Settlement Statement with Sydell Indian Creek LLC 020f7—.297 1(9
Settlement Statement
Grantee: City of Miami Beach,a Florida municipal corporation
1700 Convention Center Drive,4th Floor,Miami Beach,Florida 33139
Grantor. Sydell Indian Creek LLC a Delaware limited liability company
do Sydell Group Ltd.,30 West 26th Street, 12th Floor,New York,NY 10010
Property Location: 2731 Indian Creek Drive,Miami Beach,Florida 33140(See Exhibit A attached)
Date: 11"-7 2-5 ,2017
Settlement Agent: Suzanne A.Dockerty,P.A.
110 Merrick Way,Suite 3B,Coral Gables,Florida 33134
Grantee Settlement Fees:
Title Search Reports and Updates: $250.00
Title Insurance Premium($171,220): $1,080.00
Settlement Fee: $500.00
Clerk of Court Recording Fee:
Quit Claim Deed with Easement Agreement: $ 78.00
Documentary Stamp Tax: $ 1.05
Easement Agreement: $ 61.00
Documentary Stamp Tax: $ 1.05
Partial Release of Security Agreement: $ 27.00
Wire Transfer FeefFedEx: $ 75.00
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Total Grantee Settlement Fees: $ 2,073.10
I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief,it is a true
and accurate statement of all receipts and disbursements made on account of this transaction.
Grantee:
City of Mia Beach,a F 1.116 municipal corporation
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By: lnia �
Print Name le: J' A L. Morales Cit Manager
Attest:
4 Ptjt7 25,le • Approved to omi d Lan. fggr Execution
Rafael E. Granado 'off'' a'' B �qt+ _ 1'�--
City Clerk ������ g�i tilt ' r JAI:
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Sydell Indian Creek LLC,a Delaware limited liability company
By: Y-S Hostel a e LLC,a Delaware limited liability company,
Authorize. i_ •ge
By: 1�f
Joshua 8ab611t,Vice President
I
2
This instrument was prepared by and after
recording should be returned to:
Raul J. Aguila, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio Number: 02-3226-001-0910 and 0920 (Reserved for Clerk of Court)
EASEMENT AGREEMENT �{
This Easement Agreement ("Agreement") is made this 25 day of ' l iN"]' , 2017,
by and between the City of Miami Beach, a Florida municipal corporation, whose address is
1700 Convention Center Drive, Miami Beach, Florida 33139 (the"City") and Sydell Indian Creek
LLC, a Delaware limited liability company, whose address is 30 West 26th Street, 12th Floor,
New York, NY 10010 ("Sydell LLC") (the City or Sydell LLC may be referred to herein
individually as a "party" or collectively as "parties");
WHEREAS, the City owns that land, situate, lying and being in Miami-Dade County,
Florida ("City's Property") legally described as:
ALL THAT LAND LYING WEST OF INDIAN CREEK DRIVE AND BETWEEN THE NORTH
LINE OF LOT 9, OF SAID BLOCK 9, PRODUCED WESTERLY TO THE WATERS OF INDIAN
CREEK AND THE SOUTH LINE OF LOT 12, OF SAID BLOCK 9, PRODUCED WESTERLY TO
THE WATERS OF INDIAN CREEK AS THE SAME IS SHOWN BY THE AMENDED MAP OF
THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5,AT PAGE 7, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, Sydell LLC is the owner of that land, situate, lying and being in Miami-Dade
County, Florida ("Sydell's Property") legally described as:
LOTS 9, 10, 11 AND 12, IN BLOCK 9, AS THE SAME IS SHOWN BY THE AMENDED MAP OF
THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, AT PAGE 7, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, Sydell LLC desires to preserve a perpetual, non-exclusive easement for
ingress and egress on, in and over the City's Property, with the exact location(s) to be
determined at a future date, in connection with any future development of Marine Related Uses,
as defined in Section 3, which uses are anticipated to be developed adjacent to or near the
seawall adjacent to the City's Property, specifically for the benefit of Sydell's Property;
WHEREAS, the City has the authority and capacity to grant the perpetual, nonexclusive
easement granted herein pursuant to City of Miami Beach Resolution Number 2017-29749;
WHEREAS, the City Manager as referenced in this Easement Agreement shall mean
the chief executive officer of the City or such person(the City Manager's designee)as may from
time to time be authorized in writing by such administrative official to act for him/her with respect
to any or all matters pertaining to this Easement Agreement.
1
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1. The above recitals are true and correct and are incorporated herein as part of this
Easement Agreement.
2. the City does hereby grant to Sydell LLC, its successors and assigns, a perpetual, non-
exclusive easement for ingress and egress in, over, on, and through the City's Property,
including over and across any seawall and/or bulkhead, for the benefit of the Sydell
Property, including securing authorization from any governmental authority (including
the Board of Trustees of the Internal Improvement Fund of the State of Florida) having
jurisdiction over the City's Property or the sovereign lands located adjacent thereto, in
connection with the construction, operation and maintenance of Marine Related Uses
and subject to the terms and conditions set forth herein.
3. As referred to herein, Marine Related Uses shall include water transportation stops, wet
dockage for pleasure craft, kiosks, walkways and decks, the operation of watercraft
rental, and other similar improvements and activities associated with the use of the
waterway.
