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Resolution 2019-31067
RESOLUTION: 2019-31067 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON SECOND READING, FOLLOWING A DULY NOTICED PUBLIC HEARING, AN AIR RIGHTS EASEMENT AGREEMENT PURSUANT TO SECTION 82-37(A)(2) OF THE CITY CODE, BY AND BETWEEN THE CITY AND ESSEX HOUSE COLLINS, LP (THE "APPLICANT"), FOR THE APPLICANT'S CONSTRUCTION, OPERATION AND USE OF A PEDESTRIAN BRIDGE CONNECTING THE CLEVELANDER SOUTH BEACH HOTEL (1020 OCEAN DRIVE) AND THE ESSEX HOUSE HOTEL (1001 and 1021 COLLINS AVENUE) OVER A PORTION OF THE CITY'S OCEAN COURT RIGHT OF WAY; WITH SAID EASEMENT AREA CONSISTING OF APPROXIMATELY SIX (6) FEET IN WIDTH, TWENTY (20) FEET IN LENGTH, FOURTEEN (14) FEET IN HEIGHT (FOR A TOTAL OF APPROXIMATELY 1,680 CUBIC FEET OF AIR SPACE), AND LOCATED A MINIMUM OF THIRTY-SIX (36) FEET ABOVE THE GRADE SURFACE OF THE OCEAN COURT RIGHT OF WAY; FURTHER, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENTS OF SECTION 82-39(A) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH CONDITION. WHEREAS, Clevelander Holdings, LP, a Delaware limited partnership, and Essex House Collins, LP, a Delaware limited partnership, entities controlled by the Jesta Group, are the respective owners of the Clevelander South Beach Hotel (the "Clevelander"), located at 1020 Ocean Drive, and the Essex House Hotel ("Essex House"), located at 1001 and 1021 Collins Avenue; and WHEREAS, the Clevelander and Essex House are separated by a City right of way known as Ocean Court, an alley that runs south to north, between Ocean Drive and Collins Avenue (the "Ocean Court Right of Way"). The Ocean Court Right of Way was dedicated by plat to the City as a public right of way; this dedication also includes the associated air rights over the Ocean Court Right of Way; and WHEREAS, Essex House Collins, LP, a Delaware limited partnership (the "Applicant") has submitted its application to the Historic Preservation Board (HPB), which application was approved on October 8, 2019,fora project involving the renovation of the Essex House and construction of an addition, including a proposed pedestrian bridge that would span over a portion of the Ocean Court Right of Way, ' to connect the Clevelander and the Essex House, and which pedestrian bridge, and the corresponding easement parcel area, is approximately six (6)feet in width, twenty(20)feet in length, fourteen (14)feet in height (for a total of approximately 1,680 cubic feet of air space), and located a minimum of thirty-six (36)feet above the grade surface of a portion of the Ocean Court Right of Way(the"Pedestrian Bridge"); and WHEREAS, pursuant to Section 82-37(a) of the City Code, the Applicant is seeking an aerial easement over a portion of the Ocean Court Right of Way, for the construction, operation and use of the Pedestrian Bridge, at the Applicant's sole cost and expense, following the same general framework as other pedestrian bridge connector projects previously approved by the City Commission, such as the connectors for the Tides and the Betsy Hotel; and WHEREAS, as the Pedestrian Bridge would be located at least thirty-six (36) feet above the surface of the Ocean Court Right of Way, the location of the Pedestrian Bridge at such height would ensure no disruption to vehicular ingress or egress through the Ocean Court Right of Way; and WHEREAS, under the proposed easement agreement, a draft of which is attached as an exhibit to the Commission Memorandum accompanying this Resolution, the Applicant shall bear any and all costs of installation, maintenance, repairs, taxes, insurance and any and all other costs and expenses relating to the construction or operation of the Pedestrian Bridge, including any necessary relocation or undergrounding of existing utilities in conflict with the proposed Pedestrian Bridge; and WHEREAS, pursuant to Section 82-38 of the City Code, the Planning Department is to prepare a written planning analysis, which will be submitted to the City Commission concurrent with its final consideration of the proposed conveyance; and WHEREAS, the City has obtained an independent appraisal of the market value associated with the air rights easement, a copy of which is attached as an exhibit to the Commission Memorandum accompanying this Resolution, estimating a market value, as of July 23, 2019, in the amount of$135,000; and WHEREAS, pursuant to Sections 82-37 of the City Code, the proposed air rights easement was reviewed by the Finance and Citywide Projects Committee ("FCWPC") at its September 20, 2019 meeting, which favorably recommended approval of the easement, provided that the Administration and the applicant finalize details as to an additional public benefit; and WHEREAS, in addition to payment to the City for the appraised value of the easement area, the Applicant has offered additional compensation to the City, for a total payment to the City in the amount of$240,000; and WHEREAS, in view of the nature and location of the proposed easement(which only benefits the Applicant, as the owner of the two hotels), the Administration recommends the waiver of the competitive bidding requirement, pursuant to Section 82-39(a) of the City Code, as being in the public interest. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve, on first reading, an Air Rights Easement Agreement pursuant to Section 82-37(a)(2) of the City Code, between the City and Essex House Collins, LP (Applicant), for the Applicant's construction, operation and use of a pedestrian bridge connecting the Clevelander South Beach Hotel (1020 Ocean Drive) and the Essex House Hotel (1001 and 1021 Collins Avenue) over a portion of the City's Ocean Court Right Of Way; with said easement area consisting of approximately six (6) feet in width, twenty (20)feet in length, fourteen (14) feet in height (for a total of approximately 1,680 cubic feet of air space), and located a minimum of thirty-six (36) feet above the grade surface of the Ocean Court Right Of Way; further, waiving, by 5/7th vote, the competitive bidding requirement of Section 82-39(a) of the City Code, finding that the public interest would be served by such waiver; and further setting the public hearing, for the second and final reading of the Resolution, on October 30, 2019. PASSED and ADOPTED this 30th day of October, 201 ATTEST: .•���ca k Dan Gelber, Mayor ' - 'ti o y APPROVED AS TO • ', �. • FORM &LANGUAGE Ra ael E. Granado, Ci S'lerk .; &FOR EXECUTION INCORP °RATED • 4 ( ( '••• ..... c /:; City Attomey Date Resolutions - R7 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 30, 2019 5:15 p.m. Second Reading Public Hearing SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, ON SECOND READING, FOLLOWING A DULY NOTICED PUBLIC HEARING, AN AIR RIGHTS EASEMENT AGREEMENT PURSUANT TO SECTION 82-37(A)(2) OF THE CITY CODE, BYAND BETWEEN THE CITYAND ESSEX HOUSE COLLINS, LP (THE "APPLICANT"), FOR THE APPLICANT'S CONSTRUCTION, OPERATION AND USE OF A PEDESTRIAN BRIDGE CONNECTING THE CLEVELANDER SOUTH BEACH HOTEL (1020 OCEAN DRIVE) AND THE ESSEX HOUSE HOTEL (1001 and 1021 COLLINS AVENUE) OVER A PORTION OF THE CITY'S OCEAN COURT RIGHT OF WAY; WITH SAID EASEMENT AREA CONSISTING OF APPROXIMATELY SIX (6) FEET IN WIDTH, TWENTY (20) FEET IN LENGTH, FOURTEEN (14) FEET IN HEIGHT (FOR A TOTAL OF APPROXIMATELY 1,680 CUBIC FEET OF AIR SPACE), AND LOCATED A MINIMUM OF THIRTY-SIX (36) FEET ABOVE THE GRADE SURFACE OF THE OCEAN COURT RIGHT OF WAY; FURTHER, WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENTS OF SECTION 82-39(A) OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING SUCH CONDITION. RECOMMENDATION The Administration recommends accepting a payment to the City in the amount of $240,000, to be disbursed in three (3) installments as follows: (1) $80,000 upon application for a building permit to construct the Pedestrian Bridge; (2) $80,000 upon issuance of a building permit for the construction of the Pedestrian Bridge; and (3) $80,000 upon the issuance of a Certificate of Occupancy for the Pedestrian Bridge., and to further waive by 5/7th vote, the competitive bidding requirements of Section 82-39(b) of the City Code, finding that the public interest would be served by waiving such condition. BACKGROUND/HISTORY The Jesta Group purchased the Clevelander South Beach Hotel (hereinafter the "Clevelander"), located at 1020 Ocean Drive, and the Essex House Hotel (hereinafter "Essex House"), located at 1001 Collins Avenue, in October 2018. Page 381 of 849 An application was submitted to the Historic Preservation Board (HPB) for a project involving the renovation of the Essex House and construction of an addition. At its October 8, 2019, the HPB reviewed and approved the bridge design. As part of this project, the firm is seeking to invest in the Essex House and connect it with the Clevelander via a pedestrian bridge that will span over Ocean Court. Pursuant to Section 82-37(a) of the City Code, Jesta Group is seeking an aerial easement over a portion of the Ocean Court alleyway, adjacent to their properties, for the construction of a pedestrian bridge, following the same general framework as other bridge connector projects like the Tides and the Betsy. The Clevelander and Essex House are separated by a City public right of way known as Ocean Court, an alley that runs south to north parallel to Ocean Drive. Ocean Court was dedicated by plat to the City as a public right of way; this dedication also includes the air rights over the Ocean Court right of way (the air rights over the Ocean Court right of way are referred to hereinafter as the "Easement Area"). The bridge is proposed to be located at the 3rd story level, to ensure no disruption in vehicular traffic to the service alleyway. The pedestrian bridge will, among other things, increase the circulation and functionality of these two prominent hotels and, thus, potentially benefit the City's tourism industry. Under an air rights easement, the Jesta Group shall bear any and all costs of installation, maintenance, repairs, taxes, insurance and any and all other costs and expenses, including any necessary relocation or undergrounding of existing utilities in conflict with the proposed pedestrian bridge, involved in its installation, operation and use. An appraisal was conducted in order to form an opinion of the market value of an aerial easement above Ocean Court between the two properties known as the Clevelander and the Essex House. The easement parcel consists of an aerial easement that begins 42.5 feet above the existing street level and exceeds upward to 56.5 feet. The width of Ocean Court alley is 20 feet and width of the bridge is 6 feet. The square footage of the bridge is 6 feet multiplied by 20 feet or 120 square feet of area and 1,680 cubic feet of air space. Based upon the appraisal of the property and market data analysis, the market value of the aerial easement parcel, described herein, as of July 23, 2019 is estimated at $135,000. During negotiations with the City Administration, the applicant agreed to pay $240,000 for the combined air rights easement market value and public benefit. The applicant proposed that the sum of $105,000, which is the difference between market value of air rights ($135,000) and total payment ($240,000) be provided as "in kind" with streetscape and similar improvements, subject to the approval of the City Administration. Should that public benefit be accepted that the City Commission, waive the bidding requirement and further that the applicant pay the fair market value as determined by the appraiser. At its October 16, 2019 meeting, the City Clerk read the first reading title into the record. The Commission made a motion to instead of taking the in kind money to be used towards the alley improvements, the City would take a lump sum payment of $240,000. Both the City and the Applicant agreed, and a second reading public hearing was scheduled for October 30, 2019. Page 382 of 849 ANALYSIS Pursuant to Sections 82-38 of the Code of the City of Miami Beach requires that any proposed sale or lease of City-owned land be analyzed from a planning perspective so that the City Commission and the public are fully apprised of all conditions relating to the proposed sale or lease (attached). The following is an analysis based on the criteria delineated in the Code: 1 . Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city comprehensive plan. Consistent — The easement will not impede the use of the alley as it exists today. The use of the adjacent properties will not change. This is consistent with the Comprehensive Plan. 2. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the city shall determine the potential impact of the project on city utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed, the proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. Consistent — No negative impacts are anticipated by the proposal. The easement will not impede the functioning of the alley, nor will it result in additional development rights for either of the adjacent properties. The easement will not impact adopted levels of service for public infrastructure. 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the city's revenue base, creating jobs, creating a significant revenue stream, and improving the community's overall quality of life. Consistent - This proposal expands the City's revenue base by allowing for improved functioning of the Essex and Clevelander Hotels. The adjacent property owners will be responsible for any taxes imposed on the site. The walkway will allow for the use of shared amenities and transfer of pedestrians and luggage between buildings without using public sidewalks or alleys. A similar aerial easement was provided to the north of this site and no negative impacts have been noted. 4. A determination as to whether or not the development is in keeping with the surrounding neighborhood, will block views or create environmental intrusions, and evaluation of the design and aesthetic considerations of the project. Consistent - The surrounding neighborhood will not be negatively affected. The bridge will not block views. No environmental intrusions will be created by the proposed ROW vacation. 5. The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. Consistent— This aerial easement will not affect the parking or infrastructure needs of adjacent properties. Page 383 of 849 6. Such other issues as the city manager or his authorized designee, who shall be the city's planning director, may deem appropriate in analysis of the proposed disposition. Not applicable - The Planning Department has no other issues it deems appropriate to analyze for this proposal. CONCLUSION The Administration recommends accepting a payment to the City in the amount of $240,000, to be disbursed in three (3) installments as follows: (1) $80,000 upon application for a building permit to construct the Pedestrian Bridge; (2) $80,000 upon issuance of a building permit for the construction of the Pedestrian Bridge; and (3) $80,000 upon the issuance of a Certificate of Occupancy for the Pedestrian Bridge., and to further waive by 5/7th vote, the competitive bidding requirements of Section 82-39(b)of the City Code, finding that the public interest would be served by waiving such condition. Applicable Area Citywide Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? Yes No Legislative Tracking Public Works ATTACHMENTS: Description ❑ essex house legal description ❑ Letter of intent, essex house ❑ Essex House Clevelander Appraisal Sky Bridge 080519 ❑ Planning Analysis ❑ Grant of Easement for Air Rights - Essex House Collins LP ❑ Reso re Air Rights Easement- Essex House Collins LP Page 384 of 849 SKETCH AND DESCRIPTION NOT A BOUNDARY SURVEY SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION 20 FOOT AERIAL EASEMENT FOR PEDESTRIAN WALKWAY A 20 FOOT AERIAL EASEMENT LYING IN THAT PORTION OF A 20 FOOT ALLEY LYING WITHIN BLOCK 15 OF OCEAN BEACH FLORIDA ADDITION NO. 2, AS RECORDED IN PLAT BOOK 2, PAGE 56, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING AND BEING IN THAT PORTION OF SECTION 3, TOWNSHIP 54 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, THE HORIZONTAL LIMITS OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID BLOCK 15 Or OCEAN BEACH FLORIDA ADDITION NO. 2, THENCE RUN NORTH 10°39'53" EAST ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID 20 FOOT ALLEY, FOR 91.91 FEET TO A POINT LYING 2.09 FEET, MORE OR LESS, SOUTH OF THE NORTHEAST CORNER OF LOT 10 OF SAID BLOCK 15 AND THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING THENCE RUN SOUTH 79°06'53" EAST, FOR 20.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID 20 FOOT ALLEY AND A POINT LYING 1.83 FEET, MORE OR LESS, SOUTH OF THE NORTHWEST CORNER OF LOT 7 OF SAID BLOCK 15 OF OCEAN BEACH FLORIDA ADDITION NO. 2; THENCE RUN SOUTH 10°39'53" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR 6.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF LINE RUN NORTH 79°06'53" WEST, FOR 20.00 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF 20 FOOT ALLEY; THENCE RUN NORTH 10°39'53" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE, FOR 6.00 FEET TO THE POINT OF BEGINNING. THE VERTICAL LIMITS OF THE ABOVE EASEMENT ARE BETWEEN AN ELEVATION OF 42.5 FEET (NGVD29), LOWER LIMIT, TO AN ELEVATION OF 56.5 FEET (NGVD29), UPPER LIMIT. BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY RIGHT OF WAY LINE OF THE 20 FOOT ALLEY TO BEAR NORTH 10°39'53" EAST, ASSUMED. NOTES: 1. I,MARK G.LEIST,HEREBY CERTIFY THAT THIS SKETCH REPRESENTED HEREON MEETS THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS,PURSUANT TO CHAPTER 472 OF THE FLORIDA STATUTES AND CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. 2.THE USE OF THIS DOCUMENT'S FORMAT IS STRICTLY PROHIBITED AND CONTINGENT UPON THE WRITTEN CONSENT AND PERMISSION OF BOCK& CLARK CORPORATION,AN NV5 COMPANY.©2019 BOCK AND CLARK CORPORATION,AN NV5 COMPANY ,, PSK G 0/\V ......... S 07-24-2019 ••••<<Y ;<<Y' FIC �••: MARK G. LEIST DATE a U REGISTRATION NO. PSM 5836 : NO. 5836 0 IN THE STATE OF FLORIDA m1 STATE OF Q DATE OF SKETCH:JULY 23,2019 , (J� :- DATE OF LAST REVISION:JULY 23,2019 Ni�' A' N 0,j;••. &O R 1O P;.••••9 -- Bock Bock&Clark Corporation �,••SURE.O� an NV5 Company SKETCH&DESCRIPTION PREPARED BY: BOCK&CLARK CORP.,AN NV5 COMPANY L.B.7386 8111 BLAIKIE COURT,SUITE B SARASOTA,FL 34240 PHONE: (800)787-8395 FAX:(941)379-3083 EMAIL: mike.vukoder@nv5.com Transaction Services 1-800-SURVEYS (787-8397) NOT VALID UNLESS SIGNED, DATED AND 3550 W.Market Street,Suite 200,Akron,Ohio 44333 STAMPED WITH SURVEYOR'S EMBOSSED SEAL www.BockandClark.com maywehelpyou@bockandclark.com www.NV5.com SHEET 1 OF 2 SURVEY •ZONING • ENVIRONMENTAL • ASSESSMENT NETWORK PROJECT NO. 201902224-002 SKETCH AND DESCRIPTION NOT A BOUNDARY SURVEY SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION 1 I ' - --___---_ -- LOT 12 I Z .1N �`� LOT 5 3 RORY SWOOP NO ADDRESS PC.93 Q It, 2'a LOT 11 20 FOOT PEDES AL RI AN WALKWAY EASEMENT FOR J ` -- _ POINT OF BEGINNING LOT 6 0I POINT LYING 2.09'SOUTH 7 OF THE NE CORNER OF LOT 10 POINT LYING 1.83'SOUTH BLOCK 15 _ L' OF THE NW CORNER OF LOT 7 OCEAN BEACH FLORIDA -- I ADDITION NO.2 -../ (Ni 1 PLAT BOOK 2,PAGE 56 L4 J ---20' _ LOT 10 i 0 �� =o , 4 LOT 7 POINT OF COMMENCEMENT i m SE CORNER OF LOT 9,BLOCK 15 1 In 3 z OCEAN BEACH FLORIDA ADDITION NO.2 z ) LL ' > BLOCK 15 PLAT BOOK 2,PAGE 56 m o k 3 OCEAN BEACH FLORIDA 2 o ADDITION NO.2 ›. = PLAT BOOK 2,PAGE 56 _ LOT 9 g cz LOT 8 --..._ �S ________10Tf/ST GREET ---...