HomeMy WebLinkAboutSubstitution Memo from Department of Real Estate and Asset ManagementCITY OF MIAMI, FLORIDA
TE MEMORANDUM
TO: Arthur Noriega V,
City Manager
ADS
2025 FEB 27 AM 9: 146 DATE: February 26, 2025
d.fT CITY
CITY OF'` lHill
SUBJECT: Substitution for Item PH.6
February 27, 2025 Agenda
FROM: Andrew Frey, Director, AF
Department of Real Estate and
Asset Management
REFERENCES: File ID No. 17244
Item PH.6 - File ID No. 17244 approves and grants the City Manager, by a four -fifths (4/5ths) affirmative vote, the
authority to negotiate and execute a substation easement agreement ("Easement Agreement"), between the City
of Miami ("City") and the Florida Power & Light Company, a Florida Profit Corporation ("FPL"), for the conveyance
of certain easements on portions of City -owned properties identified by Folio Numbers 01-3132-000-0090 and 01-
3132-000-0105, Miami, Florida (collectively, "Property"), containing a combined total size of approximately ninety-
three thousand, four hundred fifty-nine (93,459) square feet, for the construction and maintenance of an electric
substation and equipment associated therewith, attachments and appurtenant facilities, equipment for the
transmission and distribution of electricity and for utility communication purposes and other uses consistent with
the operation of an electric utility substation, including, but not limited to, above ground and underground wires,
poles, breakers, bus, relay vault, towers, cables, conduits, fiber, anchors, guys, conveyance pipes related to the
exfiltration system and equipment associated therewith, attachments and appurtenant equipment, transformers,
buildings, fences, roads, driveway, trails, landscape and irrigation, attachments and equipment for electrical
purposes, and other uses consistent with the operation of an electric utility substation (collectively, "Substation
Facilities"). This item further authorizes the City Manager to include in such Easement Agreement a perpetual non-
exclusive access road easement for access to the substation facilities through the portion of the Property containing
a total size of approximately three hundred forty-seven thousand, one hundred sixty-nine (347,169) square feet,
The City Manager is further authorized to negotiate and execute all necessary documents, including amendments
and modifications to said Easement Agreement, including but not limited to agreements for temporary staging
areas; dispensing of competitive bidding pursuant to City Code Section 18-179 based upon the City Manager's
findings that competitive bidding methods are futile for the reason that only one possible bidder could be chosen;
declaring City Code Section 18-182(a) as inapplicable; and accepting and allocating funds received in exchange for
the conveyance of such easements. This item is being substituted to reflect the following changes:
• Including Four -Fifths vote required per FS 166.045.
• Including but not limited to agreements for temporary staging areas.
• Including dispensing of competitive bidding pursuant to City Code Section 18-179 based upon the City
Manager's findings that competitive bidding methods are futile for the reason that only one possible
bidder could be chosen.
• Including declaring City Code Section 18-182(a) as inapplicable and accepting and allocating funds
received in exchange for the conveyance of such easements.
• Including FPL's request for the City to grant a perpetual non-exclusive access road easement for access to
the Substation Facilities through the portion of the Property containing a total size of approximately three
hundred forty-seven thousand, one hundred sixty-nine (347,169) square feet ("Access Road Easement").
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• Including in no event shall the authority to convey the easements contemplated herein be construed as
an authority to convey a leasehold interest, fee simple interest, or any other interest greater than the
easements for the limited purposes specified herein.
• Including FPL's agreement to compensate the City in the amount of Two Million, Eight Hundred Ten
Thousand Dollars ($2,810,000.00) for the conveyance of the Substation Facilities Easement and Access
Road Easement pursuant to the Easement Agreement ("Fee").
• Including the City Manager's determination that the conveyance of the Substation Facilities Easement and
Access Road Easement to FPL is in the best interest of the City and that competitive bidding methods are
futile for the reason that only one possible bidder could be chosen ("Findings").
• Including the City Manager's recommendation that competitive bidding be dispensed with based upon
the Findings, pursuant to City Code Section 18-179.
• Including the City Manager's further request that the City Commission declare the restrictions contained
in City Code Section 18-182(a) as inapplicable based upon the Findings, which must be ratified by an
affirmative vote of two-thirds of the City Commission after a properly advertised public hearing.
• Including the City Commission authorizing the acceptance and allocation of the Fee in exchange for the
conveyance of the Substation Facilities Easement and Access Road Easement to an authorized account
yet to be determined, subject to necessary budgetary approvals.
• Including Exhibit "C" (Findings Memo).
• Including Backup (Draft Easement Agreement).
�— DocuSigned by:
QVr(UAY INI February 27, 2025 1 08:40:31 EST
Approved: ` g,perern2pw2p
Arthur Noriega V, City Manager
1/49 r)
Page 2 of 2
City of Miami
EiVED Resolution
2025 FEB 27 $M 9: tilegisiation
"r►CITY CLR'r..
File Number: 17244 L1 i' Or MIAMI Final Action Date:
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A SUBSTATION EASEMENT
AGREEMENT ("EASEMENT AGREEMENT"), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE
FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION
("FPL"), FOR THE CONVEYANCE OF CERTAIN EASEMENTS ON PORTIONS
OF THE CITY" -OWNED PROPERTIES IDENTIFIED BY FOLIO NUMBERS 01-
3132-000-0090 AND 01-3132-000-0105, MIAMI, FLORIDA (COLLECTIVELY,
"PROPERTY"), CONTAINING A COMBINED TOTAL SIZE OF
APPROXIMATELY NINETY-THREE THOUSAND, FOUR HUNDRED FIFTY-
NINE (93,459) SQUARE FEET, AS LEGALLY DESCRIBED IN COMPOSITE
EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION
AND MAINTENANCE OF AN ELECTRIC SUBSTATION AND EQUIPMENT
ASSOCIATED THEREWITH, ATTACHMENTS AND APPURTENANT
FACILITIES, EQUIPMENT FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRICITY AND FOR UTILITY COMMUNICATION PURPOSES AND
OTHER USES CONSISTENT WITH THE OPERATION OF AN ELECTRIC
UTILITY SUBSTATION, INCLUDING, BUT NOT LIMITED TO, ABOVE
GROUND AND UNDERGROUND WIRES, POLES, BREAKERS, BUS, RELAY
VAULT, TOWERS, CABLES, CONDUITS, FIBER, ANCHORS, GUYS,
CONVEYANCE PIPES RELATED TO THE EXFILTRATION SYSTEM AND
EQUIPMENT ASSOCIATED THEREWITH, ATTACHMENTS AND
APPURTENANT EQUIPMENT, TRANSFORMERS, BUILDINGS, FENCES,
ROADS, DRIVEWAY, TRAILS, LANDSCAPE AND IRRIGATION,
ATTACHMENTS AND EQUIPMENT FOR ELECTRICAL PURPOSES, AND
OTHER USES CONSISTENT WITH THE OPERATION OF AN ELECTRIC
UTILITY SUBSTATION (COLLECTIVELY, "SUBSTATION FACILITIES");
FURTHER AUTHORIZING THE CITY MANAGER TO INCLUDE IN SUCH
EASEMENT AGREEMENT A PERPETUAL NON-EXCLUSIVE ACCESS ROAD
EASEMENT FOR ACCESS TO THE SUBSTATION FACILITIES THROUGH
THE PORTION OF THE PROPERTY CONTAINING A TOTAL SIZE OF
APPROXIMATELY THREE HUNDRED FORTY-SEVEN THOUSAND, ONE
HUNDRED SIXTY-NINE (347,169) SQUARE FEET, AS LEGALLY DESCRIBED
IN EXHIBIT "B," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY
DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID
EASEMENT AGREEMENT, INCLUDING BUT NOT LIMITED TO
AGREEMENTS FOR TEMPORARY STAGING AREAS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO
EFFECTUATE THIS TRANSACTION; DISPENSING OF COMPETITIVE
BIDDING PURSUANT TO CITY CODE SECTION 18-179 BASED UPON THE
CITY MANAGER'S FINDINGS THAT COMPETITIVE BIDDING METHODS ARE
FUTILE FOR THE REASON THAT ONLY ONE POSSIBLE BIDDER COULD BE
City of Miami Page 1 of 4 File ID: 17244 (Revision:) Printed On: 2/18/2025
File ID: 17244 Enactment Number:
CHOSEN, AS FURTHER DETAILED IN THE ATTACHED AND r..a
INCORPORATED EXHIBIT "C"; DECLARING CITY CODE SECTION 18-1$ (A)
AS INAPPLICABLE; ACCEPTING AND ALLOCATING FUNDS RECEIVER-*3
EXCHANGE FOR THE CONVEYANCE OF SUCH EASEMENTS TO AN
AUTHORIZED ACCOUNT YET TO BE DETERMINED, SUBJECT TO -‹—•i sv
NECESSARY BUDGETARY APPROVALS. -n
SPONSOR(S): Commissioner Miguel Angel Gabela
-< w
WHEREAS, the City of Miami ("City"), owns certain real property identified bj oli los.
01-3132-000-0090 and 01-3132-000-0105, Miami, Florida (collectively, "Property"); a'rd
WHEREAS, City and Miami Freedom Park, LLC, a Delaware limited liability company
("Tenant") entered into that certain Ground Lease for Soccer Stadium for the construction of a
soccer stadium and ancillary facilities ("Stadium"), and that certain Ground Lease for Miami
Freedom Park Commercial Development for the construction of various commercial
improvements ("Commercial Development"), both of which are dated February 9, 2023; and
WHEREAS, the City is currently in the process of constructing a new administrative
headquarters, which shall be located within a portion of the Property ("New Administration
Building); and
WHEREAS, in order to ensure the efficient and effective operation of the Stadium, the
Commercial Development, and the City's New Administrative Building, the City seeks to
establish an electric substation within the Property; and
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WHEREAS, Florida Power & Light Company ("FPL") has requested that the City
authorize the conveyance of various easements pursuant to a Substation Easement Agreement
("Easement Agreement") on certain portions of the Property, containing a combined total size of
approximately ninety-three thousand, four hundred fifty-nine (93,459) square feet, as more
particularly described in Exhibit "A," attached and incorporated, for the construction and
maintenance of an electric substation, including but not limited to an electric substation and
equipment associated therewith, attachments and appurtenant facilities, equipment for the
transmission and distribution of electricity and for utility communication purposes and other uses
consistent with the operation of an electric utility substation, including, but not limited to, above
ground and underground wires, poles, breakers, bus, relay vault, towers, cables, conduits, fiber,
anchors, guys, conveyance pipes related to the exfiltration system and equipment associated
therewith, attachments and appurtenant equipment, transformers, buildings, fences, roads,
driveway, trails, landscape and irrigation, attachments and equipment for electrical purposes,
and other uses consistent with the operation of an electric utility substation (collectively,
"Substation Facilities Easement"); and
WHEREAS, FPL has further requested that the City grant a perpetual non-exclusive
access road easement for access to the Substation Facilities through the portion of the Property
containing a total size of approximately three hundred forty-seven thousand, one hundred sixty-
nine (347,169) square feet, as legally described in Exhibit "B," attached and incorporated
("Access Road Easement"); and
WHEREAS, in no event shall the authority to convey the easements contemplated
herein be construed as an authority to convey a leasehold interest, fee simple interest, or any
other interest greater than the easements for the limited purposes specified herein; and
City of Miami Page 2 of 4 File ID: 17244 (Revision:) Printed on: 2/18/2025
File ID: 17244 Enactment Number.
WHEREAS, FPL has agreed to compensate the City in the amount of Two Million, Eight
Hundred Ten Thousand Dollars ($2,810,000.00) for the conveyance of the Substation Facilities
Easement and Access Road Easement pursuant to the Easement Agreement ("Fee"); and
WHEREAS, the City Manager has determined that conveyance of the Substation
Facilities Easement and Access Road Easement to FPL is in the best interest of the City and
that competitive bidding methods are futile for the reason that only one possible bidder could be
chosen, as more particularly detailed in Exhibit "C", attached and incorporated ("Findings"); and
WHEREAS, the City Manager recommends that competitive bidding be dispensed with
based upon the Findings, pursuant to City Code Section 18-179; and
WHEREAS, the City Manager further requests that the City Commission declare the
restrictions contained in City Code Section 18-182(a) as inapplicable based upon the Findings,
which must be ratified by an affirmative vote of two-thirds of the City Commission after a
properly advertised public hearing; and
WHEREAS, granting the Substation Facilities Easement and Access Road Easement to
FPL in the manner contemplated herein is in the best interest of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to negotiate and execute the
Easement Agreement for the conveyance of the Substation Facilities Easement and Access
Road Easement, in a form acceptable to the City Attorney.
Section 3. The City Manager is further authorized' to negotiate and execute all
necessary documents, including amendments and modifications to said Easement Agreement,
including but not limited to agreements for temporary staging areas, all in forms acceptable to
the City Attorney, as may be necessary to effectuate this transaction.
Section 4. Pursuant to City Code Section 18-179, the Findings are accepted, and
competitive bidding is hereby dispensed with as only one possible bidder could be chosen.
Section 5. The City Commission, by a four -fifths affirmative vote after a properly
advertised public hearing, hereby declares City Code Section 18-182(a) as inapplicable based
upon the Findings.
Section 6. The City Commission authorizes the acceptance and allocation of the Fee in
exchange for the conveyance of the Substation Facilities Easement and Access Road ,,,,
Easement to an authorized account yet to be determined, subject to necessary budgiiaryf
approvals. :-, 70
*11 CO
1 The herein authorization is further subject to compliance with all legal requirements that a,bbe
imposed, including but not limited to, those prescribed by applicable City Charter and City '�` a <
provisions. 7:..� i
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City of Miami
Page 3 of 4 File ID: 17244 (Revision:) Printed on: 2/18/2025
File ID: 17244 Enactment Number.