4. Sydell will have the right to construct, maintain and operate, at its sole cost and
expense, improvements in connection with a Marine Related Use ("Marine
Improvement"). All Marine Improvements shall require the City Manager's prior written
consent, which consent shall not be unreasonably withheld; provided that: (1) Sydell
LLC is in good standing under the terms of this Easement (including payment of any
invoices issued pursuant to Section 6 herein); and (2) the proposed Marine
Improvement: (i) does not interfere with the use of the City's Property for a public
purpose; (ii)does not pose a public health, safety or welfare risk; or (iii) does not pose a
risk of damage to the improvements at the City's Property, which City improvements
may include, but are not limited to the seawall/retaining wall, utilities, or other City
improvements. Sydell shall be responsible for reimbursing the City for any real estate
taxes (including ad valorem taxes) assessed upon the City's Property as a direct result
of any Marine Improvements constructed, operated or maintained by Sydell and/or any
Marine Related Uses operated by Sydell. The City agrees to cooperate with Sydell
should Sydell choose to appeal any such assessment,
5. All approved Marine Improvements shall be constructed, operated and maintained in
compliance with all applicable regulations of the Federal, State, County, City of Miami
Beach Code of Ordinances, and any other regulations governing the Marine Related
Use (collectively, "Laws"). The City shall not unreasonably withhold any approval that
may be required by Federal or State agencies or similar third parties for the construction
of all approved Marine Improvements. Following completion of any Marine Improvement,
Sydell LLC, at its sole cost and expense, shall have the sole responsibility for repairing
and maintaining the Marine Improvement and any surrounding area thereto, including,
without limitation, the seawall. Sydell LLC shall provide the same level of maintenance
for the Easement Area and Marine Improvements as the City currently provides for
similar areas and similar improvements, but at minimum, the Marine Improvements shall
be maintained and operated in a safe, clean and orderly manner.
6. Should Sydell LLC fail to maintain the Easement Area or any Marine Improvements
constructed in connection with any Marine Related Uses, upon receipt of thirty(30) days
2
written notice from the City, and Sydell LLC's failure to remedy the condition to the City
Manager or City Manager's designee's satisfaction, the City may, but without an
obligation to do so, undertake Sydell LLC's repair obligation and Sydell LLC shall
reimburse the City for said expense within thirty (30) days from presentment of the
invoice. Any unpaid invoices shall accrue interest at the rate of one percent (1%) per
month until paid.
7. Subject to the limitations set forth in Section 3, Sydell LLC shall have the right to access
any portion of the City's Property which may be reasonably necessary to grant Sydell
LLC access to the Marine Improvements or in connection with the operation of the
Marine Related Use. Upon the City approving a Marine Improvement, the parties shall
execute an amendment to this Easement Agreement, attaching a sketch of the Marine
Improvement and the legal description of the easement area ("Easement Area"),
describing the location of the Marine Improvement and access locations at the City's
Property for ingress and egress related to the Marine Improvement or Marine Related
Use.
8. The City shall not withhold or obstruct Sydell, LLC's access to the Easement Area
through the installation of a fence or other similar means; except as may be necessary in
connection with any repairs or improvements to the City's Property, such as the
installation of a new seawall/retaining wall; or as may be necessary for the health,
safety, or welfare of the general public.
9. The Easement may be modified, amended, or released as to any portion of the
Easement by a written instrument executed by both parties hereto or their successors or
assigns, providing that same has been approved by the City Commission.
10. It is understood and agreed that any City official has the right to enter and investigate the
use of the City's Property, to verify compliance with the conditions of this Easement
Agreement and any applicable Laws.
11. Sydell LLC, its employees, agents, servants, partners, principals or subcontractors
(collectively, "Indemnifying Parties") shall indemnify and hold harmless the City, its
officers, employees, agents and instrumentalities (collectively, "Indemnified Parties")
from any and all liability, losses or damages, including the costs of any suits, attorney's
fees and other expenses in connection therewith, including trial and appeals therefrom,
which the Indemnified Parties may incur as a result of claims, demands, suits, causes of
action, or proceedings of any kind or nature arising out of, relating to, or resulting from
the use of the Easement Area or Marine Improvement or in connection with the Marine
Related Use.
12. Insurance.
a. Construction Insurance. Upon approval of the first Marine Improvement by the
City, but no later than the date Sydell LLC secures all required governmental
approvals to commence construction, Sydell LLC shall purchase and thereafter
maintain insurance on the City's Property, during construction, as may be requested
by the City Manager or his designee, based upon insurance coverages customary for
the construction of the approved Marine Improvement, which may include, without
limitation, Builder's Risk insurance; Payment and Performance Bond for the value of
the construction of the Marine Improvement and Commercial General Liability
3
insurance for the Contractor, reflecting the City as an additional insured (collectively
"Construction Insurance").
b. Upon completion of the first approved Marine Improvement, Sydell LLC shall
secure and thereafter maintain, at all times, insurance covering the Easement Area
and all completed Marine Improvements, as may be requested by the City Manager
or his designee, based upon insurance coverages customary for the completed
Marine Improvement, but in any event with the minimum amounts as follows:
1. Commercial General Liability: $1,000,000 per occurrence;
$2,000,000 in the aggregate.
2. Property: Full replacement value for any completed Marine
Improvements within the Easement Area.
Such insurance policies shall name the City as an additional insured and loss payee
thereunder; shall be written by insurance companies licensed to do business in
Florida and with general policyholder rating of no less than A- and a financial rating
of at least VII; and shall provide for waiver of subrogation. Sydell LLC shall provide
the City with a certificate of insurance evidencing said coverages.
Sydell, LLC shall provide the City with written notice of any cancellation of
coverage within two (2) days from receipt of any notification of cancellation to:
The City of Miami Beach
Attention of Risk Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
The City reserves the right to modify the insurance requirements, in the City
Manager or his designee's reasonable discretion, based upon any change in the type
or number of Marine Improvements constructed.
13. Any notices required or permitted to be given under this Easement shall be in writing
and shall be deemed to have been given if delivered by hand, sent by recognized
overnight courier (such as Federal Express) or mailed by certified or registered mail,
return receipt requested, in a postage prepaid envelope, and addressed as follows:
If to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attention: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attention: City Attorney
If to Grantee at: Sydell Indian Creek, LLC
30 West 26 Street,l2th Floor
New York, NY 10010
Attention: General Counsel
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With a copy to: Bilzin Sumberg Baena Price &Axelrod, LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida 33131
Attention: Javier F. Avino, Esq.
