, replacing and upgrading the sewer main infrastructure located within the
Property line (Owner's Maintenance Responsibility"), unless the City, at the City Manager's
discretion, opts to perform Owner's Maintenance Responsibility at Owner's expense; and
WHEREAS, the City Manager recommends approving, in substantial form, the proposed
Water Meter Easement Agreement and the Sewer Main Easement Agreement; further, authorizing
the City Manager to finalize negotiations; and further, following completion of successful
negotiations, authorizing the City Manager and City Clerk to execute the Easement Agreements.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby approve, in substantial form, the following Perpetual Utility Easement Agreements from
3900 Alton Road Owner, LLC (Owner/Grantor) to the City (Grantee), for use of the following
Easement Areas on Owner's property, located at 3900 Alton Road, lying in a portion of Lot 54,
Block 1, of Nautilus Subdivision, according to the Plat thereof, as recorded in Plat Book 8, at Page
95, of the Public Records of Miami -Dade County, Florida, and a portion of Section 27, Township
53 South, Range 42 East, in Miami -Dade County, as more particularly described in each
respective Easement Agreement: (1) the use of an Easement Area having approximately 156
square feet, to access, construct, install, operate, maintain, repair, replace, and upgrade a water
meter and related infrastructure on the Property; and (2) the use of an Easement Area having
approximately 2,083.911 square feet, to access, construct, install, operate, maintain, repair,
replace, and upgrade a sewer main infrastructure; further, authorize the City Manager to finalize
the Easement Agreements; and further, upon completion of successful negotiations, authorize the
City Manager and the City Clerk to execute the Easements.
PASSED and ADOPTED this S day of Fthru4r` 026.
ATTEST:
// � I FEB A 202G
Rafael E. Granado, City Clerk
9
Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& OR EXECUTION
City Attorney Date
Resolutions - C7 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: February 5, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE
FOLLOWING PERPETUAL UTILITY EASEMENT AGREEMENTS FROM 3900
ALTON ROAD OWNER, LLC (OWNER/GRANTOR) TO THE CITY (GRANTEE),
FOR USE OF THE FOLLOWING EASEMENT AREAS ON OWNER'S PROPERTY,
LOCATED AT 3900 ALTON ROAD, LYING IN A PORTION OF LOT 54, BLOCK 1,
OF NAUTILUS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 8, AT PAGE 95, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, AND A PORTION OF SECTION 27, TOWNSHIP
53 SOUTH, RANGE 42 EAST, IN MIAMI-DADE COUNTY, AS MORE
PARTICULARLY DESCRIBED IN EACH RESPECTIVE EASEMENT AGREEMENT:
(1) THE USE OF AN EASEMENT AREA HAVING APPROXIMATELY 156 SQUARE
FEET, TO ACCESS, CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR,
REPLACE, AND UPGRADE A WATER METER AND RELATED
INFRASTRUCTURE ON THE PROPERTY; AND (2) THE USE OF AN EASEMENT
AREA HAVING APPROXIMATELY 2,083.911 SQUARE FEET, TO ACCESS,
CONSTRUCT, INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE, AND
UPGRADE A SEWER MAIN INFRASTRUCTURE; FURTHER, AUTHORIZING THE
CITY MANAGER TO FINALIZE THE EASEMENT AGREEMENTS; AND FURTHER,
UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS, AUTHORIZING THE
CITY MANAGER AND THE CITY CLERK TO EXECUTE THE EASEMENTS.
RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND/HISTORY
3900 Alton Road Owner LLC, a Delaware limited liability company (the "Owner" or "Grantor") is
the owner of the property located at 3900 Alton Road, Miami Beach ("Property").
The Grantor has obtained approval from the City's Design Review Board ("DRB") (under DRB
File No. DRB21-0664), for the construction of a multi -family building on the Grantor's Property
(the "Development"). Owner has already constructed and installed the sewer main infrastructure
within the Property line; however, Miami -Dade County ("County") has required that an easement
in favor of the City be granted by Owner, in that, the City is the local jurisdiction for public works
infrastructure.
ANALYSIS
In connection with the Development, the Grantor has agreed to convey to the City the following
Perpetual Utility Easement Agreements for use of the following easement areas on Owner's
Property, lying in a portion of Lot 54, Block 1, of Nautilus Subdivision, according to the Plat thereof,
as recorded in Plat Book 8, at Page 95, of the Public Records of Miami -Dade county, Florida, and
a portion of Section 27, Township 53 South, Range 42 East, in Miami -Dade County, as more
particularly described in each respective Easement Agreement:
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(1) Water Meter Infrastructure:
A perpetual easement, having an Easement Area measuring twelve (12) feet by thirteen (13) feet,
containing 156.0 square feet or 0.0036 acres, approximately; to access, construct, install, operate,
maintain, repair, replace, and upgrade a water meter and related infrastructure to serve such
Property, together with the non-exclusive right of ingress, egress and regress on, over and
through the Grantor's Property for access to the Easement Area ("Water Meter Easement
Agreement"). A copy of the draft Water Meter Easement Agreement for the water meter and
related infrastructure, including the sketch and legal description of the Easement Area is attached
hereto as Exhibit "A".
(2) Sewer Main Infrastructure:
A perpetual easement required by the County, having an Easement Area with a width varying
between ten (10) and fifteen (15) feet, containing approximately 2,083.911 square feet or 0.0478
acres, to access, construct, install, operate, maintain, repair, replace, and upgrade a below -
ground sewer main, together with the non-exclusive right of ingress, egress and regress on, over
and through the Grantor's property for access to the Easement Area ("Sewer Main Easement
Agreement"). A copy of the draft Sewer Main Easement Agreement, including the sketch and
legal description of the Easement Area is attached hereto as Exhibit "B".
Notwithstanding this requirement by the County, the Sewer Main Easement Agreement requires
Owner, its successors and/or assigns will be responsible for operating, maintaining, repairing,
replacing and upgrading the sewer main infrastructure located within the Property line ("Owner's
Maintenance Responsibility"), unless the City opts to perform Owner's Maintenance responsibility
at Owner's cost.
The Administration recommends approving, in substantial form, the proposed Perpetual Utility
Easement Agreement for the water meter and related infrastructure, and the proposed Perpetual
Utility Easement Agreement related to the sewer main infrastructure, contingent upon Owner
executing the Maintenance Agreement; further, authorizing the City Manager to finalize
negotiations; and further, following completion of successful negotiations, authorizing the City
Manager and City Clerk to execute the Easement Agreements.
FISCAL IMPACT STATEMENT
No fiscal impact
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
No fiscal impact
CONCLUSION
The Administration recommends adopting the Resolution.
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Applicable Area
Middle Beach
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481.
