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Memorandum of Agreementl his instrument was prepared by: \4nrtin :1. Schwartz, Esq. Bilzin Sumberg Baena Price h A.ieh•od 1.T.P 200 South Biscayne Boulevard. Suite 2500 Miami. Florida 331:11-5340 NIENIORANDUlV1 OF AGREEMENT I1-IIS MEMURANDUVt Uh AGREEMENT ("Mctinorandum") dated us of 2009 is made by and among SCOTT ROBINS CO>\'fPAN1ES, INC., ("SRC") a Florida corporation, PURDY PARTNERS, LLC, a Florida limited liability company and 1849 PURDY PARTNERS, LLC, a Florida limited liability company, all having an address at 230 Fifth Street, Miami Beach, Florida 33139 (collectively, "Seller"); Cl'I'Y OF hIIADII BEACH, a municipal corporation ("City'"), havutg an address at 1700 Convention Center Drive, vliami Beach, Fioritia 33139 and BAY R0.4,D PARTNERS, I.LC and BAY ROAD OU1'P.YRCEL P.~It'1NERS, LLC, both Florida limited liability companies having an address at 230 Fifth Street, Miami Beach, Florida 33139 (collectively, "Buyers"). A. Seller and City have entered into an a~'eement dated December 2008 (".Agreement") R>r the sale to City of certain interests ut the property described in Exhibit A ("Entire Property"). B. In accordance +vith the Agreement, Buyers artd City have acquired utterests in the property described in L• xhibit B ("Tremont Parcel"). C. The Agreement permits the City under certain wnditions to acquire the interests of Buyers in the Tremont Parcel for the price and on the terms spcciSeti in the :lgreetnent. D. The Agreement permits SRC or its affiliates [o acquire the interest of City in the Tremont Parcel under certain conditions for the price and on the terms specified in the Agreement. E. The Agreement also permits the City to acquire interests in the Entire Property other titan the Tremont Parcel under certain u~nditions for the price and on the temms specified in the .Agreement. F. Seller, City and Buyers desire to provide record notice of the existence of the Agreement. nnamu 176zo29±~srrzuwe VO`A' TIIF.RF.FORE, in consideration of the sum of S10.00 and other good acrd t°aluable consideration, including the comcyance of a portion of the 'Tremont Parcel to City, the receipt and suflicicney of which is acl:nowlcdgcd, the ponies agree as Tollows: 1. Notice. 'Phis Memorandum constitutes notice of the Agrecmcnt, which is incorporated into and made a part of this Memorandum by reference. This Memorandum contains otily a summary statement of the existence of the ilgrectnent and is not intended, acrd will not be construed, to aflect the terms thereof. For a complete description of the terms and conditions of the Agreement. reference should be made to the Agrecmcnt. 2. ~4iscellaneous. This Memorandum, and arty other rights and burdens set forth in the .Agreement are intended to and will run with title to, acrd be a burden upon, the L•'tttirc Property and will be binding on the parties, their successors and assigns, as owners thereof. This \lcmorandum may be executed in arty number of counterparts, each of which shall be deemed an original. 'This Memorandum shall be governed by and in accordance with the laws of the State of l~lorida. >inforcement of the terms and provisions of this 1`demorandum shall be at the reasonable discretion of the aggrieved party. Any forbearance by such aggrieved part}' in exercising its rights under this Memorandum or the Agrecmcnt in the event of any breach b}• the other party, shall not be deemed ar constnued to he a waiver of the aggrieved patty's rights thereunder. ]Signatures on following pages] S91AD911?b20293 78293307962 TN ~4'I"1'N6SS G67IL-REOF, the panics have caused this Mcmorandwn to be executed as of the day and year first above writ ten. R'ITVF.SSF.S: SF.LLEK: Sign __ SCOTT KO131NS CO111PANIF.S, IVC., Prin[ Namc _ a Florida corporation Sign -_ Print Name __ By: Scoll Robins, President Sigm Print Name PitRDY PAK'1'NEKS, LLC Sign - Ry: Purdy Partners SRC, LLC, Manager Print N.vne (as to all parties signing as Seller) By: Scott Kobins, Managing A~Iernber 1849 YUKDY PART7\'F;RS, I,LC Bv: Purdy Parhters 18~i9 SRC, I,LC ivlanagcr Bv: _ Scott Robins, Managing Mcmbcr MIAMI Ii6?0'_9.3 ?82Y33U?9113 ~Y1T>\`CSSF.S: Sign Print Vame Sign Print Namc (As to City) CI'l'Y: CITY OF b4IA~II RF,ACH, FLORIllA, a municipal corporation of the State of Florida Bv: ATTEST: I3y: (SEAL] APPROVED AS TO FORM & LANGUAGE tk FOR EXECUTION ~ ~ ~,~ 3 Z, ~ 99 j~ orney Data V11A~~11 1'620'?9.3 ',A2yi30?964 V!