Section 7. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 4 of 4 File ID: 17244 (Revision:) Printed on: 2/18/2025
Exhibit "Cj" CITY OF MIAMI, FLORIDA
INTER-OFFICEVIEMORANDUM
r: Arthur Noriega V
City Manager
'2.5 FEB27 AM 9: 47 DATE:
`v C CITY Y CL E .SUBJECT:
CITY OF MIAMI
OS
FROM: Andrew Frey, Director[
Department of Real Estate
& Asset Management ("DREAM")
February 19, 2025
Easement Agreement for FPL Striker
Substation at Miami Freedom Park
REFERENCES: N/A
ENCLOSURES:
Mr. Manager,
This is regarding agenda item File ID 17244 for a Resolution of the Miami City Commission, granting easement rights to
Florida Power and Light Company ("FPL") for the proposed FPL Striker Substation, on a certain portion of Miami Freedom
Park identified by Folio Numbers 01-3132-000-0090 and 01-3132-000-0105, Miami, Florida ("Property").
The City of Miami ("City") and Miami Freedom Park, LLC, a Delaware limited liability company (the "Tenant") entered into
that certain Ground Lease for Soccer Stadium, effectively dated February 9, 2023 (the "Ground Lease"). Pursuant to the
Ground Lease, City leased to Tenant that certain parcel of real property for a soccer stadium (the "Stadium Parcel"). To
operate the Stadium Parcel efficiently, the City seeks to establish an electric substation. Also, the City is currently in the
process of constructing a new administrative headquarters, which shall be located within a portion of the Property ("New
City Administration Building").
FPL has requested the easements ("Easement Agreement") on that certain portion of the Property, containing a combined
total size of approximately ninety-three thousand four hundred fifty-nine thousand (93,459) square feet, for the
equipment and improvements constructed or placed on the substation premises, including but not limited to an electric
substation and equipment associated therewith, attachments and appurtenant facilities, equipment for the transmission
and distribution of electricity and for utility communication purposes and other uses consistent with the operation of an
electric utility substation, including, but not limited to, above ground and underground wires, poles, breakers, bus, relay
vault, towers, cables, conduits, fiber, anchors, guys, conveyance pipes related to the exfiltration system and equipment
associated therewith, attachments and appurtenant equipment, transformers, buildings, fences, roads, driveway, trails,
landscape and irrigation, attachments and equipment for electrical purposes, and other uses consistent with the operation
of an electric utility substation (collectively, "Substation Facilities"). FPL has agreed to compensate the City in the amount
of Two Million Eight Hundred Thousand Dollars ($2,810,000) for the Easement Agreement for the Substation Facilities.
There is currently in effect a franchise agreement between the City and FPL, the terms of which are set forth in City of
Miami Ordinance No. 9472. The City recognizes FPL as a public utility which has the demonstrated ability to supply such
electrical services. Therefore, the Substation Facilities will be necessary in order to bring electrical service to the New City
Administration Building and Stadium Parcel.
Section 18-179 of the City Code provides that competitive bidding requirements may be waived upon the City Manager's
finding "that such methods would be futile for the reason that only one possible bidder can be chosen" so long as the
procedural requirements of Section 18-182 are satisfied. Section 18-182(c) of the City Code provides in relevant part that
"the city commission may declare an exemption from the restrictions contained in subsection (a) above and declare them
inapplicable by resolution provided that the city manager has made a written finding that it is in the best interest of the
city, which findings must be ratified by an affirmative vote of 2/3 of the commission after properly advertised public
hearing."
In light of the above, this memorandum serves to confirm your findings and recommendation to the City Commission that
it is in the best interest to consummate this Easement Agreement to FPL.
Please sign below to acknowledge your approval.
[vuArDocuSlgned by:
itbritlek, February 19, 2025 I 11:48:31 EST
8c CrsC372DD42A...
Art Noriega V
City Manager
Prepared by and return to:
Eleanor W. Taft, Esq.
Florida Power & Light Company
700 Universe Boulevard
Juno Beach, Florida 33408
' V
2025 FEB 27 AM 9: 47
CI Y CI..
Orr( NAM! I
SUBSTATION EASEMENT AGREEMENT
THIS SUBSTATION EASEMENT AGREEMENT (the "Agreement"), made and
entered into as of , 20 (the "Effective Date"), is between CITY OF
MIAMI, FLORIDA, a Florida municipal corporation (herein called the "C"), with an address
of 444 SW 2ND Avenue, 10th Floor, Miami, Florida 33130, and FLORIDA POWER & LIGHT
COMPANY, a Florida corporation (herein called "FPL"),, With. an address of 700 Universe
Boulevard, Juno Beach, FL 33408. City and FPL are sometimes together referred to herein as the
"Parties" and individually as a "Party."
RECITALS
A. City and Miami Freedom Park, LLC, a Delaware limited liability company (the
"Tenant") entered into that certain Ground Lease tbor Soccer Stadium, effectively dated February
9, 2023 (the "Ground Lease") and City leased to Meant** certain parcel of real property located
in City of Miami legally described on Eadfibit 'A" attached hereto and made a part hereof (the
"Development Parcel").
B. Pursuant to the Ground Lease, 'City leased to Tenant that certain parcel of real
property located in City ofikappi, PAcnida legally described on Exhibit "B" attached hereto and
made a part hereof (th t'tadiui Rarce")
C. To opeititn the Stadium Parcel efficiently, City seeks to establish an electric
substation in the locatiOrtl,deseribed and depicted on attached Exhibit "C" attached and
incorporated herein (the "Substation Premises"). Accordingly, City has agreed to grant an
easement to FPL over the Substation Premises subject to the provisions of this Agreement.
D. The equipment and improvements constructed or placed on the Substation Premises
by or for FPL from time to time are referred to in this Agreement; including but not limited to an
electric substation and equipment associated therewith, attachments and appurtenant facilities,
equipment for the transmission and distribution of electricity and for utility communication
purposes and other uses consistent with the operation of an electric utility substation; including,
but not limited to, above ground and underground wires, poles, breakers, bus, relay vault, towers,
cables, conduits, fiber, anchors, guys, conveyance pipes related to the Exfiltration System and
equipment associated therewith, attachments and appurtenant equipment, transformers, buildings,
fences, roads, driveway, trails, landscape and irrigation, attachments and equipment for electrical
purposes, and other uses consistent with the operation of an electric utility substation collectively
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as the "Substation Facilities." The Substation Premises together with the Substation Facilities,
are described in this Agreement collectively as the "Substation."
E. In addition to, and for the use and operation of the Substation, the City also seeks
to grant to FPL the following non-exclusive easements adjoining the Substation Premises:
LOC.'
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a. To provide an area for one or more overhead and underground electric
transmission lines, including but not limited to, wires, poles, "H" frame structures,
towers, cables, conduits, anchors, guys, roads, trails and equipment associated
therewith, attachments and appurtenant equipment for communication purposes
consistent with the operation of an electric utility substation (all of the foregoing
hereinafter referred to as "Transmission Facilities") serving or connected with
the Substation and exfiltration trench and conveyance pipes (the "Exfiltration
System"), the City desires to grant a non-exclusive utility easement (the
"Transmission and Drainage Easement' , as described and depicted on
Exhibit "D" (the "Transmission and Dre Easement Area").
b. To provide an area for one or more underground electric distribution lines,
including but not limited to, wires, poles, towers, cables, conduits, anchors, guys,
roads, trails and equipment associated therewith, attachments and appurtenant
equipment for communication purposes and consistent with the operation of an
electric utility substation (all of the foregoing hereinafter referred to as
"Distribution Facilities") and Eaftltration System, serving or connected with
the Substation, the City desires to grant a non-exclusive utility easement (the
"Distribution and 1ainag Easement") in the location as described and
depicted on Exhibit "E" (the "Distribution and Drainage Easement Area").
c. The Distribution and Drainage Easement Area and Transmission and Drainage
Easert-,a may be collectively referred to as the "Other Easement
Arm". The Substation Facilities, together with the Transmission Facilities and
thei istribution Facilities may be referred to collectively in this Agreement as
the "jities",
NOW THEREFORE, for $10.00 and other good and valuable consideration, the receipt
and sufficiency of which are acknowledged by the Parties, and in consideration of and subject to
the terms, covenants, agreements, provisions and limitations set forth in this Agreement, City and
FPL agree as follows:
1. Recitals. The above -stated recitals are true and correct and are incorporated herein by this
reference.
2. Grant of Easements.
(a) Substation Premises. Subject to the provisions of this Agreement, City does
hereby grant unto FPL, the exclusive, perpetual right, privilege and easement to install, operate
and maintain in perpetuity (subject to termination as provided in this Agreement), the Substation
Facilities on, under or over the Substation Premises together with all rights necessary or convenient
for the full use and enjoyment of the Substation Premises for the purposes granted herein, including
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without limitation, the right: (a) to patrol, inspect, alter, improve, add to, repair, rebuild, relocate
and remove the Substation Facilities; (b) to increase or decrease the voltage and to change the
quantity and type of Substation Facilities; (c) of ingress and egress over the Substation Premises;
(d) to trim, cut or remove from the Substation Premises, at any time, trees, limbs, undergrowth,
structures or other obstructions; (e) to trim, cut or remove and to keep trimmed or remove dead,
diseased, weak or leaning trees or limbs outside of the Substation Premises which, in the discretion
of FPL, might interfere with or fall upon the Substation Facilities and (f) install the underground
conveyance pipes related to the Exfiltration System.
(i) Excluding removal of vegetation and obstructions as provided herein, for any
physical damage to the Development and Stadium Parcels solely caused by FPL or its contractors,
FPL shall use commercially reasonable efforts to repair the Development and Stadium Parcels
promptly to pre -entry condition, as practicable.
(b) Non -Exclusive Transmission Easement. T9 rovide an area for the (i)
Transmission Facilities serving or connected with the Subst*ers'end (ii) Exfiltration System, the
City grants to FPL for the duration of the Term the non-e Clus$+ ,Transmission and Drainage
Easement. This grant is the non-exclusive, perpetua), fight, privile, and easement to install,
construct, operate, maintain, reconstruct, inspect, alte,f, frrrprove, enlarge; add to, change the voltage
(applicable only to the Transmission Facilities), as v as tirt nature or physical characteristics of,
replace, remove or relocate such Transmission Facilitie ord the Exfiltration System or any part of
them upon, across, over or under the above-dribed Traiission and Drainage Easement Area
with all rights and privileges necessary or convenieI* tithe NI enjoyment or the use thereof for the
herein described purposes, including, but not lieeiteato, the right to cut and keep clear all trees and
undergrowth and other obstructiorie "Al* said Transmission and Drainage Easement that may
interfere with the proper construn, operation aesl maintenance of the Transmission Facilities or
Exfiltration System (or any pate Qf *14 Ow right to mark the location of any underground
Transmission Facilities by above grog* and other suitable markers and the right of ingress and egress
for personnel and equ' n ,FP%ts contractors, agents, successors or assigns over the
m Development and St Parcef fort purpose of exercising and enjoying the rights granted by
this Transmission and *linage Easement. Together with the right to
(i) Exclremoval of vegetation and obstructions as provided herein, for
any physical damage to the Development and Stadium Parcels solely caused by
FPL or its contractors FPL shall use commercially reasonable efforts to repair the
Development and Stadium Parcels promptly to pre -entry condition, as practicable.
By the execution and delivery hereof the City expressly agrees that no portion
:of the Transmission and Drainage Easement Area shall be excavated, altered,
obstructed, improved, surfaced orpaved without theprior written permission of FPL,
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or its successors or assigns, and no building, well, irrigation system, structure,
wc.; obstruction or improvement (including any improvements for recreational activities)
' shall be located, constructed, maintained or operated over, under, upon or across said
`. Transmission and Drainage Easement Area by the City. Any improvement, structure
or alteration that interferes with or is inconsistent with the use, occupation,
maintenance or enjoyment thereof by FPL or its successors or assigns, or as might
cause a hazardous condition shall be a violation of this provision. However, no
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violation of this provision shall be deemed adverse or hostile to FPL until such time
as said violation interferes with FPL's actual use, occupation and enjoyment of the
Transmission and Drainage Easement Area and the rights granted hereunder; and until
FPL first provides written notice to the City of the violation(s) and the City fails to
cure the violations complained of within thirty (30) days of such notice.
Notwithstanding the foregoing, subject to review and approval by FPL of specific
plans for use of the Transmission and Drainage Easement Area in accordance with
FPL's normal processes and standards for use of transmission easement areas in
developed areas.
(c) Non -Exclusive Distribution and Drainage Easement Area. To provide an area
for the Distribution Facilities and Exfiltration System, the City grants to FPL for the duration of the
Term the non-exclusive Distribution and Drainage Easement Area. This grant is the non-exclusive,
perpetual right, privilege and easement forever to install, construct,, operate, maintain, reconstruct,
inspect, alter, improve, enlarge, add to, change the voltage (applicable only to Distribution Facilities),
as well as the nature or physical characteristics of, replace, rye or relocate such Distribution
Facilities and Exfiltration System or any part of them upon, aei ss, o'va.or under the above -described
Distribution and Drainage Easement Area with all rights and privilegenncessary or convenient for
the full enjoyment or the use thereof for the herein dea ibed imposes, int tiding, but not limited to,
the right to (i) access the Substation Parcel for maintenance o 'the Substation improvements, and (ii)
cut and keep clear all trees and undergrowth and other obstructions within said Distribution and
Drainage Easement Area that may interfere wi> tbnproper *struction, operation and maintenance
of the Distribution Facilities or Exfiltration Syatemfortauy part of them), (iii) mark the location of
any underground Distribution Facilitie by abovbiptind and other suitable markers, and (iv) install
and maintain landscaping, and the riPtoit,I,gressid egress for personnel and equipment of FPL, its
contractors, agents, successors or Signs der the f velopment and Stadium Parcels, for the purpose
of exercising and enjoying the rig graaard-hit Os Distribution and Drainage Easement and any or
all of the rights granted he„.r.er
(i) i xcluding trovalof vegetation and obstructions as provided herein, for any
physica"`l. rage to the Development and Stadium Parcels solely caused by FPL or its
contractor`s,FiL shall use commercially reasonable efforts to repair the Development
and Stadium gels promptly to pre -entry condition, as practicable.
tF
Ci ci (ii) By the execution and deliveryhereof the Cityexpressly agrees that any
modifications to the Distribution and Drainage Easement Area by the City, or its
successors or assigns, shall not impact FPL's Facilities within the Distribution and
1.. t ? Drainage Easement Area without prior written approval of FPL. Any improvement,
structure or alteration that interferes with or is inconsistent with the use, occupation,
CIO
hY C `:� maintenance or enjoyment thereof by FPL or its successors or assigns, or as might
(.) cause a hazardous condition shall be a violation of this provision. However, no
violation of this provision shall be deemed adverse or hostile to FPL until such time
as said violation interferes with FPL's actual use, occupation and enjoyment of the
Distribution and Drainage Easement Area and the rights granted hereunder; and until
FPL first provides written notice to the City of the violation(s) and the City fails to
cure the violations complained of within thirty (30) days of such notice.