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s)
Department
Public Works
Sponsor(s)
Co-sponsor(s)
Condensed Title
Approve Perpetual Utility Easement Agreements for 3900 Alton Road. PW
Previous Action (For City Clerk Use Only)
363 of 2180
EXHIBIT "A"
This instrument prepared by:
Name: Ricardo J. Dopico, City Attorney
Address: Office of the City Attorney
1700 Convention Center Drive, 41" Floor
Miami Beach, Florida 33139
(Space reserved for Clerk)
PERPETUAL UTILITY EASEMENT AGREEMENT
FOR DOMESTIC WATER METER
THIS PERPETUAL UTILITY EASEMENT AGREEMENT FOR DOMESTIC WATER
METER (the "Agreement") is made this day of , 2026 ("Effective Date"),
between 3900 ALTON ROAD OWNER LLC, a Delaware limited liability company, as owner
and grantor, and its successors and assigns (hereinafter called "Grantor) and the CITY OF MIAMI
BEACH, FLORIDA, a municipal corporation of the State of Florida (the "City"), as grantee, and its
successors and assigns (hereinafter called the "City").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain improved real property located within the
City's municipal jurisdiction, with a street address of 3900 Alton Road, and more particularly
described in EXHIBIT "A", attached hereto and made a part hereof (the "Grantor's Property"); and
WHEREAS, Grantor obtained approval from the City's Design Review Board
("DRB') (under DRB File No. DRB21-0664) for the construction of a multi -family building on the
Grantor's Property (the "Development"); and
WHEREAS, in connection with the Development, Grantor has agreed to convey to the City
a perpetual non-exclusive Easement (as defined in Section 2 below) for the City to access,
construct, install, operate, maintain, repair, replace and upgrade the water meter and related
infrastructure (collectively, the 'City's Utility Infrastructure"), together with the non-exclusive right
of ingress, egress and regress on, over and through Grantor's Property for access to the Easement
Area; and
WHEREAS, on *****''***********************, the Mayor and City Commission adopted
Resolution No. authorizing the City Manager to accept this Easement
(as defined in Section 2) on the Grantor's Property.
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NOW THEREFORE, for and in consideration of ten and no/100 dollars ($10.00) and other
good and valuable consideration, the receipt of which is acknowledged, the parties hereby mutually
covenant and agree as follows:
GRANT OF EASEMENT
1. Recitals. The above recitals are true and correct and are hereby incorporated into
this Agreement.
2. Consideration and Description. the Grantor, for and in consideration of the City's
Utility Infrastructure related to Grantor's Development, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, a
perpetual easement (the "Easement") 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, install, operate, maintain, repair, replace
and upgrade the City's Utility Infrastructure, together with 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 City 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 for taking readings, inspecting the Water Meters, and performing work
in connection with the construction, installation, operation, maintenance, repair, replacement and
upgrade of the City's Utility Infrastructure. The City may utilize the Easement Area without 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 unreasonably interfere with the exercise by the City of the rights
granted under this Agreement. Notwithstanding anything to the contrary contained herein, Grantor
shall be prohibited from obstructing the City's access to, or use of, the Easement Area. Grantor
shall not construct, or permit to be constructed, any structure or improvement, or otherwise
encroach on or over the Easement Area ("Unpermitted Encroachments") without the prior written
consent of the City Manager's designee, except that Grantor shall be permitted to install
landscaping/irrigation, lighting, concrete curbs, sidewalks, pavers, and a retaining wall within the
Easement Area (the "Permitted Encroachments") (collectively, "Easement Encroachments").
4. Inspection. It is hereby agreed that any City official 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 City, its successors and assigns for the purposes stated herein,
unless modified or released with the approval and act of the City Commission.
6. Maintenance.
6.1 At all times during the Term, the City's Utility Infrastructure shall remain property of
the City and the City, at its sole cost and expense, shall maintain the City's Utility Infrastructure
and shall make all repairs as deemed necessary by the City, in its reasonable discretion.
2
365 of 2180
6.2 Damages to Easement Encroachments. If the City's work requires removal of the
existing Easement Encroachments, then the City, at the sole discretion of the City Manager's
designee, will remove the required portions of the Easement Encroachments at the Grantor's
expense or request that Grantor remove the Easement Encroachments at Grantor's expense. In
connection with the City's access to the City's Utility Infrastructure pursuant to this Agreement, the
City shall not be liable for the replacement of any Easement Encroachments, including, without
limitation, decorative features, pavers, lighting, or landscape, and will only be responsible for
restoring the Easement Area and any affected surrounding areas to sod/grass. Upon the City
completing its work, Grantor, at Grantor's expense, shall be required to repair or replace the
affected portions of the Easement Encroachments and surrounding areas.
6.3 Damage to the City's Utility Infrastructure or Grantor's Property. Grantor shall be
responsible for reimbursing the City for any damage caused to the City's Utility Infrastructure by
Grantor, its officers, employees, contractors, agents and invitees. The City shall use reasonable
efforts to perform the City's Work under this Agreement without causing damage to Grantor's
Property; however, the City shall not be responsible for any damage to the Grantor's Property as
a result of the City's work.
7. Notices. All notices, requests, consents and other communications required
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)
by registered or certified mail (postage prepaid), return receipt requested; or sent by any form of
overnight mail service, addressed to:
AS TO GRANTOR: 3900 Alton Road Owner LLC
Attn: Ron Hoyl, Vice President
3953 Maple Avenue, Ste. 300
Dallas, TX 75219
E-Mail: ron@rockpoint.com
WITH COPIES TO: 3900 Alton Road Owner LLC
Attn: Daniel Domb and Joseph Goldman
500 Boylston Street, 21 st Floor
Boston, MA 02116
Email: Dan@rockpoint.com and JG@rockpoint.com
Mast Capital, Inc.
Attn: Eran Landry, Managing Director
2601 South Bayshore Drive, Ste. 850
Miami, FL 33133
Bercow Radell Fernandez Larkin & Tapanes
Attn: Michael Larkin, Esq. .
200 S Biscayne Boulevard
Miami, Florida 33131
Email: mlarkin@brzoninglaw.com
366 of 2180
AS TO THE CITY: City of Miami Beach, Florida
Attn: City Manager
1700 Convention Center Drive, 41 Floor
Miami Beach, FL 33139
WITH COPIES TO: City of Miami Beach, Florida
Attn: City Attorney
1700 Convention Center Drive, 4" Floor
Miami Beach, FL 33139
and
City of Miami Beach
Attn: City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal
delivery; (ii) on the date upon which the return 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 overnight mail service.
Notifications to the City for the coordination and administration of this Agreement may be sent via
email to the City's Public Works Department Director ("City Manager's designee") or such other
person as may be designated in writing to Grantor by the City Manager or the City Manager's
designee.
8. Miscellaneous Terms and Conditions
8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of
the City's Right of sovereign immunity.
8.2 Construction. For purposes of construction by a Court, the parties hereto
acknowledge that both parties hereto participated in the drafting of this document.