__ L1 -579°06'53"E 20.00' —5 L2-S10°39'53"W 6.00' _ L3- N79°06'53"W 20.00' L4- N10°39'53"E 6.00' Bock&Clark Corporation an NV5 Company N V 5 SCALE : 1" = 40' Transaction Services 1-800-SURVEYS (787-8397) 3550 W.Market Street,Suite 200,Akron,Ohio 44333 0' 20' 40' 80' www.BockandClark.com maywehelpyou@bockandclark.com www.NV5.com SHEET 2 OF 2 SURVEY •ZONING • ENVIRONMENTAL • ASSESSMENT NETWORK PROJECT NO.201902224-002 ALEXANDER I. TACHMES, ESQ. PARTNER Shutts Et Bowen LLP 200 South Biscayne Boulevard Suite 4100 Miami, Florida 33131 DIRECT (305) 347-7341 FAX (305) 347-7754 EMAIL ATachmes@shutts.com September 4,2019 Mayor and Commissioners of the City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 RE: Proposed Pedestrian Bridge Over Ocean Court Connecting Essex House and Clevelander Hotels Dear Mayor and Commissioners: We represent The Jesta Group, whose affiliates are the owners of the Essex House and Clevelander Hotels, located at 1001 Collins Avenue and 1020 Ocean Drive, respectively. The hotels are separated by the Ocean Court alley. We are hereby applying for an air rights easement from the City so that we can construct a pedestrian bridge over Ocean Court at approximately a fourth-story level connecting the Essex House with the Clevelander. This application is very similar to and follows the same procedure that led to the construction of pedestrian bridges over Ocean Court for the Betsy and Tides hotels. Description of the Project In October 2018, the Jesta Group purchased the Essex House and Clevelander Hotels, both prominent hotels and food and beverage destinations for many years in Miami Beach. As a further indication of the Jesta Group's confidence in the South Beach hotel economy, it is now proposing a multi-million dollar development project at the Essex House, which will lead to the restoration and renovation of the Essex Annex building on the north part of the lot and the construction of an addition to the project to increase the number of hotel rooms. Other plans are in place to invest in and enhance the Clevelander to the east. In evaluating the proposed project relating to the Essex House and Clevelander Hotels, our client and architect determined that constructing a pedestrian bridge over Ocean Court, connecting the Essex House to the Clevelander, would provide multiple benefits, including greater operating functionality, circulation and efficiency, and enhanced branding opportunities. Once the two hotels are connected, they will be branded together under the world famous Clevelander Hotel brand. Our client also has been encouraged by seeing the Betsy, Tides and Trader Joe's bridge connectors, each of which are or will be benefiting from pedestrian connectors over City alleys. In our case, the bridge connector will be built at approximately a fourth-story level to ensure unimpeded vehicular traffic in the alley, including for emergency vehicles. The dimensions of the connector are modest and are as follows: 6 feet wide x 15 feet high x 20 feet long (the width of the MIADOCS 18700531 2 shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH Page 387 of 849 Mayor and Commissioners September 4, 2019 Page 2 alley). The bridge connector is intended solely as a pedestrian corridor between the two properties. The design of the bridge connector will be reviewed by the Historic Preservation Board. Public Purpose The City's grant of an air rights easement to our client will benefit the City's very important tourism industry and, thus, will provide public benefits. Similar to the Betsy and Tides bridge connectors, the Essex House — Clevelander connector will enhance the ability of these hotels to attract tourists and to make their visits to these properties more enjoyable. The connector will also provide various advantages in terms of operating efficiency and functionality for these two properties. In keeping with the City's past procedure regarding these bridge connectors, our client will be paying the appraised value of the air rights it proposes to acquire via easement from the City. The copy of the appraisal will be provided to you by the City Administration. Therefore, in accordance with Section 82-39 of the City's Code, our client will be paying fair market value for the easement as determined by an appraiser. Bid Waiver Section 82-39 of the City's Code requires public bids in connection with transfers of City real estate, unless bids are waived by the City Commission by a 5/7 vote. Here, a bid waiver is appropriate because the only parties that could make use of the subject air rights are the two hotels themselves(i.e., the Essex House and Clevelander). Therefore, it would be a waste of City resources to go through a bid process when no one other than our clients could make realistic use of these air rights. Planning Analysis The proposed bridge connector is also consistent with the criteria in Section 82-38 of the City's Code, as outlined below. (1) Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city's comprehensive plan. The use of the connector to serve the adjacent properties is consistent with the future land use category description applicable to such properties contained in the City's Comprehensive Plan. (2) The impact on adjacent properties (if any), including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level, enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the city shall determine the potential impact of the project on city utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed, the MIADOCS 18700531 2 shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI ! ORLANDO I SARASOTA I TALLAHASSEE TAMPA I WEST PALM BEACH Page 388 of 849 Mayor and Commissioners September 4, 2019 Page 3 purchaser/lessee shall be responsible for obtaining and paying for a traffic impact analysis from a reputable traffic engineer. II The applicant owns the properties on either side of the proposed easement, and such properties will benefit from the proposed bridge connector for the reasons outlined herein. There will be no negative impacts, including no impact on City utilities. Finally,access to the alley will not be impeded due to the height of the bridge connector, and therefore, traffic will not be impacted. (3) A determination as to whether or not the proposed use involves a public purpose, or is in keeping with the community's needs, such as expanding the city's revenue base, reducing city costs, creating jobs, creating a significant revenue stream, and/or improving the community's overall quality of life. In addition to the public purpose stated above concerning the City's tourism industry, the bridge connector will also move pedestrian foot traffic and luggage handling between the hotels internal to the site and avoid congestion on the City's sidewalks. (4) A determination as to whether or not the proposed use is in keeping with the surrounding neighborhood, will block views or create other environmental intrusions, and evaluation of the design and aesthetic considerations of the proposed development or project. As evidenced by the City's prior approval of bridge connectors for the Betsy and Tides hotels within Ocean Court for the same purpose requested here, the proposed use is in keeping with the surrounding neighborhood. The proposed bridge connector will not block views or create environmental intrusions, and its design will be subject to approval of the City's Historic Preservation Board. (5) The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. There will be no adverse impacts to adjacent properties. (6) Such other issues as the city manager or his authorized designee, who shall be the city's planning director, may deem appropriate in analysis of the proposed disposition. Consistent with the City's prior approval of bridge connectors within Ocean Court and other areas of the City,the applicant will be paying the fair market value for the easement as determined by the appraisal obtained by the City. MIADOCS 18700531 2 shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA WEST PALM BEACH Page 389 of 849 Mayor and Commissioners September 4, 2019 Page 4 Conclusion For all of the above reasons, we respectfully request that the City Commission grant an air rights easement in favor of our client for a bridge connector and waive the bidding process. Thank you. Sincerely, Shutts&Bowen LLP atiC " Alexander I. Tachmes,Esq. AIT/sm cc: Jimmy L. Morales, City Manager Raul J. Aguila, City Attorney Eric Carpenter,Assistant City Manager Nicholas E. Kallergis,First Assistant City Attorney Jay Fink,Assistant Public Works Director Thomas Mooney,Planning Director MIADOCS 18700531 2 shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM BEACH Page 390 of 849 THE URBAN GROUP, INC. APPRAISAL REPORT OF AIR RIGHT EASEMENT ON OCEAN COURT IN MIAMI BEACH, FLORIDA a 111 f { t 1 4111 _ . ../ .. 7001_- _ OWNER: CITY OF MIAMI BEACH EASEMENT PURCHASER: ESSEX HOUSE COLLINS LP AND CLEVELANDER HOLDINGS, LP C/O JESTA MANAGEMENT CORPORATION EFFECTIVE DATE OF APPRAISAL JULY 23 , 2019 PREPARED FOR MS . FIORELLA SARMIENTO PUBLICK WORKS DEPARTMENT CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 Page 391 of 849 THE URBAN GROUP, INC. INTRODUCTION AND PREMISES OF THE APPRAISAL August 1, 2019 Ms . Fiorella Sarmiento Public Works Department City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Air Right Easement-Ocean Court Between 1001 Collins and 1020 Ocean Drive Landowner: City of Miami Beach Easement Purchaser: Essex House Collins LP and Clevelander Holdings, LP C/O Jester Management Corporation Dear Ms . Sarmiento: Per your request, I have reviewed the above captioned property for the purpose of providing you with a current valuation on the above referenced property. This appraisal assignment involved the preparation of an appraisal report which summarizes the appraiser' s analysis and rationale for the conclusions . The purpose of this appraisal is to form an opinion of the market value of an aerial easement above Ocean Court alley between the two properties known as the Essex House and Clevelander. The function of this report is as an aid in the negotiation process for the acquisition of the permanent aerial easement by adjoining property owners to join these two properties with an aerial bridge. The intended users of the report are the City of Miami Beach, the property owners and their respective legal counsel and representatives . This appraisal assignment pertains to an aerial acquisition easement only. The easement parcel consists of a cube that consists of an aerial easement that begins 42 . 5 feet above the existing street level and exceeds upward to 56 . 5 feet . The width of Ocean Court alley is 20 feet and width of the bridge is 6 feet . The square footage of the bridge is 6 feet x 20 feet or 120 square feet of area and 1, 680 cubic feet of air space. Page 392 of 849 THE URBAN GROUP, INC. Ms . Fiorella Sarmiento August 1, 2019 For the purpose of this appraisal, I have considered the easement parcel as the whole property, since they are part of the larger alley right of way. The subject is currently under the ownership of The City of Miami Beach, Florida. based on my review of the tax rolls and no acquiring deeds were reviewed. No title report was provided or reviewed as part of this assignment . This is an aerial easement that encumbers 1, 680 cubic feet of air space and 120 square feet of land area. I have prepared the attached Appraisal Report, which contains a recapitulation of the data utilized to form an opinion of the market value as of July 23 , 2019 . If any additional data is required, please advise. Based upon my inspection of the property and market data analysis, it is my opinion the market value of the aerial easement parcel known as Ocean Court alley, described herein, as of July 23 , 2019 is as follows : OCEAN COURT ALLEY PERMANENT AERIAL EASEMENT ONE HUNDRED THRITY-FIVE THOUSAND DOLLARS ($135, 000) Sincerely, Robert D. Miller, ASA State Certified General R. E. Appraiser No. RZ1270 Steuen Jo&mon Steven Johnson, MAI State Certified General R.E . Appraiser No. RZ587 Page 393 of 849 100:CERTIFICATE OF VALUE Project: Air Easement-Essex House-Clevelander I certify to the best of my knowledge and belief,that: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses,opinions,and conclusions are limited only by the reported assumptions and limiting conditions and are my personal,unbiased,professional analyses,opinions,and conclusions. 3. I have no present or prospective interest in the property or bias with respect to the property that is the subject of this report,and I have no personal interest or bias with respect to the parties involved.My engagement in this assignment was not contingent upon developing or reporting predetermined results. 4. I have performed no services,as an appraiser or in any other capacity,regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client,the amount of the value opinion,the attainment of a stipulated result,or the occurrence of a subsequent event directly related to the intended use of this appraisal. 6. My analyses,opinions,or conclusions were developed,and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice,and the provisions of Chapter 475,Part II,Florida Statutes. 7. I have made a personal inspection of the property that is the subject of this report and I have afforded the property owner the opportunity to accompany me at the time of the inspection. I have also made a personal field inspection of the comparable sales relied upon in making this appraisal. The subject and comparable sales relied upon in making this appraisal were as represented by the photographs contained in this appraisal. 8. John Zink provided professional assistance to the persons signing this report with data collection and sales research. 9. I understand that this appraisal is to be used in connection with the acquisition of right-of-way for a transportation facility to be constructed by the State of Florida with the assistance of Federal-aid highway funds,or other Federal or State funds. 10. This appraisal has been made in conformity with the appropriate State laws,regulations,policies and procedures applicable to appraisal of right-of-way for transportation purposes;and,to the best of my knowledge,no portion of the property value entered on this certificate consists of items which are non-compensable under the established law of the State of Florida. 11. I have not revealed the findings or results of this appraisal to anyone other than the proper officials of the City of Miami Beach and I will not do so until so authorized by my client,or until I am required by due process of law,or until I am released from this obligation by having publicly testified as to such findings, 12. Regardless of any stated limiting condition or assumption,I acknowledge that this appraisal report and all maps,data, summaries,charts and other exhibits collected or prepared under this agreement shall become the property of the City without restriction or limitation on their use. 13. Statements supplemental to this certification required by membership or candidacy in a professional appraisal organization,are described on an Addenda to this certificate and,by reference,are made a part hereof. Based upon my independent appraisal and the exercise of my professional judgment,my opinion of the market value for Aerial Easement identified herein as of the 23rd day of July 2019,is:ONE HUNDRED THRITY-FIVE THOUSAND DOLLARS ($135,000). Market value should be allocated as follows: LAND $135,000 LAND AREA(AC/SF) 120 SF IMPROVEMENTS $ 0 NET DAMAGES&/OR LAND USE COST TO CURE $ 0 CODE: Aerial Easement TOTAL $135,000 "" August 1,2019 "" Steven l o n,on Date Robert D.Miller,ASA Steven Johnson,MM State Certified General R E Appraiser RZ1270 State Cert.Gen.R E Appraiser RZ587 1 Page 394 of 849 ADDENDA TO CERTIFICATE (S) OF VALUE Supplemental to the foregoing Certificate (s) of Value is the following certificate . I certify that, to the best of my knowledge and belief, except otherwise noted in this report : • I certify that, to the best of my knowledge and belief, the reported analyses, opinions and conclusions were developed and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the American Society of Appraisers . • The use of this report is subject to the requirements of the American Society of Appraisers and Appraisal Institute and to review by its duly authorized representatives . In addition, the report is subject to the requirements of the State of Florida relating to review by the Real Estate Appraisal Board. • Robert D. Miller, ASA, State Certified General Real Estate Appraiser RZ1270 (expires 11/30/2020) . Steven Johnson, MAI, State Certified General Real Estate Appraiser RZ587 (expires 11/30/2020) . • John F. Zink, providing assistance in research and data compilation. A list of the Qualifying and Limiting Conditions follows in the report and is made a part hereof by reference thereto. COMPETENCY PROVISION Appraisers This appraisal assignment is being performed for the purpose of estimating a market value of a permanent aerial easement on Ocean Court Alley. This is a permanent easement that contains 120 square feet and will connect two properties via a sky bridge. The appraiser has complied with the Competency Provision and has the knowledge and expertise necessary to complete the assignment competently. Mr. Miller and Mr. Johnson have appraised aerial easements within the past several years . I (Both Appraisers) certify that I have been appraising these types of properties for more than 30 years in the State of Florida. '�-�_..,'_) August 1, 2019 Steven joiman Date Robert D. Miller, ASA Steven Johnson, MAI 2 Page 395 of 849 120 : TABLE OF CONTENTS INTRODUCTION AND PREMISES OF THE APPRAISAL Letter of Transmittal i 100 : Certificate of Value 1 Addenda to the Certificate of Value 2 120 : Table of Contents 3 115 : Qualifying and Limiting Conditions 4 120 : Summary of Salient Facts and Conclusions 6 130 : Type of Report Format 8 140: Purpose, Intended Use, Intended User of the Appraisal 8 150 : Definition of Market Value 8 160 : Property Rights (Interest) Appraised 9 175 : Scope (Extent of Process of Collecting, Confirming and Reporting Data) 11 180 : Appraisal Problem 14 PRESENTATION OF DATA 200: Identification of Property and Legal Description 15 220 : Description of Area and Neighborhood 18 230 : Description of Property, Photographs and Sketches 19 240 : Zoning, Land Use Plan, Concurrency 28 250 : Assessed Value, Taxes and Special Assessments 30 260: History of Property 30 270: Exposure Time 31 280 : Public and Private Restrictions 31 ANALYSIS OF DATA AND CONCLUSION 300 : Highest and Best Use Analyses 32 302 : Highest and Best Use Conclusion 34 305: Approaches to Value Used and Excluded 35 310 : Land Valuation 37 390 : Conclusion of Land Value 42 392 : Valuation of Permanent Easement 43 ADDENDA Area Map Land Sales Data Sheets Qualifications of Appraisers 3 Page 396 of 849 115: QUALIFYING AND LIMITING CONDITIONS The legal description furnished to the appraiser is assumed to be correct . The appraisers assume no responsibility for matters of a legal nature affecting the property appraised or the title thereto, nor do the appraisers render any opinion as to the title, which is assumed to be good and marketable . The property is appraised as though under responsible ownership. All existing liens and encumbrances have been considered; however, the property is appraised as though free and clear, under responsible ownership and competent management . The information, estimates and opinions identified in this report as being furnished to the appraiser by others is believed to be reliable; however, the appraiser assumes no responsibility for its accuracy. I have not inspected or tested the soil or subsoil and I am therefore unable to report that any such part of the subject property is free from defect or in such condition as to render the subject property less valuable. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the •appraisal report . It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. It is assumed that the utilization of the land any improvements are within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report . The distribution, if any, of the total valuation in this report between land and any improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 4 Page 397&849 115: QUALIFYING AND LIMITING CONDITIONS (Continued) Possession of this report, or copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event, only with proper written qualifications and only in its entirety. The appraiser herein by reason of the appraisal is not required to give further consultation, testimony, or be in attendance in court with reference to the property in questions unless arrangements have been previously made . Neither all, nor part of the contents of this report, especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected, shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. The Americans with Disabilities Act ( "ADA") became effective January 26, 1992 . I have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act . If so, this fact could have a negative effect upon the value of the property. Since I have not direct evidence relating to this issue, I did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on, or in the property. The appraiser is not qualified to detect such substances . The presence of substances such as asbestos, urea-formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. The use of "I" in this report shall refer to both signatory appraisers 5 Page 398 of 849 120 : SUMMARY OF SALIENT FACTS AND CONCLUSIONS PROPERTY LOCATION: The parcel is located adjacent west of 1020 Ocean Drive, Miami Beach, Fl . and adjacent east of 1001 Collins Avenue, Miami Beach, Fl . The parcel is known as Ocean Court Alley, and will be under the proposed Sky Bridge, an aerial easement between the Essex House and the Clevelander Hotel properties . This portion of Ocean Court alley extends north from 10th Street to south of 11th Street between Ocean Drive and Collins Avenue. OWNER' s NAME/ADDRESS: The City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139-1819 INSPECTION DATES : Various times with the most recent inspection on July 23 , 2019 NAMES OF PERSONS WHO ACCOMPANIED APPRAISER AT INSPECTION: July 16, 2019 by appraisers, Robert Miller and Steve Johnson. The appraisers were not accompanied by the property owner during the inspection. The property was also inspected on July 23 , 2019 by both appraisers. EXTENT OF INSPECTION: Site inspection of the fee simple lands and review of the location of the aerial easement . FOLIO NUMBER: City Right of Way between: 02-3234-008-0200 - Essex House 02-3234-008-0170 - Clevelander Hotel 6 Page 399 of 849 TYPE OF PROPERTY: The parcel know as Ocean Court is comprised of one parcel to be utilized as an aerial easement above the alley right of way. The aerial easement shall commence at a constant elevation of 42 . 5 feet above the parcel to a height of 56 . 5 feet above the ground and cover an area of 20 feet long and 6 feet wide or 120 square feet, above the existing Ocean Court elevation. PROPERTY SIZES : Site Size Proposed Aerial Easement Parcel - Ocean Court 120 SF BUILDING SIZES: None . The Property is an alley, right of way. ZONING/FUTURE LAND USE: The City of Miami Beach zoning for the subject is MXE - Mixed Use Entertainment . HIGHEST AND BEST USE: Ocean Court - Alley DATE OF VALUE: July 23, 2019 7 Page 400 of 849 130 : TYPE OF REPORT FORMAT The appraisal of the Parcel Proposed Aerial Easement above Ocean Court alley is prepared in an Appraisal Report in accordance with the Uniform Standards of Appraisal Practice and FDOT Supplemental Standards . Certain discussions are brief, and some information considered is not included in this report and is intended to comply with the reporting requirements set forth under Standard Rule 2-2 (a) of USPAP. This appraisal assignment involved the preparation of an Appraisal Report, which summarizes the appraiser' s analysis and rational for the conclusions . The appraisal assignment pertains to forming an opinion of the market value of an aerial easement above the lands owned by the City of Miami Beach. We utilized the land value for the adjacent properties to form an opinion of the market value of the fee simple interest and eventually to arrive at a market value for the permanent aerial easement . 140 : PURPOSE, INTENDED USE, INTENDED USER OF THE APPRAISAL The purpose of this appraisal is to form an opinion of the market value of an aerial easement above the lands owned and operated as an alleyway in the City of Miami Beach. The function of this report is as an aid in the negotiation process for the acquisition of the permanent aerial easement by the owners of the Essex House and Clevelander. The intended users of the report are the City of Miami Beach, Florida, the property owner and their respective legal counsel and representatives . 150 : DEFINITION OF MARKET VALUE The following market value definition is found in Florida case law, (Florida State Road Department vs. Stack, 231 So.2d 859 Fla. , 1st DCA 1969) and is the acceptable and preferred definition of market value: "Value as used in eminent domain statute, ordinarily means amount which would be paid for property on assessing date to willing seller not compelled to sell, by willing purchaser, not compelled to purchase, taking into consideration all uses to which property is adapted and might reasonably be applied. " The willing buyer and willing seller test include consideration of the following: . . . . 1 . A fair sale resulting from fair negotiations, . . . . 2 . Neither party acting under compulsion (this eliminates forced liquidation or sale at auction) , . . . . 3 . Both parties have knowledge of all relevant facts, . . . . 4 . A sale without peculiar or special circumstances, . . . . 5 . A reasonable time to find a buyer. 8 Page 401 of 849 160: PROPERTY RIGHTS (INTEREST) APPRAISED Property Interest Appraised: For the whole property, the property rights appraised are fee simple title ownership with due consideration given to any restrictions of use of the property. "Fee Simple Estate" is defined in The Dictionary of Real Estate Appraisal, Fifth Edition, Appraisal Institute, 2010, Page 78, as : "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat . " The valuation on this assignment will be for the market value of the aerial easements only as described in this report . ODA Billboards: Not applicable Interest Other than Owner Occupant: None Tenant Owned Improvements: Not applicable 9 Page 402 of 849 160: PROPERTY RIGHTS (INTEREST) APPRAISED Real Property Interest Previously Conveyed: I am not aware of any other property interests, encumbrances or easements which negatively affects the market value . Encumbrances: I have not been provided a title report . The aerial easement would not negatively affect the continued use of the alleyway. Non-Realty Items Appraised: The property is currently improved with a paved alley with right of way running northerly from 10th Street and southerly from 11th Street parallel and in between Ocean Drive and Collins Avenue, Miami Beach, Florida. 10 Page 403 of 849 175: SCOPE (EXTENT OF PROCESS OF COLLECTING, CONFIRMING AND REPORTING DATA) I have compiled all the necessary data in order to formulate an opinion of value . I have presented the applicable data in this Appraisal Report . Any additional supporting data can be found in my working file. The scope of the appraisal involved inspections of the subject property and surrounding area to develop a better understanding of the growth patterns, property types and economic uses of the subject neighborhood. In preparing my report, I have reviewed and relied upon the following data. 1 . I reviewed sales and listings of vacant and improved land including previous aerial easement sales, throughout the subject neighborhood over the past seven years . 2 . Review of public records for all pertinent sales data including appraiser land records, deeds, etc . I retrieved sales data from CoStar, LoopNet, IRIS, MLS, news articles, the Property Appraiser' s Office and local contacts . In addition, conversations were held with local real estate brokers and agents concerning local conditions, development activity and a review of valuations . 3 . Reviewed and considered the sales history of the subject property and neighborhood. 4 . Review of Miami Dade County, the City of Miami Beach, neighborhood trends . 5 . Inspection of neighborhood and analysis of land use patterns and trends in the City of Miami Beach. 6 . Physical inspection of subject property and all comparable land sales utilized in this report . Furthermore, the data relied upon was confirmed through knowledgeable parties to the transactions . Copies of the sale sheets and deeds are included in the Addenda of the report . The data relied upon is believed to be accurate, but the appraiser assumes no responsibility for its accuracy. Analysis and review of the market revealed data considered to be reliable to arrive at an opinion of market value which is supportable for the subject property and compensation due the owner for the acquisition of the subject property. 11 Page 404 of 849 7 . Reviewed and relied on sketches and legal descriptions as of the inspection date for this report for the size and descriptions of the subject property. Please see the legal description and sketch in the report . The subject parcel consists of a proposed aerial easement that contains 120 square feet and 1, 680 cubic feet above the Ocean Court right of way. Ocean Court is currently a paved alley with right of way running northerly from 10th Street and southerly from 11th Street between Ocean Drive and Collins Avenue, Miami Beach, Florida. Ocean Court is within the City of Miami Beach zoning MXE, Mixed Use Entertainment . In consideration of the highest and best use, I have valued the subject parcel as vacant land for this proposed aerial easement acquisition. The subject parcel consists of the air rights above Ocean Court Alley and I have not considered any site improvements as part of this appraisal . The subject property was field inspected, and I reviewed sketches and legal descriptions provided by the client to derive the site areas and dimensions for the Parcel . Please see the sketch later in the report . A Market Approach was considered in my analysis . Based on my review, the subject parcel is considered vacant land and I have not considered any site improvements in this appraisal . The current use as an Alley right of way, is considered to be the highest and best use . The majority of the neighborhood is improved with many parcels purchased for redevelopment and in surrounding areas, therefore I have reviewed sales generally located in the subject neighborhood. In addition to three aerial easement transactions located in Miami Beach, we have also considered other easement sales in our review and analysis of the market value for the permanent aerial easement . 12 Page 405 of 849 Considering the zoning, land use and the location, I have utilized land and improved sales to estimate the market value of the fee land value and review the easement sales to estimate a percentage of the fee value in order to value the aerial easements . Therefore, I have relied upon the Market Approach in this assignment for the land value . To complete my appraisal, I have reviewed county records including property appraiser land records, deeds, etc . My analysis of Florida and Miami Dade County as well as the City of Miami Beach considers factors affecting real estate which forms the basis of my analysis of the area real estate market and the local and regional information is included in our working office file . This appraisal was prepared and includes the data relied upon together with the analysis and conclusions . 13 Page 406 of 849 180 : APPRAISAL PROBLEM The appraisal problem is to form an opinion of the market value of the proposed aerial easement to connect the Essex House and Clevelander hotel with a sky bridge oven Ocean Court . The property is being appraised for potential sale and negotiation by the City of Miami Beach of the proposed aerial easement acquisition by the owners of Essex House and the Clevelander. The proposed aerial easement contains 120 square feet and a total of 1, 680 cubic feet of area. The parcel is within the City of Miami Beach zoning district zoned MXE - Mixed Use Entertainment . The subject is currently under the ownership of the City of Miami Beach. In my opinion the highest and best use is as current use for the right of way for Ocean Court but will be valued as part of an assemblage with adjoining properties . The parcel is part of the Ocean Court Alley right of way to be utilized as an aerial easement above Ocean Court . The easement shall commence at a constant elevation of 42 . 5 feet above the alleyway and proceed upward for 14 feet to a height of 56 . 5 feet . The highest and best use is for continued use as an alleyway and the valuation will be based on the land values of the adjoining parcels . Part of the appraisal problem considers the subject fee simple land value as part of the adjoining properties and we have used sales in the Miami Beach area for that purpose . After arriving at a fee simple market value, we will then consider the impact on the parcel with the permanent easement . I have reviewed three similar aerial easements in the City of Miami Beach and other permanent easement transactions in the market . Although the owner will retain the ownership, the taking restricts the use but does not take the full fee value . Consideration of the percentage of fee simple interest, will be part of the appraisal problem for this property. 14 Page 407 of 849 PRESENTATION OF DATA 200 : IDENTIFICATION OF PROPERTY AND LEGAL DESCRIPTION The subject Parcel consists of an aerial easement that is located from the west side of 1020 Ocean Drive to east side of 1001 Collins Avenue, over Ocean Court Alley. The total area of the aerial easements is 120 square feet and the air space is 1, 680 cubic feet . Please see a copy of the sketch and legal description on the following page . This legal description and sketch were prepared by Mark G. Leist, a Professional Surveyor and Mapper in the State of Florida and was prepared on July 24, 2019 . 15 Page 408 of 849 SKETCH AND LEGAL DESCRIPTION SKETCH AND DESCRIPTION NOT A BOUNDARY SURVEY SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION 20 FOOT AERIAL EASEMENT FOR PEDESTRIAN WALKWAY A 20 FOOT AERIAL EASEMENT LYING IN THAT PORTION OF A 20 FOOT ALLEY LYING WITHIN BLOCK 15 OF OCEAN BEACH FLORIDA ADDITION NO.2.AS RECORDED IN PLAT BOOK 2, PAGE 56,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,LYING AND BEING IN THAT PORTION OF SECTION 3, TOWNSHIP 54 SOUTH, RANGE 42 EAST.MIAMI-DADE COUNTY.FLORIDA,THE HORIZONTAL LIMITS OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID BLOCK 15 OF OCEAN BEACH FLORIDA ADDITION NO.2, THENCE RUN NORTH 10"39'53" EAST ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID 20 FOOT ALLEY, FOR 91.91 FEET TO A POINT LYING 2.09 FEET, MORE OR LESS, SOUTH OF THE NORTHEAST CORNER OF LOT 10 OF SAID BLOCK 15 AND THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING THENCE RUN SOUTH 79`06'53"EAST.FOR 20.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID 20 FOOT ALLEY AND A POINT LYING 1.83 FEET, MORE OR LESS,SOUTH OF THE NORTHWEST CORNER OF LOT 7 OF SAID BLOCK 15 OF OCEAN BEACH FLORIDA ADDITION NO.2: THENCE RUN SOUTH 10"39'53"WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, FOR 6.00 FEET: THENCE LEAVING SAID EASTERLY RIGHT OF LINE RUN NORTH 79`06'53'WEST.FOR 20.00 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF 20 FOOT ALLEY; THENCE RUN NORTH 10 39'53"EAST ALONG SAID WESTERLY RIGHT OF WAY LINE.FOR 6.00 FEET TO THE POINT OF BEGINNING. THE VERTICAL LIMITS OF THE ABOVE EASEMENT ARE BETWEEN AN ELEVATION OF 42.5 FEET(NGVD29), LOWER LIMIT,TO AN ELEVATION OF 56.5 FEET(NGVD29),UPPER LIMIT. BEARINGS SHOWN HEREON ARE BASED ON THE WESTERLY RIGHT OF WAY LINE OF THE 20 FOOT ALLEY TO BEAR NORTH 10`39'53' EAST,ASSUMED. NOTES: 1. I MARK G.I FIST,HFR=RY CFRTIFY THAT TH S SKFT.^.H RFPRFSFNTFI7 HFRFON MFFTS THF STANDARDS OF PRACTLCF FOR SLURVFY-NG N THF STATF OF FLORIDA AS SFT FORTH AY THF Fl OR IDA POARD OF I AND SURVFvORS PURSUANT TO CI-.APTFR 472 OF T-1=Fl ORI DA STATUfFS AND CHAPTER 8J-17 OF THE FLORIDA ADMINISTRATIVE CODE. 2.THE USE OF THIS DOCUMEN?'S FORMAT IS STRICTLY PROHIBITED AND CONTINGENT LPOK THE WRIT-Ess CONSENT AND PERMISSION OF BOCK& CLARK CORPORATION,AN NV5 COMPANY2019 BOCK AND CLARo(CORPORATION,AN NV5 COMPANY "19;2:47°"---Wit-73-7;4-2019 oki 1 F c17 DArF �^: MARK G.LTIOT r NO. saw I a REGISTRATION NO,PSM 5f1:18 IV THE STATE OF FLORIDA 11 STATE OF i* • DATE or SKETCH:JULY 23.2(119 . U) •g DME OF LAST REVISION:JULY 23.2U1Y - /4', A Bock&Clark Corporation • SURES O� an NV5 Company N V 5 SKETCH&DESCRIF'TI ON PREPARED BY: SOCK&cum-tic cow.,'.,AN N'v5 coVI'ANY LB.7385 5111 dLA KIE COURT,SU I I E B SARASO1A.f-L 3424(1 PHONE:iFuu)7a7-83Y5 f-AX:(174•j 379-S053 EMAIL mlke.wkodergrrv5.com Transaction Services 1-800-SURVEYS (787-8397) NOT VALID UNLESS SIGNED,L)A TEL)ANL) 3550 W.Market Street,Suite 2043,Akron.Ohio 44333 STAMPED WITH SURVEYOR'S EMBOSSED SEAL www.Bockant1Clark,com maywehelpyou@boaandclark.com www,NV5.com SHEET 1 OF 2 SURVEY •ZONING • ENVIRONMENTAL • ASSESSMENT NETWORK PROJECT NO,201902224-002 16 Page 409 of 849 III iii SKETCH AND DESCRIPTION NOT A BOUNDARY SURVEY SEE SHEET 1 OF 2 FOR LEGAL DESCRIPTION ii _OT 12 'I i li 11/ lc jLOT s il q▪1t JJe LOT V 20 FOOT AER:AI EASEMENT FOR x�e -_ _ e—PEDESTRIAN WALKWAY 11 J :111 _ POINT 4F BEGINNING � LOT R D I POINT LYING 2 OS'SOUTH \ V)/ 01-THE NE CORNER C4-WI 1 — • POINT LYING 1.I I'SOU-1I CLUCK 18 �� c 1 i OF THE 41V CORNER OF LOT 7 l7CEA'l BF-.40-1 FLORIDA + �' 0 A77RIr.A NO 7 - / FLAT FOUR 2.RAUL 54 .rp LOT 10 LA 1 1 LOT 7 POINT OF COMMENCEMENT �^ P' SFCORNFROFIOT(9,RIOGKID 'a t OCEAN BEACH FLORIDA ADDITION NO.2 -r------. ` FLOCK 15 PLAI BOOK 2.PAGE L.' .-- , - R ---._. 00EAN BEACH FLORIDA ,_J {At ROCK a.rArF SA �.,_._._.. •01 ! { IOTA ' a • y X19 TH 5 T "\-"7 �4REEr b Li -S79°06'53"E 20.00' '--_— L2-610°39'53"W 6.00' ''�""� ~`____ L3-N79`06'53°W 20.00' L4-N10'.39'53"E 6,00' Bock&Clark Corporation an NVS Company N V 11 5 SCALE : 1" = 40' Transaction Services 1.800-SURVEYS (787-8397) 3550 W.Market Street,Suite 200,Akron.Ohio 44333 i) 2U' 40' fY_Y www.Bockandtiark,com maywahelpyouQ bockanddark,cam www.NVS-com SHEET 2 OF 2 SURVEY •ZONING • ENVIRONMENTAL • ASSESSMENT NETWORK PROJECT NO.201902224-D0k 17 Page 410 of 849 220 : DESCRIPTION OF AREA AND NEIGHBORHOOD The Description of Area and Neighborhood as well as additional information regarding Florida' s economy and market analysis is included in our office files . 1,45 tsPotitfet St P n4k PA f;r.Irn/� Ettfa, al 7-' ED Dr;4,1 CITYYrtlliyy � A 6.0%*".'i.. MIA-'!� nti.7Ch • otottrNt +j1 Cr,` QPc Itr•rN,.r.. !.,. . LM lift rKrrj.I,I..n4 . - . r l, 18 Page 411 of 849 230 : DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES PROPERTY TYPE / EXISTING USE: Ocean Court Alley, right of way. PROPERTY LOCATION: The parcel is located adjacent west of 1020 Ocean Drive, Miami Beach, Fl . and adjacent east of 1001 Collins Avenue, Miami Beach, Fl . The parcel is known as Ocean Court Alley, and will be under the proposed Sky Bridge, aerial easement between the Essex House and the Clevelander. This portion of Ocean Court Alley extends north from 10th Street to south of 11th Street between Ocean Drive and Collins Avenue . SITE SIZE: The subject contains a total of 120 square feet of area and 1, 680 cubic feet of aerial easement . SHAPE: Rectangular DIMENSIONS : 20 feet x 6 feet with a height of 14 feet from 42 . 5 feet to 56 . 