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Easement Agreement with Riverview Villas of South Beach Condominium Association, Inc.This Instrument Prepared by and return to: Raul J. Aguila, City Attorney City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA Easement Agreement This Easement Agreement ( "Agreement ") is made this 1st day of December 2017, by and between RIVERVIEW VILLAS OF SOUTH BEACH CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, whose address is 764 41st Street, Miami Beach, Florida, 33140 ( "Grantor ") and City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ( "Grantee ") (Grantor or the Grantee or may be referred to herein individually as a "party" or collectively as "parties "); WHEREAS, pursuant to Florida Statutes Section 718.111(10), Grantor has authority to enter into this Agreement and to grant a perpetual, exclusive easement appurtenant to the real property located in Miami -Dade County, assuming it has legal ownership of the property which Grantor makes no express declaration to, legally described in Exhibit "A" attached hereto (the "Property "): WHEREAS, the Property abuts Indian Creek (the "Waterbody ") and includes the area containing a seawall that is adjacent to the Waterbody (the "Seawall Area "); WHEREAS, Grantee is replacing seawalls and elevating roadways along Indian Creek to benefit Grantor and other property owners abutting Indian Creek whose and is subject to inundation during certain tidal events; and WHEREAS, Grantee needs access to and use of the Property in connection with the development of Public Related Uses (As defined in Section 3), which, at minimum, will include the construction of a new seawall ( "New Seawall"), as may be upgraded from time to time, and the development of a greenspace area and /or other type of walkway for public use and access; and WHEREAS, Grantor has agreed to grant a perpetual, exclusive easement for use and ingress and egress in, on, over, through and across the Property, including for public access, however, Grantor undertakes and assumes no liability with regard to same; and 1 WHEREAS, Grantee hereby agrees to, demolish the existing seawall and construct, install and maintain a New Seawall; and WHEREAS, the City Manager as referenced in this 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 the administration of this Agreement on behalf of the City, except where such authority has been expressly delegated herein to the City Commission. NOW, THEREFORE, for and in consideration of the mutual covenants, benefits and agreements of the parties and the sum 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 Agreement. 2. Grantor does hereby grants, bargains, sells and conveys to Grantee, its successors and assigns, a perpetual, exclusive easement for use and for ingress and egress in, on, over, through and across the Property, legally described in Exhibit "A" (hereinafter the "Easement Area "), including public access, in connection with the construction, installation, operation, repair, replacement and maintenance of City Improvements (as defined in Section 4) in connection with Public Related Uses (As defined in Section 3) and subject to the terms and conditions set forth herein. The easement rights include riparian rights over and across the Seawall Area, so that Grantee may obtain authorization from all Federal, State, County and City governmental authorities (including the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida) having jurisdiction over the Property or the sovereign lands located adjacent thereto, in connection with the development of any Public Related Uses or City Improvements. Grantor makes no express declaration of ownership of the property in question. 3. As referred to herein, Public Related Uses shall include, without limitation, a seawall /retaining wall, public transportation stops, kiosks, bicycle paths, walkways and decks, parks, playgrounds or other improvements and activities associated with the use of the Property by the general public. 4. Grantee will have the right to construct, install, operate, repair, replace and maintain, at its sole cost and expense, improvements in connection with any Public Related Uses (the "City Improvements "). All City Improvements shall require the Grantor's prior written consent, which consent shall not be unreasonably withheld; provided that: (1) Grantee is in good standing under the terms of this Agreement (including payment of any invoices issued pursuant to Section 6 herein); and (2) any proposed Public Related Use or City improvement will not interfere with the use of any existing improvements constructed by Grantor or pose a public health, safety or welfare risk. 5. Grantee Obligations. Grantee will cause plans and specifications to be prepared for any construction work related to the installation of any City Improvements (collectively the "Work ") and obtain any and all governmental permits and approvals required in connection with the Work (the "Permits "). Grantor will approve said plans and 2 specifications (the "Approved Plans "). Grantor shall not unreasonably withhold any approval that may be required by Federal, State or County agencies or similar third parties for the construction of any approved Public Improvements. Upon