4
3. Use of Substation. The Substation Premises shall be used for the purpose of electric power
purposes and the Substation Facilities shall be installed, repaired, replaced and maintained by FPL,
at FPL's sole cost and expense.
4. Cash Consideration. The cash consideration to be paid by FPL to City for this Agreement
and the rights granted in this Agreement shall be Dollars ($_
), and shall be paid to City in a single payment on or before
. FPL shall also pay any and all applicable documentary stamp tax
and other taxes on the consideration for this Agreement and rights granted hereby or the
conveyance of the easements described herein, along with fees for recording this Agreement.
5. Improvements to Substation Premises.
(a) In addition to City's regulatory authority, if any, FPL acknowledges that City, has
lands adjacent to the Substation Premises and Other Easement its, and therefore has an interest
in the manner in which the Substation Premises, Transmissiorataid Drainage Easement Area and
Distribution and Drainage Easement Area are developed. AccOrdhlgly, prior to construction, FPL
shall provide the City with four (4) copies of the site plan; landscape flan and civil design for the
Substation Premises (collectively, the "Plans"), and City shall Nye the rat to review and approve
such Plans in its City/proprietary capacity within fir-fiva (45) days following City's receipt of
such plans. Failure of the City to provide FPL with written approval of the Plans such forty-five
(45) days period, or if the Plans are not appt}, to prole FPL with written comments to the
Plans within such forty-five (45) day period, shaltharinemeti an approval of the Plans by the City
solely in its City/proprietary capacity, but not in its governmental or regulatory capacity. The
City's approval of the Plans shall ncisbedtemettao be an assumption of the responsibility by City
for the accuracy, sufficiency or propriety of the Plans.
The Plans will show the fol hg: (i) location of any buildings, fixtures or equipment; (ii)
the areas and related imts`llcluding, without limitation, ingress and egress, curb cuts,
signage, utility lines "lighting; (iii) the location and nature of decorative features, including,
without limitation, la aping, planters and walls; (iv) setback lines; (v) proposed height of the
proposed Facilities, andlrea of any building; (vi) grading and drainage plans; and (vii) exterior
dimensions, exterior desigrt nowept, the type, grade, color and texture of exterior materials and
the basic exterior painting design, and any and all exterior signs or other signs contemplated for
location on the Substation Premises.
City shall at all times act reasonably, expeditiously and in good faith in its review of and
comments to the Plans in its City/proprietary capacity.
6. hazardous Materials and Pre -Existing Conditions.
( For purposes of this Agreement:
(i) "Environmental Claim" means any and all communications, whether
• r'• - a written or oral, alleging potential Liability, administrative or judicial actions, suits,
-orders, liens, notices alleging Liability, notices of violation, investigations which
-have been disclosed to City, complaints, requests for information relating to the
i:- Release or threatened Release into the Environment of Hazardous Substances,
5
proceedings, or other communication, whether criminal or civil, pursuant to or
relating to any applicable Environmental Law, by any person (including any
governmental authority) based upon, alleging, asserting, or claiming any actual or
potential (i) violation of, or Liability under any Environmental Law, (ii) violation
of any Environmental Permit, or (iii) Liability for investigatory costs, cleanup costs,
removal costs, remedial costs, response costs, monitoring costs, natural resource
damages, property damage, personal injury, fines, or penalties arising out of, based
on, resulting from, or related to the presence, Release, or threatened Release into
the environment of any Hazardous Substances at the Substation Premises or Other
Easement Areas including any off -Site location to which Hazardous Substances, or
materials containing Hazardous Substances, were sent.
(ii) "Environmental Laws" means all Laws regarding pollution or protection of
the Environment, the conservation and management of land, natural resources and
wildlife or human health and safety or the Occuphal Safety and Health Act (only
as it relates to Hazardous Substances), inciadtag, Laws regarding Releases or
threatened Releases of Hazardous Substance (inc` ing Releases to ambient air,
surface water, groundwater, land, surface and subgtaface strata) or otherwise
relating to the manufacture, processing, distribution, Use, treatment, storage,
Release, transport, disposal or han of iazardous Substances, including the
Comprehensive Environmental Respon„Compensation, and Liability Act (42
U.S.C. §§ 9601 et seq.), the Hasfaskus Materials Transportation Act (49 U.S.C. §§
1801 et seq.), the Resource Coliervatratta.ndRecovery Act (42 U.S.C. §§ 6901 et
seq.), the Federal Water Pollut, Controtl Act (33 U.S.C. §§ 1251 et seq.), the
Clean Air Act (42 U:C:,E§ 7401 et seq.), the Toxic Substances Control Act (15
U.S.C. §§ 2601 g4 seq.), the Oil '1„pllution Act (33 U.S.C. §§ 2701 et seq.), the
Emergency Plana anity Right -to -Know Act (42 U.S.C. §§ 11001 et
seq.), and *ether
-,uanalogous to any of the above.
(iii) , nvironrrtal irmit" means any Permit under or in connection with any
Enviro tal Law, including any and all orders, consent orders or binding
agreemen lasued entered into by a governmental authority under any applicable
Environmen ' ` la , that is used in, or necessary for, (i) the business of the FPL, or
(ii) the ownership, use or operation of the Substation Premises, in each case under
clause (i) or (ii), as conducted prior to the Effective Date.
(iv) "Hazardous Substances" means: (i) any petroleum, asbestos, asbestos -
containing material, and urea formaldehyde foam insulation and transformers or
other equipment that contains polychlorinated biphenyls; (ii) any chemicals,
materials or substances defined as or included in the definition of "hazardous
substances," "hazardous wastes," "hazardous materials," "hazardous constituents,"
ikV"restricted hazardous materials," "extremely hazardous substances," "toxic
? ? 13, m 1' substances," "contaminants," "pollutants," "toxic pollutants," "hazardous air
pollutants"or words of similar meaning and regulatory effect under any applicable
L �i :6 jpiv Environmental Law; and (iii) any other chemical, material or substance, exposure
L Q-4d f'u to which is prohibited, limited or regulated by any applicable Environmental Law.
a
6
(v) "Liability" means any direct or indirect liability, commitment, indebtedness
or obligation (whether known or unknown, whether asserted or unasserted, whether
absolute or contingent, whether accrued or un-accrued, whether liquidated or un-
liquidated, and whether due or to become due) of any kind, character or nature, or
any demand, claim or action asserted or brought against the relevant Party.
(vi) "Law" means any foreign, federal, state or local law, constitutional
provision, statute, charter, ordinance or other law, rule, regulation, code (including
any zoning code, fire code or health and safety code), or interpretation of any
governmental authority or any order of or by any governmental authority, including
all Environmental Laws, requirements and regulations, applicable to the Substation
Premises, Other Easement Areas or FPL.
(vii) "Loss" or "Losses" means any and all damages, fines, fees, penalties,
deficiencies, losses, Liabilities, interest, awards,gments, actions and expenses
(whether or not involving a third party claitn),,,;icluding all remediation costs,
reasonable fees of attorneys, accountants ar other vcperts, or other expenses of
litigation or proceedings or of any claim, default ct, asessment relating to the
foregoing.
(viii) "Release" means any actual, Osrcatened or alleged spilling, leaking,
pumping, pouring, emitting, 'ing, discharging, injecting, escaping, leaching,
migrating, dumping or disposiloZarcicos Substance into the environment or
within any building, structure,''a ord *iliure.
(ix) "Remediat,i",mk��s an}rtion of any kind required by applicable Law to
address the price tx use of Hazardous Substances, including: (i)
LIJ monitoring, invesiNalkti, assesstnent, treatment, cleanup containment, removal,
c?-mitigatio �e dtrftstoration work, as well as obtaining any permits necessary
wto con, d r any sur ,'octi y; (ii) preparing and implementing any plans or studies
an'yt kich activity; and (iii) obtaining a written notice from a governmental
r—a`,authority content jurisdiction under Environmental Laws, that no material
' to `'`� .k*- additional vi>flidLierequired. City acknowledges that Remediation also may include,
as legally applicable: (A) Remediation of releases of Mineral Oil Dielectric Fluid
>{� r; : is conducted under the Mineral Oil Dielectric Fluid (MODEF) Emergency
Response Action Protocol as referenced in the Florida Department of
Environmental Protection's ("FDEP") Chapter 62-780.100 (22), F.A.C.,
Contaminated Site Clean -Up Criteria, or (B) Remediation of de minimis discharges
conducted pursuant to the provisions of Chapters 62-780.550 and 62-780. 560,
F.A.C. (collectively "Alternative Cleanup Provisions"). In the event that the
Alternative Cleanup Provisions are not applicable to the Remediation of any
discharge, FPL will follow the reporting and cleanup requirements under Chapter
62-780, F.A.C., Contaminated Site Clean-up Criteria, and other applicable laws.
(b) City agrees to be responsible for any and all losses of FPL, and pay and perform
when due any and all liabilities of FPL:
7
(i) under Environmental Laws, Environmental Permits or
Environmental Claims with respect to the Substation Premises arising from any
event, condition, circumstance, act or omission that occurred prior to the Effective
Date; or
CO Cr:
„ r (ii) arising from the presence of Hazardous Substances that originated
141 a', on the Substation Premises prior to the Effective Date or the Release of Hazardous
v ...Substances at, on, in, under, or migrating from the Substation Premises prior to the
Effective Date (such Losses or Liabilities under this Section 6(b)(i) or Section
:• "6(b)(ii) hereof, the "Environmental Liabilities");
Ls_ LiJ
'C.b'` (iii) FPL will comply with the Soils Management Plan and Engineering
Control Plan as prepared by Gallagher Bassett Technical Services for Miami
Freedom Park dated March 22, 2023.
(c) FPL shall not cause or permit the Release in any mariner of any Hazardous
Substances upon the Substation Premises or Development or Stadium Parcels which violates any
Environmental Laws. FPL shall give prompt not' to. wry of any Release of a Hazardous
Substance in violation of Environmental Laws, whet caused by FPL or, to the knowledge of
FPL, any third party.
(d) To evidence any changes to the envipeanyamaal condition of the Substation Premises
at the expiration or termination this Agment, FPL shall perform an environmental
assessment, including soils and gtndw*r sarr`ling, of the Substation Premises (the "Closure
Environmental Assessment"), fitg, close time aq practical to the Expiration Date or the earlier
termination of this Agreement, 'at i expense and provide a copy thereof to City as soon as
practical. FPL's obligat' ovine the Closure Environmental Assessment shall survive the
expiration or terminate la of this ree t.
(e) Except feltic,extentof City's responsibility as described in Section 6(b) above, FPL
shall be responsible, at Fls. cost and expense, for commencing and thereafter performing,
or causing to be performed, any' and all assessments, Remediation, cleanup and monitoring of all
Hazardous Substances existing or Released on, in, under, from or related to the Substation
Premises and FPL's use of the Other Easement Areas during the Term in violation of
Environmental Laws. In the event any Remediation is required subject to the previous sentence,
FPL shall furnish to City, within a reasonable period of time, copies of all documents supplied to,
and received from, the appropriate local, state or federal agency with jurisdiction over the
Remediation that the Remediation has been satisfactorily completed in full compliance with all
Environmental Laws in the event the aforementioned agency or agencies require such documents.
In the event the Remediation is of a type that is lawfully performed pursuant the Alternative
Cleanup Provisions, and such Provisions do not require FPL to deliver reports to such agency or
agencies concerning the Release or Remediation, then, quarterly, FPL shall provide City copies of
any and all documents created with regards to any such Release and Remediation giving evidence
that the Remediation has been satisfactorily completed in full compliance with all Environmental
8
Laws. FPL's obligation to provide Remediation as required by this Section 6 shall survive the
expiration or termination of this Agreement.
(0 FPL shall indemnify, defend and hold harmless City from and against, and pay,
reimburse and fully compensate as the primary obligor City for, any and all claims, suits,
judgments, loss, damage, and liability which may be incurred by City including, without limitation,
City's reasonable attorney's fees and costs, arising in any way from Hazardous Substances existing
or Released on, in, under, from the Substation Premises by FPL, its employees, agents or
contractors, or related to FPL's use of the Substation Premises or Other Easement Areas during
the Term in violation of Environmental Laws, or any violation of the Environmental Laws, by
FPL, its agents, licensees, invitees, subcontractors or employees on, in, under or related to the
Substation Premises or the Other Easement Areas during the Term. This responsibility shall
continue to be in effect for any such Release or presence of Hazardous Substances as to which City
gives notice to FPL on or before the fifth (5th) anniversary of the E piration Date. FPL's obligation
to provide the indemnity, defense and hold harmless required bfti s Agreement shall survive the
expiration or termination of this Agreement.