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery and notices mailed in accordance with the foregoing shall be deemed
given three (3) days after deposit in the U.S. mails. The terms of this Section shall
survive the termination of this Easement Agreement.
14. Either party may bring an action, at law or in equity, to enforce the terms and conditions
of this Easement Agreement against any party or person violating or attempting to
violate any provision of this Easement Agreement, either to restrain violations or to
recover damages.
15. This Easement Agreement shall be enforceable in Miami-Dade County, Florida, and if
• legal action is necessary by either party with respect to the enforcement of any or all of
the terms and conditions herein, exclusive venue for the enforcement of same shall be
Miami-Dade County, Florida. This Easement Agreement shall be governed by, and
construed in accordance with, the laws of the State of Florida, both substantive and
remedial, without regard to principles of conflict of laws. The exclusive venue for any
litigation arising out of this Easement Agreement shall be Miami Dade County, Florida, if
in state court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS EASEMENT AGREEMENT, SYDELL LLC AND THE CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS EASEMENT
AGREEMENT.
16. Entire Agreement. This Easement Agreement constitutes the entire agreement between
the parties with ; respect to the subject matter hereof and supersedes all prior
agreements,understandings and arrangements, both oral and written.
17. City Representations. City covenants, warrants and represents (i) that City is the fee
simple owner of the City's Property and has the right, title and capacity to grant the
perpetual Easement granted herein, and (ii) there are no lienholders on the Easement
Property.
18.Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Easement
Agreement are appurtenant to the City's Property. The provisions hereof shall run with
the land, shall be binding on the parties hereto, their successors and assigns, and shall
inure to the benefit of Sydell's Property.
[Signature Pages Follow]
5
Signed, witnessed,executed and acknowledged this 14th day of April, 2017.
Signed, sealed and delivered
in the presence of: Sydell Indian Creek LLC,
a Delaware limited liability company
By: Y-S Hostel Real Estate LLC,
a Delaware limited liability company,
its sole memb r
Witnesses: Ai/
Print Name: Print Na ►-. Joshua Babbitt
77,41.1 F"- "" 0 tri Title: Vi' President
be,Ani-aPle.dwoaa
Print Name:, „A A6,10e061
STATE OF NEW YORK
ss:
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me this /U day of , 2017
by Joshua Babbitt, as Vice President of Y-S Hostel Real Estate LLC, on behalf of Sydel Indian
Creek LLC, a Delaware limited liability company,who is personally known to e.
My Commission Expires: wn7V1,34
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JONATHAN POLANSKY
NOTARY PUBLIC-STATE OF NEW YORK
No.01P06354687
Qualified In Queens County
My Commission Expires 02-21-2021
6
Signed, witnessed, executed and acknowledged this day of , 2017.
Signed, sealed and delivered
in the presence of: City of Miami Beach,
a Florida municipal co 'oration
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Rafael E. Granado, City Cle if '"0""'')7,4' ,Mor..le-, City Manager
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STATE OF FLORIDA )
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COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this O(.5 day of
ftp , 2017 by moi'(M L • Aim e S , as Ci44 Af�\A6 , on
behalf o he City of Miami Beach, lorida municipal corpor- ion, wh&its personally known to
me or who has produced as kr, tification.
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My Commission Expires: Public, State o Flori
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City Attorney )40 Date
This instrument was prepared by and after
recording should be returned to:
Raul J. Aguila, City Attorney
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
A portion of Folio Number:02-3226-001-0910 and 0920 (Reserved for Clerk of Court)
QUIT-CLAIM DEED AND EASEMENT AGREEMENT
THIS QUIT-CLAIM DEED, made as of this I t' day of Igc,u( , 2017 the
Effective Date), by Sydell Indian Creek LLC, a Delaware limited liabilq company, whose
address is 30 West 26th Street, 12th Floor, New York, NY 10010 ("First Party"), to the City of
Miami Beach, a Florida municipal corporation, whose address is 1700 Convention Center Drive,
Miami Beach, Florida 33139 ("Second Party"):
(Wherever used herein the terms First Party and Second Party shall include
singular and plural, heirs, legal representatives, and assigns of individuals, and
the successors and assigns of corporations, wherever the context so admits or
requires).
WHEREAS, First Party wishes to sell the Property, as more particularly described
herein, to Second Patty, which Property has an adjoining seawall that is in disrepair, and
Second Party is authorized to accept title to the Property and undertake the necessary repairs
to the adjoining seawall, as authorized pursuant to City of Miami Beach Resolution No. 2017-
29749.
WITNESSETH, that the said First Party, for and in consideration of the sum of Ten
Dollars and other good and valuable consideration ($10.00) in hand paid by the said Second
Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim
unto the said Second Party forever, all the right, title, interest, claim and demand which the said
First Party has in and to the following described land, situate, lying and being in Miami-Dade
County, Florida, (the"Property") and legally described as follows:
ALL THAT LAND LYING WEST OF INDIAN CREEK DRIVE AND BETWEEN
THE NORTH LINE OF LOT 9, OF SAID BLOCK 9, PRODUCED WESTERLY TO
THE WATERS OF INDIAN CREEK AND THE SOUTH LINE OF LOT 12, OF
SAID BLOCK 9, PRODUCED WESTERLY TO THE WATERS OF INDIAN
CREEK AS THE SAME IS SHOWN BY THE AMENDED MAP OF THE OCEAN
FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, AT
PAGE 7, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA NOW
KNOWN AS MIAMI-DADE COUNTY, FLORIDA.
TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and
appurtenances thereunto belonging.
1
TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and
appurtenances thereunto belonging.
The First Party reserves for itself, its successors and assigns a perpetual, non-exclusive
easement of ingress and egress in, over, on, and through the Property, specifically for the
benefit of First Party's property (as defined in the Easement Agreement), pursuant to the terms
and conditions set forth in the Easement Agreement, incorporated herein by reference and
attached hereto as Exhibit"A".