completion of the Work, Grantee will accept ownership of any City Improvement, and will assume the sole responsibility to maintain any City Improvement in a good and safe condition and to repair and /or replace same as necessary from time to time, all in accordance with the Permits and any and all federal, state and local laws, rules, ordinances, and regulations applicable thereto. Notwithstanding the foregoing, should Grantor develop a dock or any other marine related use or improvement contiguous to the Seawall Area, Grantor will be deemed to have accept ownership of the New Seawall and thereafter assume the sole responsibility to maintain the New Seawall in a good and safe condition and to repair and /or replace same as necessary from time to time, all in accordance with the Permits and any and all federal, state and local laws, rules, ordinances, and regulations applicable thereto. Further, Grantee expressly acknowledges to indemnify and hold harmless the Grantor from any liability associated with same. 6. Should Grantee fail to maintain any City Improvements constructed in connection with any Public Related Uses, or otherwise comply with any of the terms of this Agreement, then, upon receipt of thirty (30) days written notice from Grantor, and Grantee's failure to remedy the condition to Grantor's reasonable satisfaction, Grantor may, but without an obligation to do so, undertake Grantee's obligations hereunder and Grantee shall reimburse Grantor for said expense within forty -five (45) days from presentment of the invoice. Any unpaid invoices shall accrue interest at the rate of one percent (1 %) per month until paid. 7. Grantee's responsibility with respect to the installation of any approved City Improvements shall include the construction and installation of such City Improvements in accordance with the Approved Plans and Permits and, upon completion of the City Improvements, the repair, replacement and maintenance of the constructed City Improvements; it being understood and agreed that (i) Grantee makes no warranty regarding the City Improvements and (ii) Grantor disclaims any and all implied warranties of merchantability and fitness, fitness for a particular purpose, intended use, workmanship or construction respecting the City Improvements imposed by statute, case law or otherwise. 8. No Grantor Improvements. As additional consideration for Grantee's responsibilities under this Agreement, Grantor agrees not to use or improve the Property. 9. Grantor Obligations. At all times prior to completion of the Work, Grantor will cooperate and provide support to Grantee in connection with the Work, including, without limitation, executing, or causing to be executed, within five (5) business days of a request from Grantee, any application or other documentation (in recordable form if necessary) necessary to connection therewith. In furtherance thereof, Grantor hereby grants the Grantee a power of attorney to execute and submit all such applications and documentation required by any governmental authority (including the Board of Trustees of the Internal Improvement Fund of the State of Florida) having jurisdiction over the Property or the sovereign lands, which may be necessary to obtain the Permits and perform the Work in accordance with the Approved Plans. 3 10. Grantor shall not withhold or obstruct Grantee's access to the Easement Area through the installation of a fence or other similar means. 11, This Agreement may be modified, amended, or released as to any portion of the Easement Area by a written instrument executed by both parties hereto or their successors or assigns, providing that same has been approved by the City Commission. 12, It is understood and agreed that any City official has the right to enter and investigate the Property, to verify compliance with the conditions of this Agreement or any applicable Laws. 13. No Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the New Seawall to the general public or for general public purposes whatsoever. 14. Indemnification. In consideration for this Agreement, Grantee, its successors and assigns, to the extent allowable, and subject to the limitation on its liability, as set forth in Section 768.28, Florida Statutes, as may be amended from time to time, expressly agrees to save, defend, indemnify and hold harmless Grantor, its employees, agents and contractors (collectively, "Grantor Indemnified Parties "), from and against any and all loss, liability, damages, claims, costs, attorneys' fees and expenses (collectively "Losses "), arising out of or relating to the Grantee's negligence or use of the Easement Area, excluding any Losses arising out of or relating to the negligent or wrongful act of the Grantor Indemnified Parties. Additionally, nothing contained in this Agreement shall be deemed a waiver of sovereign immunity by the Grantee. 15. Any notices required or permitted to be given under this Agreement 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 Grantor at: With a copy to: If to the Grantee at: Riverview Villas of South Beach Condominium Association, Inc. 765 41st Street Miami Beach, FL 33140 Michael Gongora, Esq. Becker & Poliakoff 121 Alhambra Plaza, 10th, Floor Coral Gables, FL 33134 City of Miami Beach, City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager 4 With a copy to: City of Miami Beach, City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Attorney Notices personally delivered or sent by overnight courier, or mailed in accordance with the foregoing shall be deemed given upon receipt. The terms of this Section shall survive the termination of this Agreement. 