8.3 City's Governmental Capacity/No Waiver of City Police Powers. Grantor confirms
that it has full power and authority to grant this Easement. Nothing in this Agreement or in the
parties' acts or omissions in connection herewith shall be deemed in any manner to waive,
impair, limit, or otherwise affect the authority of the City 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 City 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 Assigns. This Agreement shall be binding upon, and inure to the
benefit of, Grantor and the City and their respective successors and assigns.
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367 of 2180
8.6 Entire Agreement; Modifications. This Agreement sets forth the entire agreement
between the parties specifically relating to the subject matter of the Easement granted hereby and
there are no other agreements or understandings between them relating to the City's use of the
Easement Area. This Agreement may not be modified, released or terminated, except by
agreement in writing executed by the parties hereto or their respective successors and/or assigns,
and in the case of the City, approved by the Mayor and City Commission of the City of Miami
Beach.
8.7 Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Florida, both substantive and remedial, without regard to
principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami -Dade County, Florida, if in state court, and the U.S. District Court for the Southern
District of Florida, if in federal court.
8.8 Grantor Representations. Grantor covenants, warrants and represents (i) that
Grantor is the fee simple owner of Grantor's Property and has the right title and capacity to grant
the perpetual Easement granted herein, and (ii) there are no lienholders on the Grantor's Property,
except for mortgagees as set forth in the public records of Miami -Dade County, and which have
joined and consented to this Agreement.
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 Recording. This Agreement shall be recorded in the Public Records of Miami -Dade
County, Florida by the City at the cost of Grantor.
TO HAVE AND TO HOLD the same unto the City, 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]
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IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in
its name on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Signature
M
Print Name Name:
Address Title: Authorized Signatory
Signature
Print Name
Address
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The forgoing instrument was acknowledged before me by means of _ physical
presence or online notarization this day of 2026, by
*************'******""***"•'* as Authorized Signatory of **•*•'*`•"`**••••"'*••*••*` a Delaware
limited liability company, on behalf of said corporation, who is personally known to me or produced
as identification.
My Commission Expires:
Print Name:
Notary Public, State of Florida
[NOTARIAL SEAL]
369 of 2180
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:
Signature
Print Name
Address
Signature
Print Name
Address
) SS:
COUNTY OF MIAMI-DADE )
ATTEST:
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation of the State of
Florida
By:
Name: Eric Carpenter
Title: City Manager
Signature
Rafael E. Granado, City Clerk _
Print Name
STATE OF FLORIDA
The forgoing instrument was acknowledged before me by means of physical
presence or _ online notarization this _ day of , 2026, by Eric 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.
My Commission Expires:
7
Print Name:
Notary Public, State of Florida
[NOTARIAL SEAL]
370 of 2180
Mortgagee Joinder and Consent
to
Perpetual Utility Easement Agreement
For Domestic Water Meter
PNC Bank, National Association ("Mortgagee"), as owner and holder of that certain Mortgage,
Assignment of Leases and Rents, Security Agreement and Fixture Filing from 3900 Alton Road
Owner, LLC, a Delaware limited liability company ("Mortgagor") to Mortgagee, dated November
16, 2022 and recorded on November 17, 2022, in Official Records Book 33471, at Page 1066, of
the Public Records of Miami -Dade County, Florida ("Public Records"); an Assignment of Leases
and Rents from Mortgagor to Mortgagee, dated November 16, 2022 and recorded on November
17, 2022, in Official Records Book 33471, at Page 1092 of the Public Records; and a UCC Security
Agreement from Mortgagor to Mortgagee, recorded on November 17, 2022, in Official Records
Book 33471, at Page 1100 of the Public Records (collectively, the "Mortgage"), hereby joins in and
consents to the granting of this Perpetual Utility Easement Agreement for Domestic Water Meter
(this "Agreement") in favor of the City of Miami Beach, Florida, a municipal corporation organized
and existing under the laws of the State of Florida, encumbering the Mortgagor's property, located
at 3900 Alton Road, Miami Beach, Florida 33140 ("Mortgagor's Property"), all in accordance with
the terms and conditions set forth in this Agreement. Mortgagee agrees to subordinate its lien and
effect of its security interest encumbering Mortgagor's Property to this Agreement, so that in the
event Mortgagee or any other party shall obtain title to the Mortgagee's Property through
foreclosure or deed -in -lieu of foreclosure, this Agreement shall be binding upon the entity obtaining
title as the then owner of Mortgagor's Property.
Witnesses PNC Bank
By:
Print Name:
By:
Print Name:
State of_
County of
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me by means of ( ) physical
presence or ( ) online notarization on this day of May, 202 by
to me or, ( ) produced a
as on behalf of PNC Bank, a
on behalf of said company. He or she is ( ) personally known
driver's license as identification.
Notary Public — State of
Print Name;
My Commission Expires:
371 of 2180
Exhibit "A"
Grantor's Property
All of Lot 53 and a portion of Loi.-; 52, 54 and 55, Block I of NAUTILUS SUBDIVISION,
according to the Plat thercof as recorded in Plat Book 8 at Page 95, and a portion of Lot D of RF-
SUBiDIVI5ION 01= LOTS 48. 49. 50 AND 51 OF 11I.(XX 1, NAUTILUS SUBDIVISION.
according to the flat thereof as rrcordtd in Plat Book 35 at Page 46 of the Public: Records of Miami
- Dade County, Florida. and a portion of Sections 22 and 27 in Township 53 South, Range 42 F:ast,
City of Miami Beach, Miami -Dade County, Florida, and being more particularly described as
follows:
Begin at the Southeast comer of said Lot 54 of Block 1 of NAUTILUS SUBDIVISION; thence
North 0' t V 22" East along the Easterly line of said Lots 52. 53 and 54, also being the Westerly
Right -of -Way line of Alton Road (State Road 907) as shown on the Florida Department of
Transportation Right -of -Way Map Section 87090-2402 dated 12-2009, Sheet 16 of 18. for 228.03
feet; thence North 80' 48' 38" West for 269.11 fee(; thence (Forth 09' 11' 22" East for 144.42 fret;
thence South 55' 48' 22" West along the Southeasterly Right -of -Way line of the Julia Tuttle
Causeway per State Road 1121I-195 of said Florida Departni nt of I'm sportation Right -of -Way
Map Section No. 87090-2402, Sheet 16 of 19. for 90.82 feet; thence South 05" 59' 59" East for
62.09 fix-t; thence South 23' 11' 59" West for 161.81 feet; the following two (2) courses being
along the Northerly lx)un&Ary of Alton Road (State Roml No. 25), as shown on said Florida
Department of Transportation Right -of -Way Map; (1) South 54' 07 39" East for 162.79 feet to a
paint on a circular curve; (2) thence Southeasterly along a 600.92 I`bot radius curve leading to the
right, through a central angle of 69' 57 10" tar an arc distam:e of 104.39 feet; thence South 76'
03' 16" East for 7165 feet; thence North 41 ° 11' 22" lust along the existing Limited Access Right -
of -Way line of the Westerly Right -of --Way line of said Alton Road (State Road 907) as shown on
said Right -of Way Map Section 87090-2402 for 48.00 foot; thence South 80' 48' 38" East along
the Southerly line of said I .ot 54 for 26.00 feet to the Point of Beginning.