IN WITNESS WHEREOF, the said First Party has signed and sealed these presents the
day and year first above written.
Signed, sealed and delivered
in the presence of: Sydell Indian Creek LLC,
a Delaware limited liability company
By: Y-S Hostel Real Estate LLC,
a Delaware limited liability company,
its sole m- 'er
Witnesses: pr._
,...e 13 _-_-_-------
Print Name: g1 vSz°`-K Pr's ' ame: Joshua Babbitt
Title: Vice President
Print Name: I'
De_A OJ (1
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STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
The foregoing instrument was acknowledged before me this!D day of/111 , 2017
by Joshua Babbitt, as Vice President of Y-S Hostel Real Estate LLC, on behalf of Sell Indian
Creek LLC, a Delaware limited liability company,who is personally known to me.
%,/
My Commission Expires: 0,4 ( G ( N'dtary Public, State of N-4 ork
JONATHAN POLANSKY
NOTARY PUBLIC-STATE OF NEW YORK
No.01P06354687
Qualified In Queens County
My Commission Expires 02-21-2021
2
Exhibit"A"
Easement Agreement
This Easement Agreement ("Agreement") is made this _ day of , 2017,
by and between the City of Miami Beach, a Florida municipal corporation, whose address is
1700 Convention Center Drive, Miami Beach, Florida 33139 (the"City")and Sydell Indian Creek
LLC, a Delaware limited liability company, whose address is 30 West 26th Street, 12th Floor,
New York, NY 10010 ("Sydell LLC") (the City or Sydell LLC may be referred to herein
individually as a "party" or collectively as "parties");
WHEREAS, the City owns that land, situate, lying and being in Miami-Dade County,
Florida ("City's Property") legally described as:
ALL THAT LAND LYING WEST OF INDIAN CREEK DRIVE AND BETWEEN
THE NORTH LINE OF LOT 9, OF SAID BLOCK 9, PRODUCED WESTERLY TO
THE WATERS OF INDIAN CREEK AND THE SOUTH LINE OF LOT 12, OF
SAID BLOCK 9, PRODUCED WESTERLY TO THE WATERS OF INDIAN
CREEK AS THE SAME IS SHOWN BY THE AMENDED MAP OF THE OCEAN
FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, AT
PAGE 7, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA.
WHEREAS, Sydell LLC is the owner of that land, situate, lying and being in Miami-Dade
County, Florida ("Sydell's Property") legally described as:
LOTS 9, 10, 11 AND 12, IN BLOCK 9, AS THE SAME IS SHOWN BY THE
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 5, AT PAGE 7, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, Sydell LLC desires to preserve a perpetual, non-exclusive easement for
ingress and egress on, in and over the City's Property, with the exact location(s) to be
determined at a future date, in connection with any future development of Marine Related Uses,
as defined in Section 3, which uses are anticipated to be developed adjacent to or near the
seawall adjacent to the City's Property, specifically for the benefit of Sydell's Property;
WHEREAS, the City has the authority and capacity to grant the perpetual, nonexclusive
easement granted herein pursuant to City of Miami Beach Resolution Number 2017-29749;
WHEREAS, the City Manager as referenced in this Easement Agreement shall mean
the chief executive officer of the City or such person (the City Manager's designee)as may from
time to time be authorized in writing by such administrative official to act for him/her with respect
to any or all matters pertaining to this Easement Agreement.
NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
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1. The above recitals are true and correct and are incorporated herein as part of this
Easement Agreement.
2. The City does hereby grant to Sydell LLC, its successors and assigns, a perpetual, non-
exclusive easement for ingress and egress in, over, on, and through the City's Property,
including over and across any seawall and/or bulkhead, for the benefit of the Sydell
Property, including securing authorization from any governmental authority{including the
Board of Trustees of the Internal Improvement Fund of the State of Florida) having
jurisdiction over the City's Property or the sovereign lands located adjacent thereto, in
connection with the construction, operation and maintenance of Marine Related Uses
and subject to the terms and conditions set forth herein.
3. As referred to herein, Marine Related Uses shall include water transportation stops, wet
dockage for pleasure craft, kiosks, walkways and decks, the operation of watercraft
rental, and other similar improvements and activities associated with the use of the
waterway.
4. Sydell will have the right to construct, maintain and operate, at its sole cost and
expense, improvements in connection with a Marine Related Use ("Marine
Improvement"). All Marine Improvements shall require the City Manager's prior written
consent, which consent shall not be unreasonably withheld; provided that: (1) Sydell
LLC is in good standing under the terms of this Easement (including payment of any
invoices issued pursuant to Section 6 herein); and (2) the proposed Marine
Improvement: (i) does not interfere with the use of the City's Property for a public
purpose; (ii) does not pose a public health, safety or welfare risk; or(iii) does not pose a
risk of damage to the improvements at the City's Property, which City improvements
may include, but are not limited to the seawall/retaining wall, utilities, or other City
improvements. Sydell shall be responsible for reimbursing the City for any real estate
taxes (including ad valorem taxes) assessed upon the City's Property as a direct result
of any Marine Improvements constructed, operated or maintained by Sydell and/or any
Marine Related Uses operated by Sydell. The City agrees to cooperate with Sydell
should Sydell choose to appeal any such assessment.
5. All approved Marine Improvements shall be constructed, operated and maintained in
compliance with all applicable regulations of the Federal, State, County, City of Miami
Beach Code of Ordinances, and any other regulations governing the Marine Related
Use (collectively, "Laws"). The City shall not unreasonably withhold any approval that
may be required by Federal or State agencies or similar third parties for the construction
of all approved Marine Improvements. Following completion of any Marine Improvement,
Sydell LLC, at its sole cost and expense, shall have the sole responsibility for repairing
and maintaining the Marine Improvement and any surrounding area thereto, including,
without limitation, the seawall. Sydell LLC shall provide the same level of maintenance
for the Easement Area and Marine Improvements as the City currently provides for
similar areas and similar improvements, but at minimum, the Marine Improvements shall
be maintained and operated in a safe, clean and orderly manner.