16. The terms of this Agreement may be enforced by injunctive relief and any other available remedies. In any action at law or in equity between the parties occasioned by a default hereunder, the Prevailing Party shall be entitled to collect its reasonable attorneys' fees actually incurred in the action from the non- prevailing party at trial and all appellate levels. As used herein, the term "Prevailing Party" shall mean the party who receives substantially the relief sought. 17. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remediaLwithout regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 18. Entire Agreement, This 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. 19. Easements and Covenants Run with the Land. Each and all of the easements, covenants, obligations and rights granted or created under the terms of this Agreement are appurtenant to the Property. The provisions of this Agreement shall constitute covenants running with the land, shall be binding upon the parties hereto, their successors and assigns, and shall inure to the benefit of the Grantee, its successors and /or assigns, having or hereinafter acquiring any right title or interest in the Easement Area. 20. Miscellaneous. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. This Agreement supersedes all prior agreements, written or oral, relating to the subject matter hereof. The parties to this Agreement have participated in the negotiation of this Agreement and have been represented by legal counsel (or have been afforded the opportunity to do so and have declined). Accordingly, this Agreement shall not be construed more strictly against any one of the parties hereto The paragraph headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. This Agreement may only be modified, amended, terminated, or released by a recordable instrument executed by the owner of the Property, its successors or assigns, 5 and an authorized representative of the City of Miami Beach. With respect to words used in this Agreement, the singular shall include the plural, the plural the singular and use of any gender in this Agreement shall include all genders. Enforcement of the terms and provisions of this Agreement shall be at the reasonable discretion of the aggrieved party, and no waiver of any of the provisions of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a continuing or future waiver. The Grantor agrees to execute such further documents as may be reasonably requested by Grantee to carry out the intent and purpose of this Agreement. The invalidation of any one of these covenants or provisions of this Agreement by judgment or court order shall in no way affect any other provisions hereof, which shall remain in full force and effect to the maximum extent possible, consistent with such invalidation. [Signature Pages Follow] 6 Signed, witnessed, executed and acknowledged this 2.5 day of 0C, Ir , 2017. Signed, sealed and delivered in the presence of: Witnesses: t"i M44w r occi fl Print Name: -�. - - N ens d til Print Name: STATE OF FLORIDA ss: COUNTY OF 11i#„ ) PALh fs -Ci l he foregoing instrument was OC i , 2017 by behalf RIVERVIEW VILLAS OF SOUTH Florida not for profit corporation, as identification. My Commission Expires: ELIZABETH RODRIGUEZ MY COMMISSION # FF 131021 EXPIRES: June 10, 2018 Bonded Thru Notary Public Underwriters RIVERVIEW VILLAS OF SOUTH BEACH CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation r/.r ker 1:1)176-41 Print Name: r (de Om Title: acknowledged a before e this � day of i3 'U (71�r4 -C41/1 ,as rtf1 �i ,on BEACH CONDOMINIUM ASSOCIATION, INC., a v.�che is personally known to me or who has produced 7 i eril J..e'l "1, /ice Asir •ta Public, lic, State of Florida Signed, witnessed, executed and acknowledged this / day of �C'2�t 6-P►/' , 2017. Signed, sealed and delivered in the presence of: lot ere,-z„. Print Name. STATE OF FLORIDA ) ss: COUNTY OF MIAMI -DADE ) City of Miami Beach, a Florida municipal orporation By: ingi Jimy L. M.rales, City Manager Attest: Rafael . Granado, Clerk The foregoing instrument was acknowledged before me this %4t day of Z b61 , 2017 by Jimmy L. Morales and Rafael E. Granado, as City Manager and City Clerk, respectively, of the City of Miami Beach, a Florida municipal corporation, who aie personally known to me or who have produced as identification. My Commission Expires: YAMILEX MORALES Notary Public -State of Florida Commission # GG 071355 7.! My Comm. Expires Mar 15, 2021 OFF°' Bonded through National Notary Assn, Atorg /closings /Indian Creek Closings /Deed, sketches, maps /Template /Easement 8 lic, State of Florida APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ((polo/ City Attorney + r Date Exhibit "A" Legal Description The portion of the Outlots which are bounded on the North by the North Boundary Line of South 30 Feet of said Lot 23, extended Westerly; on the East by the West line of Indian Creek Drive; and on the South by the South Boundary line of said Lot 22 extended Westerly; on the West by the waters of Indian Creek. A portion of Folio No.: 02- 3226- 044 -0001 9 J 1DOCS \reaR5024 \5024 -4 \00111738. DOC. Old Republic National Title Insurance Company COMMITMENT Schedule A Effective Date: Agent's File Reference: Premium October 4, 2017 © 1 1:00 PM 247174-13 $ TBD Policy or Policies to be issued: Proposed Amount of Insurance: OWNER'S: ALTA Owner's Policy (6/17/06). (With Florida Modifications) $128,000.00 Proposed Insured: City of Miami Beach, a Florida municipal corporation MORTGAGEE: ALTA Loan Policy (6/17/06). (With Florida Modifications) $ Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment is Easement. 