9
372 of 2180
Exhibit "B"
Easement Area
10
373 of 2180
EXHIBIT "B°
WATER EASEMENT
3900 ALTON
3900 ALTON RD. MIAMI BEACH, FL 33140
SURVEYOR'S NOTES:
• THIS IS NOT A BOUNDARY SURVEY
• LEGAL DESCRIPTION PROVIDED BASED ON RECORDED CONDITIONS
AND 4000 ALTON RD LEGAL DESCRIPTION (O R,B. 29338. PG. 3647)
• BEARING AND DISTANCES ALONG WELL ESTABLISHED AND RECORDED
LINE
• EASEMENT CALCULATED GEOMETRY USE THE BASIS OF BEARING AS
PER PLAT
• BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF ALTON
ROAD (STATE ROAD No. 907) R1W MAP SEC. 870W2402, SHEET 16 OF 18)
SOUTH BOUND ALSO SHEET 2 OF 2) (P.B. 83, PG. 43)
MIAMI-DARE COUNTY PUBLIC RECORDS.( NOW 1'22`E (RECORD)
• THE INTENT OF THIS EASEMENT IS TO ENCOMPASS THE RECENTLY
INSTALLED 8' DIP WATER SERVICE AND RELATED FACILITIES AS SHOWN
ON THE WATER AS -BUILT, PREPARED BY DOCAMPO SURVEYING
SERVICES LLC
• MIN. VERTICAL CLEARANCE OF THIS EASEMENT IS 25FT. ABOVE FINISHED
GROUND LEVEL
• THIS EASEMENT STRIP FORMS A CLOSED GEOMETRIC FIGURE
LOCATION MAP
NOT TO SCALE
=7—T53S—R42E
' ARTHUR
W sores I
C
W 3 ST
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~3457 AMP
LEGEND:
1. P.O. B denotes Point of Beginning
1. P.O. C denotes Point of Commencement.
3. P.O. T denotes Point of Termination
4. R/W denotes Right of Way
5. P/L Property Line
6. CIL Centerline
7. MIL Monument Line
S. P. B. denotes Plat Book
9. PG. denotes Page
10. PC denotes Point of Curve
11. PCC denotes Point of Concave Curvature
12. R denotes Curve Radius
13. L denotes Length of Curve
14. d denotes Angle of curve
15. MD-WASD denotes Miami -Dade County Water and Sewer Department
16. REC. denotes Records
17. M.D. C.R. denotes Miami -Dade County Records Alfredo
18. S/L SECTION LINE
• A
SURVEYOR'S CERTICATE:
1 HEREBY CERTIFY: that the LEGAL AND SKETCH of the Property described
hereon was made under my supervision and that the LEGAL AND SKETCH meets
the Standards of Practice set forth by the Florida Board of Professional Land
Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code pursuant
to Section 472.027, Florida Statutes. That the Sketch hereon is true and correct
to the best of my knowledge and belief. Subject to notes and notations shown
hereon. This Sketch does not represent a Land Survey.
�uuniui ,
Digitally signedOV.-'�CENs •;
Alfredo Diaz +►: . * i
Date: 2026013t': MO L =
•n-
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•'�'! •; O R l � •'fit-
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BY ALFREDO DL4I, LS 690.3
Professional Surveyor and Mapper
STATE OF FLORIDA
""` DOCAM/d J4fYEY/MO JEAY/CEJ [[C CITY OF MIAMI BEACH WATER AND SEWER
olz9Rs AD LB8441
)u>.rze AD 4167N.E 30M Stn•et DEPARTMENT
/,bmestead Fhrrda -1303.7 WATER EASEMENT
Eman : abcamRzsun�ey/nq�yrn�/.mm LOCATION MAP & SURVEYOR'S NOTES
1 DRAWN DATE: 01-14-2025 1
374 of 2180
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SALE
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WATER EASEMENT
3900 ALTON
3900 ALTON RD. MIAMI BEACH, FL 33140
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Date:2026.01.16
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Nome+stead, Florida .1.1033
Emai/: doramposumeyinyoymadcom LOCATION MAP & SURVEYOR'S NOTES
375 of 2180
14
WATER EASEMENT
3900 ALTON
3900 ALTON RD. MIAMI BEACH, FL 33140
LEGAL DESCRIPTION:
A STRIP OF LAND LAYING ON A PORTION OF LOT 54, BLOCK 1 OF NAUTILUS SUBDIVISION, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8 AT PAGE 95, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 54 OF BLOCK 1 OF NAUTILUS SUBDIVISION; THENCE
NORTH 09*11'22" EAST ALONG THE EASTERLY LINE OF SAID LOT 54, ALSO BEING THE WESTERLY
RIGHT-OF-WAY LINE OF ALTON ROAD (STATE ROAD 907) AS SHOWN ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY MAP SECTION 87090-2402 DATED 12-2009, SHEET 16 OF 18, FOR 5.07 FEET
TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CITY OF MIAMI BEACH WATER EASEMENT;
THENCE RUN NORTH 80'45'13* WEST FOR 13.03 FEET TO A POINT; THENCE RUN NORTH 09' 14'47'EAST FOR
A DISTANCE OF 12.0 FEET TO A POINT; THENCE RUN SOUTH 80*45'13" EAST FOR 13.02 FEET TO A POINT,
THENCE RUN SOUTH 09*112T WEST FOR A DISTANCE OF 12.0 FEET TO A POINT OF BEGINNING OF THE CITY
OF MIAMI BEACH WATER EASEMENT.
OF ALL OF THE ABOVE LAYING AND BEING IN SECTION 27, TOWNSHIP 53 SOUTH RANGE 42 EAST IN MIAMI
DADS COUNTY. FLORIDA.
CONTAINING 156.0 SQUARE FEET OR 0.0036 ACRES, APPROXIMATELY.
