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Settlement and Release of Lien Authorization 3/2/ 1/ 2- 71f 7� SETTLEMENT AND RELEASE OF LIEN AUTHORIZATION PROPERTY ADDRESSES: 2315 Pine Tree Drive, Miami Beach, Florida 2335 Pine Tree Drive, Miami Beach, Florida 2351 Pine Tree Drive, Miami Beach, Florida 2365 Pine Tree Drive, Miami Beach, Florida 32024 1h Street, Miami Beach, Florida 2370 Flamingo Drive, Miami Beach, Florida 2380 Flamingo Drive, Miami Beach, Florida PROPERTY OWNER: Museum Walk Apartments LLC CASE NUMBERS: JB08000443; JC09001125; JC09001062; JB10000180; JB09000327; JB08000340; JC09001124; JC09001123; JC09001061; JB10000336; JC09000462; JC09000128; JC08000599; JB09000422; JB08000274; JC09001154; JC09001064; JC09000878; JC09000744; JC09000741; JC07000805; JB09000115; JB08000249; JB09000364; JC08000459; JB07000716; JB08000251; JB08000423; JC09001063; JB09000144; JB08000250; JC09001 122; JC09000675; J1708000163; JB10000181; JC10000046; JC09001059; JC09000247; and JB08000268 ; NATURE OF LIENS: Building, Code and Fire Violations LIEN AMOUNTS: $2,611,246.93 LEGAL DESCRIPTIONS: Folio Number: 02-3227-000-0040. Said property being known as 2315 Pine Tree Drive, Miami Beach, Florida: 27 53 42 BEG AT PT ON N/L CANAL AT X OF E/L PINE TR DR NELY ALG CANAL 281.15 FTNW 184.88FTSW TO POB LOT SIZE 123.870 X 184 OR 14008-356 0189 2, according to the Plat thereof, as recorded in Plat Book 26, Page 13 of the Public Records of Miami-Dade County, Florida. Folio Number: 02-3227-000-0030. Said property being known as 2335 Pine Tree Drive, Miami Beach, Florida: 27 53 42 BEG 205FTSW OF X OF E/L PINE TR DR & S/L 24 ST SW80.71 FT SE184.88FT TO CANAL NE79.85FT NW175.25FT TO POB LOT SIZE 80.280 X 180, according to the Plat thereof, as i r recorded in Plat Book 26, Page 13 of the Public Records of Miami-Dade County, Florida. Folio Number: 02-3227-000-0060. Said property being known as 2351 Pine Tree Drive, Miami Beach, Florida: 27 53 42 .42 AC BEG 10OFTS X OF E/L PINETREE DR WITH S/L W24ST TH E175FT TH S105FT W TO E/L PINETREE DR TH N TO POB LOT SIZE 105.000 X 175, according to the Plat thereof, as recorded in Plat Book 26, Page 13 of the Public Records of Miami-Dade County, Florida. Folio Number: 02-3227-000-0080. Said property being known as 2365 Pine Tree Drive, Miami Beach, Florida: 27 53 42 .4 AC BEG AT X OF E/L PINE TR DR & S/L 24 ST ELY 175FTS AT R/A 10OFT W AT R/A TO E/L PINE TR DR N100FT TO POB LOT SIZE 100.00 X 175, according to the Plat thereof, as recorded in Plat Book 26, Page 13 of the Public Records of Miami-Dade County, Florida. Folio Number: 02-3227-000-0010. Said property being known as 320 W 24th Street, Miami Beach, Florida: 27 53 42 BEG AT 175FTNELY OF X OF E/L OF PINE TREE DR WITH S/L OF W24 ST TH NELY 70FT SWLY102.51FT NWLY70FT NELY102.5FT TO POB LOT SIZE 70.00 X 103, according to the Plat thereof, as recorded in Plat Book 26, Page 13 of the Public Records of Miami-Dade County, Florida. Folio Number: 02-3227-000-0050. Said property being known as 2370 Flamingo Drive, Miami Beach, Florida: 27 53 42 BEG AT X OF N/L CANAL & W/L FLAMINGO DR NE44.60FT NW105FT NE3.5FT NW70FT SW182.35FT NE220.56FT TO POB LOT SIZE IRREGULAR, according to the Plat thereof, as recorded in Plat Book 26, Page 13 of the Public Records of Miami-Dade County, Florida. Folio Number: 02-3227-000-0020. Said property being known as 2380 Flamingo Drive, Miami Beach, Florida: 27 53 42 BEG 245FTSE CF X OF E/L OF PINE TR DR & S/L OF 24 ST SE55FT TO PC SE78.54FT TO PT ON W/L FLAM DR SWLY56FT NW105FT NE106FT TO POB LOT SIZE 78.540 X 106, according to the Plat thereof, as recorded in Plat 2 Book 26, Page 13 of the Public Records of Miami- Dade County, Florida. Pursuant to the authority vested in the City Charter to enter into Settlement Agreements for liens against property filed by the City of Miami Beach, this Settlement Agreement is entered into with Museum Walk Apartments LLC, the property owner at 2315 Pine Tree, Miami Beach, Florida; 2335 Pine Tree Drive, Miami Beach, Florida; 2351 Pine Tree Drive, Miami Beach, Florida; 2365 Pine Tree Drive, Miami Beach, Florida; 320. 