6. Should Sydell LLC fail to maintain the Easement Area or any Marine Improvements
constructed in connection with any Marine Related Uses, upon receipt of thirty (30)days
written notice from the City, and Sydell LLC's failure to remedy the condition to the City
Manager or City Manager's designee's satisfaction, the City may, but without an
obligation to do so, undertake Sydell LLC's repair obligation and Sydell LLC shall
4
reimburse the City for said expense within thirty (30) days from presentment of the
invoice. Any unpaid invoices shall accrue interest at the rate of one percent (1%) per
month until paid.
7. Subject to the limitations set forth in Section 3, Sydell LLC shall have the right to access
any portion of the City's Property which may be reasonably necessary to grant Sydell
LLC access to the Marine Improvements or in connection with the operation of the
Marine Related Use. Upon the City approving a Marine Improvement, the parties shall
execute an amendment to this Easement Agreement, attaching a sketch of the Marine
Improvement and the legal description of the easement area ("Easement Area"),
describing the location of the Marine Improvement and access locations at the City's
Property for ingress and egress related to the Marine Improvement or Marine Related
Use.
8. The City shall not withhold or obstruct Sydell, LLC's access to the Easement Area
through the installation of a fence or other similar means; except as may be necessary in
connection with any repairs or improvements to the City's Property, such as the
installation of a new seawall/retaining wall; or as may be necessary for the health,
safety, or welfare of the general public.
9. The Easement may be modified, amended, or released as to any portion of the
Easement by a written instrument executed by both parties hereto or their successors or
assigns, providing that same has been approved by the City Commission.
10. It is understood and agreed that any City official has the right to enter and investigate the
use of the City's Property, to verify compliance with the conditions of this Easement
Agreement and any applicable Laws.
11.Sydell LLC, its employees, agents, servants, partners, principals or subcontractors
(collectively, "Indemnifying Parties") shall indemnify and hold harmless the City, its
officers, employees, agents and instrumentalities (collectively, "Indemnified Parties")
from any and all liability, losses or damages, including the costs of any suits, attorney's
fees and other expenses in connection therewith, including trial and appeals therefrom,
which the Indemnified Parties may incur as a result of claims, demands, suits, causes of
action, or proceedings of any kind or nature arising out of, relating to, or resulting from
the use of the Easement Area or Marine Improvement or in connection with the Marine
Related Use.
12. Insurance.
a. Construction Insurance. Upon approval of the first Marine Improvement by the City,
but no later than the date Sydell LLC secures all required governmental approvals to
commence construction, Sydell LLC shall purchase and thereafter maintain
insurance on the City's Property, during construction, as may be requested by the
City Manager or his designee, based upon insurance coverages customary for the
construction of the approved Marine Improvement, which may include, without
limitation, Builder's Risk insurance; Payment and Performance Bond for the value of
the construction of the Marine Improvement and Commercial General Liability
insurance for the Contractor, reflecting the City as an additional insured (collectively
"Construction Insurance").
b. Upon completion of the first approved Marine Improvement, Sydell LLC shall secure
and thereafter maintain, at all times, insurance covering the Easement Area and all
5
completed Marine Improvements, as may be requested by the City Manager or his
designee, based upon insurance coverages customary for the completed Marine
Improvement, but in any event with the minimum amounts as follows:
1. Commercial General Liability: $1,000,000 per occurrence;
$2,000,000 in the aggregate.
2. Property: Full replacement value for any completed Marine
Improvements within the Easement Area.
Such insurance policies shall name the City as an additional insured and loss payee
thereunder; shall be written by insurance companies licensed to do business in
Florida and with general policyholder rating of no less than A- and a financial rating
of at least VII; and shall provide for waiver of subrogation. Sydell LLC shall provide
the City with a certificate of insurance evidencing said coverages.
Sydell, LLC shall provide the City with written notice of any cancellation of coverage
within two (2) days from receipt of any notification of cancellation to:
The City of Miami Beach
Attention of Risk Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
The City reserves the right to modify the insurance requirements, in the City
Manager or his designee's reasonable discretion, based upon any change in the type
or number of Marine Improvements constructed.
13. Any notices required or permitted to be given under this Easement shall be in writing and
shall be deemed to have been given if delivered by hand, sent by recognized overnight
courier (such as Federal Express) or mailed by certified or registered mail, return
receipt requested, in a postage prepaid envelope, and addressed as follows:
If to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attention: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attention: City Attorney
- If to Grantee at: Sydell Indian Creek, LLC
30 West 26 Street, 12th Floor
New York, NY 10010
Attention: General Counsel
With a copy to: Bilzin Sumberg Baena Price&Axelrod, LLP
1450 Brickell Avenue, 23rd Floor
Miami, Florida, 33131
Attention: Javier F. Avino, Esq.
6
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery and notices mailed in accordance with the foregoing shall be deemed
given three (3) days after deposit in the U.S. mails. The terms of this Section shall
survive the termination of this Easement Agreement.
14. Either party may bring an action, at law or in equity, to enforce the terms and conditions
of this Easement Agreement against any party or person violating or attempting to
violate any provision of this Easement Agreement, either to restrain violations or to
recover damages.
15. This Easement Agreement shall be enforceable in Miami-Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any or all of
the terms and conditions herein, exclusive venue for the enforcement of same shall be
Miami-Dade County, Florida. This Easement Agreement shall be governed by, and
construed in accordance with, the laws of the State of Florida, both substantive and
remedial, without regard to principles of conflict of laws. The exclusive venue for any
litigation arising out of this Easement Agreement shall be Miami Dade County, Florida, if
in state court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS EASEMENT AGREEMENT, SYDELL LLC AND THE CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS EASEMENT
AGREEMENT.