3. Title to the FEE SIMPLE estate or interest in the land is at the Effective Date vested in: Riverview Villas of South Beach Condominium Association, Inc., a Florida not for profit corporation 4, The land referred to in this Commitment is described as follows: The portion of the Outlots which are bounded on the North by the North Boundary Line of South 30 Feet of said Lot 23, extended Westerly; on the East by the West line of Indian Creek Drive; and on the South by the South Boundary line of said Lot 22 extended Westerly; on the West by the waters of Indian Creek. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 400 Second Avenue South, 3finneapolls, Minnesota 55401, (612) 371.1111 Issuing Agent: SUZANNE A. DOCKERTY, P.A. 110 Merrick Way Suite 3-B Coral Gables, FL 33134 Form CF6 SCH .4 (rev. 12/10)(With Florida Afodifications) Agent No.: 22264 Agent's Signature Page 1 of3 Doublerlmeo 7.0.6 Old Republic National Title Insurance Company COMMITMENT Schedule B-I Agent's File Reference: 247174-13 L The following are the requirements to be complied with: I. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record: A. Easement Agreement from Riverview Villas of South Beach Condominium Association, Inc., a Florida not for profit corporation, to the proposed insured purchaser(s), B. Approval of the percentage of the Condominium Unit owners required to authorize the Board of Directors of Riverview Villas of South Beach Condominium Association, Inc., a Florida not for profit corporation, for the granting of an Easement of the subject property to the proposed insured purchaser(s). 3. A search commencing with the effective date of this commitment must be performed at or shortly prior to the closing of this transaction. If this search reveals a title defect or other objectionable matters, an endorsement will be issued requiring that this defect or objection be cleared on or before closing. 4 Affidavit to be executed by Riverview Villas of South Beach Condominium Association, Inc., a Florida not for profit corporation stating: 1) There are no matters pending against the affiant that could give rise to a lien that would attach to the property between October 4, 2017 and the recording of the interest to be insured. 2) That the affiant(s) have not and will not execute any instruments that would adversely affect the interest to be insured. 5. Affidavit from the owner of the subject property, or some other person having actual knowledge, establishing that no person other than the owner is in possession. 6. Affidavit from a reliable person must be furnished establishing that more than 90 days has elapsed since the completion of all improvements for which payment has not been made in full. 7. Satisfactory evidence must be furnished establishing that Riverview Villas of South Beach Condominium Association, Inc, a Florida not for profit corporation, is duly organized, validly existing, and in good standing under the laws of Florida (at date of acquisition of the interest or lien on the insured property and at the present time, or at date of purchase and at date of sale). 8. Verified copy of bylaws must be checked for any provisions as to the powers of the directors and officers and any procedure relating to the transaction to be insured, 9. Record resolution from the governing board consistent with the bylaws authorizing the transaction and specifying the officers who are to execute the instrument to be insured to be attached to the instrument to be insured. 10. Compliance with Sec. 617.1201 or 617.1202, F.S„ from membership if the subject property constitutes all or substantially all of the assets of the corporate grantor. 11. NOTE: Agent must comply with Rule 690-186.003(1)(a)2 F.A.C, which prohibits issuance of an Owner title policy with coverage amount more than or less than the "full insurable value" of the property. Page 2 of 3 Form CAISC11.-84 (re' 12110)(With Florida Mod(fications) no ubleTIme® 7.0.6 Old Republic National Title Insurance Company COMMITMENT Schedule B-II Agent's File Reference: 247174-13 II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company; 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the Effective Date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or Mortgage thereon covered by this Commitment. 