(g) With respect to Remediation of any Reles at the S tion Premises, migrating
from the Substation Premises, or arising from FPL'a rise of the Other ement Areas, FPL will
remediate such Release, or Hazardous Substances*grating from the Substation Premises the
"City Responsible Environmental Conditions") as ,.required by the Florida Department of
Environmental Protection or Environmental Protection Agency, subject the following conditions:
c:y ::i
>—
w,
(i) Unless otherwise agreed by -the Parties, FPL will remediate a Release to the
least stringent stand -permitted by the Florida Department of Environmental
Protection and Environmental Protection Agency, as applicable, and obtain a final
non -appealable aggncy action approving such remediation, if applicable (such
remediation standat ,the "Minimum Required Standard"). City may direct FPL
to remed -tea higher (cleaner) standard in which case the incremental cost (the
"Incrotental Co 1A) wiWbe City's responsibility.
(ii) If the oust of remediating any City Responsible Environmental Conditions to
the MinimurYtRaquired Standard, or such higher standard as may be requested or
required by City, will exceed $50,000 as reasonably estimated by FPL based on
reasonable bids from a third party contractor in accordance with FPL's standard
procurement practices, the total cost of remediating the City Responsible
Environmental Condition will be the responsibility of City; subject to the limitation
set forth in Section 6(b) above.
(iii) If the Florida Department of Environmental Protection or Environmental
Protection Agency requires remediation or other actions (e.g., monitoring), FPL has
the sole right to direct such Remediation activities regardless of the estimated cost
and City shall be responsible for the costs associated with Remediating the City
Responsible Environmental Conditions, subject to the limitation set forth in Section
6(b) above.
9
EC
(h) With respect to City's payment obligations set forth in Section 6(h)(ii) - (iii), City
2025 Fg'a$leii uBtE L within fifteen (15) calendar days of FPL's providing to City an invoice for
the costs incurred by FPL along with copies of the underlying invoices from the contractors who
perfbtied ifYetiaxk ,
-41
7. Abandonment and Termination. The term of this Agreement (the "Term") begins on
the Effective Date and continues perpetually, unless terminated by FPL as described in this
Agreement. The ending date of the Term is referred to in this Agreement as the "Expiration
Date". FPL may terminate this Agreement without charge or penalty by giving not less than thirty
(30) days prior notice to City. Furthermore, the Parties acknowledge that technology may change
the methods for the delivery of electric power in the future. Accordingly, if FPL abandons the
Substation or ceases to use the Substation as an actively functioning electrical substation for the
distribution of electric power, and such abandonment or cessation of use continues for a period of
not less than two (2) consecutive years, then this Agreement shall),ie deemed terminated. In the
event of such termination, City and FPL shall promptly execute ii6tice of Easement Termination,
in form and substance that is mutually agreeable, reciting the'le,lination of this Agreement and
removing this Agreement as an encumbrance on the Subtion`mises and Other Easement
Areas, which shall be recorded in the Public Records. If this Agreeeecnt is terminated, for any
reason whatsoever, whether in whole or in part, FPL. all not lie entitled4to any proration or return
of the consideration for this Agreement. In additiorto ithip twelve (12) months after termination
of this Agreement, FPL shall, at its sole cost and expe, remove all Facilities and Exfiltration
System from the Substation Premises and tl,er Easept Areas and during such time FPL
shall be deemed to be occupying the Subst' ` ries' end the Other Easement Areas as a
licensee and FPL will continue to be .subject.tv end comply with all of the provisions of this
Agreement. FPL's obligations to ram. a Facilities and Exfiltration System from the Substation
Premises and the Other Easeme$ Areas Include t#ic obligation to remove any and all fixtures and
any and all improvements that n,exee, evee or under the Substation Premises, Transmission
and Drainage Easement Argeead Dieiibution and Drainage Easement Area installed by or for FPL,
such as, but not limited; in ruses, poles, concrete slabs, footers, reinforcements, walls,
transformers, and other'electrical',&vices and equipment, gates and fences except to the extent
otherwise mutually agreed, betweett the Parties in writing.
8. Indemnification.
(a) FPL and City shall each be responsible for its own facilities and improvements, for
protection of the FPL Facilities, and for ensuring adequate safeguards for FPL customers, and the
personnel and equipment of City and FPL. To the extent permitted by law, and subject to the
limitations set forth in Section 768.28, F.S, City shall indemnify, defend and hold FPL harmless,
and FPL shall indemnify, defend and hold City harmless, from any and all claims, demands, costs
or expenses, for loss, damage or injury to persons or property caused by, arising out of, or resulting
from: (a) any act or omission by the respective Party or that Party's contractors, agents, servants
and employees in connection with the development, construction, use or operation of that Party's
facilities, improvements or systems, or the operation or use thereof in connection with the other
Party's facilities, improvements or systems, (b) any defect in, failure of, or fault related to, a Party's
facilities, improvements or systems, or (c) the negligence of the respective Party or negligence of
that Party's contractors, agents, servants or employees. The respective Party shall pay all claims,
costs, damages and losses in connection with (a), (b) or (c) above, and shall investigate and defend
10
all claims, suits origiaf any kind or nature in the name of the other Party, where applicable,
including appellate proceedings and shall pay all costs, judgment and attorney's fees that may issue
therea25,14g8 airin flun e ification shall not constitute a waiver of sovereign immunity
beyond the limits set forth in Section 768.28, F.S., nor shall the same be construed to constitute
agreement by eiti*ttnrtycto,r.inclemnify the other Party for such other Parry's negligent, willful, or
intentional; tslf oFiMissions. The provisions of this Section shall survive termination,
cancellation, suspension, completion or expiration of this Agreement.
(b) Limitation of Liability. To the fullest extent permitted by law, neither City nor FPL,
nor their respective officers, directors, agents, employees, members, parents, subsidiaries or
affiliates, successors or assigns, or their respective officers, directors, agents, employees,
members, parents, subsidiaries or affiliates, successors or assigns, shall be liable to the other Party
or their respective officers, directors, agents, employees, members, parents, subsidiaries or
affiliates, successors or assigns, for claims, suits, actions or causes of action for incidental, indirect,
special, punitive, or consequential damages connected with or rotting from performance or non-
performance, or any actions undertaken in connection with or otiekd to this Agreement, including
without limitation, any such damages which are based upon causes *action for breach of contract,
tort (including negligence and misrepresentation), bpsisch of warranty, strict liability, statute,
operation of law, under any indemnity provision or oey other theory of recovery. If no remedy or
measure of damages is expressly provided herein, the obligors liability shall be limited to direct
damages of up to One Million Dollars ($1,000,000) for auub such breach, and such direct damages
shall be the sole and exclusive measure of dateesea and art other remedies or damages at law or in
equity are waived; provided, however, that th* sent shad not apply to limit the liability of a
party whose actions giving rise to such, liability oonotitute gross negligence or willful misconduct.
The provisions of this Section she -a ly regfordless of fault and shall survive termination,
cancellation, suspension, compl:on ortapir atii of this Agreement. Nothing contained in this
letter shall be deemed to be a water c 'aiktty'sfight to seek injunctive relief. The provisions of
this Section shall survive tminat cancellation, suspension, completion or expiration of this
Agreement.
9. Construction; l chanics aud Materialmen's Liens. Unless otherwise set forth herein,
FPL will be responsible payrn it for any and all work performed by or on FPL's behalf on the
Substation Premises and OlEasement Areas. Unless otherwise set forth herein or if work is
otherwise requested by and agreed to by City, in no event will City be responsible for payment for
any work relating to the Substation or Other Easement Areas performed by or on FPL's behalf. If
any mechanic's lien or other lien, attachment, judgment, execution, writ, charge or encumbrance
is filed or recorded against any portion of the Substation, Other Easement Areas or the
Development Parcel as a result of any work performed by or on FPL's behalf or materials delivered
to the Substation Premises, Other Easement Areas or Development Parcel at FPL's direction, FPL
shall diligently pursue the same to be discharged of record at FPL's own expense. FPL shall, within
sixty (60) days following written notice of any such lien, cause same to be paid, bonded, discharged
or otherwise removed of record with the manner of discharge in FPL's sole discretion.
10. Insurance. City understands that FPL self -insures, and that prior to accessing the
Substation Premises and Other Easement Areas, FPL will provide City with a letter of such self-
insurance is in full force and effect. In the event that FPL ceases to self -insure, then, during the
11
� 4 v
Term of this Agreement, and thereafter so long as FPL operates, uses or maintains any portion of
2025 i E '$ul tlpxnta? occupies or uses any of the Other Easement Areas:
i!FiricE O -IRE itr;' CLE'L shall procure and maintain, at FPL's sole cost and expense, commercial
`generalliaMlity insurance providing coverage which protects FPL and City and the City's Related
Parties from and against any and all claims and liabilities for bodily injury, death and property
damage arising from operations, premises liability, fire with respect to the Substation and any
occupation or use of the Other Easement Areas. Such insurance shall provide minimum coverage
of $1,000,000.00 per occurrence and $2,000,000.00 aggregate. FPL shall be and remain liable for
and pay all deductibles and other amounts not covered, paid or reimbursed under the insurance
policies.
(b) FPL shall procure and maintain, at FPL's sole cost and expense, workers'
compensation insurance as required by applicable law, and employers' liability insurance, with
coverage amounts with minimum limits of (i) One Million Dollf$1,000,000) for bodily injury
per accident, (ii) One Million Dollars ($1,000,000) for bodilyby disease per policy and (iii)
One Million Dollars ($1,000,000) for bodily injury by disease'per pployee.
(c) Intentionally Deleted.
(d) Certificates of Insurance. In addition to the required policy endorsement(s), FPL
shall cause certificates of insurance or a sel • red lett,as applicable, to be provided to City
for all applicable required insurance cove a cat* shall state the types of coverage
provided, limits of liability, and expiration da
(f) Insurance Renewi . FPL,shall cae certificates of insurance in conformance with
the requirements hereof to be *aptly 1pi i to City for each subsequent policy renewal at
least thirty (30) days prior to the NOT policy expiration occurring during the Term and so long
as FPL otherwise occupiextrIxak dittifivbstation Premises or any of the Other Easement Areas.
(g) FPL's itkiturance in ail instances shall be primary and any insurance that may be
maintained by City shad, by in excess of and shall not contribute with FPL's insurance. All
insurance policies shall be Istsied a company or companies licensed to do business in the State
of Florida.
(h) FPL's obligations under this Section 10 shall survive the termination or expiration
of this Agreement.
11. Maintenance. With regard to the division of responsibility for real property taxes and
maintenance of the Development Parcel, the Parties agree as follows:
(a) Beginning on the Effective Date and continuing for the Term, FPL shall perform,
at its expense, all maintenance of the FPL Maintenance Area, including, without limitation any
mowing and other landscape maintenance.
12. Utility and Service Charges Associated with Substation. FPL shall be responsible for
the payment of any and all water, gas, heat, light, power, telephone and other utilities and services
12
supplied to the Substation Premises or Other Easement Areas at FPL's request, together with any
taxes on such services.
?P 27 Psi 9: leg
13. Compliance with Laws. During the Term, each Party shall, at its expense, comply with
:all applicabie:Wang, zoning, fire and other governmental laws, ordinances, regulations and rules
applicable to. this Agreement.
14. Assignment. FPL shall not assign its interest in this Agreement without the prior written
consent of City, and such consent may not be unreasonably withheld or denied unless such
proposed assignment is to the purchaser of all or substantially all of the assets of FPL, as a part of
a bona fide sale by FPL to a third party purchaser for value and in such event City's consent will
not be required. Further, any assignment in violation of this Section 14 shall be deemed void and
a breach of this Agreement by FPL. City may not assign its rights and obligations under this
Agreement. Further, upon the conveyance of City's fee simple interest in the Development or
Stadium Parcels, or any portion thereof, will transfer automaticalto the grantee as to the property
conveyed by City and City shall have no further obligations i = ;-.this Agreement thereafter.
15. Default and Remedies. A Party shall be in default under Agreement if such Party
fails to perform any obligation required under this Agreement and such lilure continues for more
than ninety (90) calendar days after written notice, provided that if the failure to perform is of such
a nature that it cannot be cured within ninety (90) cal r days, then such Party shall not be in
default so long as it commences to cure wire* r,uch period of time and thereafter diligently and
continuously pursues such cure to completion. Upondreoccurrence of a default, the non -defaulting
party shall be entitled to seek damages,specifiarrbrmance, injunctive relief, and any other legal
or equitable remedy on account of swell -default; provided however, the City may exercise any other
remedy available at law or io equity except for ejectment, termination, rescission of this
Agreement, or any other reme r'that eereddsive the City the right to access the portion of the
Easement Area housing t aciltier or to construct, install, operate, and maintain, repair, or
replace any of the Facili otwlitehare expressly excluded. Except as set forth to the contrary
herein, any right or 17404 of either Party shall be cumulative and without prejudice to any other
right or remedy, whet contained herein or not. Neither Party shall be liable to the other Party
for any incidental, speciaLniti, or consequential damages hereunder.
16. Condemnation. The City expressly waives and relinquishes its power of eminent domain
and condemnation as to the Substation Premises, Transmission and Drainage Easement Area, and
Distribution and Drainage Easement Area for which this Agreement applies. If the Substation
Premises or any portion thereof are taken under the power of eminent domain, or sold under the
threat of the exercise of such power (all of which are herein called "condemnation"), this
Agreement shall terminate as to the part so taken as of the date the condemning authority takes
title or possession, whichever first occurs. If so much of the Substation Premises is taken under
the power of eminent domain, such that the Substation Premises is no longer suitable for its
intended use or suitable access cannot be provided to the Substation Premises, FPL may, at FPL's
option, to be exercised in writing only within ten (10) days after City shall have given FPL written
notice of such taking (or in the absence of such written notice, within ten (10) days after the
condemning authority shall have taken possession) terminate this Agreement as of the date the
condemning authority takes such possession. If FPL does not terminate this Agreement in
13
ED
accordance with the forering, this Agreement shall remain in full force and effect as to the portion
c f l'ie€rsiaion'r remaining. Any award for the taking of all or any part of the Substation
Premises under the ower of eminent domain or any payment made under threat of the exercise of
4uit #;_;shall ; - property of City; provided, however, that FPL shall be entitled to any
award'�ftl4
6`$s of F 's easement interest in the Substation Premises created by this Agreement.