5 feet above ground level . INGRESS/EGRESS: This portion of Ocean Court Alley extends north with access from 10th Street and south with access from 11th Street between Ocean Drive and Collins Avenue. TOPOGRAPHY: The property is part of the Ocean Court right of way on grade with surrounding properties and roadways . Based upon visual inspection of the site as well as adjacent properties, the soil conditions are considered adequate for most types of development . 19 Page 412 of 849 230: DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES (CONTINUED) FLOOD ZONE: Zone AE, Flood Insurance Rate Map Community Panel Number 12086C0319L dated September 11, 2009 According to FEMA, Zone "AE" is defined as "Special Flood Hazard Area. " ..°_ r� a I-i;1 rte+ „' -i�� s I f. 111 # - 41 .14811.0113it } .pll ;-' it �►.p�., X11 9/11.00114 ' 0 - _- II,R11-.I ,:1- . r'in Nlf+ s;I I. I I I .4:1 Sit.).5. t-* - - F .y—_J F ' i ; '''*dit'lkSW 4-:r: 11 * ' .1.'. ..:''4 '.::-..*'. i 121111601-11111. eft 9/11/2109 R 1 . iii_ 000 . 4'sri • .11+abMa.•aur st * *Min .marls0,., _ 3461 0•011•1111.11M01116110110 p,,... .1sl...a^m..16.00. Mwoe ,s71.e701.0101 lamer e rYs.l.r. .. "q""rr" lrmrs Mae 4«■.r w+.r—,rya.... e---one,1..1111 r,.nC..s.nml Maned iIwrr lrr om m/al.r.mY! z+111,maul owe t+o?.WI swop 00.1100.0 6010111.1 remow nrai._ wu.a..r.../PI 0,0.u.r.w ——OMNI 100111011•11111a mei rrwu.—Ram lr♦a.. alO-—M.ew.a M P r+lrtle u...... imp+..+oars 1%Mil. rt.Y1M1i a 1.`. _ we a..rr M..0=00^-.. O...M..1a�m i Qy11�I---a OanI.OM.1..rs.oww Q.wtw.u..a .inn�a....m.aa.. 11.r.. �•• S1alCil.r. wlr.Ir. O� Arm 10.ce....t'4.�+.st: naw MUM.r//o...sm...rdn..,.A l..0 ......... 004nn./..a.al an. MEW WAS ammo sow............r. DRAINAGE: Based on my inspection, the drainage appears adequate under normal observed typical conditions on the day of the appraiser' s inspection. SOIL CHARACTERISTICS : No soil samples were taken or analyzed by the appraiser as this is beyond the scope of the appraiser' s duties . 20 Page 413 of 849 230: DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES (CONTINUED) UTILITIES : All utilities are readily available to the subject and surrounding properties . SITE IMPROVEMENTS: The parcel is a portion of Ocean Court Alley right of way in the City of Miami Beach, Florida. EASEMENTS, ENCROACHMENTS OR RESTRICTIONS AND THEIR EFFECT OR LIMITATION: I have not been provided a title report and am not aware of any other encumbrances on the existing right of way in the City of Miami Beach, Florida. BUILDING: None OTHER PERTINENT FEATURES : None noted. 21 Page 414 of 849 230 : DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES (CONTINUED) A. SUBJECT PHOTOGRAPHS 4 , / : of I 1.`.181 Z A r A11-// '-' ' Jr Y it _` i 1, 1 A ,1 . gli f r. . r,. '11 . -Vs.: �, 1 _ _ .rte - - - 'IFF ' r_ ! Photo 1-View of easement location looking northerly on alleyway P, �� . P., , ilk 1p 06 , . 4_ ii �1 ' _�!. ,'6,, .''r t y s1 ;max i : , $ SO r ' 46 '' r . 5110 es . A il Ill •-ippUDf1� Ir."'... t . V 4 - 1 - / � , - 4111/ 5e{ '41..-- r f / A em' • a._...,2 '. . I sia° r - 9081/6 + 144 -'-- Photo 2- View of Clevelander Hotel looking northwesterly 22 Page 415 of 849 230: DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES (CONTINUED) B. SUBJECT PHOTOGRAPHS i � I1 ,..4 pIP ! i id-d_ d 1 I :'' I*. li ° ` i.. - • • Alli " oliii, mialho_ _ _ a 1NIL Photo 3-View of 10th Street looking westerly `#:A , , tt . , . . • r 10 Lit :I' .: fw : u 1 ' - Iliiii-' ,,v ' -. . :'' ► ..4. Photo 4-View of Ocean Drive looking southerly in front of Clevelander 23 Page 416 of 849 230: DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES (CONTINUED) A. SUBJECT PHOTOGRAPHS 1 AN t i k* __ ... g_. . . 1 • _ . , 1.‘ - . \i:T..imoir..._ . s Ii t 4110 i"- _ I _.., Photo 5-Entrance to Essex House on Collins Avenue lw 01" 'it tal Lou 'f-.1 0,11 111111 1 i 111, , ip_ , t , :_vb. Irt I. ice. Olk \.. 111111.111111r MOP' 112MV7 Photo 6-View of Essex House looking easterly from Collins Avenue 24 Page 417 of 849 230 : DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES (CONTINUED) A. SUBJECT PHOTOGRAPHS MI MN Iml ' 11111 _. Mimi 11111 IMO EN EMI MN UM III NEI 11111 MI , i NM MIK .44. r 1 I I • r " , ' sitT'1.- i .I= -�� i.. r ,. .i Photo 7-View of entrance to Clevelander Hotel on Ocean gill"Pill: 1 I iiLir AL- kaiiiiii atir jillir ' t . rair I r' ,1 f 1 [1 ,, y 1»>.0 I - I 1 II.OAA I .: ._ - 41 Photo 8- Street view looking northerly along Collins Avenue 25 Page 418 of 849 230 : DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES (CONTINUED) LOCATION MAP a la mode, inc- . 1 is 0.4.Th St I W %,- I 4 I . 1S10.SI 1 . g*panda Woe . ,eutPt Stertbetg t./ t Pales e Elementary :-...- S11001 14Th 54 144h St 5 0 r i 1 jr 0,4N SI IiIi4 St Lurettnus Park and NA:elic&each - . .._ 1.' i 1 1 '" J Port, 411.1.n Aerial Easement rtare.ngo est I. 1001 Collins Ave&1020 Ocean Dr Miami Beach,FL 33139 tir.,,•., ._ I I. I of,.St 94th SI 1 . 1 9 9Th SI If 0 I i f : c FAEA) E I fil ' eth st.,p-, , t Is i-. ...:-.7 I. C 7 reh St 7tt.51 7-' r I ISte St ,e5 MS Si M r i 2 . Sin Sif . ... • 5th.51 ,AtA' t 7, South 4111St t hear .e. 424 tlemerttary SI s1 14ur40•0 chol o45 c.......-.4.at 1...,Iphns, Sml it i I'd se d •E 2nd 14 1 C; R W.. 'This! The ‘77 YarJit hrs• C11.4 . VAS. it (.0,,%Thgere Si 6'I? Pier Pia S 00.ne Or ,.,pt.oete DI .e i tt SW rim 2DO le Z 1>8 c::,•2 HERE inittigioppectiswideA7,---, 26 Page 419 of 849 230 : DESCRIPTION OF PROPERTY, PHOTOGRAPHS AND SKETCHES (CONTINUED) SKETCH / gN !Si jak___ , C 7 �Y ----------7 02-3234-008- a 0200 Essex _ i g 02-3234-008- _�y— II _' 0170 C i , V b r4 a A . a rasa I -- 1``- rte`'-z_ 12 r---- c r _______[-- e r O i .. ; z; rma 27 Page 420 of 849 240 : ZONING, LAND USE PLAN The subject Parcel is currently zoned under MXE Mixed Use Entertainment District by the City of Miami Beach. " i i ;Rr::;,fi R w' 1 f . I hos 1 1 1 ,..— i-s cZe, 11 : I ..i _� � Atlantic Ocean __.qiiii MIAMI BEACH ruNNN1O *MRTTMNT .M0 CO. "" ^,/f// mdbR Oh of 4r UtYC Y1e1.1 ml.01 P-M3aII111 CDS in"_II l'Min AXI l v 111 amt I I 1.1 la Y�. MaY13. 1.1.,1”141.13 L^..AR1IMSOM 1t.a1VE11:. a a.a.a.VW,YG =MOW COSMOS p Rs.srge lalA Beam al CEO Cams l.'mew O r@:rafts,aim O_r r.ca..ns rrormeam M matt^ul• Q RFI DWI 411111111•11.111 lEta 1M/iWINN. CMR-%flea.011:. 1:2 own-l Rr.la fear 1010111100 OMNI 0743 OW 11111111111111.1ew___Jwaa+ C73 f;‹www MIele Uw nMwMrrerllelNrkl RM Or r.Iq imesesill MM4aa_ laLasl ,lYree/rwoel mum 1e « wee/iW---C law Ms Cow raw w n .. .lawn=inl7� Ile WIN PONe�e ©1ms: .mum=MEMO MOP MINI Sfc.WNW Ye lr CONY OM =4144 e110101rnMUle7 MI N Ml BOJ OMNI iparo lwe =ii.I.3 ealUe.lwk.ae aeNrl•4liw'7l pap MIllw Lauf 4w Cala mull= Q.RW RemaillllMlall mew wimp OCC dawY NM,ear. sOrf.lime 1•iiIYMawn lop alaetW law Ye wY Lem IoYIMe MI IMI Reeatl ntry iv.MIMl ,chafe YllilNI.owed lewale ae.eea.«e see CJ cast 01la.►.1.PClaYeeew calm aaMr =V:, Cww elle lUM!'l lmea—lU+aleeer Q ca-1• wlM,ee ka wino ®'e+mPl NMArer rw•e4l1.4Ma llerteraae 20e1 O[PF:Caw..p wMMee Mr 1.4el.wew ,Rmlgae a✓•.wlm MI ca,::a..war.re..n mew* C3 oat,saws row I=1 Masa coeee a.was=dolma*Woeeier PLC*I IC fMICT l L01wc t=le�wullo/ 28 Page 421 of 849 Existing/Future Land Use Designation: MXE Mixed Use Entertainment District Jurisdiction: City of Miami Beach 7''`v1n� rJJ = • 1-j` ==_or__c J;x Atlantic / ��" = _r:_ Ocean '''47,.......-_:...,\% s'1'.7.-r 7i,-,r-r MAMI BEACH PI ANMIG rwPAn1 IIT .....--- ;rM aGC..FtL-LK21'4w•~ Pa,/ ;... # 1//f,, Ls eunse LA11011 S1 CA1AGPRCS J 1St_.o.her r..ssr I.o-ze..1 me•snub. pti9SM.r`.f....error..sows 1.$Is , 1 rc re.bee.limb= =.v.'...e..r.r.r*rw....r M11.7.1.Power.sof MP re.. .11c+6i1,....-....+....,.,.....-....Ire MI....r,...e.Wit...r .J w:Lara Mew*rasa Now O'1 Me Mttsr. -OW.Csrry aurat rrubs prof 1 r =1.rain MI w s.,+........`.r....+. =0. Mar, .... ... MN RL,, .. .=.M1.M..rwr �7Y#I.Dlrrrq OM/..rirar sauar Mwsso...rf•a.nas subs mom MUM War MIX,Wm:fr.l ha Corr., -.n w...r M..P.M......+....rw...l....s....Ors.I r....r>... ... s .. ,,,J:.1 urns....was Mg.s sumo.,p.n.s.IMISSIff11 sr.rw; EMI.rrrNrsrar.rrrrrr =1it .u.v.r Nosse.._sr.r M CM d.rri.. .rati. 111111.1.2.r.wsd..r..w ubr.i�i..e..* O�w.wr.s...+.. St-3......e.r a..a....w,an.r.s.1.41+w..m1.*0 �.-n._Isr.....ftel...* !.n1•...AI..r.�.ur.lr.r.r./Ms!,I1...s w4,�.r..+. J s...wr:las Z i:.1...0..1.Susi Grm.I1,4.Yl.Orb 29 Page 422 of 849 250 : ASSESSED VALUE, TAXES AND SPECIAL ASSESSMENTS The subject is assessed by the Miami-Dade County Property Appraiser' s Office and assessments are established each year as of January 1St each year at 100% of the "Just Value" . The County establishes mileage rates which are used to compute the taxes due. Mileage rates (tax rate) are the amount paid to each taxing body for every $1, 000 of assessed value. Taxes are collected yearly and payable with a 1 to 4% discount if paid between November and March 31 and are considered delinquent April 1St. Taxing Authority: Miami-Dade County Owners: City of Miami Beach The subject property is currently utilized as an alley right of way With ownership in the City of Miami . The development of the sky bridge may result in a taxation of that area by the property appraiser office . 260: HISTORY OF PROPERTY The subject proposed aerial easement consists of 120 square feet of land area. We were not provided a title report and the county records did not reflect when the ownership was placed with the City of Miami Beach. Owner Name and Address City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Adjoining Property Owner to the West Essex House Collins, LLC 755 Rue Berri Suite 200 Montreal, H27 3E5, QC, Canada Adjoining Property Owner to the East Clevelander Holdings, LP 755 Rue Berri Suite 200 Montreal, H27 3E5, QC, Canada 30 Page 423 of 849 270 : EXPOSURE TIME Exposure Time may be defined as follows : The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market. Source: The Dictionary of Real Estate Appraisal, 5th Edition, Appraisal Institute. Based on the type of property, it is my opinion that the subject market is active with a normal or typical exposure time for this type of property. Basically, the subject property consists of a 120 square foot site which is part of the Ocean Court Alley right of way. Typically, in the market, there is a limited market for this type of property, and we considered the exposure time and marketing period for the adjoining properties in this assignment . I have spoken with a few local real estate brokers and considering the Miami Beach market, we have estimated an exposure time of between 6 and 9 months. 280: PUBLIC AND PRIVATE RESTRICTIONS I have not been provided a title report and am not aware of any unusual public or private restrictions that would adversely affect or limit the use of the property with the exception of the potential aerial easement. Typical restrictions affecting the subject property include utility easements, zoning and land use and are not considered to adversely affect the subject property. 31 Page 424 of 849 ANALYSIS OF DATA AND CONCLUSIONS 300 : HIGHEST AND BEST USE ANALYSES The highest and best use of subject Parcel is for an Aerial Easement over the Ocean Court alley right of way owned by the City of Miami Beach, Florida. DEFINITION OF HIGHEST AND BEST USE Highest and Best Use may be defined as follows : The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Source: The Dictionary of Real Estate Appraisal, 5th Edition, Appraisal Institute, 2010,page 93. Implied within this definition is recognition of the contribution of that specific use to community environment or to community development goals in addition to wealth maximization of individual owners . Also implied is that the determination of the highest and best use results from the appraiser' s judgment and analytical skill, i .e . , that the use determined from the analysis represents an opinion, not a fact to be found. In appraisal practice, the concept of highest and best use represents the premise upon which value is based. In the context of probable selling price (Market Value) , another appropriate term to reflect highest and best use would be "most probable use" . In the context of investment value, an alternative term would be "most profitable use" . In consideration of the highest and best use, I have valued the subject parcels as vacant land as part of the adjoining properties with the MXE zoning and land use. 32 Page 425 of 849 Highest and Best Use "As Vacant" Physically Possible Uses The overall size and dimensions of the adjoining properties are suitable for development with a variety of residential, industrial or commercial uses . The subject topography is on grade with the surrounding roadway. In summary, the subject' s size, shape and dimensions are suitable for most developments . Legally Permissible Uses The subject property is zoned with an MXE Mixed Use Entertainment District zoning and land use and this zoning allows for numerous commercial and residential type mixed use developments . Any legally permitted use would be considered as a highest and best use for this site. After reviewing the physically possible and legally permissible uses, an appropriate use for the subject is for assemblage and/or mixed- use development considering its zoning and land use . Financially Feasible Uses The subject is located in an area with the majority of lands being acquired by investors for redevelopment or renovation of the existing improvement . The subject' s location is considered prime for redevelopment as the South Beach area is a world-famous resort location. There is a very limited supply of vacant land in the South Beach area. After considering the physically possible, legally permissible uses and the financially feasible, the highest and best use of the subject is estimated to be for assemblage and/or mixed-use development considering its zoning and land use . Maximally Productive Use The maximally productive use is the use which is financially feasible and produces the highest rate of return to the land. The maximally productive use of the site, given the physical and legal constraints and financial criteria, is for assemblage and/or mixed- use development considering its zoning and land use . 33 Page 426 of 849 302 : HIGHEST AND BEST USE CONCLUSION Land as Vacant In conclusion, based on the four criteria for the estimation of the highest and best use, it is my opinion that the subject property would have a highest and best use for assemblage and/or mixed-use development considering its zoning and land use with the highest and best use of the alleyway for the granting of a permanent aerial easement . As Improved The subject parcel consists of the air rights above the alleyway and I have not considered any site improvements as part of this appraisal . Therefore, the highest and best use is as vacant land as noted above. 34 Page 427 of 849 305 : APPROACHES TO VALUE USED AND EXCLUDED In order to arrive at the market value for the property, special attention must be given to the typical purchaser who might have an interest in a particular property. Market Value is the most probable sales price, which a property will bring, and this price depends upon the typical purchaser' s reaction to the various supply and demand factors that affect the market value. The Appraisal Process is basically an economic analysis consisting of a review of the factors that affect market value. There are three approaches to value to be considered in any appraisal, The Cost, Income and Market Approaches . The following is a brief discussion of each approach and its application. The Cost Approach is based upon the premise that a prudent buyer will pay no more for a property than it would cost to reproduce a substitute property with the same utility. The value of the property is developed by estimating the replacement cost or reproduction cost new of the subject and deducting depreciation then adding this depreciated reproduction cost of the improvements to the site value . The Cost Approach is generally less reliable than other methodologies when (1) land value is difficult to measure due to the lack of comparable market data and/or (2) the age of the buildings is such that depreciation becomes too subjective and difficult to measure. The subject parcel is considered vacant land and therefore I have not developed the Cost Approach to Value as typical buyers of these type properties are not weighing the costs and risks associated with development in their purchase decision for this type of property. The Income Approach to Value is predicated upon a definite relationship between the amount of income a property will earn and its value. Although all of the appraisal principles are involved in this approach, the principle of anticipation is particularly applicable. The Income Approach is an appraisal technique in which the anticipated annual net income of the subject processed in order to arrive at an indication of value. This process is called capitalization and it involves multiplying the annual net income by a factor or dividing it by a rate that weighs such considerations as risk, time, return on investment and return of investment . The accuracy of this rate or factor is critical and there are a number of techniques by which it may be developed. The net income attributable to the subject property is estimated by subtracting vacancy, collection losses and expenses from the property' s annual potential gross income. All of these figures are derived from the market comparison of property similar to the subject . 35 Page 428 of 849 305 : APPROACHES TO VALUE USED AND EXCLUDED (CONTINUED) The reliability of the Income Approach is based upon a number of considerations . These considerations include the reliability of the estimate of income and expenses, the duration of the net annual income, the capitalization rate of factor used, and the method of capitalization used. The weakness of this approach lies in the estimation of income and expenses and the fact that not all properties are suitable for this approach. The strength of this approach is that it reflects typical investor considerations as they analyze income-producing properties . The Income Approach was not considered applicable in this assignment due to a lack of rental data for sites similar to the subject . The Sales Comparison Approach relies heavily upon the principle of substitution. A comparative analysis between the subject and similar properties that have sold can often provide an indication of market behavior and response to the subject . The sales are compared to the subject and adjustments for differences in location, time, terms of sale, or physical characteristics can be made using the subject as the standard of comparison. Most types of properties, which are bought and sold, can be analyzed using "common denominators" such as sale price per unit of size . The reliability of the Sales Comparison Approach depends to a large extent upon the degree of comparability between the sales and the subject . The major strengths of this approach include the reflection of actual market transactions and the fact that the normal "common denominators" tend to be fairly easily determined. The potential weaknesses of this approach arise from the fact that the data is historical and "ideal" comparables are usually very difficult to obtain. The Sales Comparison Approach to Value was considered as the most applicable method of valuation for this parcel . I will submit sales of similar sites located within the City of Miami Beach with similar utility for development considered more similar to the subject for a land valuation as well as similar aerial easement transactions . I have included sales data sheets in the Addenda. On the following pages, I will submit a summary of comparables, sales map, analysis and value conclusion for the fee simple value followed by the permanent easement valuation. I have considered and relied upon the Sales Comparison Approach in the estimation of the market value for this parcel and utilized the unit sale price per square foot of land area. The Cost Approach and Income Approaches were not considered applicable or developed in this assignment . 