'b P• MO. t •W�
9 srn o
Alfredo Digitally5igned <0R1
•y�.,,.
by Alfredo Diaz "''•4su"'v"".�
Date: 2026.01.16 B r ALFREDO DIAZ, L5 6903
Diaz
15:48:36-05'00' professional surveyor and Mapper
STATE OF FLORIDA
" �' aoc�rro aacrcri�e tc,raccs ctc CITY OF MIAMI BEACH WATER AND SEWER
0/14125. AD L88442 DEPARTMENT
o1n•na. AO 4167N.E 30ffistreet
Homestead, Flonda 33033 WATER EASEMENT
Email.: do�fmposurkyrny�ma/cpm LOCATION MAP & SURVEYOR'S NOTES
376 of 2180
EXHIBIT "B"
This instrument prepared by:
Name: Ricardo J. Dopico, City Attorney
Address: Office of the City Attorney
1700 Convention Center Drive, 41h Floor
Miami Beach, Florida 33139
(Space reserved for Clerk)
PERPETUAL UTILITY EASEMENT AGREEMENT
INVOLVING SEWER MAIN
THIS PERPETUAL UTILITY EASEMENT AGREEMENT INVOLVING A SEWER MAIN
(the 'Agreement") is made this day of , 2026 ("Effective Date"), between
3900 ALTON ROAD OWNER LLC, a Delaware limited liability company, as owner and
grantor, and its successors and assigns (hereinafter called "Grantor") and the CITY OF MIAMI
BEACH, FLORIDA, a municipal corporation of the State of Florida (the "City"), as grantee, and its
successors and assigns (hereinafter called "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner of that certain improved real property located within the
City's municipal jurisdiction, with a street address of 3900 Alton Road, Miami Beach, Florida 33140,
and more particularly described in EXHIBIT "A", attached hereto and made a part hereof (the
"Grantor's Property"); and
WHEREAS, Grantor obtained approval from the City's Design Review Board
("DRB") (under DRB File No. DRB21-0664) for the construction of a multi -family building on the
Grantor's Property (the "Development"); and
WHEREAS, Grantor has already constructed and installed the sewer main infrastructure
within Grantor's Property line; however, Miami -Dade County ("County") has required that Granto
convey the sewer infrastructure to the City and grant an easement in favor of the City, in that, the
City is the local jurisdiction for public works infrastructure; and
WHEREAS, in connection with the Development, and as required by the County, Grantor
has agreed to convey to the City the constructed sewer infrastructure, grant a perpetual, non-
exclusive Easement (as defined in Section 2 below) for the City to access, construct, install,
operate, maintain, repair, replace, expand and upgrade the sewer main infrastructure (collectively,
the "City's Utility Infrastructure"), together with the non-exclusive right of ingress, egress and
regress on, over and through Grantor's Property for access to the Easement Area; and
WHEREAS, notwithstanding this requirement by the County, Grantor, its successors and/or
assigns will be responsible for operating, maintaining, repairing, replacing, expanding and
upgrading, as necessary to serve Grantor's Property, the City's Utility Infrastructure located within
377 of 2180
Grantor's Property line (collectively, "Grantor's Maintenance Responsibilities"), as more particularly
set forth in Section 6; and
WHEREAS, on *"*""****"*"*`«**"""'"«*' the Mayor and City Commission adopted
Resolution No. **«"""`«`*..««`*`»`**«*`«* authorizing the City Manager to accept this Easement
(as defined in Section 2) on the Grantor's Property.
NOW THEREFORE, for and in consideration of ten and no/100 dollars ($10.00) and other
good and valuable consideration, the receipt of which is acknowledged, the parties hereby mutually
covenant and agree as follows:
GRANT OF EASEMENT
1. Recitals. The above recitals are true and correct and are hereby incorporated into
this Agreement.
2. Consideration and Description. the Grantor, for and in consideration of being
permitted to install the City's Utility Infrastructure within Grantor's private property in connection
with related to Grantor's Development, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, hereby grants to the Grantee, a perpetual non-
exclusive easement (the "Easement") 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, install, operate, maintain, repair, replace
and upgrade the City's Utility Infrastructure, together with 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 for taking readings, inspecting the Sewer Main, and
performing work in connection with the construction, installation, operation, maintenance, repair,
replacement and upgrade of the City's Utility Infrastructure, as more particularly described in
Section 6.
3.2 The Grantor shall have the right to full use and enjoyment of Grantor's Property,
except for such use as may unreasonably interfere with the exercise by the Grantee of the rights
granted under this Agreement. Notwithstanding anything to the contrary contained herein, 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 otherwise
encroach on or over the Easement Area ("Unpermitted Encroachments") without the prior written
consent of the Grantee, except that Grantor shall be permitted to install other utility infrastructure
that does not require digging deeper than one (1) foot below the ground, asphalt,
landscaping/irrigation, lighting, concrete curbs, sidewalks, pavers, drainage, a retaining wall, and
a vehicular gate within the Easement Area (the "Permitted Encroachments") (collectively,
"Easement Encroachments").
4. Inspection. It is hereby agreed that any City official has the right, during normal
business hours, to enter and investigate the use of the Grantor's Property to verify compliance with
2
378 of 2180
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 modified or released with the approval and act of the City Commission.
6. Maintenance.
6.1 At all times during the Term, the City's Utility Infrastructure shall remain property of
the City; however, Grantor, at its sole cost and expense, shall maintain the City's Utility
Infrastructure and shall make all repairs, replacements and upgrades (i) as deemed necessary by
Grantee in its reasonable discretion; (ii) as may be required to comply with the City's Building,
Public Works, Zoning and Land Development Regulations standards; (iii) as required by industry
standards for similar infrastructure; and (iv) at all times as may be required by applicable Federal,
State, County and local laws and regulations and applicable permits. When competing standards
apply, Grantor shall be required to comply with the most stringent standard. At minimum, but
without limitation, Grantor shall perform cleaning and CCTV Inspections of the City's Utility
Infrastructure system once every two years. Grantor shall submit to the City Manager's designee
(as identified in Section 7) a report ("Maintenance Report") due by January 3111 of every other
calendar year ("Reporting Period"), with the first Reporting Period being less than two (2) years, as
to any work including, without limitation, maintenance, repair or replacement work which Grantor
has performed on the City's Utility Infrastructure during the Reporting Period, even if no work has
been performed, together with any back-up documents related to the matters contained in the
Maintenance Report. The City Manager's designee may request additional documentation related
to any matters contained in the Maintenance Report. Additionally, the Grantee, at Grantee's sole
discretion, shall have the right to require more frequent Maintenance Reports and modify the
reporting content, upon providing Grantor with written notice. Each Maintenance Report shall
contain a certification by Grantor's authorized representative, attesting to the truthfulness of the
Maintenance Report under oath.
6.2 Nonemergency Work. With respect to any nonemergency maintenance, repair or
replacement work ("Nonemergency Work") of which Grantee becomes aware, Grantee will provide
Grantor with thirty (30) days advance notice of the need to provide Grantor's Maintenance
Responsibilities and Grantor shall commence performance within said thirty (30) day period and
diligently pursue all required permits and the completion of all work related to Grantor's
Maintenance Responsibilities within a reasonable amount of time. Should Grantee, in the City
Manager's designee's sole discretion, desire to perform any Nonemergency work on the City's
Utility Infrastructure, including any of Grantor's Maintenance Responsibilities, or in the event that
Grantor has failed to perform Grantor's Maintenance Responsibilities within the allotted time,
Grantee shall place Grantor on notice of Grantee's intentions, and without the need to secure any
additional permission to access Grantor's Property, Grantee can proceed to perform Grantor's
Maintenance Responsibilities and Grantor shall be responsible for reimbursing Grantee for all costs
associated with such work within thirty (30) days following receipt of the invoice from Grantee.