17. Recording. This Agreement shall be recorded in the Public Records of Miami -Dade
County, Florida at FPL's expense.
18. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated
in a building in sufficient quantities, may present a health risk to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been found in buildings
in Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit.
19. Severability. If any provision or portion of this Agreetnt shall for any reason be held or
adjudged to be invalid or illegal or unenforceable by any coact eitcompetent jurisdiction or other
governmental authority: (a) such portion or provision shall be deer> separate and independent;
(b) the Parties shall negotiate in good faith to restor-:ptSofar as pra ble the benefits to each
Party that were affected by such ruling or adjudic any F ) the remainder of this Agreement
shall remain in full force and effect.
20. Waivers. Any waiver by either Party respect*.this Agreement must be in writing,
signed by the Party granting the waiver, andll *sited f to the express terms set forth in the
waiver.
21. Cumulative Remedies. o remedy or election hereunder shall be deemed exclusive but
shall, wherever possible, be cunt tiymw th ether remedies at law or in equity.
22. Binding Effect, rtt Asnr,gmtuttshall bind the Parties, and their respective successors and
permitted assigns.
23. Force Majeure. The etit that either Party is unable to fulfill, or shall be delayed or
restricted in the fulfillment ifftObligation, or the curing of a default, under any provision of this
Agreement due to reasons outside of its reasonable control, or not wholly or mainly within such
Party's reasonable control, including strike, lock -out, war, acts of military authority, acts of
terrorism, sabotage, rebellion or civil commotion, fire or explosion, flood, wind, storm, hurricane,
water, earthquake, acts of God or other casualty or by reason of any statute or law or any regulation
or order passed or made, or by reason of any order or direction of any administrator, controller,
board or any governmental department or officer or other authority (other than, in the case of City
claiming relief under this Section, any statute or law or any regulation or order passed or made, or
by reason of any order or direction of, any administrator, controller, board or any governmental
department or officer or other authority of City), and whether of the foregoing character or not,
such Party shall, so long as any such impediment exists, be relieved from the fulfillment of such
obligation and the other Party shall not be entitled to compensation for any damage, inconvenience,
nuisance or discomfort thereby occasioned or to terminate this Agreement.
14
24. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute but one instrument.
25. Attorneys' Fees. In the event of any dispute between the Parties relating to this
Agreement, each Party shall pay its own legal fees except as otherwise provided herein. Any
monetary judgment rendered in any litigation concerning this Agreement shall bear interest at the
rate for judgments provided by applicable law. The foregoing provisions shall survive expiration
or earlier termination of this Agreement.
26. Notices. Every notice, approval, consent or other communication required or permitted
under this Agreement shall be in writing, shall be deemed to have been duly given on the date of
receipt, and shall be deemed delivered if either served personally on the Party to whom notice is
to be given, or sent to the Party to whom notice is to be given, by overnight courier or by first class
registered or certified mail (return receipt requested), postage prepaid, and addressed to the
addressee at the address stated opposite its name below, or at the most recent address specified by
notice given to the other Party in the manner provided in this Section.
To City:
Attention: City Manager
With a required copy to:
Attention: City Attorney
To FPL: Florida Power & Light Company
700 Universe Boulevard, LAW/JB
Juno Beach, Florida 33408
Attention: Corporate Real Estate
With a require
lorida Power & Light Company
00 Universe Boulevard
Juno Beach, Florida 33408
Attention: Law Department
27. No Personal Liability. Excluding any successor -in -interest to FPL or City under this
Easement, notwithstanding anything to the contrary in this Agreement, no present or future parent,
subsidiary, affiliate, member, principal, shareholder, manager, officer, official, director, or
employee of FPL or City will be personally liable, directly or indirectly, under or in connection
with this Agreement, or any document, instrument or certificate securing or otherwise executed in
connection with this Agreement, or any amendments or modifications to any of the foregoing made
at any time or times, or with respect to any matter, condition, injury or loss related to this
Agreement, and each of the Parties, on behalf of itself and each of its successors and assignees,
waives and does hereby waive any such personal liability.
28. Entire Agreement. This Agreement and any exhibits, schedules or addenda attached
hereto and forming a part hereof, contains the entire agreement between the Parties hereto with
15
respect to the subject matter of this Agreement, and supersedes all previous negotiations
thereto, and it may be modified only by an agreement in writing executed ant . - 'e4eid b City
and FPL. All exhibits, schedules or addenda attached to this Agreement are expres ifido aatiit$
herein by this reference. .,4 CLr.. CITY q
r h r
CITY . � t 1.
29. Governing Law; Forum. This Agreement shall be governed by and consiin
accordance with the laws of the State of Florida (without giving effect to conflict of law principles)
as to all matters, including but not limited to matters of validity, construction, effect, performance
and remedies. THE PARTIES HERETO AGREE THAT VENUE FOR RESOLUTION OF ANY
DISPUTE BETWEEN THE PARTIES UNDER THIS AGREEMENT SHALL BE IN MIAMI
DADE COUNTY, FLORIDA, AND VENUE IN ANY AND ALL ACTIONS AND
PROCEEDINGS ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THIS
AGREEMENT, THE RELATIONSHIP OF CITY AND FPL, FPL'S USE OF THE
SUBSTATION, OR ANY CLAIM FOR INJURY OR DAMAGE ,SHALL BE IN THE COURT
OF THE STATE OF FLORIDA IN MIAMI-DADE COUN1.FLORIDA, WHICH COURT
SHALL HAVE EXCLUSIVE JURISDICTION FOR SUCILC $ POSE AND THE PARTIES
HERETO IRREVOCABLY SUBMIT TO THE EXCLV1RISDICTION OF SUCH
COURT AND IRREVOCABLY WAIVE THE DEFFE OF AN'IONVENIENT FORUM
TO THE MAINTENANCE OF ANY SUCH ACTI"OR P,ROCEED'NG. THE FOREGOING
PROVISIONS OF THIS SECTION SHALL litiRVIVt EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
30. WAIVER OF JURY TRIAL. THE lRT110RTO SHALL, AND THEY HEREBY
DO, IRREVOCABLY WAIVE TRIAL BY:44r IN ANY AND EVERY ACTION OR
PROCEEDING BROUGHT BY ELF Tar PARTIES HERETO AGAINST THE OTHER
ON ANY MATTERS WHATSWVER ISINir,OUT OF, OR IN ANY WAY CONNECTED
WITH, THIS AGREEMENT, HIP OF CITY AND FPL, FPL'S USE OR
OPERATION OF THE SUBSTA ', AND -A Y CLAIM FOR INJURY OR DAMAGE. THE
FOREGOING PROVIWNS,Of 'uS SECTION SHALL SURVIVE EXPIRATION OR
EARLIER TERMINATION OF MIS A REEMENT.
31. City/FPL Relat hip;. No Third Party Beneficiaries. This Agreement creates a
grantor/grantee relationship, "o other relationship, between the Parties. This Agreement is for
the sole benefit of the Parties hereto and, except for assignments permitted hereunder, no other
person or entity shall be a third party beneficiary hereunder. This Agreement shall not be construed
to create any easements or rights in or for the benefit of the general public.
32. Sovereign Immunity. City is a Florida municipal corporation whose limits of liability are
set forth in section 768.28, Florida Statutes, and nothing herein shall be construed to extend the
liabilities of City beyond that provided in section 768.28, Florida Statutes. Further, nothing herein
is intended as a waiver of City's sovereign immunity beyond that provided under section 768.28,
Florida Statutes, or otherwise. Nothing hereby shall inure to the benefit of any third party for any
purpose, including, without limitation, anything that might allow claims otherwise barred by
sovereign immunity or operation of law.
33. Time, Interpretation. In computing any period of time pursuant to this Agreement, the
day of the act, event or default from which the designated period of time begins to run shall not be
16
included, but the time shall begin to run on the next succeeding day. The last day of the period so
computed shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the
period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday. A
legal holiday as used in this Agreement includes days on which banks in the City of Miami, Florida
are not open for regular business. Time is of the essence. The captions in this Agreement are
inserted for convenience of reference only and in no way define, describe or limit the scope or
intent of this Agreement or any of the provisions hereof. This Agreement shall not be construed
more strongly against or for either Party regardless of the drafter. Unless the context otherwise
requires, (a) all references to Sections or Exhibits are to Sections or Exhibits in or to this
Agreement, and (b) words in the singular or plural include the singular and plural and pronouns
stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine
and neuter and the term "including" shall mean by way of example and not by way of limitation.
[Remainder of page intentionally blank; Signature pages follows]
c)f-
17
cft
ig
IN WITNESS WHEREOF, and intending to be legally bound hereby, the undersigned have caused
this Agreement to be executed as of the Effective Date.
CITY:
ATTEST: CITY OF MIAMI
Name:
City Clerk
[SEAL]
WITNESSES:
Print
Name:
Post Office Address:
Print
Name:
Post Office Address:
STATE OF FLORIDA
COUNTY OF
By:
Mayor
tm
The foregoing instrument was acknowledged before me by means of [ ] physical presence
or [ ] online notarization this day of 2025 by , as
Mayor, and attested by , as City Clerk, of the City of Miami,
Florida. They are both known to me.
NOTARY PUBLIC
Print name:
Commission No.
My Commission Expires:
[SEAL]
18
IN WITNESS WHEREOF, and intending to be legally bound hereby, the undersigned have caused
this Agreement to be executed as of the Effective Date specified in this Agreement.
WITNESSES:
Print name:
Post Office Address:
Print name:
Post Office Address:
STATE OF FLORIDA
COUNTY OF
The foregoing instrume as
2025 by
COMPANY, a Florida co t.
Seal:
FPL:
FLORIDA POWER & LIGHT COMPANY,
a Florida corporation
By:
Name:
Title:
t7)rn
"
owledged before me this _ day of
of FLORIDA POWER & LIGHT
rpora , who is personally known to me or who has produced
as identification.
Notary Public, State of Florida at Large
Print name:
Notary Commission No.:
My Commission Expires:
EXHIBIT "A"
DEVELOPMENT PARCEL LEGAL DESCRIPTION
EXHIBIT `•,a"
LEGAL DESCRIPTION OF DEVELOPMENT PARCEL H 9: 49
Parcel 1: (T6-8) (Leasehold Interest)
0
A PORTION OF UN -SUBDIVIDED LANDS LYING WITHIN THE NORTHEAST ONE -
QUARTER (1/4) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE
COUNTY, FLORIDA, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER
(1/4) OF SAID SECTION 32; THENCE RUN ALONG THE SOUTH LINE OF THE
NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32,i`ORTH 88°08'18" EAST FOR
A DISTANCE OF 649.34 FEET TO A POINT; THENCE RUN NORTH 00°53'17" WEST FOR
A DISTANCE OF 45.01 FEET TO A POINT ON A LINE 4,,IQ FEET NORTH OF AND
PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SAID SOUTH LINE OF
THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32; THENCE RUN ALONG THE
EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF N.W. 42ND AVENUE (LEJEUNE
ROAD) THE FOLLOWING FIVE (5) COURSES; (1) THENCE RUN NORTH 00°53'17" WEST
FOR A DISTANCE OF 59.96 FEET TO A POINT; (2) THENCE RUN NORTH 48°58'49" WEST
FOR A DISTANCE OF 562.53 FEET TO A pow O THE NEXT DESCRIBED CIRCULAR
CURVE CONCAVE TO THE NORTHEAST; 3) "IEEE RUN NORTHWESTERLY ALONG
THE ARC OF SAID CURVE TQ THE RIGRT, HAVING A RADIUS OF 470.00 FEET, A
CENTRAL ANGLE OF 41 ° 10'5,, A CHORD LENGTH OF 330.59 FEET ALONG A CHORD
BEARING OF NORTH 24°00' ," WE" FIB A DISTANCE OF 337.81 FEET TO A POINT
OF TANGENCY; (4) THENCE RUNNORTH 03°25'06" WEST FOR A DISTANCE OF 623.61
FEET TO A POINT; (5),TrIFICE '#N NORTH 07°58'00" WEST FOR A DISTANCE OF
193.68 FEET TO AFONT ON ALINE 50.00 FEET EAST OF AND PARALLEL WITH, AS
MEASURED AT RAC' ANGLES TO, THE WEST LINE OF THE NORTHEAST ONE -
QUARTER (1/4) OF SA SECTION 32; THENCE RUN ALONG A LINE 50.00 FEET EAST
OF AND PARALLEL WITR,, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE
OF THE NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32, NORTH 00°54'35"
WEST FOR A DISTANCE OF 992.21 FEET TO A POINT; THENCE RUN NORTH 88°49'41"
EAST FOR A DISTANCE OF 251.82 FEET TO A POINT; THENCE RUN NORTH 70°04'29"
EAST FOR A DISTANCE OF 285.46 FEET TO A POINT ON THE NORTH LINE OF SAID
SECTION 32; THENCE RUN ALONG THE NORTH LINE OF SAID SECTION 32, NORTH
87°24'21" EAST FOR A DISTANCE OF 117.47 FEET TO THE POINT OF BEGINNING (1) OF
THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE CONTINUE ALONG THE
NORTH LINE OF SAID SECTION 32, NORTH 87°24'21 " EAST FOR A DISTANCE OF 491.99
FEET TO A POINT HEREINAFTER KNOWN AS POINT "A"; THENCE RUN SOUTH
02°55'37" EAST FOR A DISTANCE OF 150.97 FEET TO A POINT; THENCE RUN SOUTH
72°00'l0" WEST FORA DISTANCE OF 1164.70 FEET TO A POINT; THENCE RUN NORTH
07°20'O1" EAST FOR A DISTANCE OF 167.35 FEET TO A POINT OF CURVATURE OF A
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE RUN NORTHEASTERLY
ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF
190.00 FEET, A CENTRAL ANGLE OF 62°44'26", A CHORD LENGTH OF 197.
A CHORD BEARING OF NORTH 38°42'14" EAST, FOR AN ARC DISTA
FEET TO A POINT; THENCE RUN NORTH 70°04'27" EAST FOR A DISTA
TO THE POINT OF BEGINNING.