36 Page 429 of 849 310 : LAND VALUATION The sales comparison approach to appraising is based upon the premise that the market value of the subject property can be estimated by analyzing sales of similar properties . The principle of substitution is basic in this approach as it implies that a prudent person will not pay more for a property than would be required for an acceptable alternative available in the market . In applying the sales comparison approach, the following methodology is used: 1 . Research the market to obtain information on sales transactions, listings, and offerings to purchase properties similar to the subject property. 2 . Verify the information by confirming that the data obtained are factually accurate and the transactions reflect arm' s length market considerations . 3 . Utilizing a unit sale price that allows us the opportunity to compare the subject parcel to the sales data and arrive at a market value conclusion for the land at its highest and best use . I have reviewed land and improved sales in the City of Miami Beach over the past 6 years (Sales 1-10) and considered the two sales of the assemblage of the Essex House and Clevelander Hotel . All of the sales are generally located in the surrounding neighborhood. I have considered numerous easement transactions for similar aerial easement use or subsurface use (Sales 13-21) as part of the analysis and these include three aerial easements sold by the City of Miami Beach. The review and analysis of the sales are included on the following pages . A summary chart and map of the sales follows . The individual data sheets are located in the Addenda of this report . The price per square foot of land area is analyzed, as it is the unit of comparison typically used by buyers and sellers in the market . 37 Page 430 of 849 SALE DATE OF LOT SALE PRICE LOCATION PRICE/S.F. ZONING NO. SALE SIZE 304 - 312 1 12/18/2018 $10,000,000 Ocean Dr. 11,650 $858.37 RPS-3 2 8/1/2013 $6,300,000 304-31D2rOcean 11,650 $540.77 RPS-3 3 9/29/2017 $17,500,000 1120Avellins 14,000 $1,250.00 MXE 4 1/4/2018 $6,500,000 673 Collins Ave 14,000 $464.29 MXE 5 7/26/2018 $7,500,000 721 Collins Ave 7,000 $1,071.43 MXE 6 10/17/2017 $5,750,000 832 Collins Ave 7,000 $821.43 MXE 7 4/11/2018 $6,800,000 321 Collins Ave 6,500 $1,046.15 RPS-3 8 5/1/2018 $30,750,000 42 Collins Ave 32,500 $946.15 CPS-1 9 10/15/2015 $38,000,000 6747 -6757 41,624 $912.93 RM-3 Collins Ave 10 3/1/2015 $8,250,000 251 WAve ngton 13,000 $634.62 RPS-3 Subject 10/4/2018 $7,900,000 1001 Avellins 20,860 $378.72 MXE Subject 10/4/2018 $20,600,000 1020 Ocean Dr. 19,500 $1,056.41 MXE 104/2018 $28,300,000 ASSEMBLED 40,360 $701.19 MXE 38 Page 431 of 849 COMPARABLE SALES MAP-LAND SALES , l a la mode, inc: Illei r MA r Atla -tr i... - 9-r1g4113 COMPARABLE NO,9 n Bay 6747• 6757 Collins Ave COMPARABLI No,3 _,q, ,I,,,, Miami Reach, El. 33141 1120 Collins Ave 4.95 miles h ,d Miami Beach, FL 33139 0 II rriltes*l SUBJECT 1001 Coffins Ave Miami Beach,FL 33139 FiaysnOrc NE COMPARABLE No.6 1.07 . 932 Collins Ave o Miami Beach,FL 33139 COMPARABLE No. 0.I4 miles SW 673 Collins Ave Buena L:r. Miami beach,Ii.3313':; _ , Ili: 0.28 miles S COMPARABLE No.5 - 721 Collins Ave ; • Miami Beach,FL 33134 0.24 miles 5 lar Beacn COMPARABLE No. 7 Wilt . isL,Nal 321 Collins Ave COMPARABLE No.10 ---- Miami Beach,Fl.33139 251 WashInglon Ave dtt,_,:_,,, , P 0 0.57 miles S Miami Beach,FL 33139 "'mond ,,is .rt 0.67 miles SW s.: Jnc5ie J 1,1 t 7 ?.,K�n9 rye. t,.,• COMPARABLE No. 7 bwnr' COMPi RABLE No_B I — 304 317 Ocean l?r 42 Coigns Ave Miami Beach,FL 33139 Miami Beach, FL 33139 0.59 miles S sulci 0-80 miles S• „r e, COMPARABLE No. 1 304-312 Ocean Dr Miami Beach, FL 33139 0.59 miles S • kr., Baciine irasdm. ran- 1 mla 'Ion bl .•- r...-1.k'4:Wiz Key$isceyne - :Ja=.C2?19 hfx-.saR�tV n i a 39 Page 432 of 849 310 LAND VALUATION ADJUSTMENTS PROCESS In forming an opinion of market value for this parcel, consideration was given for potential adjustments for conditions of sale, market conditions, location, size/ physical characteristics and zoning. A review of the sales did indicate a range of values for the subject parcel and a conclusion was derived from the review and analysis . The following is a synopsis of the sales data considered in my analysis . This is the review and analysis of Sale 1 to 10 and the assemblage of the Essex House and Cleveland Hotel . DISCUSSION OF ADJUSTMENTS Financing All of the sale properties were for all cash or were financed at market rates for a normal period of time. Conditions of Sale All of the comparable sales were considered arm' s-length transactions, and therefore, no adjustments are necessary for conditions of sale . Market Conditions Overall, the market for properties in the City of Miami Beach has been very strong over the past several years . The South Beach area is an International Resort location and attracts investors from all over the world. Sales 1 and 2 on the table are the same property with a sale in 2013 and 2018 . This sale shows an increase in market value at a rate of . 98 or 1% per month. This will be considered in our overall review and especially in the review of the older sales data. There is a lack of vacant land and thus we have considered improved sales and considered the contributory value of the improvements . Seven of the sales occurred within 21 months of the date of value, with three sales in the 2013 to 2015-time frame . Sales 1 and 2 were used to reflect the increase in values with Sales 9 and 10 vacant land sales that occurred in 2015 . The date of value on this assignment is July 23 , 2019 . 40 Page 433 of 849 310 : LAND VALUATION (Continued) Location The subject parcel as part of an assemblage would have frontage on Collins Avenue and Ocean Drive and this will be considered in our overall analysis . All of the sales are located within close proximity to the subject, with the exception of Sale 9 located about 5 miles to the north outside of the South Beach boundaries . Several of the sales have a view of the Ocean, with the majority located on interior Collins Avenue or Washington Avenue locations . Size The subject parcel contains a total of 120 square feet of area with the two adjoining parcels containing a combined land area of 40, 360 square feet of land area. Sales 8 and 9 were most similar in size to the combined land area and these two sales sold for $946 . 15 and $915 . 93 per square foot of land area, although with different zonings . The remaining sales were in the 6, 500 to 14 , 464 square foot range and the unit sale prices varied from a low of $464 to a high of $1, 250 per square foot of land area. Typically, the smaller sites will sell for more due to the economics of a smaller site size . Although no definitive market data was reviewed to arrive at a market-based adjustment, I did consider the land size in my overall analysis and review. Access The subject parcels have access to Collins Avenue and Ocean Drive and the majority of the sales are located on Collins Avenue with Sales 1, 2 and 9 having Ocean views . Sale 10 located on Washington Avenue was considered similar to the Collins Avenue locations . The overall access was considered as part of the locational aspect of each sale . Zoning The subject parcels have an MXE zoning classification as do Sales 3 to 6 and these sales indicated a range in market values from a low of $464 to a high of $1, 250 per square foot of land area. The sales with other zonings indicated a slightly lower range in values with the highest sale at $1, 071 per square foot of land area. The MXE zoning allows for numerous mixed-use developments and was considered superior overall to the other zoning classifications . The zoning and locational attributes are very similar in Miami Beach. No adjustment was made for zoning although the MXE zoning was considered superior. 41 Page 434 of 849 390 : CONCLUSION OF LAND VALUATION I have considered Sales 1 through 10 and the adjoining assemblage of the two hotel properties . Some of the sales included improvements and that was considered in our analysis . There were two sales with Ocean views and none on Ocean Drive like the Clevelander Hotel . Considering all of the data, it was our opinion that a market value at the upper end of the sales reviewed was most applicable . The superior location of the subject property in the heart of South Beach on Ocean Drive makes this a superior location and overall superior site . As a result, we have estimated the market value of the 120 square foot alleyway as part of an assemblage of the adjoining properties at a market value of $1, 250 per square foot of land area. Therefore, I concluded that my opinion of the market value of fee simple interest of the subject easement parcel (land only) as of July 23 , 2019 is as follows : FEE VALUE ALLEYWAY EASEMENT PARCEL 120 SQUARE FEET X $1,250/SQUARE FOOT= $150, 000 42 Page 435 of 849 392 : PERMANENT EASEMENT ANALYSIS The subject parcel consists of an aerial easement that will connect the two properties to the north and south via an aerial sky bridge . In order to form an opinion of value for the aerial easement I estimated the fee value and then reviewed sales of permanent aerial easements in order to estimate a percentage of the fee value for the aerial easement . The nine detailed sale sheets are located in the addenda (Sales 13-21) . Please see the sales grid on the following pages for a summary of the sales data. 43 Page 436 of 849 COMPARABLE SALES MAP-EASEMENT PARCELS Nort*Ldude is h. a la mode. inc. - = + Q Pornpar,o Pa=l ffiLauder dal e-oy-th'e•Sea 0 surtme Lauderdale Lakes I 13aka,NJ Park k R Wlhar l q,xierhlll t *Almon Plantatian FO+t L 1VrtCrdatt ',15;,--., , s+st' ..-fit t flavor .ilk". t Cooper City , re ` tams MENEG.T AGP" sf Easement No. 16 1 .114 , N FFL Right of Way s- ' Pembroke Pines Rioity and -- . Ft Lauderdale,FL 33315 F., .4' -.. +{� i t_F.a 20.9Q miles k ,)4 �f�t1�e�� kHallandale Bearw I 1 Miramar , ,,u .-,A. Ave-Mimi 1 Wn,iarop I 1 1 Country Cluo 0Ojos to=oi C Ty 10 r Serr,y isles t,., I £ 4 Easement No.19 )...= L16980 tt Rd He-xs=_.._ �� Morth kLam� �Yireltit Mtsml 8�lach,FL 33139 Islartss 1,01 mites NW '" No.-rt.Fa} Eosentent No. 14 nt`iage 2 SE 7th St Hialza.r Miami,FL 33131 70l l 3.97 miles W "d am Easement No.20 -- • a,,,i 1220 Ocean Dr '.y Miami Beach.FL 33139 t F„i,nr,�n' yii Ucsy. 0.18 mass N .17 'r,it h.'rr,] rrr � F a-A mtend No. 13 _y 701 5 Miami Ave Cola:T.,:, _r. Miami,FL 33130 SUBJECT 3.07 miles W t,., tool collens Ave '.rr,tla Miami Beach, FL 33139 The G ussings Easement No. 18 \ Ke ri l 12/00 SW 86th St Miami, FL33186 18.1?milile=s.SW imcul- . HAEasement No.15 t`',R" Easement No.1 r `EQ 5th St&Alton Rd Miami Beads,Ft 33139 12522 SW 120th St 0,71 miles S.A. Miami, FL 33186 \-.. 4 18.70 miles SW 44 Page 437 of 849 THE SALES ADJUSTMENT GRID (13-15) COMPARABLE SALE NO. 13 l SALE NO. 14 SALE NO. 15 J SUBJECT SALE Date of Sale 6/29/2012 8/23/2012 10/12/2009 Grantor Miami-Dade County FDOT FDOT Grantee Brickell Citicentre Brickell Citicentre, AR&J SOBE, LLC 1 Retail, LLC LLC Location Located under S. Located over SE Northeast corner Alleyway between Miami Avenue 7th Street of 5th Street and Essex House and approximately 75 approximately 75,Alton Road, Miami Clevelander Hotel feet south of SE 7th feet east of S. Beach St., Miami Miami Avenue, Miami Unadjusted Sales $802,262 $255,000 $92,600 Price Unadjusted ADJ $45.03/SF ADJ $60.00/SF ADJ $80.03/SF Price/Square Foot aerial easement aerial easement aerial easement (SF) area (30% of fee area(40% of fee area (50% of fee land value of$150) land value of land value of $150) $160) Land Size (SF) 17,817 SF 4,250 SF 1,157 SF 120 SF Configuration Irregular Rectangular Irregular Rectangular Zoning T6-48B-O, Urban I T6-48B-O, Urban CPS-2, Comm. + ROW Core Zone, Miami Core Zone, Miami Performance 21 zoning 21 Zoning Standard- General Mixed-Use Future Land Use Restricted Restricted CPS-2, ROW Commercial in Commercial in Commercial UCBD and within UCBD and within Performance Brickell Residential Brickell Standard- General Density Increase f Residential Mixed-Use Area (500 un/ac) Increase Area (500 un/act Current Use Easement for Easement for Easement for solid Aerial Permanent vehicular pedestrian canopy and Easement for Sky passageway under overpass decorative balcony' Bridge S. Miami Ave. structure over SE components connecting two 7th Street and protruding on right underground elevated trellis of way for 5th parking structures connecting two Street and Alton of two multi-story multi-story Road buildings buildings 45 Page 438 of 849 THE SALES ADJUSTMENT GRID (16-18) COMPARABLE SALE NO. 16 SALE NO. 17 ! SALE NO. 18 SUBJECT SALE Date of Sale 7/31/2013 2/5/2008 1/15/2006 Grantor Florida East Coast Florida Power& Florida Power& Railway, LLC, etal Light Light Grantee Broward County South Kendall Miami-Dade Investors, LLC County Location N of Griffin Road on Southeast corner of East side of SW Alleyway between east r/w line of Fort SW 12th Avenue and 127th Street Essex House and Lauderdale Airport SW 120th Street between SW Clevelander Hotel &west r/w line of Miami 88th Street and FEC railroad, SW 120th Street, Broward County _ Miami Unadjusted Sales $1,500,000 $145,000 $1,015,500 Price Unadjusted ADJ $13.76/SF ADJ $1.07/SF aerial ADJ $5.14/SF Price/Square Foot aerial easement easement area aerial easement (SF) area (52% of fee (11.1% of fee land area (21% of fee land value of value of$9.62) land value of $26.50) $25) Land Size(SF) 109,046 ADJ SF 3.106 Acres 197,622 SF 120 SF Configuration Irregular Rectangular Irregular Rectangular Zoning ROW Commercial ROW ROW Future Land Use Transportation Commercial ROW ROW Current Use Easement for Easement for Easement for Aerial Permanent landing strip vehicular vehicular Easement for Sky extension over a passageway and passageway to Bridge railroad corridor parking for shopping adjoining center residential properties. 46 Page 439 of 849 THE SALES ADJUSTMENT GRID (19-21) COMPARABLE SALE NO. 19 SALE NO. 20 1 SALE NO. 21 SUBJECT .I SALE ' Date of Sale 10/18/2017 3/23/2015 11/3/2016 Grantor City of Miami Beach City of Miami Beach City of Miami Beach Grantee 1698 Alton Road CG Tides, LLC. et al Betsy Ross Owner, Ventures, LLC LLC Location 1698 Alton Road, 1220 Ocean Drive, 1440 Ocean Drive. Miami Beach Miami Beach Miami Beach Unadjusted Sales $665,000 $250,000 $245,000 Price Unadjusted ADJ $332.50/SF ADJ $1,376.12/SF ADJ $441.44/SF Southeast Price/Square Foot aerial easement aerial easement aerial easement corner of SW (SF) area (83.13% of fee area (137.61% of fee area (42.0% of fee 12th Avenue land value of$400. land value of$1,000 land value of$1,050 and SW 120th per sf) per sf) per sf) Street, Miami Land Size (SF) 2,000 sf 181.67 sf 555 sf 120 sf Configuration Rectangular Rectangular Irregular Irregular Zoning ROW ROW ROW ROW Future Land Use ROW ROW ROW ROW Current Use Aerial Permanent Aerial Permanent Aerial Permanent Aerial Easement for Sky Easement for Sky Easement for Sky Permanent Bridge Bridge Bridge Easement for Sky Bridge 47 Page 440 of 849 392 : VALUATION OF THE PERMANENT EASEMENT The value of the easement parcel is generally a percentage of the fee value. The sales reviewed on the previous pages range in unit sale prices from a low of $1 . 07 to a high of $1, 376 . 12 per square foot, however, the unit sale price per square foot is not generally considered in this type of valuation. However, Sales 19, 20 and 21 are similar aerial easements in the City of Miami Beach that have sold in the past five years . These easements range from a low of $332 . 50 for a 2, 000 square foot easement to $1, 376 . 12 for a 181 . 67 square foot easement . Of these three easements, Sale 20 is most similar with regard to location and overall size. The sales sold in the range of 11 . 1% to 137 . 61% of the fee value with the majority of these easements in the 30 to 50% range . However, the purchases of the easements from the City of Miami Beach were in the range of 42% to 137% of the fee value. Purchases by FDOT, FPL and most governmental bodies is based on a 90% of fee value . The City still maintains some use of the alleyway, although the easement would hamper any future veritical development of the alleyway and thus a value less than 100% was deemed applicable. Based on the review of the sales and historical purchases of this type of easement, it is our opinion that a land value equal to 90% of the fee value would be applicable. Therefore, the following is our estimate of the market value of the perpetual aerial easement as described in this report as of July 23, 2019 . 120 Square Feet x $1,250 per SF x 90% _ $135,000 The value conclusion indicates a market value of $1, 125 per square foot of land area. This falls in the range of the easement sales by the City and although below Sale 20, it was our opinion that this valuation is applicable. Therefore, the total value of the permanent aerial easement parcel is $135, 000 . 48 Page 441 of 849 ADDENDA Page 442 of 849 AREA MAP A•rwnmu �� 67- -,CSYV 3 t FY tl ( Alldi ...,� ° ��M iB• w UBJECT' f. r1 C"r'a�i�*7�1lL�IE .lima' _ ' 'Pr guertni mounglital rt=lrF4V-- "'. ' ' ■ atoll ;--?-111- YKaYrrY Ap } L. ; Pi aux ra rnr 4owIAL arr.TM _3.o.fi Iwfk�somas Dolph aM .msGeneral Highway o , :.. s Map of ..sr .�.. �. raa ,4 i E4}sae MIAMI-DADE s 4; 4y o� 1, - [ COUNTY r A F �� + F FLORIDA C ,7 f F r4F Or { AlT4F. Gi gra l FORT utoram LE o Y +'fit OGLPH MAP ea,PAZ 'Indlii_. . . iiiiirl.......- Ilk1�417t-]649 WWW.DCAPMMAP COM ATiO'AL ,.3 1An4L�: �grf E ...r 11111 'SRT ]Lir C.�,rA� :Jo.,•MY. .'nwrarR 'F4a'/ 7 iLib I _..Rwmm ,i'_'r� tj I 1 hrnt.rr Page 443 of 849 WEST LITTLE MULMI SHORES; II ------'\Isiormassi li MONEY \ HIALEAH ,iel \, 10C))'11 , UTTLE MU I 1714,11; II_i Pah ,1 . --i— , 4., 1 NH )1/ \,t BROWNSVILLE woman z2' : LIPPEE EAST VILLAGE MIAMI SMIINGS \ _ A.rrTLE min /-- sal ) ,,, BUENA 1 °Iraq °OAL ,•',,6411T li (MID jj MUM 1 f BEACH v _. oflisiail / j 1 1,111MST \-, N _. DSTRKT).-K ' -- -- ..- -LW itnu:5 NY 61 MIDTOWN r---- - i p 0 o mama ALLAPAT TAR 3 / w ; r; Lars z • ri / AIRT RPOi i g VIST MIA i WEILAND , i 0 CIVK 1 1 . 1,1 glIFIMI 1.16•13 WEEni \ii v NEWTS CENTER ..- E ___. ; ; I Le' l'-• , i SOUTH 1 BLUE LAGOON win- pirgo 74-- &iv\ I ' • wird- ) BFACI4 ( __-----' _1 I'OUNTANIBLEAU i .....------- WEST MGM µ111411frri-_J ,I IF LAWNY Mit . I..1, . UM/ -looktwrorso,i4 \ •,;Z:-'4,-,;,„, 'j — . .. HAVAAHt -; t •,. I • • t (7 7 -.-, -..._ I WEST ',lomat MAO ' THE ' h it 51 COM GAT k 1:MUMMY:AM WESTCHESTER CORAL ROADS .., TIRRACECORALY II\\\*s\..-•UUIDF51"1--.1.">' MIRACLE / 1 WA . 9,4,4 MILE 2.1 ! VER P1.01-1 A \ -. ;.. CORAL -- -.. .. \\r''\ ROINIA i ...- WCILAM .:. Gnus •, \> KEY i .....--- ... ,c ...-- COCCMT GROVE OLYMPIA ri 7,•;:c::: ' HEIOWS /WEST ..,' GROVE J , • '1„/ \----- ..' • ...„ ••.j. .... ., ,. • , . , . , . . CITY OF MIAMI SURAT . A..;:d SOVM NEIGHBORHOODS t O.OF-LIJ M mom Page 444 of 849 COMPARABLE MAP - SALES 1 - 10 a la mode, Iic 145 n t" 4COMPARABLE N4.9 n Sime • 6747- 6757 Collins Ave ecrf4PARA8LE No. 3 „lr. Miami Beach, Ft 33141 1 120 C;III, , 4,95 miles N na Miami Bea;h, FL 33139 ' 0.11 fml&S N SUBJECT _ 1001 Collins Ave Miami Beach..FL 33139 Beysnore NE'AM ,, COMPARABLE No.611-0 2, r 832 Collins Ave S' Miami Beach,FL 33139 i� v. COMPARABLE No.4 0.14 miles SW :gin d 673 Col Ave 4ks .. Miami Beach,FL 33139 . 0.28miles S COMPARAkU I No, 'r 721 Collins Ave Miami Rrarh,Ft.33139 , .., c. 4 miles S ie, Eeacr` COMPARABLE No, 7 Vene ISL.-NIS 90 321 Collins Ave COMPARABLE No. 10 Komi Beat ,FL 33139 251 Washington Ave b.5' miles S Miami Beach,FL 3313'4 ;1•�4 .,; 0.67 miles,W :. 