6.3 Emergency Work. Grantor shall be responsible for immediately notifying Grantee
of any emergency maintenance, repair or replacement work ("Emergency Work") which may be
required for the City's Utility Infrastructure. Should Grantee, in the City Manager's designee's sole
discretion, desire to perform any Emergency Work, Grantee, without the need to secure any
additional permission to access Grantor's Property, can proceed to perform the Emergency Work
379 of 2180
and as soon as practicable notify Grantor of Grantee's decision to perform the Emergency Work.
Grantor shall be responsible for reimbursing Grantee for all costs associated with such Emergency
Work within ten (10) days following receipt of the invoice from Grantee.
6.4 Any sums unpaid by Grantor within the timelines delineated in Sections 6.2 and 6.3
shall accrue interest at the default rate of eighteen percent (18%) per annum until paid in full.
Additionally, in the event that Grantor fails to pay for the work performed by the City pursuant to
this Agreement within forty-five (45) days of Grantor's receipt of the City's invoice, in addition to all
other remedies in equity and law, the City may impose a lien against Grantor's Property, consistent
with applicable law.
6.5 At the City Manager's sole discretion, upon written notification to Grantor, Grantee
may opt to take over Grantor's Maintenance Responsibilities moving forward and thereafter
Grantor shall be responsible for reimbursing Grantee for all costs associated with any future
Emergency and Nonemergency Work performed by the City on the City's Utility Infrastructure
within the timelines delineated in Sections 6.2 and 6.3.
6.6 Damage to Easement Encroachments. If Grantee's work requires removal of the
existing Easement Encroachments, then Grantee, at the sole discretion of the City Manager's
designee, will remove the required portions of the Easement Encroachments at Grantor's expense
or request that Grantor remove the Easement Encroachments at Grantor's expense. In connection
with Grantee's access to the City's Utility Infrastructure pursuant to this Agreement, Grantee shall
not be liable for the replacement of any Easement Encroachments, including, without limitation,
any decorative features, avers, lighting, or landscape and will only be responsible for restoring the
Easement Area and any affected surrounding areas to sod/grass at existing elevation. Upon
Grantee completing its work, Grantor, at Grantor's expense, shall be required to repair or replace
the affected portions of the Easement Encroachments and surrounding areas.
6.7 Damage to City's Utility Infrastructure or Grantor's Property. Grantor shall be
responsible for promptly repairing any damage caused to the City's Utility Infrastructure by Grantor,
its officers, employees, contractors, agents and invitees. Grantee shall use reasonable efforts to
perform Grantee's Work under this Agreement without causing damage to Grantor's Property;
however, Grantee shall not be responsible for any damage to the Grantor's Property as a result of
Grantee's work.
7. Notices. All notices, requests, consents and other communications required
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)
by registered or certified mail (postage prepaid), return receipt requested; or sent by any form of
overnight mail service, addressed to:
AS TO GRANTOR: 3900 Alton Road Owner LLC
Attn: Ron Hoyl, Vice President
3953 Maple Avenue, Ste. 300
Dallas, TX 75219
E-Mail: ron(d)-rockpoint.com
4
380 of 2180
WITH COPIES TO: 3900 Alton Road Owner LLC
Attn: Daniel Domb and Joseph Goldman
500 Boylston Street, 21 st Floor
Boston, MA 02116
Email: Dan@rockpoint.com and JG@rockpoint.com
Mast Capital, Inc.
Attn: Eran Landry, Managing Director
2601 South Bayshore Drive, Ste. 850
Miami, FL 33133
Bercow Radell Fernandez Larkin & Tapanes
Attn: Michael Larkin, Esq. .
200 S Biscayne Boulevard
Miami, Florida 33131
Email: mlarkin@brzoninglaw.com
AS TO GRANTEE: City of Miami Beach, Florida
Attn: Public Works Director
1700 Convention Center Drive, 4' Floor
Miami Beach, FL 33139
WITH COPIES TO: City of Miami Beach, Florida
Attn: City Attorney
1700 Convention Center Drive, 41' Floor
Miami Beach, FL 33139
and
City of Miami Beach
Attn: City Manager
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
or to such other address as any party may designate by notice complying with the terms of this
Section. Each such notice shall be deemed delivered: (i) on the date delivered if by personal
delivery; (ii) on the date upon which the return 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 overnight mail service.
Notifications to Grantee for the coordination and administration of this Agreement may be sent via
email to the City's Public Works Department Director ("City Manager's designee") or such other
person as may be designated in writing to Grantor by the City Manager or the City Manager's
designee.
5
381 of 2180
8. Miscellaneous Terms and Conditions.
8.1 Sovereign Immunity. Nothing contained herein shall be construed as a waiver of
Grantee's Right of sovereign immunity.
8.2 Construction. For purposes of construction by a Court, the parties hereto
acknowledge that both parties hereto participated in the drafting of this document.
8.3 City's Governmental Capacity/No Waiver of City Police Powers. Grantor confirms
that it has full power and authority to grant this Easement. Nothing in this Agreement or in the
parties' acts or omissions in connection herewith shall be deemed in any manner to waive,
impair, limit, or otherwise affect the authority of the Grantee in the discharge of its police or
governmental powers.
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 Assigns. This Agreement shall be binding upon, and inure to the
benefit of, Grantor and Grantee and their respective successors and assigns.
8.6 Entire Agreement; Modifications. This Agreement sets forth the entire agreement
between the parties specifically relating to the subject matter of the Easement granted hereby and
there are no other agreements or understandings between them relating to Grantee's use of the
Easement Area. This Agreement may not be modified, released or terminated, except by
agreement in writing executed by the parties hereto or their respective successors and/or assigns,
and in the case of Grantee, approved by the Mayor and City Commission of the City of Miami
Beach.
8.7 Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Florida, both substantive and remedial, without regard to
principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami -Dade County, Florida, if in state court, and the U.S. District Court for the Southem
District of Florida, if in federal court.
8.8 Grantor Representations. Grantor covenants, warrants and represents (i) that
Grantor is the fee simple owner of Grantors 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,
except for mortgagees as set forth in the public records of Miami -Dade County, and which have
joined and consented to this Agreement.
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 Recording. This Agreement shall be recorded in the Public Records of Miami -Dade
County, Florida by Grantee at the cost of Grantor.
382 of 2180
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]
383 of 2180
IN WITNESS WHEREOF, the Grantor herein has caused these presents to be executed in
its name on the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Signature
Print Name
Address
Signature
Print Name
Address
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
3900 ALTON ROAD OWNER LLC,
a Delaware limited liability company
By:
Name:
Title: Authorized Signatory
The forgoing instrument was acknowledged before me by means of physical
presence or _ online notarization this day of , 2026, by
, as Authorized Signatory of 3900 Alton Road Owner, LLC, a
Delaware limited liability company, on behalf of said corporation, who is personally known to me
or produced -__. _ as identification.