TOGETHER WITH:
gdettlii)797.4M
82 FEET A
08.06
A 9:1; 9
CE G CITY
CITYCF,IIAMICLct'
COMMENCE AT THE AFOREMENTIONED POINT "A"; THENCE RUN ALONG THE
NORTH LINE OF SAID SECTION 32, NORTH 87°24'21" EAST FOR A DISTANCE OF 958.69
FEET TO THE POINT OF BEGINNING "B" OF THE FOLLOWING DESCRIBED PARCEL
OF LAND; THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION 32,
NORTH 87°24'21" EAST FOR A DISTANCE OF 351.42 FEET TO A POINT; THENCE SOUTH
01°52'56" EAST FOR A DISTANCE OF 242.22 FEET; THENCE SOUTH 86°58'54" WEST FOR
A DISTANCE OF 346.60 FEET TO A POINT; THENCE NOIA,'�H 03°01'06" WEST FOR A
DISTANCE OF 244.78 FEET TO THE POINT OF BEGIN VG"B"; CONTAINING 84,978
SQUARE FEET MORE OR LESS OR 1.951 ACRES MORE LESS.
Parcel 2: (CS Modified) (Leasehold Interest)
ALL THAT PORTION OF LEJEUNE GARDEN ESTATES SECTION 4, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44 AT PAGE 23, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LAG WITHIN THE BOUNDARY OF
THE FOLLOWING DESCRIBED LANDS, TOIlER WITH UN -SUBDIVIDED LANDS
LYING WITHIN THE NORTHEAST ONE -QUARTER 1/4) OF SECTION 32, TOWNSHIP 53
SOUTH, RANGE 41 EAST, MLAIf\DE COUNTY, FLORIDA, SAID LANDS BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER
(1/4) OF SAID SECS ,; TRUCE RUN ALONG THE SOUTH LINE OF THE
NORTHEAST ONE DARTER (I/4) OF SA ID SECTION 32. NORTH 88°08118" EAST FOR
A DISTANCE OF 6-0.34.11 FQ A POINT; THENCE RUN NORTH 00°53'17" WEST FOR
A DISTANCE OF 45.01 _f,EET TO A POINT ON A LINE 45.00 FEET NORTH OF AND
PARALLEL WITH, AS MEW -RED AT RIGHT ANGLES TO, THE SAID SOUTH LINE OF
THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32; THENCE RUN ALONG THE
EASTERLY LIMITED ACCESS RIGHT-OF-WAY LINE OF N.W. 42ND AVENUE (LEJEUNE
ROAD) THE FOLLOWING SIX (6) COURSES; (1) THENCE RUN NORTH 00°53'17" WEST
FOR A DISTANCE OF 59.96 FEET TO A POINT; (2) THENCE RUN NORTH 48°58'49" WEST
FOR A DISTANCE OF 562.53 FEET TO A POINT ON THE NEXT DESCRIBED CIRCULAR
CURVE CONCAVE TO THE NORTHEAST; (3) THENCE RUN NORTHWESTERLY ALONG
THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00 FEET, A
CENTRAL ANGLE OF 28°08'25", A CHORD LENGTH OF 228.52 FEET ALONG A CHORD
BEARING OF NORTH 30°31'45" WEST, FOR A DISTANCE OF 230.84 FEET TO A POINT
ON A CIRCULAR CURVE CONCAVE TO THE EAST AND THE POINT OF BEGINNING
OF THE FOLLOWING DESCRIBED PARCEL OF LAND; (4) THENCE CONTINUE ALONG
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE
OF 13°02'27", A CHORD LENGTH OF 106.74 FEET ALONG A CHORD BEARING OF
NORTH 09°56'20" WEST, FOR A DISTANCE OF 106.97 FEET TO A POINT OF TANGENCY;
S
(5) THENCE RUN NORTH 03°25'06" WEST FOR A DISTANCE OF 623.61 FEET TO A
POINT; (6) THENCE RUN NORTH 07°58'00" WEST FOR A DISTANCE OF 1 atre6fErtaTrocki 9: Is 9
A POINT ON A LINE 50.00 FEET EAST OF AND PARALLEL WITH, AS MEASURED AT
RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST ONE-QUAR 1/4) CT T Y CLE;,Af'
SAID SECTION 32; THENCE RUN ALONG A LINE 50.00 FEET EAST OF AND RALLEiiAl l
WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE NORTHEAST
ONE -QUARTER (1/4) OF SAID SECTION 32, NORTH 00°54'35" WEST FOR A DISTANCE
OF 992.21 FEET TO A POINT; THENCE RUN NORTH 88°49'41" EAST FOR A DISTANCE
OF 251.82 FEET TO A POINT; THENCE RUN NORTH 70°04'29" EAST FOR A DISTANCE
OF 285.46 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 32; THENCE RUN
ALONG THE NORTH LINE OF SAID SECTION 32, NORTH 87°24'21" EAST FOR A
DISTANCE OF 117.47 FEET TO THE POINT; THENCE RUN SOUTH 70°04'27" WEST FOR
A DISTANCE OF 492.97 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST; THENCE RUN SOUTHW
OF SAID CIRCULAR CURVE TO THE LEFT, HAVING
CENTRAL ANGLE OF 62°44'26", A CHORD LENGTH
BEARING OF SOUTH 38°42'14" WEST, FOR AN ARC! IST
TERLY ALONG THE ARC
DIUS OF 190.00 FEET, A
7.82 FEET AND A CHORD
E OF 208.06 FEET TO A
POINT; THENCE RUN SOUTH 07°20'01" WEST Fcgt A DISTAL OF 167.35 FEET TO A
POINT; THENCE RUN NORTH 72°00'10" EAST, R A 1, STANCE OF 1164.70 FEET TO A
POINT; THENCE RUN SOUTH 02°55'37" EAST'I,R A.OISTANCE OF 357.95 FEET TO A
POINT; THENCE RUN NORTH 87°03'24" EAST ft4L A DISTANCE OF 4.09 FEET TO A
POINT ON A NON -TANGENT CIRCULrWI VE CONCAVE TO THE NORTHEAST;
THENCE RUN SOUTHERLY ALONG THE' AR MAID CIRCULAR CURVE TO THE
LEFT, HAVING A RADIUS OF 573 EETCENTRAL ANGLE OF 12°47'34", A CHORD
LENGTH OF 127.79 FEET AND '" D B ; ' RING OF SOUTH 08°39' 10" EAST, FOR AN
ARC DISTANCE OF 128.05 FAT TO4 POI OF COMPOUND CURVATURE; THENCE
RUN SOUTHEASTERLY ALQ-AQ OF A CIRCULAR CURVE TO THE LEFT,
HAVING A RADIUS O,F- $..52`.TET, A CENTRAL ANGLE OF 46°30'17", A CHORD
LENGTH OF 172.54 F, "` A 4 CARD BEARING OF SOUTH 38°18'05" EAST, FOR AN
ARC DISTANCE Of (77.36 FE TO A POINT OF COMPOUND CURVATURE; THENCE
RUN EASTERLY ALIIIISQ THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A
RADIUS OF 658.52 FE ;,A CENTRAL ANGLE OF 22°55'46", A CHORD LENGTH OF
261.78 FEET AND A CI-IO BEARING OF SOUTH 73°01'06" EAST, FOR AN ARC
DISTANCE OF 263.54 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN
EASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING A
RADIUS OF 218.52 FEET, A CENTRAL ANGLE OF 46°30'17", A CHORD LENGTH OF
172.54 FEET AND A CHORD BEARING OF NORTH 72°15'52" EAST, FOR AN ARC
DISTANCE OF 177.36 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN
NORTHERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A
RADIUS OF 573.52 FEET, A CENTRAL ANGLE OF 64°03'41", A CHORD LENGTH OF
608.36 FEET AND A CHORD BEARING OF NORTH 16°58'54" EAST, FOR AN ARC
DISTANCE OF 641.24 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN
NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING
A RADIUS OF 218.52 FEET, A CENTRAL ANGLE OF 46°30'17", A CHORD LENGTH OF
172.54 FEET AND A CHORD BEARING OF NORTH 38°18'05" WEST, FOR AN ARC
DISTANCE OF 177.36 FEET TO A POINT OF COMPOUND CURVATURE; THENCE RUN
NORTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, HAVING
A RADIUS OF 658.52 FEET, A CENTRAL ANGLE OF 10°30'38", A CHORD LENGTH OF
120.63 FEET AND A CHORD BEARING OF NORTH 66°48'32" WEST, FOR AN ARC
DISTANCE OF 120.80 FEET TO A POINT; THENCE RUN NORTH 71°24'19" WEST FOR A
DISTANCE OF 146.44 FEET TO A POINT; THENCE RUN ALONG THE NORTH LINE OF
SAID SECTION 32, NORTH 87°24'21" EAST FOR A DISTANCE OF 566.28 FEET TO A
POINT; THENCE RUN SOUTH 03°01'06" EAST FOR A DISTANCE OF 244.78 FEET TO A
POINT; THENCE RUN SOUTH 86°58'54" WEST FOR A DISTANCE OF 58.97 FEET TO A
POINT; THENCE RUN SOUTH 03°03'12" EAST FOR A DISTANCE OF 375.24 FEET TO A
POINT ON A NON -TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHWEST;
THENCE RUN SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE
RIGHT, HAVING A RADIUS OF 420.29 FEET, A CENTRAL ANGLE OF 85°06'29", A
CHORD LENGTH OF 568.47 FEET AND A CHORD BEARING OF SOUTH 38°45'05" WEST,
FOR AN ARC DISTANCE OF 624.30 FEET TO A POINT ON T
TANGENT CIRCULAR CURVE CONCAVE TO THE
SOUTHWESTERLY ALONG THE ARC OF A CIRCULA
A RADIUS OF 865.48 FEET, A CENTRAL ANGLE QL'.4°3
1165.19 FEET AND A CHORD BEARING OF S FH 41°20' 'WEST, FOR AN ARC
DISTANCE OF 1278.24 FEET TO A POINT 4KTERS4 CURVATURE; THENCE RUN
SOUTHWESTERLY ALONG THE ARC OF SA �,�,�iULAR CURVE TO THE RIGHT,
HAVING A RADIUS OF 104.00 FEET, A CENT ANGLE OF 87°57'O1 ", A CHORD
LENGTH OF 144.42 FEET AND A CHORD NGSOUTH 43°00'23" WEST, FOR AN
ARC DISTANCE OF 159.64 FEET TO A 1I rE RUN SOUTH 86°58'54" WEST
FOR A DISTANCE OF 739.49 FEE] W TH3rIT BEGINNING.