'fyii:i rc Oud,rge n;-n. rssr.. COMPARABIt.No. 1 se COMPARABLE NO B 304 312 Ocean Dr 42 Canes Ave Miami Beath,FL 33139 Miami Beach,FL 33139 0.59 miles S sax {1.811 MOOS S rF:hn - -. - <ara COMPARABLE No. 1 304-312 amen Dr Miami Beath,FL 33139 0.59 miles S :er Key Biscayne Crarsdan 'aro `gyp 1 PO= ,' Tit 11,..Ai+r,S4sig - 1(ry6.uay' Sc:,t r E =-- ;hsu:u?:c.rss:a- c•; Page 445 of 849 LAND SALES DATA SHEETS Page 446 of 849 COMPARABLE VACANT LAND SALE NUMBER 1 r 11.E , (TJ .. 1 P rtiriii i it / k iti 4 e i t i s i ,. e :,IfI r f � 1. r 02-4203-003-0500 1 ) z �' + �t /? I,, j �-_ �i (k .�,4/ I f • 4,1 - l : r i 4 __ 44/41, i , .i' /It 1 ' , 1, 02-4203-003-0500 ^ i IP ,;- 7 t 4^ , } r % 104. f A ,,. 41444$ W i'' " rte i! • , ''t x -a ,--_4111 RECORDED: Miami-Dade County (Assemblage) OR BOOK 31262 PAGE 4607 GRANTOR: Sea Spray Development, LLC GRANTEE: 312 Ocean Park, LLC DATE OF SALE: 12/20/2018 DATE INSPECTED: August 1, 2019 SITE SIZE/DIMENSIONS: 11, 650 Square Feet Irregular- see sketch TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $10 , 000, 000 UNIT SALE PRICE PER SQUARE FOOT: $858 . 37 per square foot of land area (assembled) TYPE OF INSTRUMENT: Warranty Deeds FOLIO NO: 02-4203-003-0500 02-4203-003-0510 Page 447 of 849 COMPARABLE VACANT LAND SALE NUMBER 1 (Continued) LOCATION: NWQ of Ocean Drive and 3rd Street Miami Beach, Florida. Address know and 304 - 312 Ocean Drive Miami Beach, Florida 33139 . LEGAL DESCRIPTION: Parcel 1 : Lot 7, Less the easterly 12 feet thereof, block 4 , of Ocean Beach, FLA. , according to the Plat thereof, as recorded in Plat Book 2 , Page (s) 38, of the public Records of Miami-Dade County, Florida. Parcel 2 : Lot 8 , Less the southeasterly 15 feet thereof, Block 4 , of Ocean Beach, FLA. , according to the Plat thereof, as recorded in Plat Book 2 , page (s) 38, of the records of Miami-Dade County, Florida. ZONING: RPS-3 , Residential performance standard, medium-high density, City of Miami Beach, Florida LAND USE: Residential, medium-high density. PRESENT USE: Vacant land with access to 3rd Street and Ocean Drive, Miami Beach, Florida HIGHEST AND BEST USE: Residential, medium to high density development CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . Page 448 of 849 COMPARABLE VACANT LAND SALE NUMBER 1 (Continued) TYPE OF IMPROVEMENTS : None - Vacant Lot UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Grantors apparently motivated by profitable sale of property. The grantee p'irchased the property for investment and potential future development . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS : Vacant land wit view of Ocean. Sold previously, see Sale 2 . PHOTOGRAPH OF LAND SALE 1 /11. ammo , roc 4446, TAKEN BY ROBERT MILLER ON July 23 , 2019 Page 449 of 849 RIM WHOM l 111111111111111 11111 11111111 CFM 201 8R0768056 OR OR 31 2412 Pea 4407-4410 tia� SECOND t2F2012018 13:•11:1 r4(D 00C TU I60.Xi.00 Prepared by teed*boarxay, W rdad rears err OAOURMAJf R4St rG.00 ROAM atNIliMrCLERK a COW i tlrmdd Mrasat,Rva rtXMt-OAOF r13A4Trr FLORIDA Shuns k Baleen!1P DIN S Bi ane 6kd_41'Fk,er Alias+i it 3 313 t 11/11111011.111U Ik?.4203-043-4 l sat to Lar 7) a2-4.2a3-003-es 10(u to Lot It SPECIAL WARRANTY DELL) THIS SPECIAL WARRANTY DUD.made this tD_day 4f Q4catlbdq 2018..by SEA SPRAY DE.VF(,OPMF CT,LL.C.a Florida limited liability company.whose past oft address is 1126 S.Federal Highway.NSOO,Fat Lauderdale, Florida 33316(-Grantor").to 312 OCEAN PARK. LLC. a f ktrida limited liability rwnpany. whcise pont office address it cco MRL14W, LU..1450 Brickell Avenue.Suitt 2770.Miami.,Florida 33131("Grarttee'). WITNEssETH1 That Grantor.ice and in cotesadetrtiun of the stun of Text Dalian 010-00)and other good and valuable consideration to it in hued paid by Grentee.the receipt and sufficiency cif wlrt3 ate hereby acknawledgcd, has granted, bargained. conveyed, and sold, and dry hereby greed, bargain,convey,and tell unto Grantee aril Grantee's auctrescxn and assigns,ail that cassia land lying.situated and biting in Miami-fade County,Florida,mote particularly described on LAM . =ached hereto and by this referen a incorporated herein (the Tarp!"'t. and all rights, privileges,tenements.heredttarnerita,easements and appurtenances belonging to the Land; TOGETHER WITH all of Grantor's right. title and lowest in and to all bruitdings. antrum and other improvements,if any,located on the(.and and any and all fixtures attached to et kiwi within such buiki nja;,atrvctures and other improvements.if any. TOGETHER WITH all natant+, haediwrnents. eatementa and oho tapptutcrarxea belonging or in any way appertaining thertial; All of the poverty and pet peily rights diecrited Alive shall be referred to herein in the '('ttipeetll'. Co have and to hold the Property.and all the wsre_right,title. towing.lien.and equity whatanever of Grantor with nnpCsx to same, either in law or tet equity. to the proper use and hertrfn of Grantee and Grantee's sectaaseara and assigns,frsrever,in let simple. This annvcvanoa is subject to dee natters hated on Exhibit B . attached hereto and uiuorponaed herein by No refcnt ie (ooilectively, the -Permitted Exceptions"). provided viti,.ks nano ono eaRt y Page 450 of 849 however.that the reference to the Permitted Exceptions thall that be downed to reimpose•any of S.tbyeci to the Permitted E.xeepti..ni,Comm,does hereby warrent the title to the Property and will defend it against the Lawful eiaiius of all persons claiming by.through or udder()ranter% but against none other. IN WrFNESS WMEREOF,this Special Warranty Deed has been executed by Grant,*to be effective as of December j$,.2011 Signed,sealed and delivered art the presence or SEA SPRAY DEVELOPMENT,LW.a Florida hinted liability ct>mpen r Fume: Br- �1 Name:Y e, *1111174111P Title Kistaylr STATE OF FLORIDA a xrtmr OF itailLINIC.) The foregoing inigrumert.nt a eks.iwkdgcd before me by Ytr M'win', in Manager of SEA SPRAY DEVELOPMENT. LLC,a Florida knitted liahility company. on behalf of the company. He [sl t itMatt known to me of ( J hat, produced a an !1 N• P ic. '1"7-•a N Name: My Commission Expirsre Ie to IMMO r kg.Vrr eootealeauaw awn fc etrMIptt tNa NAM lie asiteiliaimi atlabetiMOM I MUM Page 451 of 849 EXHIBIT"A" LEGAL 1)C+CRWTION ?ARC hL 1- lot 7,LESS the[iatiterty 12 feet thereof,Block 4,of OCTAN BEACH.FLA.suowiiinR to the Plat thereof,as tocordati in Plat Book 2,Page(s)31.of Reit Pishlic Record'of Mimi-Dock County,Florida. AND PARCEL 2 Lott!,I.FSS the Southeasterly 15 tett thereof.Block 4,of OCEAN BEACH_FLA..sorts d,n to the Plat thertof.as moulded I.Plat Rook 2.pages}311,of the Public Records of!Marti-Dad.: County.Florid& YRADOCI IMO 711•11.411A13M Page 452 of 849 OR BK 31262 PG 4610 t.AST PAGE EXHIBIT"B" PERMITTED EXCEPTIONS I. Restrictions.dedications,conditions..reservations,aiatments and other matters shown on the plat of OCEAN BEACH,FLA.,as recorded to Plat Book 2.Papist$R, 2. Termer and conditions of City of Miami Berta Mamie Preservation Board Order tiled in Book 29250,Pere 2134. 3. Terms and conklinonv of City of Miami Bail+Hia xic Preservation Board Supplernantal Onler filed in Book 29250,Pae 2104. All recorded references air tet to the Public Records of Miami•Dade County.Florida -4- +a1AOQt' n43741 a Iowa emo Page 453 of 849 COMPARABLE VACANT LAND SALE NUMBER 2 (Prior Sale of Number 1) ilVtac i it I - 4124 415° e oil tir tt , f I y los- 4 4 1 02-4203-003-0500 t ;! l; 14 I SIS ..1r I. y'�'Y i "C .1 _..Yy ` i " j � „Ifk1 , R, -r - a 02-4203-003-0500 ix —". _� rt - i , , , , -Ira----- ,7 _ .. I-- ri'r ,' t A " RECORDED: Miami-Dade County (Assemblage) OR BOOK 28879 PAGE 662 GRANTOR: 304 South Beach, LLC GRANTEE: Sea Spray Development, LLC DATE OF SALE: August 30, 2013 DATE INSPECTED: July 23 , 2019 SITE SIZE: 11, 650 Square Feet assemblage Irregular- see sketch TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $6 , 300, 000 UNIT SALE PRICE PER SQUARE FOOT: $540 . 77 per square foot of land area TYPE OF INSTRUMENT: Warranty Deeds FOLIO NO: 02-4203-003-0500 02-4203-003-0510 Page 454 of 849 COMPARABLE VACANT LAND SALE NUMBER 2 (Prior Sale of Number 1) (Continued) LOCATION: NWQ of Ocean Drive and 3rd Street Miami Beach, Florida. Address know and 304 - 312 Ocean Drive Miami Beach, Florida 33139 . LEGAL DESCRIPTION: Parcel 1 : Lot 7, Less the easterly 12 feet thereof, block 4, of Ocean Beach, FLA. , according to the Plat thereof, as recorded in Plat Book 2 , Page (s) 38 , of the public Records of Miami-Dade County, Florida. Parcel 2 : Lot 8, Less the southeasterly 15 feet thereof, Block 4, of Ocean Beach, FLA. , according to the Plat thereof, as recorded in Plat Book 2 , page (s) 38 , of the records of Miami-Dade County, Florida. ZONING: RPS-3 , Residential performance standard, medium-high density, City of Miami Beach, Florida LAND USE: Residential, medium-high density. PRESENT USE: Vacant land with access to 3rd Street and Ocean Drive, Miami Beach, Florida HIGHEST AND BEST USE: Residential, medium to high density development CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . Page 455 of 849 COMPARABLE VACANT LAND SALE NUMBER 2 (Prior Sale of Number 1) (Continued) TYPE OF IMPROVEMENTS: None - Vacant Lot UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Grantors apparently motivated by profitable sale of property. The grantee purchased the property for investment and potential future development . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: The property resold in 2018 , see Sale 1 . �0 = - == ' �� 13 a8a ie r I ; ►I Amilm r 0 TAKEN BY ROBERT MILLER ON July 23 , 2019 Page 456 of 849 DEED Urr t.LU IJUO4 IJJJ OW!\GOOF/rtAoc rt- oUUL DATE:10/23/2013 09:0403 AM DEED DOC 37,800.00 SURTAX 28,350.00 HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY Prepared by and return to: Jacqueline R.Hernandez-Valdes Jacqueline R.Hernandez-Valdes,P.A. 2474 S.W.Secoffee Terrace Coconut Grove,FI.33133 305-860-6015 File Number: WillC:allNo.. Parcel Identification No.02-42030034500&02-42030030S10 Warranty Deed (STATUTORY FORM-SECTION 689,02,F,S,) This Indenture made this' 'day of August,2013 between 304 SOUTH BEACH,LLC,a Florida Limited Liability Company whose post office address is 110 Washington Avenue,Unit 1317,Miami Beach,33139 of the County of Miami-Dade,State of Florida,grantor,and Sea Spray Development, LLC,if Florida limited liability company whose mailing address is 3180 STIRLING ROAD, HOLLYWOOD,FL 33021, grantee(s). Witnesseth,that said grantor.for and in consideration of the sum of TEN AND NO/11111 DOLLARS ($10.00)and other good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,has granted,bargained,and sold to the said grantee,and grantee's heirs and assigns forever,the following described land,situate,lying and being in Miami-Dade County,Florida,to-wit: Lot 7,less the Easterly 12 feel thereof,Block 4 of OCEAN BEACH,FLA,according to the Plat thereof as recorded in Plat Book 2 at Page 38 of the Public Records of Miami Dade County, Florida. #02.42030030500 AND Lot 8,less than Southeasterly 15 feet thereof,Block 4 of OCEAN BEACH,FLA,according to the Plat thereof as recorded in Plat Book 2 at Page 38 of the Public Records of Miami Dade County, Florida. #02-42030030510 Together with all tenements,hereditaments and appurtenances thereto belonging or ill any way appertaining.To have and to hold in fee simple forever.And grantor hereby covenants with said grantee that grantor is lawfully seized of said hind in fee simple;that grantor has good right and lawful authority to sell and convey said land. And said grantor dote hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever;and that said land is free of all encumbrances except taxes accruing subsequent to December 31,2012. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Pagel.of 2 E I Page 457 of 849 CYN 20130841535 BOOK 28819 PAGE 663 Signed,scaled and delivered in our presence: ?O4 SOUTH BEACH,LLC,Limited Liability Company ,/ w�... .i By: _ W� Name:css _e , AntLFf-R;A1,A nnette S.Marcinno Schiffler,Manager itnecs Name: Lo,t.�re-t.._ rCLo utfG. State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me This 0 day ofAvsko�,aU by Annelle S. Mandan Schiffler,Manager of 304 SOUTH 1313AC1I,LIC,Limit d Liability Company,on behalf of Ihr. corporation. Htlslre[.iis personally known to me or 0as prod a ti444,44-lieonst as i Ramo lac.il i to-,. •i Public --- — - Printed Name: 1.c.1.,-Mr4-'- IQ`3viC i. r „weeCIANISSioNirfD420 1 iNifEVIES:IWgst4,Zpt) t atm IrAft 0 notify Imkts Page2of2 Page 458 of 849 COMPARABLE SALE NUMBER 3 4 f ; i 44 r(` ■ .- ... I 1 w., a,� p1 f4'. at ..1 • 7 mi,,s� d /j rli 02-3234-008-1130 i'1' ...14* 1 """" ,. ..,. it .P.. --• brew . 1 . . ,i; v ., a 4 rte " `u PI allOL :—;441 r 11. . . 4 4. 41‘P , i.,?" .,' RECORDED: Miami-Dade County OR BOOK 30713 PAGE 3526 GRANTOR: CRP Nash, LLC GRANTEE: Stiles Hotels Group, LLC DATE OF SALE: 9/29/2017 DATE INSPECTED: July 23 , 2019 SITE SIZE: 14 , 000 Square Feet TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $17, 500, 000 UNIT SALE PRICE PER SQUARE FOOT: $1, 250 per square foot of land area TYPE OF INSTRUMENT: Special Warranty Deed Page 459 of 849 COMPARABLE SALE NUMBER 3 (Continued) FOLIO NO: 02-3234-008-1130 LOCATION 1120 Collins Avenue Miami Beach, Florida, in Miami-Dade County, Florida LEGAL DESCRIPTION: See attached deed for complete legal description: Lots 5 and 6, Block 29, Ocean Beach Addition No. 2 , according to the plat thereof as recorded in Plat Book 2 , Page 56, Public Records of Miami-Dade County, Florida. ZONING: MXE - Mixed Use Entertainment, City of Miami Beach, Florida. LAND USE: Mixed Use Entertainment, City of Miami Beach, Florida PRESENT USE: Improved with a 30, 954 square foot Hotel . HIGHEST AND BEST USE: Assemblage and mixed-use development CONDITION OF SALE. Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . TYPE OF IMPROVEMENTS: Improved with an older industrial building UTILITIES: All utilities available to site Page 460 of 849 COMPARABLE SALE NUMBER 3 (Continued) MOTIVATION OF PARTIES: Grantors apparently motivated by profitable sale of property. The grantee purchased the property for income potential from existing hotel . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This sale was improved with an older hotel consisting of 54 rooms . Improvements contribute value to the site . Iit- e �}~ K MIL am AW wArdlialj 4 ... _+r _ft pi. - ._ _ ___ i Ai._ _ 4 .., ill( Yr' ),111-10 .. .,40-"alea,6, '-'' '-'-'-'- 1._ .Aw.jrtw, 7 •, ..'.. iii i , ..,, . ., # - ---...,„ Olit ✓j Page 461 of 849 DEED CFN 20170571872 BOOK 30713 PAGE 3528 DATE.10/1142017 03 01.30 PM DEED DOC 105.000 00 SURTAX 78.750 00 HARVEY RUYIN.CLERK OF COURT MIA-DADE Cry Prepared by and Return to: Law Offices of Louis A. Supraski,P.A. 2450 N.E.Miami Gardens Drive,rd Floor North Miami Beach,Florida 33180 Attn: Louis A.Supraski Parcel I.D.No.:02-3234-008-1130 SPACE ABOVE THIS LINE RESERVED FOR RECORDING DATA SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made as of the 29° day of September, 2017, between CRP NASH, L.L.C., a Delaware limited liability company (the "Grantor"), whose address is cio the Carlyle Group, 1001 Pennsylvania Avenue,NW, Washington,DC 20004,and STILES HOTELS GROUP LLC,a Florida limited liability company (the"Grantee"), whose address is 1 1 1 1 Kane Concourse,Suite 217,Miami Beach,Florida 33154. WITNESSETH: THAT, the Grantor, for and in consideration of the sum of Ten and No/100 (510.00) Dollars, and other good and valuable consideration to it in hand paid by the Grantee,the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold to the Grantee, its heirs and assigns forever, the following described real property("Property"), lying and being in the County of Miami-Dade,State of Florida,to-wit Lots 5 sod 6,Block 29,OCEAN BEACH ADDITION No. 2,according to the plat thereof as recorded in Plat Book 2, Page 56, Public Records of Miami- Dade County,Florida. TOGETHER WITH, all rights of way, tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. This conveyance is subject to those matters set forth on Exhibit A attached hereto and made a part hereof(the"Psrmiited Exceptions"). Subject to the Permitted Exceptions, Grantor hereby warrants title to the Property, and will defend the same, against the lawful claims of all persons claiming by, through or under Grantor,but against none other. [The remainder of this page is intentionally left blank.] 72515514/16525919 Page 462 of 849 CFN 20170571672 8001(30713 PAGE 3527 IN WITNESS WHEREOF, Cantor has caused this Special Warranty Deed to be executed the day and year first above written. Witnesses: CRP NASH,L.L.C., a Delaware limited liability company ,.c By: CRP Nash Holdings,i , ,C.,a Delaware rrnt Name:SuctC>! � �1 .;� _�65'6,1 limited liability compony, �r .. . f !. i , By: %, , l 41 g!/r • 'ante: V •...�t .N..alrr rpt, N. S 'I n F.A'5,Jr. Title: ice President (CORPORATE SEAL) ) DISTRICT OF COLUMBIA )ss: ) The foregoing Special Warranty Deed was executed and acknowledged before me this day of August J 2017. by John F. Adams, Jr., as Vice President of CRP Nash Holdings, L.L.C.,a Delaware limited liability company,the sole member of CRP Nash,L.L.C.,a Delaware limited liability company,on behalf of the company,and he is pe ly kno e. E Cl r��:1)410\TWRIAL NOTARYPURLC, DISTRICT U1-vifiairilt COLUMBIA� '• SEAL] Print Name of Notary: +., • 2010la *all :f My Commission Expires: Vii'',+ ,,. a 0� .4. NINE►IAt10ii�11 "`, NOWAY PLOW DISTRICT0F COJAa31A IytianMnl n Ei lna Agar M.20111 735155141 16525954 Page 463 of 849 CFN 20170571872 800K 30713 PAGE 3528 Fihibit A Permitted F.xceptiotts I_ Taxes and assesamcnts for the year 2017 and saibseyuent rats which arc not yet due and payable; 2 Maths appearing on the pine of OCEAN 1IEACit ADDITION NO. 2, recorded in Plat Book 2,Pigs 36,Public Records of Miami-Dade County,Florida;and 3. All matters which would be disclosed by an accurate survey of the land. Page 464 of 849 COMPARABLE SALE NUMBER 4 . _ �. ; r kip k ; ...,„. ,4 . le-ii 02-4203-004-0120 4',ti. , --7.7.-— _ ...m.o., - I `le of 4 i1 t Ilk , - -"----"-"—.-------____4.. r` AI's 7 'ice 4 r `1@ .. )." l . w. :,y y mal!• f S 3y... r�,��.. ( a ' / �� ��tlY 1 • 1�/ t,� i 141 r ,p 6 _ . ala Wftiffillii IL f I �f e�4 ;:" - R &L. - ' t RECORDED: Miami-Dade County OR BOOK 30832 PAGE 1779 GRANTOR: City National Bank of Florida, as Trustee, under Trust Agreement dated March 22 , 1993 know as Trust No. 2401004600 GRANTEE: 673 FO, LLC DATE OF SALE: January 4 , 2018 DATE INSPECTED: July 23 , 2019 SITE SIZE: 14 , 000 Square Feet TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $6, 500, 000 UNIT SALE PRICE PER SQUARE FOOT: $464 . 29 Page 465 of 849 COMPARABLE SALE NUMBER 4 (Continued) TYPE OF INSTRUMENT: Trustee' s Deed FOLIO NO: 02-4203-004-0120 LOCATION: 673 Collins Ave, Miami Beach, Miami-Dade County, Florida LEGAL DESCRIPTION: See attached deed for complete legal description: Lots 16 and 17, in Block 11, of Ocean Beach Addition No. l, according to the map or plat thereof as recorded in Plat Book 3 , Page 11, of the Public Records of Miami-Dade County, Florida. ZONING: MXE - Mixed Use Entertainment by the City of Miami Beach, Florida LAND USE: Mixed Use Entertainment by the City of Miami Beach, Florida PRESENT USE: Improved with a commercial building of 11, 618 Square Foot in 1996 HIGHEST AND BEST USE: Mixed-use development CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . TYPE OF IMPROVEMENT: Commercial building UTILITIES: All utilities available to site Page 466 of 849 COMPARABLE SALE NUMBER 4 (Continued) MOTIVATION OF PARTIES: Grantors apparently motivated by profitable sale of property. The grantee purchased this property for investment purposes . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This sale was improved with an older commercial building and the improvements contribute value to the purchase . PHOTOGRAPH OF LAND SALE 4 } I _ i -�=-� L. .1 IKE 4;7 Phaiiiiiii .:ire . , _l4 , I 1 1 N lir . Wel r 11. \ �--� �� -7:: _,.._ ; „rte ;,,,�_v-� r • Page 467 of 849 DEED CFN 20180035736 BOOK 30832 PAGE 1779 DATE:01/17/2018 04.37:10 PM • DEED DOC 39.000.00 SURTAX 29,253.00 HARVEY RUVIN,CLERK OF COURT,MIA-DADE CT/ Prepaicd by: Bruce Hornstein,t?cels Bruce Bornstein,P.A. 6961 Indian Creek Drive Miami Beach,adonis 33141 TRUSTEE'S DEED THIS INDENTURE, made this _"1-}'' day of January, 2018 between City National Bank of Florida,as Trustee,under Trust Agreement dated March 22,1993 known as Trust No.2401004600, whose mailing address is: 25 West Flaglor,5a'Floor,Miami,11 33130,party of the first part,and 673 FO LLC,a Florida Bodied liability company, party of the second part,whose mailing address is: 1261 20th Street,Miami Beach,FL 33139. WITNESSETH: That the said party of the first part, for and in consideration of the sum of($10.00)Ten Dollars and no/100, and other valuable consideration in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, hath remise, release, and quit claim unto the said party of the second part, and its successors and assigns forever, all the estate, right, title, lien, equity, interest, claim and demand which the said party of the first part bath in and to the following described lots,pieces,or parcels of laud,situate,lying and being in the County of Miami-Dade,State of Florida to wit: Lots 16 and 17,in Block I I,of Ocean Beach Addition No. 1,according to the map or plat thereof as recorded in Plat Book 3,Page 11,of the Public Records of Miaumi-Dade.County, Florida. Folio Number: 02-4203-004-0120 AND,the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor has gond right and lawful authority to sell and convey said land,and hereby specially warrants that title to said Lind is free from any enromhtances made by Grantor,and will defend the same against the lawful claims of all persons claiming by,through and under the grantor,but against none other. IN WITNESS WHEREOF,the said party of the first part has caused these presents to be signed in its name by its Tnist Officer and its corporate seal to be affixed the day and year above written. CITY NATIONAL BANK OF FLORIDA EXECUTES THIS INSTRUMENT SOLELY AS TRUSTEE UNDER LAND TRUST No, 2401004600 AND NOT INDIVIDUALLY AND NO PERSONAL JUDGMENT OR DECREE SHALL EVER BE SOUGHT OR OBTAINED AGAINST THE SAID BANK BY REASON OF THIS INSTRUMENT. Page 468 of 849 CE1.1:20180035736 BOOK 30832 PAGE 1750 Witnesses: CITY NATIONAL BANK OF FLORIDA,as Trustee,under the provisions of a certain Trust dated March 22,1993 known as 'frust No 401004600 4 7►,4► A of tot i By: AL atm: atnea,df .1Io,Trust Officer STATE OF FLORIDA COUNTY OF MIAMI-DADE Thi8 foregoing instrument was acknowledged before me this day of January,2018 by Mario Carballo, as Trust Officer of CITY NATIONAL BANK OF FLORIDA, as Trustee under Trust dated March 22, 1993 known as Trust No.2401004600,lyhn.is-perseaelly-kaw&n to me or who has produced as identification. WITNESS my hand and official seal at Miami,Miami-Dade County, Florida,this day of January,'2018. 10.,111P110 t4,90.)it; otary Public,State of Florida My Commission Expires: dui".. .uB11CB k \3 IbCI ogitbsac.4451;g1155 IlyCan. IM Ealing MO 25, 00tH SCY1t.02 pima 1lr l IttCpm.E ni""" Page 469 of 849 COMPARABLE SALE NUMBER 5 -_,ic- P .., _ .. . it .iii, ' �� , . - v j 1 _ `�, --.- _ 1,,,, ice 02-4203-004-0220 i '` 7 le A - -- , ,,,axlp...., . 4 4 --- , FI -..---- r t i "er 4 44 LL ' r-,, _,, i, - i 't i `- - ,b "rai •L ill I It t if ti *.h4 illh ti se• y 0 ,: at it , ! .,Thi II t, 80r,44 4 RECORDED: Miami-Dade County OR BOOK 31081 PAGE 4129 GRANTOR: CLB Associates, LTD GRANTEE: Prisma Properties, LLC DATE OF SALE: July 26, 2018 DATE INSPECTED: July 23 , 2019 SITE SIZE: 7, 000 Square Feet TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $7, 500, 000 UNIT SALE PRICE PER SQUARE FOOT: $1, 071 .43 per square foot TYPE OF INSTRUMENT: Special Warranty Deed Page 470 of 849 COMPARABLE SALE NUMBER 5 (Continued) FOLIO NO: 02-4203-004-0220 LOCATION: 721 Collins Avenue, Miami Beach, Miami-Dade County, Florida LEGAL DESCRIPTION: See attached deed for complete legal description: Lot 11, Block 12 , of Ocean Beach, Fla. Addition No. 1, according to the plat thereof, recorded in Plat Book 3 , Page 11 of the public records of Miami-Dade County, Florida. ZONING: MXE - Mixed Use Entertainment, by The City of Miami Beach, Florida. LAND USE: Commercial Mixed-Use Entertainment, by The City of Miami Beach, Florida. PRESENT USE: Improved with a commercial building built in 1999 . HIGHEST AND BEST USE: Mixed-use development CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . TYPE OF IMPROVEMENTS: Improved with a commercial building containing 6 , 575 square feet of building area UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Grantors apparently motivated by profitable sale of property. The grantee purchased this property for investment purposes . Page 471 of 849 COMPARABLE SALE NUMBER 5 (Continued) ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This sale was improved with a commercial building built in 1999 and the improvements contribute value to the sale. Property Photo Number 5 .: . _ 1 °ice kl + 1ow I 41 I t,,, s 1 --.1.7'.: EN Nt ' Imam v` V". L i 1 Page 472 of 849 CFR-20100461310 BOOK 3161 PAGE 4118 DATE 07/3112014 10 32 42 NM DEED DOC 46000.00 SURTAX 33.750 00 HARVEY ROM CLERK Of COURT SMA-DADE CTY nbiROO sheet frvpare4 ur` UmPena,I'agasr Eat llama 2490 Sad"B.yaaere Drm,1*Moot 148611,Markle 33133 Maar laoarr 1M Ratan Or Meet S Waisbarg,E. ii t Gay Robbsu.PA. 333 8.K2"Avera,!Dili 3200 Mian.,Ronda 33131 Palin lumber. SPECIAL WARRANTY DEED This Spccial Warranty Di cd is Made the 4,*I7 day of -fits e.y . 2018 by CU) ASSOCIATES,LTD., a Florida limited partaetrshtp, whose port office adhere it 26I 20 Sutet, Miami , Florida .r t t to, (hcnzio.tte refiled to es the "Grantor), to PRISMA PROPERTIES LLC.a Texas limited Liability company,whose part office address rs 3 5 S ACberr[s1ti- C'rhCJE, 5.../it !0000 &Wel temitas, ft (hirrmalter teffetiect t4 as the"Grantee")' S3 3r/ (Whitman' mid Rallis the terms "Uran1cr" and "fs stee" include all the partite to this Baha eat end the helm,legal rrpresentaU vee and assigns of individuals,and the successors and anion of c rperationa.) Wf7NIFSSETH: That the Grant r, foe and in (Ar■iderattan of the tum of 110,00 and alas valuable eotsaidrrstiun,recap(wherapf is hereby acknowledged,hereby grunts, bargains, Wk.arsine.realises,relegates,W Iveys sod coofirne moo the t&entre all that certain turd situate in t�ismi-Dade Canty,State of Florida,viz; Lo II,Block 12,if Oceaa Beach,FLA.Addition Na. 1,wmording to the plat thereof as recorded 1n Plat Boost 3,Page 11,of the Public Records of Miami- Dads Ccttoty,Florida. SLRJKCT TO conditions,ewaameDa,restrictions and limitation'of record, without re- imposing same; and taxes accruing subsequent to Decanter 31.2017. TOGEI'HXR WITH an of the tanetnenta, hermtilt:1E7=1s and apptutaaancee thereto belonging at alt aatywise appertaining. TO HAVE AND TO HOLD, the above granted, bargained rind described premises in foe simple torwer. Page 1 of 2 Page 473 of 849 CFN 20180461318 BOOK 31081 PAGE 4130 Said Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land; that Grantor has good right and lawful authority to sell and convey said land; that Grantor done hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons claiming by or through Grantor. IN WETNESS WHEREOF, the undersigned has signed and sealed these presents the day and year first above written. Signed,.sealed and delivered in the presence of: CLB Associates,LTD.,a Florida Nmited partnership By:CLB721,Inc.,a Florida corporation,its General Partner \rr By: Print Name:XL (W ya MicbacY ,President -- Print Neate: Sgfrt:IGup STATE OF FLORIDA f COUNTY OF MIAMI-DADE ) The fbregoing instrument was sworn to and acknowledged before me this 2 L _day of /LAY , 21118 by Michael Conies, as President of CLB 721, inc., a Florida corporation,the sole General Partner of CLB Associates,Ltd.,a Florida limited partnership(the "Partnership"),on behalf of the Partnership, I le is perannitvknown tit tpr or has produced as identification. (4/- % Ok' NOTARY PUBLIC-STATE OF FLO' MOP Printed Name My Commission Expires: 1 ,+ = U ums J.[KW()1 r rIke•iW1MMath ` CarwihaYea•FF situs t , ler �m c. axiom M n.lets• imilitgaiewasaiwaryhmt t+atmoc,G3307ta4 tltatax400 Page 2 of 2 Page 474 of 849 COMPARABLE SALE NUMBER 6 Z -.•mss-t; ar,r,�;_ __ _ .: ; P v 4 p il'' J IN tit '`+�" r i 02-4203-004-0460 4 : -. .. „y o i - P P - ) . -- - _ 0 4 �- _ . , i� , ni yl 0 .4 .�' '.rte,, ;f 'r 4 -``�--_.__ , I ;eJ.+ 4 i "1::'§':p i Ii.4,.. , Jr ' ,,,,::: : .liti :i .!.. ji 7 to _ ..: ,...ilitaluivititiL, if f .r„,_ RECORDED: Miami-Dade County OR BOOK 30736 PAGE 1449 GRANTOR: US Realty Financial, Corp. ETAL GRANTEE: US Realty Financial, Corp. ETAL DATE OF SALE: October 17, 2017 DATE INSPECTED: July 23 , 2019 SITE SIZE/DIMENSIONS: 7, 000 Total Square Feet TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $5, 750, 000 UNIT SALE PRICE PER SQUARE FOOT: $821 .43 per square foot TYPE OF INSTRUMENT: Warranty Deed FOLIO NO: 02-4203-004-0460 Page 475 of 849 COMPARABLE SALE NUMBER 6 (Continued) LOCATION: 832 Collins Avenue, Miami Beach, Miami-Dade County, Florida LEGAL DESCRIPTION: See attached deed for complete legal description: Lot 4, Block 32, of Ocean Beach Addition No. 1, according to the Plat thereof, as recorded in Plat Book 3 , Page 11, of the Public Records of Miami-Dade County, Florida. ZONING: MXE - Mixed Use Entertainment by the city of Miami Beach, Florida LAND USE: Commercial - Mixed Use Entertainment PRESENT USE: Improved with a 9, 734 square foot 2 story commercial building. HIGHEST AND BEST USE Mixed-use development CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . TYPE OF IMPROVEMENTS: Vacant at time of sale UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Grantors apparently motivated by profitable sale of property. The grantee purchased the site for investment purposes . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A Page 476 of 849 COMPARABLE SALE NUMBER 5 (Continued) EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This sale is for 2-story commercial building, and the improvements contribute some value . PHOTOGRAPH OF LAND SALE 6 , 1 t pp It ifR '_(f ' 'p J`, T,4 ar ■ ■r r•' ,fi• t _ F �: _ • • - f 1 e R "SDI:11; ! ,• I . ii -u I.-i- Ell ai ru m A u. It ■i 7. :. x • Page 477 of 849 CFR 2017081018 BOOK 30738 PAGE 1448 DATE 1Gf1Tt2017 04 18 13 Pf4 1w.n..rrr_.nw+t b DEED DOC 3A 500 00 Nam a.a441 armobag.Egan SURTAX 25.875 00 maw ao fr ArR/as C-E HARVEY RUV$4 CLERK OF COURT ULA MA CADE CTY berm au,t'arsr 117}4 bail e Iia[ Minim rrq.nr Era alter Ma:02.42111 1144461 MARBealAgin 'Elll\INDEN :Rr,Mad.thio L 7'+.y ofAvaeig,1017.arrg izN JAOr11}7ir.tlttltlgtTll 1 twC a rind. Wl cilia NOM P Mb Ka al: PaA,SOO Wee Mama wtrc C-i,Muni Oa*Mita 11134 GRANTOR L I.4 Kroh?Florida'Carp.,.ArlEaaaeaarpruian r r a 47J1l%aseaaI• teda4.04«i rr1:4ada4l R My&daalrrV Ca..m Nam Jrwwew rervan4Er...to a 411-S1x r ar 4[r w UU SS i 714/d OIUrit t wda 11$ ►J,('.a Awe Yuri. iiamiemrl 11ea11ey a.,..p27lb/i42,4 MMRMFj ki ermar iartt All mea of**mil MOW pale a®oaka=w db M i Ratiy C omp.ry,430 7"Awnn% 4Sr Fbar,.'ka Yr., Hay Yak t4123 GRA Ss mama} a That wid R.rtr,Sr mat a aeiwudr46n of 0a a j7 4 Alb?aa4---paddj----_ 77atlaas,ad oda art rad Ankh a a aianadaa r W Fara a Ore Etre M Mid prar,r rayl Ewart•May aliana f♦al.air paid Wawa ad ad r de rid/ar.r.tei arrive'dips sad nips hrr.._lbs&BerEa%daddr aril.•a w*i ire lad b !s 1dlaGsds Ca Ky,TtahM swlt la[4,lama}f.4tIXZAN 146A0i ADDITION NO.I,acceadrdAa la PY lra.G r It ee ded k RN Mai T.is 14R l i,da.r4eir laeNdi ee1.8M{-QW Cony&Roma 11iiRCT TO 1. Ties r r la 707 t mad l+adjapat van 2. Cain drama a ilaisee ad aJ ol:la dsom d mad wawa mapa q mea 441[gnaw dor Emily tsar wear bs las S mid Lod.Ira.rx deter!ere r4-r carat to triad dun 041E pima' "—Pamir ad`Ovale an sal la.lspr r ghr r raxme:r.4.ao Page 478 of 849 CFN 20170610156 BOOK 30736 PAGE 1450 hadaira Propuoet,La mit w LI batty Fm iJl Cory a US why&i+•ra.tvs+t a.. WwrMy Nd Pow2 114 Wraatas wommor.❑rwrdur his baa lis aA g tor'.brawl u4 tool the.4y me yst firm■tura &lino& Sheet mid ad datlrend in pts •Amide,uc —R —. R r ts.. i W i Y;. ae u 1'1, c ..'at C464•e 44 . lh4trd, , din. i .ter, Sorel 14 eir -Now at Whom 9 QlLR7AY CO,MALAYSIA CM OF KUALA IL U& (�, l TAX YP ORIASDEN INST[[MR �wndV7 NT Warr Pr.rfI woo..ffi l 1'1 ,,,d Sll / .am,1y&6 , itreb to Ibrdra of ldrate Prcprtts,Ito,a Aar*ammooloo,Ww pc,"-.0..)a tirAi'f;'r2? -." )3f92‘A'7le;_ ,FUTI!. 4 Mohamed Kotb Notarizing Officer Malaysia City of Kuala Lum nr Embassy of the Unmtcd States ass! of America. i � ;fes ' . Jr ' Page 479 of 849 COMPARABLE SALE NUMBER 7 liallaiti 7 mr. ; . -. i,.....4 ke. Riiiiit40'' ''' 441 . t 4111?air7 17 al". it I( r. 02-4203-003-0530 4 ,. 3 a ! 4.` • Iy %q a .i '' r: f, • R fit � � �_�_.0 -'Iftlagatialaita � W' '- ' ! 4 ;pit 4 i v -. 1 4; - _. Zit a i A. 1 z ■ At 7 ,tiit. r II u �. _ RECORDED: Miami-Dade County OR BOOK 30944 PAGE 3747 GRANTOR: Jazz on South Beach, LLC GRANTEE: Husa LH JZ, LLC DATE OF SALE: April 11, 2018 DATE INSPECTED: July 23 , 2019 SITE SIZE/DIMENSIONS: 29, 000 Square Feet 100' N/S boundaries and 290' E/W boundaries TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $12 , 000, 000 UNIT SALE PRICE PER SQUARE FOOT: $413 . 79 per square foot of land area TYPE OF INSTRUMENT: Special Warranty Deed Page 480 of 849 COMPARABLE SALE NUMBER 7 (Continued) FOLIO NO: 02-4203-003-0530 LOCATION 321 Collins Avenue, Miami Beach, in Miami-Dade County, Florida LEGAL DESCRIPTION: See attached deed for complete legal description: Lot 11, Block 4 , of Ocean Beach, according to the plat thereof, recorded in Plat Book 2 , Page 38 of the public records of Miami-Dade County, Florida. ZONING: RPS- Residential Performance Standard Medium-High Density, by The City of Miami LAND USE: Residential Performance Standard Medium-High Density, by The City of Miami PRESENT USE: Improved with a remodeled older commercial building containing 8, 766 square feet of building area. HIGHEST AND BEST USE: Residential or mixed-use development CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . TYPE OF IMPROVEMENTS: Improved with a remodeled older commercial building containing 8, 766 square feet of building area. Building was built in 1937 Page 481 of 849 COMPARABLE SALE NUMBER 7 (Continued) UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Grantors apparently motivated by profitable sale of property. The grantee purchased the site for commercial use . INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This sale is the purchase and remolded the 8 , 766 square foot retail building built in 1937 . Improvements contribute some value to the land. PHOTOGRAPH OF LAND SALE 7 {(1� i sz': 4 ' J X - ""t : ' _ , , ' A 111J f, ll l',0•4-4 1 ill ' ill I! V - t ..141) It la WU A , P'- 1.112 -IFF g , 111111.1, -- 14'a i" -- Cy11rCi. �I�ti �rt1�CJt�.QS' ' ' 'qmrimu . -Fire StepOng ,[' _- ,,(Rilighrin corn 786.768.8380 Page 482 of 849 Commonwealth tsntl Ttthr inturante Cc 5690 W CYprwss Sl.,Ste A CFN 201 0233127 BOOK 30314 PAGE 3747 Tampa c L 33601 DATE:04f1612018 0B 02.45 AM vac., j DEED DOC 40.800.00 -rho.I)i.i oriv Ail htSURTAX 30.40000 and Return to MAR'd r RUVW.CLEM OF COURT,MIA RADE cry 4'hoatc,}roll&Stewart 1,LP Two International Place Boston,MA 02110 Attn Paul Laudeno,Fag. Parcel Identification No.: 02.4203-003-0530 cmc4Yi0tCIA; 14.'CMQ" WARRANTY DEED THIS WARRANTY DEED,made this I/ day of April,201S,between JAZZ ON SOUTH BEACH,LLC,'Florida limited liability company,having an address at 2000 Broadway,Suite 1711,New York,New York 10023,Ain: Moshe Ziv,hereinafter called the Granter,and HUSA LH JZ,LLC.a Delaware limited liability company,having art addiVis at 275 Grove Street,Suite 3-103,Newton,Massachusetts 02466,hereinafter called the Grantee. WITNESSETH: That the Grantor,for and in consideration of the nun of Six Million Eight Hundred Fifty Thousand and 001100 Dollars(56,850,00000)and other valuabk considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,ahens, remises,releases,conveys and confirms unto the Grantee the following real property situate in Miami-Inde County,State of Florida: Lot 11,Block 4,of OCEAN BEACH,according to the Plat thereof.as recorded in Plat Book 2.at Page 38 of the Public Records of-Miami-Dade County.Florida. SUBJECT TO reservations,restrictions and easements of'word,if any;and any and all valid zoning ordinances. TOGETHER.with all the tenements.hereditaments and appurtenances thereto belonging or in anywise appenarrung. TO HAVE AND TO HOLD,the same m fee sfocio fns ever. AND the Grantor hereby covenants with acid Gr nice that the Grantor is law fully seized of said land in fee simple;Ow the Grantor has good right and lawful authority to sell and convey said land,and hereby warrants the title to said land and will defend the seam against the lawful claims of all persons whomsoever.and that said land is free of all encumbrances LRcnisindcr of Page intent it trially Left Blank) Page 483 of 849 CFN 20180233127 ROOK 30944 PAGE 3748 IN WITNESS WHEREOF,the said Grainer has signed and sealsid these presents the day and year first above written- Sign,scaled, delivered' .d . the pres_. JAZZ ON SOUTII .-,ACH tic i'rintName:500a — — By. hlarric: M Ziv Prmt Name: "fl•`- CIS-41"07f.° Title: Managing Member I, STATE OF ,fle'l t z-r-i ,i4 ) ) COUNTY OF hirti ,,,,k_ _ y A. The foregoing instrument was acknowledged before me this /1 day of April,20111,by MosheZi . Ziv,the Managing Member of JAZZ ON SOUTH BEACH,LIC,a Florida limited liability company.on behalf of the limited liability. , .," I. 7 ,e .r.i.jk-''.:. ...., /N .,• t OUALr.l'.'', , 5: Notary siwoure - . tv , si - lit frindNotary signature Check ore: l V'said persortis)ivare personally known to nve. ( j said pcnon(a)provided the following type of abontitication: _ Page 484 of 849 COMPARABLE SALE NUMBER 8 lig 1a .'". t�' rq gym; .. T *_ ., :'r,anUillii:i• r , ip. 4 , 1 "rMil 4 V . ., `` ta:et 02-4203-003-1260 }ii1 1 ip 0 +1. _ s, 4 r4 � 4+T h a , r FT 7 Sr J;Ildf pi ii i i R P ;+p. 1 lei ii Illn 'AI RECORDED: Miami-Dade County OR BOOK 30976 PAGE 2369 GRANTOR: Southpoint Heights, LLC GRANTEE: 42 Collins Avenue, LLC DATE OF SALE: May 1, 2013 DATE INSPECTED: July 23 , 2019 SITE SIZE: 32 , 500 Square Feet TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $30, 750, 000 UNIT SALE PRICE PER SQUARE FOOT: $946 . 15 per square foot TYPE OF INSTRUMENT: Special Warranty Deed FOLIO NO: 02-4203-003-1260 Page 485 of 849 COMPARABLE SALE NUMBER 8 (Continued) LOCATION: 42 Collins Avenue, Miami Beach, Miami-Dade County, Florida LEGAL DESCRIPTION: See attached deed for complete legal description: Lengthy Legal Description. ZONING: CPS-1, Commercial performance standard limited mixed use, by the City of Miami Beach LAND USE: Commercial performance standard limited mixed use, by the City of Miami Beach PRESENT USE: Redevelopment Site-Improved with older buildings containing 62 , 801 square feet of building area. HIGHEST AND BEST USE: Mixed-use development CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . TYPE OF IMPROVEMENTS: Improved with older building built in 1970 . UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Grantors apparently motivated by profitable sale of property. The grantee purchased the site for future redevelopment . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A Page 486 of 849 COMPARABLE SALE NUMBER 8 (Continued) EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This sale is the purchase of two adjacent lots improved with a 34, 500 square feet of building area. PHOTOGRAPH OF LAND SALE 8 f i ' f , `_ SII . 0 il i I , It le- , , r TAKEN BY ROBERT MILLER ON JULY 23 , 2019 Page 487 of 849 6178 40 9217 abed ftimm-um I 11.1 Ia 11v _____ pen-LLLL s+yMi+h&tsp.pen wslwae+! a ee1eod U1 *papal * »110114V>tl1r. el'EMI Pew -oni i 11001m ra, ,.Pmv.1021101 wi WM PM areal MOWN J 1n MOM a41 `astiaMaq'1a$11I"1,0910 au Pardo 1,4 10I1110o AMA 1.