16. Entire Agreement. This Easement Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes all prior
agreements, understandings and arrangements, both oral and written.
17. City Representations. City covenants, warrants and represents (i) that City is the fee
simple owner of the City's Property and has the right, title and capacity to grant the
perpetual Easement granted herein, and (ii) there are no lienholders on the Easement
Property.
18. Easements and Covenants Run with the Land. Each and all of the easements,
covenants, obligations and rights granted or created under the terms of this Easement
Agreement are appurtenant to the City's Property. The provisions hereof shall run with
the land, shall be binding on the parties hereto, their successors and assigns, and shall
inure to the benefit of Sydell's Property.
[Signature Pages Follow]
7
Signed, witnessed, executed and acknowledged this / ay of , 2017.
Signed, sealed and delivered
in the presence of: Sydell Indian Creek LLC,
a Delaware limited liability company
A 'tnesses: 411
!1F
i By:
t pvt t ( 1Ci'c ti v r
Print Nam Print /Mitt
�� VICE PRESI til
3O V'(1 Vt Title:
Print Name:
STATE OF )
) ss:
COUNTY OF ii\)\/) )
) j�
/ft foregoing instrumentzigni2ledged before this day of
, 2017 by � as �� U on
behalf of S ell Indian Creek LL , a Delaware limited liability company, who is personally
known to e -fts-td ' atio .
(- ,,mY ,z/v4/1
My Commission Expires: Natary F ublic, State of,4
}V
JONATHAN POLANSKY
NOTARY PUBLIC-STATE OF NEW YORK
No.01P06354687
Qualified In Queens County
My Commission Expires 02-21-2021
8
Signed, witnessed, executed and acknowledged this day of , 2017.
Signed, sealed and delivered
in the presence of: City of Miami Beach,
a Florida municipal corporation
Witnesses:
By:
Print Name: Print Name:
Title:
Print Name:
STATE OF FLORIDA
ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2017 by , as , on
behalf of the City of Miami Beach, a Florida municipal corporation, who is personally known to
me or who has produced as identification.
My Commission Expires: Notary Public, State of Florida
9
Closing Affidavit
(Seller)
Before me,the undersigned authority,personally appeared the undersigned("Affiant"),who being by me first duly sworn,
on oath,depose(s)and say(s)that:
1. Sydell Indian Creek LLC, a Delaware limited liability company ("Seller"), is the owner of and is selling the
following described property to City of Miami Beach,a Florida municipal corporation("Buyer"),to wit:
ALL THAT LAND LYING WEST OF INDIAN CREEK DRIVE AND BETWEEN THE NORTH
LINE OF LOT 9,OF SAID BLOCK 9,PRODUCED WESTERLY TO THE WATERS OF INDIAN
CREEK AND THE SOUTH LINE OF LOT 12,OF SAID BLOCK 9,PRODUCED WESTERLY TO
THE WATERS OF INDIAN CREEK AS THE SAME IS SHOWN BY THE AMENDED MAP OF
THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
ACCORDING TO THE PLAT THEREOF,RECORDED IN PLAT BOOK 5,AT PAGE 7,OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA NOW KNOWN AS MIAMI-DADE
COUNTY,FLORIDA.
2. The above described property is free and clear of all liens, taxes,encumbrances and claims of every kind,nature and
description of record whatsoever,except for mortgage or mortgages, if any,described in the Deed and except for real
estate and personal property taxes for the year 2017,which are not yet due and payable.
3. There have been no improvements,alterations,or repairs since acquisition by the Seller to the above described property
for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or
improving the same,which remain unpaid since the acquisition by Seller,and that there are no mechanic's,materialmen's,
or laborer's liens since acquisition by Seller against the above described property.
4. There have been no documents recorded in the Public Records of Miami-Dade County, Florida subsequent to
February 26, 2017, which affect title to the Property and Seller has not entered into any contracts for the sale,
disposition or leasing of the Property since said date except as may have been disclosed to SUZANNE A.DOCKERTY,
P.A.in writing,and Seller has no knowledge of any matter affecting title to the Property.
5. The personal property contained in the building on said property,or on the said premises,and which,if any,is being sold j I
free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of
Municipal or County Ordinances pertaining to the above described property.No judgment or decree has been entered in
any court in this State or the United States against said Seller which remains unsatisfied.There are no persons other than
Seller in possession of the above described property.
6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in
making the prorations used in closing the transfer and conveyance of the above described property to said buyers,then a
new proration and a correct and proper adjustment will be made upon demand.
7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the
effective date of commitment and the recording of the interest to be insured. Seller has not and will not execute any
instruments that would adversely affect the interest to be insured.
8. Seller's title to,and possession and enjoyment of,the property have been open,notorious,peaceable and undisturbed,and
have never been disputed nor questioned.
9. There are no disputes concerning the boundary lines of the property,and the operation of any buildings on said property
has been in compliance with the applicable building codes,ordinances and statutes.
10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable
zoning laws concerning said property within the past ninety(90)days.
File Numb=2471744 DoubleTimes
11. There are no actions or ller is a-psi y,'ncludh,g—
ft not to,proceedings in bankruptcy,receivership or insolvency,nor are there any judgments,bankruptcies,liens
or executions of any nature which constitute or could constitute a charge or lien upon said property.
12. There are no unrecorded easements,claims of easement or rights-of-way affecting all or any portion of the property.
13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property
interest must withhold tax if the Seller is a foreign person.To inform the Buyer that withholding of tax is not required
upon purchase of the above described property,Seller certifies the following:
a. Seller is not a nonresident alien individual,foreign corporation,foreign partnership,foreign trust or foreign estate for
purposes of United States federal income taxation.
b. Seller's U.S.Taxpayer Identification Number is 80-0748316.
c. Seller's address is:30 W.26th St#12,New York,NY 10010.
d. No other persons or entities have an ownership interest in the above described property.
Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with
the United States Foreign Investment in Real Property Tax Act.(FIRPTA). Seller understands this certification may be
disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be
punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on
behalf of an entity Seller.Under penalties of perjury,Seller states that this declaration was carefully read and is true and
correct.
14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced
property and, for the purpose of inducing SUZANNE A. DOCKERTY, P.A. and Old Republic National Title.
Insurance Company to issue title insurance on the subject property,with the knowledge that said title companies are
retying upon the statements set forth herein.Seller hereby holds SUZANNE A.DOCKERTY,P.A.and Old Republic
National Title Insurance Company harmless and fully indemnifies same (including but not limited to attorneys' fees,
whether suit be brought or not, and at trial and all appellate levels,and court costs and other litigation expenses)with
respect to the matters set forth herein."Affiant","Seller"and"Buyer"include singular or plural as context so requires or
admits. Seller further states that he/she is familiar with the nature of an oath and with the penalties as provided by the
laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature.
Seller further certifies that he/she has read,or heard read,the full facts of this Affidavit and understands its context.
Under penalties of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
Sydell Indian Creek LLC, a Delaware limited liability company
By:Y-S Hostel Real Es• L a 'elaware limited liability company
Authorized • a
By. '�'
3oshu. '••••• - ice President
Closing Affidavit(Seller).Page 2 DoubleTlmem
File Nurnber:247174-8
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
2017 hThe foregoing instrument was sworn to and subscribed before me this / A,Oth 0 day of y
Joshua Babbitt, as Vice President of Y-S Hostel Real Estate LLC,a Delaware limited liability compa }`on behalf of the
company, who is personally known to me or [ ] who has produced
as identification.
My Commission Expires: Notary Public,State of New Y rk
JONATHAN POLANSKY
NOTARY PUBLIC-STATE OF NEW YORK
No.01P06354687
Qualified In Queens County
My Commission Expires 02-21-2021
•
Closing Affidavit(Seller)-Pane 3 poubleTimea
File Number.247174.8
LIMITED LIABILITY COMPANY AFFIDAVIT
STATE OF NEW YORK )
COUNTY OF NEW YORK )
BEFORE ME, the undersigned authority, personally appeared Y-S Hostel Real Estate,
LLC("Affiant"),who, being first by me duly sworn,depose and say:
1. THAT Affiant is the Authorized Manager of Sydell Indian Creek LLC, a Delaware
limited liability company(the"Company").
2. THAT, as of the date of this Affidavit,the Company is active and in good standing under
the laws of the State of Delaware.
3. THAT the Affiant has full power and authority to sign and deliver to The City of Miami
Beach (the "Grantee") on behalf of the Company, all documentation required by the
Grantee in connection with the conveyance by the Company, including without limitation
a Quit Claim Deed, Easement Agreement, Closing Affidavit, Settlement Statement
(collectively, the "Conveyance Documents"), as so authorized pursuant to the resolution
attached hereto as Exhibit A.
4. THAT the conveyance is in furtherance of the Company's business and consistent with
the Company's constituent documents.
5. THAT the Company is member managed and the officers authorized to bind the
company and their respective titles are set forth on Exhibit B hereto.
6. THAT the Company has never been the subject of a bankruptcy proceeding.
7. THAT the Grantee, Old Republic Title Insurance Company ("Title Company") and
Suzanne A. Dockerty, P.A. as agent for Title Company, shall be fully protected in relying
on this Affidavit,and shall be indemnified for any claims, expenses,or loss resulting from
the honoring of any signature hereby certified, or refusing to honor any signature not so
certified.
Affiants further state that they are familiar with the nature of an oath and what the
penalties provided by the laws of the State of Florida are for falsely swearing to statements
made in an instrument of this nature, and Affiants further certify that they have read, or have
heard read to them,the full facts of this Affidavit and understand its contents.
[NO FURTHER TEXT/SIGNATURE PAGE FOLLOWS]
Y S Hostel Real Estate LLC,a •- - -re limited liability company
Authorized Manager 41
By: d
Joshua B.bbi ice President
SWORN and SUBSCRIBED to before me this `U day of , 2017,
by Joshua Babbitt as, Ice President of Y-S Hostel Real Estate LLC, a D law re limited liability
company. Who 4 ) is personally known to me or (� has produced
as identification.
Notary Public, State of New York .�
My Commission Expires: (7.2,21—,
JONATHAN POLANSKY
NOTARY PUBLIC-STATE OF NEW YORK •
No.01P06354687
Qualified In Queens County
My Commission Expires 02-21-2021
2
EXHIBIT A
(Resolution)
CORPORATE RESOLUTION OF
Y-S HOSTEL REAL ESTATE LLC
The undersigned certifies that at a meeting of alisfAhe fi rectors of Y-S Hostel Real Estate
^
LLC,a Delaware limited liability company held on r�'<< i'1 ,2017, the following
resolution was duly adopted and voted, and it is in full force and effect and has not been rescinded or
countermanded as of the date hereof:
RESOLVED, that Joshua Babbitt, as Vice President of Y-S Hostel Real Estate LLC, a
Delaware limited liability company is hereby authorized and directed to execute and deliver any and
all such instruments,agreements, deed, and such other documents and take such other action on behalf
of Y-S Hostel Real Estate LLC, a Delaware limited liability company as may be necessary or
appropriate to close on the conveyance of a portion of 2731 Indian Creek Drive, Miami Beach, FL
33139 and easement all as described in the Quit Claim Deed and Easement Agreement attached hereto
and made a part hereof,and to otherwise carry out the transaction contemplated by or to be taken by Y-S
Hostel Real Estate LLC,a Delaware limited liability company. All documents shall be in such form
as is deemed in the best interest of Y-S Hostel Real Estate LLC, a Delaware limited liability
company in the opinion of Joshua Babbitt,whose determination thereof shall be conclusive and final.