0
NEXT DESCRIBED NON-
THEAST; THENCE RUN
VE TO THE LEFT, HAVING
A CHORD LENGTH OF
EXHIBIT "B"
STADIUM PARCEL LEGAL DESCRIPTION
-11
-71cz
C") C.ri
'111
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:at
f.D
1-- -W"
EXHIBIT" B'
2`'25 FEB 27 MI 9: t 9
LEGAL DESCRIPTION OF STADIUM PARCEL r
CITY '
Parcel 1: (Leasehold Interest)
A PORTION OF UN -SUBDIVIDED LANDS LYING WITHIN THE NORTHEAST ONE -
QUARTER (1/4) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST, MIAMI-DADE
COUNTY, FLORIDA, SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER
(1/4) OF SAID SECTION 32; THENCE RUN ALONG THE SOUTH LINE OF THE
NORTHEAST ONE -QUARTER (1/4) OF SAID SECTION 32, NORTH 88°08'18" EAST FOR
A DISTANCE OF 649.34 FEET TO A POINT; THENCE RUN'ORTH 00°53'17" WEST FOR
A DISTANCE OF 45.01 FEET TO A POINT ON A L1 .00 FEET NORTH OF AND
PARALLEL WITH, AS MEASURED AT RIGHT ANGL"TO; `'IE SAID SOUTH LINE OF
THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32; TF'-IICE RUN ALONG THE
EASTERLY LIMITED ACCESS RIGHT-OF-WAY,LE OF N.W. 424 AVENUE (LEJEUNE
ROAD) THE FOLLOWING FIVE (5) COURSES; (1) THENCE RUN NORTH 00°53'17" WEST
FOR A DISTANCE OF 59.96 FEET TO A POINT; (2)1NCE RUN NORTH 48°58'49" WEST
FOR A DISTANCE OF 562.53 FEET TO A SIT ON`KE NEXT DESCRIBED CIRCULAR
CURVE CONCAVE TO THE NORTHEAST; (3)1L.CEiJN NORTHWESTERLY ALONG
THE ARC OF SAID CURVE TO THE R1430:4,14ANING A RADIUS OF 470.00 FEET, A
CENTRAL ANGLE OF 41 ° 10'52"i Rb, NGTH OF 330.59 FEET ALONG A CHORD
BEARING OF NORTH 24°00';i''"WES FOR DISTANCE OF 337.81 FEET TO A POINT
OF TANGENCY; (4) THENCSI IN 25'06" WEST FOR A DISTANCE OF 623.61
FEET TO A POINT; (5) - NC*1 RUN NORTH 07°58'00" WEST FOR A DISTANCE OF
193.68 FEET TO A P• • C50.00 FEET EAST OF AND PARALLEL WITH, AS
MEASURED AT ' T AN " S 10, THE WEST LINE OF THE NORTHEAST ONE -
QUARTER (1/4) OF � SECTN 32; THENCE RUN ALONG A LINE 50.00 FEET EAST
OF AND PARALLEL + , MEASURED AT RIGHT ANGLES TO, THE WEST LINE
OF THE NORTHEAST O'N11ARTER (1/4) OF SAID SECTION 32, NORTH 00°54'35"
WEST FOR A DISTANCE O 992.21 FEET TO A POINT; THENCE RUN NORTH 88°49'41"
EAST FOR A DISTANCE OF 251.82 FEET TO A POINT; THENCE RUN NORTH 70°04'29"
EAST FOR A DISTANCE OF 285.46 FEET TO A POINT ON THE NORTH LINE OF SAID
SECTION 32; THENCE RUN ALONG THE NORTH LINE OF SAID SECTION 32, NORTH
87°24'21" EAST FOR A DISTANCE OF 609.46 FEET TO THE POINT OF BEGINNING OF
THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE CONTINUE ALONG THE
NORTH LINE OF SAID SECTION 32, NORTH 87°24'21 " EAST FOR A DISTANCE OF 392.40
FEET TO A POINT; THENCE RUN SOUTH 71 °24' 19" EAST FOR A DISTANCE OF 146.44
FEET TO A POINT ON A NON -TANGENT CIRCULAR CURVE CONCAVE TO THE
SOUTHWEST; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAR
CURVE TO THE RIGHT HAVING A RADIUS OF 658.52 FEET, A CENTRAL ANGLE OF
10°30'38", A CHORD LENGTH OF 120.63 FEET AND A CHORD BEARING OF SOUTH
66°48'32" EAST, FOR AN ARC DISTANCE OF 120.80 FEET TO A POINT OF COMPOUND
CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF A CIRCULAR
CURVE TO THE RIGHT, HAVING A RADIUS OF 218.52 FEET, A CENTRAL ANGLE OF
46°30'17", A CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF SOUTH
38°18'05" EAST, FOR AN ARC DISTANCE OF 177.36 FEET TO A POINT OF COMPOUND
CURVATURE; THENCE RUN SOUTHERLY ALONG THE ARC OF A CIRCULAR CURVE
TO THE RIGHT, HAVING A RADIUS OF 573.52 FEET, A CENTRAL ANGLE OF 64°03'41";
A CHORD LENGTH OF 608.36 FEET AND A CHORD BEARING OF SOUTH 16°58'54"
WEST, FOR AN ARC DISTANCE OF 641.24 FEET TO A POINT OF COMPOUND
CURVATURE; THENCE RUN WESTERLY ALONG THE ARC OF A CIRCULAR CURVE
TO THE RIGHT, HAVING A RADIUS OF 218.52 FEET, A CENTRAL ANGLE OF 46°30'17",
A CHORD LENGTH OF 172.54 FEET AND A CHORD BEARING OF SOUTH 72°15'52"
WEST, FOR AN ARC DISTANCE OF 177.36 FEET TO A POINT OF COMPOUND
CURVATURE; THENCE RUN WESTERLY ALONG THE ARC OF A CIRCULAR CURVE
TO THE RIGHT, HAVING A RADIUS OF 658.52 FEET, A CENTRAL ANGLE OF 22°55'46",
A CHORD LENGTH OF 261.78 FEET AND A CHORD BEARING OF NORTH 73°01'06"
WEST, FOR AN ARC DISTANCE OF 263.54 FEET TO A POINT OF COMPOUND
CURVATURE; THENCE RUN NORTHWESTERLY AL! s SHE ARC OF A CIRCULAR
CURVE TO THE RIGHT, HAVING A RADIUS OF 2 IA. ' FEr `A CENTRAL ANGLE OF
46°30'17"; A CHORD LENGTH OF 172.54 FEET A CHO' . ERRING OF NORTH
38°18'05" WEST, FOR AN ARC DISTANCE OF 10(36 F T TO A I INT OF COMPOUND
CURVATURE; THENCE RUN NORTHERLY ALG-E ARC OF A CIRCULAR CURVE
TO THE RIGHT, HAVING A RADIUS OF 573.52 FE/4'6A CENTRAL ANGLE OF 12°47'34",
A CHORD LENGTH OF 127.79 FEET A , ' HOrt0 SEARING OF NORTH 08°39'l0"
WEST FOR AN ARC DISTANCE OF 128. IQ'A POINT; THENCE RUN SOUTH
87°03'24" WEST FOR A DISTANC,L--QF 4.'T TO A POINT; THENCE RUN NORTH
02°55'37" WEST FOR A DISTANIXOn08.91VEET TO THE POINT OF BEGINNING.
EXHIBIT "C"
SUBSTATION PREMISES LEGAL DESCRIPTION
NW 14TH STREET
Oa1p5S
PRE
JEUNE ROAD
J
NW 21 ST STREET
THIS
SITE
S.R. 836
H AVENUE
VIC NITY MAP
(NOT TO SCALE)
SURVEY NOTES:
2025 FEB 27
FSCEOF THE
CITY OF
AM 9: 44BBREVIATIONS:
CITY CL zfe3
«IAMI R
FDOT
FPL
LB
M.D.C.R.
M.D.X.
DELTA
FEDERAL PROJECT
LENGTH
RADIUS
FLORIDA DEPARTMENT
OF TRANSPORTATION
f! CRIDA PGc/Fl? & 11C.HT
LICENSED BUSINESS
MIAMI-DADE COUNTY
RECORDS
"'l lk WFf F?riT r
P.B. PLAT BOOK
PG. PAGE
P.O.B.
P.O.C.
PSM
R I W
RNG.
TWP
#i Ln TRit/tI f&L—N'i
PROFESSIONAL SURVEYOR
AND MAPPER
RIGHT OF WAY
RANGE
TOWNSHIP
1. THIS /5 A SKETCH AND DESCRIPTION OF AN EASEMENT PREPARED FOR FPL.
2. BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM,
EAST ZONE, NORTH AMERICAN DATUM OF 1983 (2011 ADJUSTMENT) WITH A REFERENCE BEARING
OF NORTH 88°0835" EAST ALONG THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF
SECTION 32, TWP 535, RNG 41E
3. THIS SKETCH HAS BEEN PREPARED BASED ON INFORMATION OBTAINED FROM THE PUBLIC
RECORDS. A TITLE SEARCH HAS NOT BEEN PERFORMED.
4. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR
PARTIES IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
5. COPIES OF THIS SURVEY AID` NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL
OR THE VERIFIED DIGITAL SIGNATURE OF THE FLORIDA LICENSED PROFESSIONAL SURVEYOR AND
MAPPER LISTED HEREON.
6. DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMAL PORTIONS THEREOF.
7. SEE PAGE 2 OF 3 FOR LEGAL DESCRIPTION.
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SURVEY OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO
THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON
JANUARY 12, 2024 MEETS THE STANDARD OF PRACTICE UNDER RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE
CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
MICHAEL ROSS, PSM
STATE OF FLORIDA
SUBSTATION EASEMENT
SECTION 32 TOWNSHIP 53 SOUTH
RANGE 41 EAST
E 144.Ac
(ONSULOUP
FLORIDA LB
3970 RCA BOULEVARD, SUITE #7750
PROJECT NO SCALE DRAWN BY
CHECKED BY SHEET(S)
25001.00
1"=50 HN MR
1 OF 3
LEGAL DESCRIPTION:
BEING A PORTION OF LOTS 21 THRU 24 IN BLOCK 1, A PORTION OF LOTS 9 THRU 11 IN BLOCK 2, AND A
PORTION OF NW 41ST AVENUE, "LEJEUNE GARDEN ESTATES SECTION 4" ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 44, PAGE 23 OF THE PUBLIC RECORDS OF M/AMI-DADE COUNTY, FLORIDA
AND LYING IN THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41 EAST,
M/AMI-DADE COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID NORTHEAST ONE -QUARTER (1/4); THENCE NORTH
50°45'01" EAST, A DISTANCE OF 589.41 FEET TO THE POINT OF BEGINNING, THENCE NORTH 41 °01'11"
EAST, A DISTANCE OF 137.00 FEET; THENCE NORTH 48 "5849" WEST, A DISTANCE OF 210.00 FEET;
THENCE SOUTH 41 ° 01 ' 11 " WEST, A DISTANCE OF 47.62 FEET; THENCE NORTH 23 ° 30'03" WEST, A DISTANCE
OF 69.55 FEET; THENCE SOUTH 86 ' 58'52" WEST, A DISTANCE OF 21. 60,rEET TO A POINT ON THE ARC OF A
CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 166.00 PEET; THENCE NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32 ° 14", ` AN. ARC DISTANCE OF 93.42 FEET;
THENCE SOUTH 22'27'06" EAST, A DISTANCE OF 122.59 FEET TQ A P011f QN THE ARC OF A CURVE
CONCAVE TO THE EAST AND HAVING A RADIUS OF 32.00 FED-`; THENCE SOUTHERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 26'3143", AN ARC DISTANCE OF 14.82 FEET; THENCE SOUTH
48 ° 58'49" EAST, A DISTANCE OF 35.80 FEET; THENCE SOt H 41 `O"1'11 " WEST, A DISTANCE OF 3.00 FEET;
THENCE SOUTH 48°5849" EAST, A DISTANCE OF 210.00 FELL' 7O THE POINT OF BEGINNING.
SAID LANDS LYING IN M/AMI-DADE COUNTY FLORIN ANL) CONTAINING 39,524 SQUARE FEET (MORE OR
LESS).
SUBSTATION EASEMENT
SECTION 32 - TOWNSHIP 53 SOUTH
RANGE 41 EAST
3970 RCA BOULEVARD, SUITE #7750
PALM BEACH GARDENS, FL 33410
INFO@ZEMANGROUP. COM
(561) 223-8035
t{I4AN
CONSULTING GROUP
FLORIDA LB NO. 8431
PROJECT NO.
SCALE
DRAWN BY
CHECKED BY
SHEET(S)
25001.00
1" = 50'
HN
MR
2 OF 3
25 50 100
•
•
\
•
SCA4 r: 1" = 50'
R=32.00'
D=26 ° 31' 43"
L=14.82'
5.48 ' 58' 49" E
on 3 5.80'
41 6'S ' 01'11"W--
>1. 2c "—.„c 3.00'
11,,,f4NSTERLY LIMITED
0 CV ° r:ACCESS R/W LINE
tiaM (4.1CTION 87281-OMIC)
R„ e
f
a
Ct
W d"
I--Zo
°W�
Nt
zQ��
J=O2
LW
rQ
vi
3Z: uMi
P.O.C.
SOUTHWEST
CORNER OF THE
NORTHEAST
ONE -QUARTER (1/4)
OF SECTION 32,
TWP 53S, RNG 41E
SOUTH LINE OF
THE NORTHEAST
ONE -QUARTER (1/4)
OF SECTION 32,
TWP 53S, RNG 41E
SUBSTATION EASEMENT
SECTION 32 - TOWNSHIP 53 SOUTH
RANGE 11 EAST
3970 RCA BOULEVARD, SUITE #7750
PALM BEACH GARDENS, FL 33410
♦ • • II d • : • • • 11
/
4'
V/V tN
ryN
\
Tr
N
Lfl
b0
L11
0
t/1 N
OA
O �s
0
a in
M LC)
N•
Z '0
47.62'
S41°01'11"W
•
/
o"
O N /®!.�po^ /
el' N °00AREA=39,5r4 / \
V SQUARE FEET, \
1/1\
/ \_
,
4 b.N4
94
I 41 Q
`1,
N41°01'I1"E
r.v.u.
t414AN
(ONSULTING GROUP
0
0O
Ln
N
00
z
PROJECT NO. 25001.00
SCALE
EXHIBIT "D"
TRANSMISSION AND DRAINAGE EASEMENT LEGAL DESCRIPTION
CD
{s1
09
NW 14T
PY
NW 21 ST STREET
THIS
SITE
NW 37TH AVENUE
V►CINI I Y MAP -
(NW IU SCALL)
1iI25 FEB 27 AM 9: 50
-F{CE Of THE CITY CLEC .P.
CITY OF MIAMI R
ABBREVIATIONS:
D DELTA
FEDERAL PROJECT
LENGTH
RADIUS
FDOT FLORIDA DEPARTMENT
OF TRANSPORTATION
FPL
LBLl�`END{IBNE�Ss:hT
M.D.C.R. MIAMI-DADE COUNTY
RECORDS
M.D.X. MIIAPMII DADES�ACOUNTY
P.B. PLAf� B OK r AUTHOf1Tr
PG. PAGE
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
PSI41 ANd (QPFI72I SURVEYOR
RI W RIGHT OF WAY
RNG. RANGE
TWP TOWNSHIP
SURVEY NOTES:
1. THIS IS A SKETCH AND DESCRIPTION OF AN EASEMENT PREPARED FOR FPL.
2. BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST
ZONE, NORTH AMERICAN DATUM OF 1983 (2011 ADJUSTMENT) WITH A REFERENCE BEARING OF NORTH
00`5348" WEST ALONG THE WEST LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32, TWP
53S, RNG 41E
3. THIS SKETCH HAS BEEN PREPARED BASED ON INFORMATION OBTAINED FROM THE PUBLIC RECORDS. A
TITLE SEARCH HAS NOT BEEN PERFORMED.
4. ADDITIONS OR DELETIONS TO SURVEYMAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR
PARTIES IS PROHIBITED WITHOUT THE warn -EN CONSENT OF THE SIGNING PARTY OR PARTIES.
5. COPIES OF THIS SURVEY ARE NOT VALID WTTHOL THE SIGNATURE AND ORIGINAL RAISED SEAL OR THE
VERIFIED DIGITAL SIGNATURE E THE FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER
LISTED HEREON.
6. DISTANCES SHOWN HEREON` ARE IN U.S. SURVEY FEET AND DECIMAL PORTIONS THEREOF.
7. SEE PAGE 2 OF 3 FOR L L DESCRIPVON.
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SURVEY OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO
THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON
JANUARY 12, 2024 MEETS THE STANDARD OF PRACTICE UNDER RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE
CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON.