24th Street, Miami Beach, Florida; 2370 Flamingo Drive, Miami Beach, Florida; and 2380 Flamingo Drive, Miami Beach, Florida, to settle and provide for the release of the liens as'indicated herein. The City Clerk of the City of Miami Beach is hereby directed and authorized to release all liens associated with the above referenced case numbers, including but not limited to those set forth in the attached Schedule 'A," which are imposed upon the real property located at 2315 Pine Tree Drive, Miami Beach, Florida; 2335 Pine Tree Drive, Miami Beach, Florida; 2351 Pine Tree Drive, Miami Beach, Florida; 2365 Pine Tree Drive, Miami Beach, Florida;-320 24th Street, Miami Beach, Florida; 2370 Flamingo Drive, Miami Beach, Florida; and 2380 Flamingo Drive, Miami Beach, Florida, pursuant to conditions herein and as described herein. Conditions of Settlement: These liens in the amount of $2,611,246.93 are settled in consideration of receipt of $550,000.00 receipt of which is hereby acknowledged. The property owner warrants that the subject properties are in compliance with City codes. The appeals styled Museum Walk Apartments LLC v. City of Miami Beach pending in the Appellate Division of the Circuit Court in the Eleventh Judicial Circuit in and for Miami-Dade County, Case Numbers: No. 11-068 AP; No. 11-069 AP; No. 11-070 AP; No. 11-087 AP; No. 11-064 AP; No. 11-065 AP; No. 11-066 AP; No. 11-067 AP; No. 11-058 AP; No. 11-060 AP; No. 11-061 AP; No. 11-062 AP; No. 11-063 AP; No. 11-081 AP; No. 11-082 AP; No. 11-083 AP; No. 11-084 AP; No. 11-076 AP; No. 11-077 AP; No. 11-078 AP; No. 11-079 AP; No. 11-080 AP; No. 11-115 AP; No. 11-116 AP; No. 11-118 AP; No. 11-122 AP; No. 11-072 AP; No. 11-073 AP; No. 11-074 AP; No. 11-085 AP; No. 11-086 AP; No. 11-119 AP; No. 11-117 AP; No. 11-120 AP; No. 11-121 AP; No. 11-123 AP; No. 11-124 AP; No. 11-662 AP;and No. 11-670 AP, shall be dismissed forthwith, with the parties to bear their respective attorneys' fees and costs. l 117 I ZOl APPRO LD AS TO FORMA& LANGUAGE J r e Go zale , Ci Manager Date & FOR EXECUTION 3 Date AGREEMENT TO SETTLEMENT AND RELEASE AUTHORIZATION I have read this Settlement and Release of Lien Authorization, regarding 2315 Pine Tree Drive, Miami Beach, Florida; 2335 Pine Tree Drive, Miami Beach, Florida; 2351 Pine Tree Drive, Miami Beach, Florida; 2365 Pine Tree Drive, Miami Beach, Florida; 32024 1h Street, Miami Beach, Florida; 2370 Flamingo Drive, Miami Beach, Florida; and 2380 Flamingo Drive, Miami Beach, Florida, Special Master Case Numbers set forth above, and lien amou of ,611,246.93 and 1 understand and agree to its terms and have executed same r' p rposes he ein stated. Accepted by: Museum k artments LLC Date By: Alan R. Lie b man, as President of PCCO, Inc. f/k/a 1an Lieberman Management Corporation, Manager STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this day of May, 2012 by Alan R. Lieberman, as President of PCCO, Inc., f/k/a Alan Lieberman Management Corporation, who has produced her/his driver's license as identification and who did/did not take an oath. My commission expires: otar ublic Stat f FI ri =off`''°(qn Notary Public State of Florida Chnr anne Nunez t nOF x s 0 !170 13 irem5s /2 o 4 Exhibit A Schedule of Liens (All instruments recorded in Miami-Dade County, Florida) 1. Lien in favor of the City of Miami