Print Name:
Notary Public, State of Florida
My Commission Expires: [NOTARIAL SEAL]
H.,
384 of 2180
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:
Signature
Print Name
Address
Signature
Print Name
Address
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation of the State of
Florida
M
Name: Eric Carpenter
Title: City Manager
ATTEST:
Signature
Rafael E. Granado, City Clerk
Print Name
The forgoing instrument was acknowledged before me by means of _ physical
presence or _ online notarization this _ day of 2026, by Eric 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.
My Commission Expires:
N
Print Name:
Notary Public. State of Florida
[NOTARIAL SEAL]
385 of 2180
Mortgagee Joinder and Consent
to
Perpetual Utility Easement Agreement
Involving Sewer Main
PNC Bank, National Association ("Mortgagee"), as owner and holder of that certain Mortgage,
Assignment of Leases and Rents, Security Agreement and Fixture Filing from 3900 Alton Road
Owner, LLC, a Delaware limited liability company ("Mortgagor") to Mortgagee, dated November
16, 2022 and recorded on November 17, 2022, in Official Records Book 33471, at Page 1066, of
the Public Records of Miami -Dade County, Florida ("Public Records"); an Assignment of Leases
and Rents from Mortgagor to Mortgagee, dated November 16, 2022 and recorded on November
17, 2022, in Official Records Book 33471, at Page 1092 of the Public Records; and a UCC Security
Agreement from Mortgagor to Mortgagee, recorded on November 17, 2022, in Official Records
Book 33471, at Page 1100 of the Public Records (collectively, the "Mortgage"), hereby joins in and
consents to the granting of this Perpetual Utility Easement Agreement Involving a Private Sewer
Main (this "Agreement") in favor of the City of Miami Beach, Florida, a municipal corporation
organized and existing under the laws of the State of Florida, encumbering the Mortgagor's
property, located at 3900 Alton Road, Miami Beach, Florida 33140 ("Mortgagor's Property"), all in
accordance with the terms and conditions set forth in this Agreement. Mortgagee agrees to
subordinate its lien and effect of its security interest encumbering Mortgagor's Property to this
Agreement, so that in the event Mortgagee or any other party shall obtain title to the Mortgagee's
Property through foreclosure or deed -in -lieu of foreclosure, this Agreement shall be binding upon
the entity obtaining title as the then owner of Mortgagor's Property.
Witnesses PNC Bank
By:
Print Name:
By:
Print Name:
State of_
County of
By:
Print Name:
Title:
The foregoing instrument was acknowledged before me by means of ( ) physical
presence or ( ) online notarization on this day of May, 202_ by
as on behalf of PNC Bank, a
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
386 of 2180
Exhibit "A"
Grantor's Property
All of Lot 53 and a portion of Leas 52, 54 and 55, Block I of NAUTILUS SUBDIVISION,
according to the Plat thereof as recorded in Plat Rook 8 at Page 95, and a portion of Lot D of RE -
SUBDIVISION OF COTS 48, 49, 50 AND 51 OI' BI-(X:K 1, NAU-11LUS SUBDIVISION.
according to the Plat thereof as recorded in Plat Book 35 at Page 46 of the Public Records of Miami
- Dade County, Florida, and a portion of Sections 22 wx127 in Township 53 South, Range 42 Fast,
City of Miami Beach, Miami -Dade County, Florida, and being more particularly described as
follows:
Begin at the Southeast comer of :said I,ot 54 of Block 1 of NAUTILUS SUBDIVISION; thence
North 09' 11' 22" fast along the Easterly line of said Lots 52, 53 and 54. also being the Westerly
Right -of -Way line of Alton Road (State Road 907) as shown on the Florida Department of
Tmnsportation Right -of -Way Map Section 87090-2402 dated 12-2009, Sheet 16 of 18, for 228.03
feet; dwnee North 80' 48' 38" West for 269.11 feet; thence North 09' 11' 22" East for 144.42 feet;
thence South 55' 48' 22" West along the Southeasterly Right -of -Way line of the Julia Tuttle
Causeway per State Road 112/1-195 of said Florida Department of Transponation Right -of -Way
Map Section No. 870YX1-2402, Sheet 16 of 18, for 90.82 feet, thence: South 05" 59' 58" East for
62.09 feet; thence South 23' 11' 59" West for 161.81 feet; the following two (2) courses being
along the Northerly boundary of Alton Road (State Road No. 25), as shown tm said Florida
Department of Transportation Right -of -Way Map; (1) South 54' UT 39" East for 162.79 feet to a
paint on a circular curve; (2) thence Southeasterly along a 600.92 li►ot rudius curve leading to the
right, through a central angle of 09' 57' 10" for an arc distance of 104.39 feet; thence South 76'
03' 16" Fast for 72.65 feet; thence North 41 ° 11' 22" Cast along the existing Limited Accevi Right -
of -Way line of the Westerly Right -of -Way line of said Alton Road (State Road 907) as shown on
said Right -of -Way Map Section 87090-2402 for 48.00 feet; thence South 80' 49' 38" Nist along
die Southerly line of said Lot 54 for 26.00 feet to the Point of lieginning.
387 of 2180
Exhibit "B"
Easement Area Sketch and Legal Description
12
388 of 2180
EXHIBIT 11B"
SEWER EASEMENT
3900 ALTON
3900 ALTON RD. MIAMI BEACH, FL 33140
3URVEYOR'9 NOTES:
• THIS IS NOT A BOJNDARY SURVEY
• LEGAL DESCRIPTION PROVIDED BASED ON RECORDED CONDITIONS
AND 4000 ALTON RD LEGAL DESCRIPTION (O.R.B. 29338. PG. 3647)
• BEARING AND DISTANCES ALONG WELL ESTABLISHED AND RECORDED
LINE
• EASEMENT CALCULATED GEOMETRY USE THE BASIS OF BEARING AS
PER PLAT
• BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF ALTON
ROAD (STATE ROAD No. 907) R/W MAP SEC. 87090-2402. SHEET 18 OF 18)
SOUTH BOUND ALSO SHEET 2 OF 2) (PA. 83, PG. 43)
MIAMI-DADE COUNTY PUBLIC RECORDS ( N09'11'22'E (RECORD)
• THE INTENT OF THIS EASEMENT IS TO ENCOMPASS THE RECENTLY
INSTALLED 8- (C-900) SEWER SERVICE AND RELATED FACILITIES AS
SHOWN ON THE SEWER AS -BUILT, PREPARED BY DOCAMPO SURVEYING
SERVICES LLC
• MIN. VERTICAL CLEARANCE OF THIS EASEMENT IS 25FT. ABOVE FINISHED
GROUND LEVEL
• THIS EASEMENT STRIP FORMS A CLOSED GEOMETRIC FIGURE
LOCATION MAP
NOT TC SCALE
W7—T_M—R4M
v `ARTHUR GOB
SUARW,l
�N 40
r�
r w3 STL
� AUUV
PRO�IECT 34 ST
LOCA -
LEGEND:
1. P.O.B denotes Point of Beginning
2. P.O.0 denotes Point of Commencement.
3. P.O.T denotes Point of Termination
4. R/W denotes Right of Way
S. P/L Property Line
6. CIL Centerline
7. MIL Monument Line
8. P. B. denotes Plat Book
9. PG. denotes Page
10. PC denotes Point of Curve
11. PCC denotes Point of Concave Curvature
12. R denotes Curve Radius
13. L denotes Length of Curve
14. d denotes Angle of curve
1 S. MO-WASD denotes Miami -Dade County Water and Sewer Department
16. REC. denotes Records
17. M.D. C.R. denotes Miami -Dade County Records
18. S/L SECTION LINE Alfredo
SURVEYOR'S CERTIC4TE:
1 HEREBY CERTIFY: that the LEGAL AND SKETCH of the Property described
hereon was made under my supervision and that the LEGAL AND SKETCH meets
the Standards of Practice set forth by the Florida Board of Professional Land
Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code pursuant
to Section 472.027, Florida Statutes. That the Sketch hereon is true and Correct
to the best of my knowledge and belief. Subject to notes and notations shown
hereon. This Sketch does not represent a Land Survey.
.I
,,,` bo rDinryr,rrr,.
'Q C E H e�
Digitally signed ; *P.: ' �� s '• O
by Alfredo Dial,-: No. w=
Date: 2026.O1. tin: ; a
15:45:13-05'00= N; srA o
rpp�, :'per
:S
''9C' ., . It I P.:
;.�.
;1......
BY ALFREDO DIAZ, LS 69103
Professional Surveyor and Mapper
STATE OF FL ORIDA
07/29/25. AD �" OOCAIr/O JUAYEy/NG lflY/CEi LLC CITY OF MIAMI BEACH WATER AND SEWER ORAWN
LB 84I2
01114/25, AD 4167N.E JA0 Street DEPARTMENT
Homes&Vd, F/anlrfa.73033 SEWER EASEMENT i
E/nw/.. - cam LOCATION MAP & SURVEYOR'S NOTES cSuccE
4-2025
389 of 2180
0 25 50
SCALL
i' - 50'
SEWER EASEMENT
3900 ALTON
3900 ALTON RD. MIAMI BEACH, FL 33140
tg &�K�BNwh� - "" V 11.278'38"E S18°14'48"E F
9s) 12.56 577°4613E
�orry� q, 85.33 568°54'14"E VA `ate N1801448'W 36.53
18.79 �y
16
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y N7704623'W l �� �\ '5%
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15.33
c N68054'14'W
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is Q 189.49
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41
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1
�<�.; .0.
. o. �" \ Dpfauy signed by V O 0
' A l ed o Mhedo Duz W W
e r KfR" Auz LS 6A17 \ ' Detr 2026 0116 h O
iroFeis.°nii S—fro, •+c roaoae- \ DiaZ-` _ 15:46:17-05'W I
SrArf OF F10A/9A 11
No. DATE REVISION OOCA0160 dURYFrl#e BERY/CE8 LLC CITY OF MIAMI BEACH WATER AND SEWER 108 o
1 w/xvns. AD LB 8441 DRAWN DATE: 02-14-2025
2 01/141i6. AD 4167N.F...30th Strret DEPARTMENT
SEWER EASEMENT CHECKED
Homestead, /-70 la 33033 SCALE: AS SHOWN
fCV'm LOCATION MAP & SURVEYOR'S NOTES SHEET 2 OF 3
390 of 2180
SEWER EASEMENT
3900 ALTON
3900 ALTON RD. MIAMI BEACH, FL 33140
LEGAL DESCRIPTION:
A STRIP OF LAND LAYING ON A PORTION OF LOT 54, BLOCK 1 OF NAUTILUS SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 8 AT PAGE 95, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'
COMMENCE AT THE SOUTHEAST CORNER OF SAID LOT 54 OF BLOCK 1 OF NAUTILUS SUBDIVISION; THENCE NORTH
09*11'22* EAST ALONG THE EASTERLY LINE OF SAID LOT 54, ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF
ALTON ROAD (STATE ROAD 907) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY
MAP SECTION 87090-2402 DATED 12-2009, SHEET 16 OF 18. FOR 189.49 FEET TO THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED CITY OF MIAMI BEACH SEWER EASEMENT; THENCE RUN NORTH 68°54'14' WEST FOR 38.53
FEET TO A POINT; THENCE RUN NORTH 77'46 23' WEST FOR A DISTANCE OF 91.31 FEET TO A POINT; THENCE RUN
NORTH 06'13'53" EAST FOR 9.08 FEET TO A POINT; THENCE RUN NORTH 18'14'48" WEST FOR A DISTANCE OF 18.79
FEET TO A POINT; THENCE RUN SOUTH 80'48'38' EAST FOR 11.27 FEET TO A POINT; THENCE RUN SOUTH 18'14'48'
EAST FOR 12.56 FEET TO A POINT; THENCE SOUTH 77'46'23' EAST FOR 85.33 FEET TO A POINT; THENCE RUN SOUTH
68'54'14' EAST FOR 36.53 FEET TO A POINT; THENCE RUN SOUTH 09*1 1'22'WEST FOR 15.33 FEET TO A POINT OF
BEGINNING OF CITY OF THE MIAMI BEACH SEWER EASEMENT.
OF ALL OF THE ABOVE LAYING AND BEING IN SECTION 27, TOWNSHIP 53 SOUTH, RANGE 42 EAST IN MIAMI DADE
COUNTY, FLORIDA.
CONTAINING 2,083.911 SQUARE FEET OR 0.0478 ACRES, APPROXIMATELY
Dgtauy signed ay
Alfredo Diaz""
Date: 2026.01.16
15:46:38 -05'00'
A; No. L5
? N D STA �nnF�
IN% o R, o,.�f;;
B Y ALFREDO DIAZ, L5 6903
Professional Surveyor and Mapper
STA TE OF FLORIDA
00""0 J(hfYEY/NB J"F/6!! LLC I CITY OF MIAMI BEACH WATER AND SEWER V�
AD LB 8442 DRAWN DATE: 01-14-101S
AD 4157N.E.30thShtet DEPARTMENT
Homestead, Flonda 33033 SEWER EASEMENT CHECKED BY: AD
Email. abcampnsurtryrnyogmarLmm LOCATION MAP 8 SURVEYOR'S NOTES SuGF4FE:ASSI�owN
391 of 2180