MICHAEL ROSS, PSM
REGISTRATION NO. 6622
STATE OF FLORIDA
TRANSMISSION EASEMENT
SECTION 32 - TOWNSHIP 53 SOUTH
RANGE 41 EAST
PALM BEACH GARDENS, FL 33410
INFO@ZEMANGROUP. COM
(561) 223-8035
CEMAN
CONSULTING GROUP
PROJECT NO.
25001.00
SCALE
1" = 50'
DRAWN BY
HN
CHECKED BY
SHEET(S)
MR
1 VI- 4
i
025 FEB 27 AM 9: 50
I617 OF E CITY C CITY OF MIAMI
LEGAL DESCRIPTION:
BEING A PORTION OF LOTS 6 THRU 10 AND LOTS 20 THRU 25 IN BLOCK 1, A PORTION OF LOTS 11 AND 12 IN
BLOCK 2, AND A PORTION OF NW 41ST AVENUE, "LEJEUNE GARDEN ESTATES SECTION 4" ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 23 OF THE PUBLIC RECORDS OF M/AMI-DADE COUNTY,
FLORIDA AND LYING IN THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41
EAST IN MIAMI-DADE COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID NORTHEAST ONE -QUARTER (1/4); THENCE NORTH 00'53'48"
WEST ALONG THE WEST LINE OF SAID NORTHEAST ONE -QUARTER (1/4), A DISTANCE OF 861.11 FEET; THENCE
NORTH 89'06'12" EAST DEPARTING SAID WEST LINE, A DISTANCE OF 98.83 FEET TO A POINT ON THE
EASTERLY LIMITED ACCESS RIGHT OF WAY LINE OF M/AMI DADE COUNTY EXPRESSWAY AUTHORITY (M.D.X.) AS
SHOWN ON FDOT RIGHT OF WAY MAP SECTION 87281-0MIC AND SAID POINT BEING THE POINT OF BEGINNING;
THENCE NORTH 86'34'54" EAST DEPARTING SAID EASTERLY LIMITED ACCESS RIGHT OF WAY LINE, A
DISTANCE OF 20.45 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST
AND HAVING A RADIUS OF 37.00 FEET (A RADIAL LINE THROUGH SAID POINTS BEARS NORTH 49'51'02" EAST);
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°37'00", AN ARC
DISTANCE OF 17.83 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST
AND HAVING A RADIUS OF 23.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 75'30'58", AN ARC DISTANCE OF 30.31 FEET TO A POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 166.00 FEET; THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 10'03", AN ARC DISTANCE OF 70.02 FEET; THENCE
SOUTH 43'40'58" EAST, A DISTANCE OF 152.09 FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE
CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 166.00 FEET (A RADIAL LINE THROUGH SAID POINTS
BEARS NORTH 19 °03'06" EAST); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 10` 10'32", AN ARC DISTANCE' OF 29.48 FEET; THENCE SOUTH 22 27'06" EAST, A DISTANCE
OF 122.59 FEET TO A POINT OF THE ARC OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS
OF 32.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
26°3143", AN ARC DISTANCE OF 14.82 FEET; THENCE SOUTH 48°5849" EAST, A DISTANCE OF 35.80 FEET;
THENCE SOUTH 41 ° 01 ' 11 " WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 48 G" 58'49" EAST, A DISTANCE OF
235.00 FEET; THENCE SOUTH 41'01'11" WEST, A DISTANCE OF 60.20 FEET TO A POINT ON THE EASTERLY
LIMITED ACCESS RIGHT OF WAY LINE OF SAID MIAM/ DADE COUNTY EXPRESSWAY AUTHORITY (M.D.X.);
THENCE NORTH 48 °5849" WEST ALONG SAID LIMITED ACCESS RIGHT OF WAY LINE, A DISTANCE OF 281.05
FEET TO A POINT ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A
RADIUS OF 470.00 FEET (A RADIAL L8N4 THROUGH SAID POINTS BEARS NORTH 45°24'02" EAST); THENCE
NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41 ° 10'52", AN ARC
DISTANCE OF 337.81 FEET; THENCE NORTH 03 °25'06" WEST, A DISTANCE OF 65.13 FEET TO THE POINT OF
BEGINNING.
SAID LANDS LYING IN M/AMI-DADE COUNTY FLORIDA AND CONTAINING 43,015 SQUARE FEET (MORE OR LESS).
TRANSMISSION EASEMENT
SECTION 32 - TOWNSHIP 53 SOUTH
RANGE 41 EAST
3970 RCA BOULEVARD, SUITE #77.50
PALM BEACH GARDENS, FL 33410
INFO@ZEMANGROUP. COM
(561) 223-8035
CEMAN
CONSULTING GROUP
FLORIDA LB NO. 8431
PROJECT NO.
SCALE
DRAWN BY
CHECKED BY
25001.00
1" = 50'
HN
MR
1
SHEET(S) I 2 OF 4
1
N 49 ° 51' 02" E
(RADIAL)
N 86 - 34' 54" E
20.45'
_,. 98.83'
IN 89 ° 06' 12" E
�3
P.O.B.
00
O
M
n in
tf1 N
W C LOT 7
o • k0
Woo
▪ N
J 0 co
�W 2
2
I O
b3W
LOT 5
R=37 00'
z i /
' D=2737' 00"
LOr6 FEB 23 71 6�
--' i , 7
Day
>
�-1 ® I k0 LOT 9
.cO O
LOT8
F
TRANSMI
EASEMEN
,Aiif* ,015
P.O.C.
SOUTHWEST CORNER OF THE
NORT TONE
SECTION 32, TWP 53S, RNG 41E
3,40.
30' 58"
L=30.31'
LOT 27
LOT 26
TS O BLOCK 1
o
P.B. 44, PG. 23, M.D.C.R.
9. /
Lti
ij
—�.-. —
OT 10
LOT 25
LOT 24
R=166.00'
) D-10-9-1 e'32'
L=29.48'
0 5 r 3
MATCH LINE (SEE SHEiET 4 OF 1I) ,��
SOUTH LINE OF
THE NORTHEAST
ONE -QUARTER (1/4)
OF SECTION 32,
TWP 535, RNG 41E
—L-OT-23-- —
100
SCALE: 1" = 50'
SECTION 32 - TOWNSHIP 53 SOUTH
RANGE 41 EAST
CEMAN
(ONSUl11Kt2f/OUD
Fl QRIf4 I R
NO. 8431
PALM BEACH GARDENS, FL 33410
PROJECT NO. SCALE DRAWN BY
CHECKED BY SHEET(S)
25001.00
1"= 50'HNMR
3 OF 4
--a
J1
--en
rn
03
�fl
cri
cD
rn
\
R= 470.00'
D= 41 10' 52"
L= 337.81'
Lel
Lu
lvi V
•0
Lu
0
4. N
-Jo00
Z
et
-O
`^ 3 W
Lu c
RECEIVE
\ 2025 FEB 27 AM 9: 50
\ OFFICE Of THE CITY CLE.
CITY Of €MIAMI
cy
N 45' 24\ c'"
(RADIAL]
LOT 11
S 41° 01' 11" W
60.20'
0 25 50 1 00
SCALE: 1" = 50'
BLOCK 1
P.B. 44, PG. 23, M.D.C.R.
R=32.00'
D=26° 31'
L=14.82'
S 41'
3.00'
S 48 ` 58' 49" E
35.80'
01' 11" W
fr
BLOCK 2
P.B. 44, PG. 23, M.D.C.R.
't.
\
TRANSMISSION EASEMENT
SECTION 32 - TOWNSHIP 53 SOUTH
RANGE 41 EAST
3970 RCA BOULEVARD, SUITE #7750
PALM BEACH GARDENS, FL 33410
INFO@ZEMANGROUP. COM
(561) 223-8035
t'[14AN
CONSULTING GROUP
FLORIDA LB NO. 8431
PROJECT NO.
25001.00
SCALE
1" = 50'
DRAWN BY
HN
CHECKED BY
MR
SHEET(S)
4 OF 4
EXHIBIT "E"
DISTRIBUTION AND DRAINAGE EASEMENT LEGAL DESCRIPTION
NW 14TH STREET
1pr, 4PY
�RE55
LE JEUNE ROAD
NW 21 ST STREET
THIS
SITE
S.R. 836
H AVENUE
VICINITY MAP
(NOT TO SCALE)
2025 FEB 2 7 r
ABBREVIATIONS:
Q. Lj
a t" J iia:. CITY
Y ;V L.P.
CITY IAMI R
FDOT
FPL
LB
M.D.C.R.
M.D.X.
P.B.
PG.
P.O.B.
DELTA
FEDERAL PROJECT
LENGTH
RADIUS
FLORIDA DEPARTMENT
OF TRANSPORTATION
►LCf?IDA POWER 5 ►ICHT
LICENSED BUSINESS
MIAMI-DADE COUNTY
RECORDS
MIAMI DADE COUNTY
EXPRESSt!Ar A R—HOl? Tr
PLAT BOOK
PAGE
POINT OF BEGINNING
PO/NT Or COMMENCEMENT
PROFESSIONAL SURE; oR
AND MAPPER
R/W RIGHT OF WAY
RNG. IMNGE
TWP "1►0WNSHIP
SURVEY NOTES:
1. THIS lS A SKETCH AND DESCRIPTION OF AN EASEMENT PREPARED FOR FPL.
2. BEARINGS SHOWN HEREON ARE RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST
ZONE, NORTH AMERICAN DATUM OF 1983 (2011 ADJUSTMENT) WITH A REFERENCE BEARING OF NORTH
88 °08'35" EAST ALONG THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32, TWP
53S, RNG 41E
3. THIS SKETCH HAS BEEN PREPARED BASED 014 INFORMATION OBTAINED FROM THE PUBLIC RECORDS. A
TITLE SEARCH HAS NOT BEEN PERFORMED.
4. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR
PARTIES IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES.
5. COPIES OF THIS SURVEY ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OR THE
VERIFIED DIGITAL SIGNATUAW OF THE FLIJRIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER
LISTED HEREON.
6. DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMAL PORTIONS THEREOF.
7. SEE PAGE 2 OF 3 FOR LEGAL DESCRIPTION.
CERTIFICATION:
/ HEREBY CERTIFY THAT THE ATTACHED SURVEY OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO
THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON
JANUARY 12, 2024 MEETS THE STANDARD OF PRACTICE UNDER RULE 5J-17 OF THE FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE
QUALIFICATIONS NOTED HEREON.
MICHAEL ROSS, PSM
REGISTRATION NO. 6622
MAINTENANCE EASEMENT
SECTION 32 - TOWNSHIP 53 SOUTH
RANGE 41 EAST
3970 RCA BOULEVARD, SUITE #7750
PALM BEACH GARDENS, FL 33410
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LEGAL DESCRIPTION:
BEING A PORTION OF LOTS 21 THRU 24 IN BLOCK 1, A PORTION OF LOTS 9 THRU 12 IN BLOCK 2, AND A
PORTION OF NW 41 ST AVENUE, "LEJEUNE GARDEN ESTATES SECTION 4" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 44, PAGE 23 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA LYING IN THE NORTHEAST ONE -QUARTER (1/4) OF SECTION 32, TOWNSHIP 53 SOUTH, RANGE 41
EAST, MIAMI-DADE COUNTY, FLORIDA. SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID NORTHEAST ONE -QUARTER (1/4); THENCE NORTH
53'39'16" EAST, A DISTANCE OF 569.73 FEET TO THE POINT OF BEGINNING, THENCE NORTH 48°5849"
WEST ALONG A LINE 35.20 FEET EASTERLY OF AND PARALLEL TO THE EASTERLY RIGHT OF WAY LINE OF
THE MIAMI DADE COUNTY EXPRESSWAY AUTHORITY (M.D.X.) AS SHOWN ON THE FDOT RIGHT OF WAY MAP
FOR SECTION 87281-0MIC, A DISTANCE OF 260.00 FEET; THENCE NORT/$41 *01'11" EAST, A DISTANCE OF
28.00 FEET; THENCE SOUTH 48'58'49" EAST, A DISTANCE OF 25.00 F1; THENCE SOUTH 41 °01 '11 "
WEST, A DISTANCE OF 3.00 FEET; THENCE SOUTH 48°58'49" EAST, *,DISTANCE OF 210.00 FEET;
THENCE NORTH 41 '01'11" EAST, A DISTANCE OF 137.00 FEET; TI CS- QRTH 48'58'49" WEST, A
DISTANCE OF 210.00 FEET; THENCE SOUTH 41 °01'11" WEST, A RISTANCE\OF 47.62 FEET; THENCE
NORTH 23-30'03" WEST, A DISTANCE OF 69.55 FEET; THENCt NORTH 86°5 t" EAST, A DISTANCE OF
102.71 FEET; THENCE SOUTH 03 °02'06" EAST, A DISTANCE OF 39.94 FEET; THENCE SOUTH 48 °58'49"
EAST, A DISTANCE OF 196.17 FEET; THENCE SOUTH 41 °0?#1" WEFT, A DISTANCE OF 187.00 FEET TO
THE POINT OF BEGINNING.
SAID LANDS LYING IN MIAMI-DADE COUNTY FLORID CONTANG 19,377 SQUARE FEET (MORE OR
LESS).
MAINTENANCE EASEMENT
SECTION 32 - TOWNSHIP 53 SOUTH
RANGE 41 EAST
I
3970 RCA BOULEVARD, SUITE #7750
PALM BEACH GARDENS, FL 33410
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FLORIDA LB NO. 8431
PROJECT NO.
25001.00
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BLOCK 1
P.B. 44, PG. 23, M.D.C.R.
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MAINTENANCE EASEMENT
SECTION 32 - TOWNSHIP 53 SOUTH
RANGE 41 EAST
3970 RCA BOULEVARD, SUITE #7750
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PROJECT NO.
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SCALE
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