~'1'1'VESSCS: Sign Print Name Sien Print Name Si€n _.. . Print Nautc Sign __ Print Name (as to all parties constituting Buyers) RIJYERS: RAY ROAll PAR'fl\ERS, LLC By: Ltap Road Partners SRC, LLC B}' ~ _ Scott Robins, Managing D•fember RAY ROAD OU'1'YAKCLL PARTNF,RS, LLc By: L',ay Koad Outparcel Patners SRC, LLC Scull Rollins, \-tanaging Vlcmbcr S'I'A'fE OP 1~LORllli1 SS: COUNTY OF 1v11AMI-llAllLi ) The foregoing insu-ument was ackno~a•]edged before me this da} of 2(109, by Scott Robins, as President of Scott Robins Companies, Inc., a Florida cogxtration, un behalf of said corporation. IIe is personally known to me or has produced a State of Florida driver's license as idcntilication. A1y Commission Lxpires: Sign Natnc: Print Namc: _ NOTARI' PUBLIC Serial No. (none, ifblank): [NOTARY SEAL] >tl~'~I~~11 1 ±62029.3 7R29330'964 ST~1TF. OF FLORIDA ) SS: COCTTY OF \-tIAMI-ll~'U~E ) 1'he foregoing instrument \a as acknowledged belbre me this day oi' 2009, by Scott Robins. as Managing Nlcmber of Purdy Partners SRC, LLC', Adviager oI' Purdy Partners, LLC, a Florida limited liability compacty, on behalFof said limited liability companies. i Ie is personally known to me or has produced a State of Florida driver's license as identification. Sign Name: Print Name: __ My Commission Expires: NO"I':ARy' PUBLIC Serial No. (none, ifblank): ~NU'1':1KY SEAL] STATE Ul~ FLORIDA ) SS: COC.'NTY OF M1~1N11-ll:wli } The foregoing instrument \vas acknowledged belbre me this day of 2009, by Scott Kobins, as 1`danaging Mcmbcr of Purdy Partners 1849 SRC, LLC, Manager of 849 Purdy Partners, LLC, a Florida limited liability company, on behalf of said limited liability companies. He is personally known to me or has produced a State of Florida driver's license as identification. Sign Namc: - Prin[ Name: _ Nly Commission F,xpires: N0T:1RY PU13L1C Serial No. (none. il'blank): SPATE OF F1.ORiD:~ ) )SS COUNTY U1~ i`41AI\lI-DADF. ) [NOTARY SF,AL~ The lilregoing instnunent was acknowledged before me this day of , 2009, by Scott Robins, as Managing Nlember of Bay Road Parincrs SRC, LLC, a Florida limited liability company, \lanager of Bay Road Partners, LLC, a Florida limited liability company, on behalfol'such limited liability companies, \aho is personally known to me or who has produced a driver's license as identitcation. Notar\• Public-State of Florida N1y commission cspires: Ml:\~11 0620293 ;829330?9riG STATF.OF FLORIDA ) )SS COUNTY OF M[:~h4!-llAllG ) fhe foregoing instrument. w•as acknowledged before me this day of ?009; by Scott Kobins, as ',Aanaging Member of Ray Road Outparcel Paru~ers SRC, LLC, \•fanager of Bay Road Outparcel Parincrs, LLC, a Florida limited liability company, on behalf of such limited liabilih companies, who is personally knotivn to me or who has produced a driver's license as identification. Nolarv Public-State of Florida bly cottunission espires: Print Name S91AAlI 1762029.3 7R2433(179F7 STATE OF hLORIDA ) 5S COiNTY OF NII~'1i~4I-DADF. ) The foregoing instruntcnt teas acknowledged helinc me this _ daq of .2009 by as of the Cit} of 1`diami Bcach, a municipal corporation; on behalf of such corporation, who is pcrsonall} known to me or who has produced a driver's license as identification. Kotarv Public-State of Florida Print V;une ]v1y commission expires: MI:A~il 17G30~9,i ^•8293;4?9fi 51:~TF OF FLOR1llA ) SS: COUNTY OF hIl:lbll-llADF. ) The fiiregoing vcas acknu~rledged before me this :~ ~ ' ~ day of ivhrch, 2009 by ~'latti f1. Bower, as Mayor of the City of 1`diami Bcaclt, a municipal corporation of the State of Florida, on behalf of such municipal corporation. She is personally known to me or has produced a Florida driver's license as identification. Sign Namo: / ~~` "' ~` ./`~w-~ PrintNamc:~t`:,r ~~e rr~g.~o~~P ; NOTARY PUBLIC, ST.4T~ OF FLORIDA Print Name: ~ r ~ y ~l° rp4~1 c~e_~ Nly Cotrunission Fxpires: Mar 3, .~O/I 522451 F.\HIBl'I"'A" En'1'1RL PROPF.RTI' t`11ANI1 I i 62029.3 ?R2933U?96 F.XHIRIT "l3" TRF.111()NT 1'AIZCLL The East 112 of Lot 7 and All of Lot 8, Block 14 of the ALTON BEACH REALTY COMPANY'S PLAT OF ISLAND VIEW SUBDIVISION, as recorded in Plat Book 6, Page 115, of the Public Records of Miami- Dade County, Florida, and the East 112 of Lot 3 and all of Lots 1 and 2, Block 14A, of ISLAND VIEW ADDITION, as recorded in Plat Book 9, Page 144, of the Public Records of Miami-Dade County, Florida. 111Ah11 I ;72197.1 ?829330'96 3:_3: U9 Ml:\111 I?621129.3 '8293 ip^96 MI:AMll I^G202 J.: ?8293~0'9fi2