Beach recorded in Official Records Book 27183, at Page 1637 2. Lien in favor of the City of Miami Beach recorded in Official Records Book 27234, at Page 513 3. Lien in favor of the City of Miami Beach recorded in Official Records Book 27234, at Page 514 4. Lien in favor of the City of Miami Beach recorded in Official Records Book 27264, at Page 1490 5. Lien in favor of the City of Miami Beach recorded in Official Records Book 27264, at Page 1493 6. I.,ien in favor of the City of Miami Beach recorded in Official Records Book 27264, at Page 1496 7. Lien in favor of the City of Miami Beach recorded in Official Records Book 27183, at Page 1624 8. Lien in favor of the City of Miami Beach recorded in Official Records Book 27183, at Page 1625 9. Lien in favor of the City of Miami Beach recorded in Official Records Book 27183, at Page 1627 10. Lien in favor of the City of Miami Beach recorded in Official Records Book 27099, at Page 153 11. Lien in favor of the City of Miami Beach recorded in Official Records Book 27099, at Page 4311 12. Lien in favor of the City of Miami Beach recorded in Official Records Book 27183, at Page 1622 13. Lien in favor of the City of Miami Beach recorded in Official Records Book 27183, at Page 1623 14. Lien in favor of the City of Miami Beach recorded in Official Records Book 27058, at Page 4793 15. Lien in favor of the City of Miami Beach recorded in Official Records Book 27059, at Page 672 16. Lien in favor of the City of Miami Beach recorded in Official Records Book 27058, at Page 4787 17. Lien in favor of the City of Miami Beach recorded in Official Records Book 27024, at Page 3840 18. Lien in favor of the City of Miami Beach recorded in Official Records Book 27024, at Page 3844 19. Lien in favor of the City of Miami Beach recorded in Official Records Book 27000, at Page 3125 20. Lien in favor of the City of Miami Beach recorded in Official Records Book 26996, at Page 4757 21. Lien in favor of the City of Miami Beach recorded in Official Records Book 26960, at Page 1934 22. Lien in favor of the City of Miami Beach recorded in Official Records Book 26877, at Page 955 23. Lien in favor-of the City of Miami Beach recorded in Official Records Book 26844, at Page 4142 24. Lien in favor of the City of Miami Beach recorded in Official Records Book 26844, at Page 4144 25. Lien in favor of the City of Miami Beach recorded in Official Records Book 26783, at Page 1743 26. Lien in favor of the City of Miami Beach recorded in Official Records Book 26775, at Page 3634 27. Lien in favor of the City of Miami Beach recorded in Official Records Book 26722, at Page 2942 28. Lien in favor of the City of Miami Beach recorded in Official Records Book 26712, at Page 1661 29. Lien in favor of the City of Miami Beach recorded in Official Records Book 26672, at Page 364 30. Lien in favor of the City of Miami Beach recorded in Official Records Book 26650, at Page 2397 31. Lien in favor of the City of Miami Beach recorded in Official Records Book 26650, at Page 2395 32. Lien in favor of the City of Miami Beach recorded in Official Records Book 26650, at Page 2396 33. Lien in favor of the City of Miami Beach recorded in Official Records Book 26617, at Page 3297 34. Lien in favor of the City of Miami Beach recorded in Official Records Book 26409, at Page 2300 r-- 35. Lien in favor of the City of Miami Beach recorded in Official Records Book 27430, at Page 1167 36. Lien in favor of the City of Miami Beach recorded in Official Records Book 26798, at Page 0285 37. Lien in favor of the City of Miami Beach recorded in Official Records Book 26798, at Page 0286 38. Lien in favor of the City of Miami Beach recorded in Official Records Book 27430, at Page 1166 9111254670