FURTHER RESOLVED, That the Conveyance described herein does not constitute all or
substantially all of the assets of Y-S Hostel Real Estate LLC,a Delaware limited Iiability company.
CERTIFIED TO this ) 04' day of �lL 2017.
Y-S Hostel Re a.tate LLC,a Delaware
limited
liabi s any
i
c3-✓1.,;t S � By: Apo,-
Witness Name: -;� �� ;.� , '#2 1
Print N. I/
ciji essl'1arc�e: i ! . GA -e-- `P
Title:
EXHIBIT B
Y-S Hostel Real Estate LLC
a Delaware limited liability company
Na e: Title:
ajli
bawl \\)1A)
svf
Vi
744,1
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% v1)
This instrument was prepared by
and return to:
Suzanne A. Dockerty,Esq.
Suzanne A. Dockerty,P.A.
110 Merrick Way, 3-B
Coral Gables,FL 33134
PARTIAL RELEASE OF MORTGAGE, ASSIGNMENT OF LEASES
AND RENTS AND SECURITY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, FREEHAND HOTEL GAP LENDER, LLC, a Delaware limited
liability company (the "Mortgagee"), whose address is 399 Park Avenue, 18th Floor,New York,
NY 10022, is the owner and holder of the documents set forth as follows: (i) Mortgage to NS
Income Opportunity Reit Holdings, LLC, a Delaware limited liability company, mortgagee(s),
recorded under O.R. Book 27955, Page 1426, as Modified in O.R. Book 28434, Page 1425, as
assigned to NSREIT DOR LOAN, LLC., by virtue of the Assignment of Mortgage recorded in
O.R. Book 28509, Page 2899, Public Records of Miami-Dade County, Florida; (ii) UCC
Financing Statement between Sydell Indian Creek LLC, and Nextel South Corp., a Georgia
corporation Income Opportunity Reit Holdings, LLC, as recorded in O.R. Book 27955, Page
1455, as continued in O.R. Book 28109, Page 605, O.R. Book 28434, Page 1456 and assigned in
O.R. Book 28509, Page 2898, Public Records of Miami-Dade County, Florida; (iii) Assignment
of Leases and Rents, filed 01/09/2012, in O.R. Book 27955, Page 1445, as amended and restated
in O.R. Book 28434, Page 1446 and assigned in O.R. Book 28509, Page 2904, Public Records of
Miami-Dade County, (iv) Assignment of Mortgage, Assignment of Leases and Security
Agreement, recorded in O.R. Book 29265, Page 3535, Public Records of Miami-Dade County,
Florida; (v) Notice of Future Advance and Amended and Restated Mortgage, Assignment of
Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing, recorded
under O.R. Book 29265, Page 3540 (collectively the "Mortgage").
WHEREAS, the said Mortgagor has requested the said Mortgagee to release the
premises hereinafter described, being part of said mortgaged premises, from the lien and
operation of said Mortgage.
NOW, THEREFORE, that the said Mortgagee as well in consideration of the premises
as of the sum of TEN DOLLARS ($10.00) to it paid by the said Mortgagor at the time of the
execution hereof, the receipt whereof is hereby acknowledged, does remise, release, quit-claim,
exonerate and discharge from the lien and operation of said Mortgage unto the said Mortgagor
and its successors or assigns, all that piece, parcel or tract of land, being a part of the premises
conveyed by said Mortgage, to-wit:
See Exhibit"A" attached hereto for legal description(the "Released Property").
TO HAVE AND TO HOLD the same, with the appurtenances, unto the said Mortgagor
and its successors or assigns forever, freed, exonerated and discharged of and from the lien of
said Mortgage and UCC, and every part thereof; Provided always, nevertheless, that nothing
herein contained shall in anywise impair, alter or diminish the effect, lien or encumbrance of the
aforesaid Mortgage and UCC on the remaining part of said mortgaged premises not hereby
released therefrom, or any of the rights and remedies of the holder thereof.
2
IN WITNESS WHEREOF, the said Mortgagee has caused these presents to be executed
as of this day of ! t�tt2.k , 2017.
Signed, sealed and delivered in FREEHAND HOTEL GAP LENDER, LLC, a
the presence of: Delaware limited liability company
By: --��,-�
�/ RYAN
�/ DELA!'
Print Name Y TAsi-�S'rz� fi tAN PULL !'IcY
u4/ 12Z- 171) O Print Name:
%� L- Authorized Signatory
Print Name: toA.. vi i� 11 /L.�'itle:
By:
Print Name: Bryan Sather
Title: Authorized Signatory
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On f 'a , 2017, before me, Sarah E.dyer , a
Notary Public, personally appeared Ryan Delaney and
Bryan Sather , who proved to me on the basis of satisfactory evidence to be the
persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. SARAH E.PRAYER
O. Commission 9 2134934
I: :�- :» Notary Public-California i
$ ' z � Ii! % Los Angeles County D
M Comm.E fires Dec 3,2019
Signature of No .ry Publ IP ;- :1:': - z--- - re- - --- -`
EXHIBIT "A"
ALL THAT LAND LYING WEST OF INDIAN CREEK DRIVE AND BETWEEN THE
NORTH LINE OF LOT 9, OF SAID BLOCK 9, PRODUCED WESTERLY TO THE WATERS
OF INDIAN CREEK AND THE SOUTH LINE OF LOT 12, OF SAID BLOCK 9, PRODUCED
WESTERLY TO THE WATERS OF INDIAN CREEK AS THE SAME IS SHOWN BY THE
AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 5, AT PAGE 7, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA
NOW KNOWN AS MIAMI-DADE COUNTY, FLORIDA.
A portion of Folio Number: 02-3226-001-0910 and 0920