2. n. General or special taxes and assessments required to be paid in the year 2017 and subsequent years. b. Rights or claims of parties in possession not recorded in the Public Records. c, Any encroachment, encumbrance, violation, variation, or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land. d. Easements, or claims of easements, not recorded in the Public Records. e. Any lien, or right to a lien, for services, labor, or material furnished, imposed by law and not recorded in the Public Records, 3. Any Owner's Policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Land insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such (ands 4. All matters contained on the Plat of Amended Map of The Ocean Front Property of the Miami Beach Improvement Company, as recorded in Plat Book 5, Page 7, Public Records of Miami-Dade County, Florida, 5. Rights of the United States of America and/or the Stale of Florida to any portion of said land which has been created by artificial means or has accreted to any such portion as so created. 6. Those portions of the property herein described being artificially filled in land in what was formerly navigable waters, are subject to the right of the United States Government arising by reason of the United States Government control over navigable waters in the interest of navigation and commerce. 7. The rights, if any, of the public to use as a public beach or recreation area any part of the land lying or formerly lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high-water line or other apparent boundary lines separating the publicly used area from the upland private area, as it may have existed prior to the construction, if any, of sea wall or bulkhead thereon. 8. This policy does not insure any portion of the insured parcel lying waterward of the mean-high water line of Indian Creek. 9. Riparian and littoral rights are not insured. Page 3 01'3 Form CP6 SCH 811 (rev, 12/10(JVith Florida Modifications) DoubleTimee 7.0.6 CORPORATE RESOLUTION OF RIVERVIEW VILLAS OF SOUTH BEACH CONDOMINIUM ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION The undersigned certifies that at a meeting of all of the directors of Riverview Villas of South Beach Condominium Association, Inc., a Florida not for profit corporation held on V C t r- 2-- S , 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 Christopher Porcelli, as President of Riverview Villas of South Beach Condominium Association, Inc., a Florida not for profit corporation is hereby authorized and directed to execute and deliver any and all such instruments, agreements, and such other documents and take such other action on behalf of Riverview Villas of South Beach Condominium Association, Inc. as may be necessary or appropriate for granting an easement on a portion of 3801 Indian Creek Drive, Miami Beach, FL 33140 all as described in that certain Easement Agreement attached hereto and made a part hereof, and to otherwise carry out the transaction contemplated by or to be taken by Riverview Villas of South Beach Condominium Association, Inc. All documents shall be in such form as is deemed in the best interest of Riverview Villas of South Beach Condominium Association, Inc. in the opinion of Christopher Porcelli, whose determination thereof shall be conclusive and final. RESOLVED, that (i) Association has obtained approval of the required number of the Condominium Unit owners authorizing the Board of Directors of the Association to grant an easement on the Property to the City; (ii) Association is duly organized, validly existing, and in good standing under the laws of the State of Florida; (iii) The granting of the easement on the Property to the City does not violate any of the terms of the Association's articles of incorporation or bylaws. CERTIFIED TO this Z (.' day of C Witness Name: Witness Name: 0.4.44ktt,u C4 °1-tA— ',feu . pw 2017. Riverview Villas of South Beach Condominium Association, Inc., a Florida not for profit corpor tion By / 1 / Print Name: Cr/A 1Cbr elk Title: P ( ) fl‘ y Gtr Settlement Statement Grantee: City of Miami Beach, a Florida municipal corporation 1700 Convention Center Drive, 4th Floor, Miami Beach, Florida 33139 Grantor: Riverview Villas of South Beach Condominium Association, Inc., a Florida not for profit corporation 765 41st Street, Miami Beach, FL 33140 Property Location: 3801 Indian Creek Drive, Miami Beach, Florida 33140 (See Exhibit A attached) Date: December 1, 2017 2017 Settlement Agent: Suzanne A. Dockerty, P.A. 110 Merrick Way, Suite 3B, Coral Gables, Florida 33134 Consideration Amount $10.00 Grantee Settlement Fees: Title Search Reports and Updates: (POC $300) Title hnsurance Premium ($128,000): Settlement Fee: (POC $500) Clerk of Court Recording Fee: Easement Agreement: Documentary Stamp Tax: Certified Copies: Wire Transfer Fee /FedEx: Total Grantee Settlement Fees: $0 $715.00 $1,000.00 $ 69.50 $ 1.05 $ 25.00 $ 100.00 $ 1,910.55 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 Mi'' mi Beach, c Florida municipal corporation By: Print Nam Title: Approved as to form and Language for Execution B,„, City Attorney 1tiT Legal Description "Exhibit A" The portion of the Outlots which are bounded on the North by the North Boundary Line of South 30 Feet of said Lot 23, extended Westerly; on the East by the West line of Indian Creek Drive; and on the South by the South Boundary line of said Lot 22 extended Westerly; on the West by the waters of Indian Creek. A portion of Folio No.: 02- 3226- 044 -0001