*NO pepl•P eeo ed IP p a40$3 rapist I►sum*pitAkiton 44ao0q A/4w A/4& Se a1app sup P HIM pot WSW*44e1o9'eop AMMO sip'4s0dotd pne Ammo,Par 11s;A' puipsl'Frail pow"Op pool wq101INUOrepvlidnat*so 403.3.4 xP J0 paelas 4I104001 y x0a 14 aimman 4100 suAue1 J I)0114 rAs-img1 mtgimm'a3;mg mum%ayr 0101104 CP&31V1101 '41.19d.ud a4J 01 ftgrintedde ie..4.0 w At* 1Out laq laierualindder pi*witiOutimpaing' s■NM a1P p MIM 113141300/. 103triti 111Vd V 30VW i1N°V O231311 Q311JVJLV Airmi'Aiwa ePr J1s's')%SI *heap pun Palewt L4esdUu4,,apt Lurdcod tea,palms"Irpnarg orsonsias`Ms47►aim mum plaonen 'assrfsa ']*mums 'tofu 'tea y4d/aq Vol loop eft warp iq viiPpoteAtrint <9eso1 ems 4spp i°kluaptiins pat odrrlassOsimpo 41*WV 4+4 PO OCIPOSP1.003 WRIT+ Pee P'o'i "411°Pan(00-0W MOCK(001,°N rwa m4 J orareipuogilerilmi. Puri 04'ammo mu 111'!f1i L1A0 LestgaMJ tat I VIA 161441 lignowit iniv5 key quitiveld I LO): 11 ay°Ja ail PIA'410111010N#O!t 001.114'As'Q a 11 iI1M A V spinwo Dal ) Ltitt "WV 10*e91 "PATH maltige 00ZZ vvillOtt woo co p s zP!+s Vambisie p maim r'yri lit/Armin n.1i:10aninOS 61119 t 10t. MR-ld 1iP W irp Ja ePrm a!(dam.11111)0fl0 Alw'v7111VM 'WVLY3"S 51111 aayd UJy1111V/i1 1314111 6S511 AN"aeN'""tl 1O �3310901111 1!1910,340 aux!watt Al mon �1 Awes Pse Peeedtrlf 00 win MIX 90009 res OW a 3O WV 9c te al) ieMON Sita MU NAV ZISOC?iOOg zUUILZOI OC 1493 CSN 2)18)271287 1300K 30487 PAGE 237) 1N WITNESS WHEREOF.Grantor Ms executed thic need,to he ettecnve as of the Mar first set forth above. GRANTOR; Witness$i SO1ITRPOIIr2TE HEIGHTS,LW,a Delaware limited liability company PrZ02-% IWanor h{ttA Y-C(— Br- `IV +:117 Sheitelrnar, Wittman t2 r..` ; - - e6+4ent ______p::25 STATE OF FLORIDA ) )SS: COUNTY OF MIAMI•DADE ) Thisi. nt was signed and acknowledged before me this _day cif +t 201 It, by �t Vitt 445444+.` crf SOU TN?OINi'IL HEIGHTS, IW, a Delaware limited liability company, cru behalf of said limited liability compatay. Such porson.A rsonallyknows►to me or produced to identification. (SEAL) m ".....v64 Notary Pu --in and fur Stela of Ftii1 J 0h- ,,. CIRCA v CARTE: I'tirtt namC of notary P GTARr Ii.*uC �+ R STATE Or ORit3A My Commission Expi : Exhibit A to Special N'arrsaty Del Lattit Description of the Property Ileo land referred to hcrcin below is situated in the County of MIAMI-DADE.Stitt of Florida.and is described as follows: Lots 1, 2, 3. 4 and 5, ie Block 10 of OCEAN BEACH. FLORIDA.occordmg to the Plat thmoof,as recorded in Plat Bask 2,at Page 38,of the Public Records,if Miami-Dade Comity,Florida,also deecrilted as follows: Continence at(Begin at)at the Northeasterly corner of said Lot 1,in Block 10:thence run Southwesterly (S 20°00'00' W)along the Easterly line of said Lots l thru 5,inclusive.in Block 10,for a distance of 250.00 feet to a point of(250.10 fed rruasurod),said point being the Southeasterly comer of said Lot 5, in Block 10,thence run Northwesterly(N 70`04'CO"W)along the Southerly line of said Lot S, is Riock 10,for a distance of 125•.%feet(130.00 feet measured)to the Southwesterly corner of said Lot 5:thence tun Northeasterly(N 20`00'00'I)along the Westerly line of said Lots 5 thru 1 inclusive,fur a distance of 250.00 feet(250.10 feet measured)to the Northwesterly comer of said Lot I in Block 10,thence ram Southeasterly(S 70"04'00"E)for a distend of 130.03 fed(130.00 feet measured)to the Northeasterly corner of said Lot 1 and the POINT OF BEGINNING. Note for Information: Bairns known and designated as lax Map No 02-420:3-003.0160 on the Tax Map &the Cky of Miami Beach,County of Miami-00de,State of Florida. Note for Informal= Being commonly known as 42 Collins Avenue,Miami Beach,Florida. Page 490 of 849 CFN 20180271287 BOOK 30967 PAGE 2372 Exhibit B to Speeial Warranty Deed Permitted Exceptions I. Matters shown on a current survey of the Property. 2. Real estate taxes for 2018 and all subsequent years. 3. Dedications as shown on the Plat of OCEAN BEACH,FLORIDA,according to the Plat thcnot; as recorded in Plat Book 2,at Page 38,in the Official Record of the Clerk of the Circuit Court of Mianu-Dade County.Florida. 4. Covenant in Lieu of Unity of Tide For Parking recorded April 16,2015 in Book 29580 Page 2531,in the Official Recurd of the Clerk of the Circuit Court of Miami-Dade County,Florida. 5. Parking Covenant,by and between SouthPointe Heights,LLC and SouthPointe Heights H.LLC, dated as of April 25.2018,recorded in Book 30958,Page 801,in the Official Record of the Clerk of the Circuit Court of Miami-Dade County,Florida_ 6. Amended and Restated Parking Space License Agreement.by and be twe:en SouthPointe Heights. LLC and SouthPointe Heights 11,LLC,dated as of April 25,2018,recorded in Book 30958,Page 808.in the Official Record of the Clerk of the Circuit Court of Miami-Dade County.Florida. Page 491 of 849 COMPARABLE VACANT LAND SALE NUMBER 9 It \Ili .1 " y _y , + . r 02-3211-007-0430 . 4• ' 4' 4 NW. 1 a IX � C AlA` — ^� S . ' i 02-3211-007-0440 1 ti,* AIA, ' _ T411 e ;% 67T k? 11113., F RECORDED: Miami-Dade County OR BOOK 29816 PAGE 4473 GRANTOR: 6747 Collins Development, LLC GRANTEE: CCCC Miami Beach, LLC DATE OF SALE: October 15, 2015 DATE INSPECTED: July 23 , 2019 SITE SIZE/DIMENSIONS: 41, 624 Square Feet TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $38 , 500, 000 UNIT SALE PRICE PER SQUARE FOOT: $912 . 93 per square foot of land area TYPE OF INSTRUMENT: Special Warranty Deed FOLIO NO: 02-3211-007-0430 02-3221-007-0440 Page 492 of 849 COMPARABLE VACANT LAND SALE NUMBER 9 (Continued) LOCATION: 6747-6757 Collins Avenue, Miami Beach Florida LEGAL DESCRIPTION: Parcel 1 : The South 32 . 5 feet of Lot 45, Block 1, Amended Plat of Second Ocean Front Subdivision, according to the Plat thereof, recorded in Plat Book 28, at Page 28 of the Public Records of Miami-Dade County, Florida. Parcel 2 : The North 37 . 5 feet of Lot 45 and the South 25 feet of Lot 46 . Block 1 Amended Plat of Second Ocean Front Subdivision, according to the Plat thereof, recorded in Plat Book 28, at Page 28 of the Public Records of Miami-Dade County, Florida. ZONING: RM-3 , Residential, multifamily, high intensity, of the City of Miami Beach, Florida. LAND USE: Residential, multifamily, high intensity, of the City of Miami Beach, Florida. PRESENT USE: Vacant HIGHEST AND BEST USE: Assemblage Residential, multi- family, high intensity, of the City of Miami Beach, Florida CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller Page 493 of 849 COMPARABLE VACANT LAND SALE NUMBER 9 (Continued) ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . TYPE OF IMPROVEMENTS: Vacant UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Grantors apparently motivated by profitable sale of property. The grantee purchased the site for future redevelopment . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This sale was vacant land and purchased for multifamily residential development . PHOTOGRAPH OF LAND SALE 9 j #A/, 4 4'144 4 — lig rittF 11111115.7"- ilki- t, '4 ;I:14 - 1 aLA , N. Page 494 of 849 CEN 20150002796 BOOK 290,6 PAGE 4473 DATE 10,160016 0I O 23 PIA DEED DOC 231,000 CO SURTAX 173.25000 HARVEY NUM,CLERK Of COURT,swag*CTY This instrument papered by err sake the supervision of Bane M Cohen,Esq. Reinert t Yopl Wtllar t Isaltigoes,P A 100 s uIwaat 2+ Saila 2940 Msamt.Florida 33131 After taxed*icsa tad 40 Calla Laughlin Esq. Gncabcq Ttwri*,PA. 333 S.E.2nd Ave.,,Suits 4400 Miami,Florida 33131 Tax Folia Nae:02-32110074430 t 02-3211-007-0440 (Space Reserved for Cede of Court) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED n made and entered into to of the 1 3th day of October, 2015 by 6747 COLLINS DEVELOPMENT.LLC,a Florida limited liability company(the"Grantor"), whose mailing address is Cia The Peebles Corporation, 2020 Ponce de loon Blvd. Suite 907, Coral Gables, Florida 33134. to CCCC MIAMI BEACH LLC. a Delaware Ignited liability company t"(irantee"), a.-fiase mrilials address is 1221 thicken Ave. Suite 900, Miami. Florida 33131. Wherever used herein.the terms"Grasser'and"Grantee"stall include all of the parties to this instrument and their successors and astagrts WITNESSETH: GRANTOR for and in consideration of Ten and No;100 Dollars(510.00)and offer good and valuable consideration the receipt and sufficiency of which arc hereby acknowledged. has gtaa40d, bargained sad sold,and by draw presents docs hereby grant.bargain and sell to Granas*and Otantae's Vella, saoottarers and maps forever. the following descnboil land situate and being in MiandDade Cam4Y,Florida(On"Property'1,to wit SEF. FN.HII5IT A ATTACHED HERETO AND MADE A PART HEREOF 1ME:I 111 K AA 1 III .all the tenements,Iserediiatnents and appurtenances thereunto belonging ar in aoy-Wisc appCrtaIrung THIS CONVEYANCE is sullied to (A) those miners set forth on Exhibit Is attached hereto; and(S)all taws. ordinances, regulations. restrictions, prohibition and other requrremcstts unposed by govcromerital authority. TO HAVE and to hold the same in fee simple forever GRANTOR hereby covenants with Grantee that it is lawfully seized of the Property in foe simple,that it has good right and lawful authority to sell and convey the Property,that it hereby fully warrants the tine to the Property and will defend the same against the lawful claims of all persons claiming by,through or under Grantor.but no others. Page 495 of 849 CFN 20150667795 9006 29646 PAGE 4475 EXHIBIT A nelcrizitton of,taal Pucci l: The South 62.5 feet of IAL 4S, Block I, AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION, accotktg to the Plat thereof, as recorded m Plat Book 28.at Page 28,of the Public Records of Miami-Inde County.Florida Parcel 2: • The North 37 5 fat of Lot 45 and the South 25 feat of La 46.Block I.AMENDED PLAT Of SECOND OCEAN FRONT SUBDIVISION,according to the Plat thereof, as recorded to Plat Book 28,at Page 26.of the Public Records of Miami-Dade County.Florida. Page 496 of 849 CFN 20150862795 BOOK 29616 PAGE 4476 Flaffini }'crnaiUCd Ern.slioos 1. Taxes and assesunenas for the year 2015 and subsequent years,which are a lien not yet due and payable. 2. intentionally deleted. 3 intentionally deleted. 4. Any encroachment. encumbrance, violation, venation., adverse circurnatancc or other mailer disclosed by the that certain Boundary&Topographic Survey of the Property prepared by Daniel C.Fortin,Jr..PSM,of Fortin,Leavy,Seiler,Inc,dated May 22,2012,tart revised December 5. 2014. 5. Any disgmle as 10 the bouamdariei+atused by a change in the location of any water body within or adjacent to the Property and any adverse claim to all or pan of the Property that is or was previously under water. 6. Any unpaid installments of taxes err special assensnents not shown as liens in the public records or in the records of the Mc-a1 tax collecting authority. 7. Intentionally deleted. 8, Any lien arising out of the entry upon the Property by,or the work,labor or services provided to. Purchaser in connection with this Agreement. 9. Provisions of the AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION,according to the Plat thereof.as recorded in Plat Hook 28.at Page 28.of the Public Records of Miami-Dade County,Florida. 10. Temporary Reach Nourishment Easement in favor of Miami-Dade County, Florida and the United States of America,recorded April 17. 1978 in Official Records Hook 10006,Page 1005, of the Public Records of Miami-Dade County,Florida. 11. Intentionally deleted. 12. Intentionally deleted. 13. Intentionally deleted 14. Terms. covenants, conditions and restrictions contained in that Declaration of Covenants and Restrictions,recorded October 27, 1993 in Official Records Book 16104.Page 744.of the Public Records of Miami-Date County,Florida. 15. Tercets and conditions contained in that Order of the Historic Preservation Board of the City of Miami Bench,Ronda.recorded Septeodter 27,2013 in Official Records Back 28842,Page 1318, as modified by that certain Supplemental Order of the Historic Preservation Board of the City of Miatoi Bench,Florida recorded in Book 29186,Pip 4272,all of the Public Rc ords of Miami- Dade County,Florida Page 497 of 849 CIN 20150$5271a6 BOOK 29816 PAGE 4477 16. Any lands seaward of the Erosion Coastal Lases as same is shown on the EROSION CONTROL LINT. Plat recorded in Plat Book 105, Page 62,of the Public Records of MiamiaDade County, Florida. 17. Any adverse ownership claim by the State of Florida by nght of sovereignty to any pan of the Property that is,or was at any time previously,under water(submerged). 111. Title to any part of the Property lyini seaward of the most inland oldie:(a)the Mean Nigh Water Line of the abutting body of water;or,(13)the Erosion Control Line as stet forth on the Erosion Control Line Plat, if any, i o ded relative to said Property pursuant to Chapter 161, Flonda Statutes 19. The right,tine or interest,daisy,of the public to use as a public beach or recreation area any part of the Praporty lying between the water abutting the Property and the most Wand of any of the following: (a) the astura) line of vegetation. (b) the moat eatnnne high water mark, (c) the bulkhead line„or(d)any other line which has been or which hereafter may be legally established as relating to such public yes, 20. Riparian Rights andior Littoral Rights. Page 498 of 849 COMPARABLE VACANT LAND SALE NUMBER 10 """ ' il ! 3 •. ti �. , ri ft" I. 't `, J - t; air Z #s. r 1 • ` MI . 1.,111 ' A lillir 14 . ill '` "":`_„, 02-4203-003-1090' j � , - l 3RD ST ' . ,r 1 6:----- c .1, ,.. I q•hi p .:.:l 'lid-;-- 41 s %,,, 7 44 ' 1 Q try} `”' IOM k 8 �` ' R :kill ) "'+� �' i12 02-4203-003-1080 f.1�auD• t # 'w`1 I .? '. r -i 'Ili mi .Iy,r ,� I _ �, f r I t! Vic'IntRi�, , i 2MD 5T } ' d. •;zz' --4,i- m� a RECORDED: Miami-Dade County OR BOOK 31483 PAGE 2015 GRANTOR: South5, LLC GRANTEE: 251 Washington, LLC DATE OF SALE: June 12 , 2019 DATE INSPECTED: July 23 , 2019 SITE SIZE/DIMENSIONS: 13 , 000 Square Feet Irregular- see sketch TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $8, 250, 000 UNIT SALE PRICE PER SQUARE FOOT: $634 . 62 per square foot of land area TYPE OF INSTRUMENT: Special Warranty Deed FOLIO NO: 02-4203-003-1080 02-4203-003-1090 Page 499 of 849 COMPARABLE VACANT LAND SALE NUMBER 10 (Continued) LOCATION: 251 Washington Avenue, Miami Beach Florida. LEGAL DESCRIPTION: See attached deed for complete legal description: Lots 14 and 15, Block 8, of Ocean Beach Fla. , according to the Plat Book thereof, as recorded in Plat Book 2 , Page 38, of the public records of Miami-Dade County, Florida. ZONING: RPS-3 , Residential performance standard, Medium-high density, the City of Miami Beach, Florida. LAND USE: Residential performance standard, Medium-high density PRESENT USE: Vacant : Purchased for redevelopment and based on land value . HIGHEST AND BEST USE: Assemblage and or Residential CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . TYPE OF IMPROVEMENTS: None UTILITIES: All utilities available to site Page 500 of 849 COMPARABLE VACANT LAND SALE NUMBER 10 (Continued) MOTIVATION OF PARTIES: Grantors apparently motivated by profitable sale of property. The grantee purchased the site for future redevelopment . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This was a vacant land sale . PHOTOGRAPH OF LAND SALE 10 I 1,\- _ .iii ilit .r F• R F4. ..^. • •``��"' - _ = • r - .. '•ifirr 7i''S RI`' • i jrig. 4 'PI'k>a WI It% -e.r, y „il . lio ?tar _mh............. -.or - l •3. ; 44 .,j .. „_,,. ... .... ..,,, .. _i„.,‘ amp -. .�' 'ter Page 501 of 849 I1111111111111111 11111 IIlII 1111111111 1111 1111 CFN 2O19R0371O26 OR BK 31483 Pis 2015-2016 (Pas) RECORDED 06/14/2019 10/54:01 rho instrument prepared by. DEED 00C TAX $36.750.00 Michael A_l3edEe,Fiq. SURTAX $271562.50 HARVEY IEWIH. CLERK OF COURT DLA Piper LLP(US) MMIAd1-DADE COUNTY, FLORIDA 3111 W.Dr.M1.K Jr Rlvd,Suite 300 Tampa FL 33611 Afla recording return to: Joseph M.Hernandez,Esq. Weise Setoff Hoffman Cole&Rieman.P.!. 2525 Ponce De Lea Blvd Ston 700, Coral Gables,FL 33134 Tax Parcel IDs:02-4203-003-1080 and 02-4203-003-1090 WARRANTY DEED This Warranty Deed is made this 12 day of June, 2019, by SOUTH5 LLC, a Florida limited liability company,whose post office address is 245 Washington Avenue, Miami Beach, FL 33139 ("Grantor"), to 251 WASHINGTON, LLC, a Florida limited liability company whose post office address is 120 Ocean Drive,#1000,Miami Beach,FL 33139("Grantee"): ('Y1enevcr used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs,legal representatives.and assigns of individuals,and the successors and assigns of corporations,trusts and trustees.) Witnesseth, that Grantor, for and in consideration of the sum of ten and not 100 dollars ($10.00)and other good and valuable considerations,receipt of which is hereby acknowledged. hereby grants, bargains, sells, aliens, remises, releases,conveys and confirms unto Grantee, all that certain land situate,lying and being in Miami Dade County,Florida to-wit: Loh 14 and 15. Block 8, of OCEAN BEACH F1.A., according to the Plat thereof,as recorded in Plat Book 2,Page 38,of the Public Records of Ntiami- Dade County,Florida. 'Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold,the same in fee simple forever. And Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said land in fee simple;that Grantor has good right and lawful authority to sell and convey said land; that Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,2018 and all restrictions,reservations,easements and matters of record,if any. EAST 1.1666573573 Page 502 of 849 Book31483/Page2015 CFN#20190371026 Page 1 of 2 OR P.K 31483 PG 2016 LAST PAGE IN WITNESS WHEREOF,Grantor has executed and delivered this Warranty Deed as of the day and year first above written, (at*NTOR: WITNESSES: SOUTHS LLC,a Florida limited liability / company By:Sofi Management,LLC,its Manager • 'nt N . vi;A'..X.L.aaarl; By: Hi av I Hos i0tlity,LLC,its Manager By: Print Nam �cf.,fl1,}- Cirunt anager A notary public or other officer completing this certificate verifies only the identity of the I individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of Cali�fo�m�,i 1 County of_taftrA_.--.__ ) On June 12- .20 lq before enc, )' ,Yd 1- 1A v ,a Notary Public in and for said State,personally appeared Dena Grunt,who proved to me the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity,and that by her signature on the instrument the person.or the entity upon behalf of which the person 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, Signature .Ili �.1A A mum I.smuts :%:%r "a"''PLEAS o cam. ! ' *' C (Mail t:n5att Mp comm.Ewa,se,m,NU EAsr,1666575573 Page 503 of 849 COMPARABLE SALES MAP-EASEMENT PARCELS North tauderdde a la mode, inc. Tamarac 0 Pompano Parti: Laudedale-ay-are-Sea ,,arae LauUerdaie Lakes Oak am]P.x Wagon Lauderhill Manors 0 1** P:anlat on ' :oft Lauderdale yt _ t ie ,?a ' _3 Copper City Dania it a eerrear xct� f r o ` Easement No. 16 A r + ` FFL Right of Way ►+ol 4-o t Ft Lauderdale,FL 33315 r �* r Pembroke Pines iY• 'i. -,t:. t r �: e, , r 20.90 miles k t .. ir> , Hal{andaGr Bead C /—.�k -.a._7 ‘,Miranlar...ib,da.'; Y 1 - AV CSbtWA i - -_-=1. _.._... Nnriand }♦ t retry(jut, W Ops ' ♦ } C-a-o7 C qty €In Su,rry Isles -a c. +'a21r - - - Ya Easement No. 19 -\ Easement No.21 1648 Alton Rd north Miami 881 141')°' 1440 Ocean Dr Mia1.01 l Beath,FL 33134 ,a Islanps Mini Beach, FL 33139 1.01 miles NW 0.41 mhos N Aellilliil i $ • No.-ti,Hmr Easement No. 14 Vr`iage 2 SE 7th St Hialeah fort Miami,FL 33131 3.97 miles W i1 6"--' Easement No.20 - anti 1220 Ocean Dr art _' Miami Beach,FL 13139 Fountambleaup r ia'nj 0.18 miles N A'r . a Lldbles I Easement No. 13 701 S Miami Ave Cwai Terrace Miami,FL 33130 Oil S1103ECT 3.97 miss W 17• - 1001 Collins Ave endo Miami Beach, FL 33139 1 The C,us>iny: Scut^M Easeent No.18 Ke,da,l 12100 mSW 88th St Miami, FL 33186 18.13 rniieS SW 4 -� Hrn,rt Easement No.15 Miami, FL 33186 "tiff l ri Iasemnd Nu.17 a NEQ 5th St&Alton Rd 12522 SWe120th St Miami Beach,FL 33139 0.71 miles SW 18.70 miss SW mit* nwi,,:a. 1,41 2 grits a cm lip Brn eaii.+u emra G.:XI;Mo-=a-:'Carpaxan IiPrF Page 504 of 849 COMPARABLE SALE NUMBER 13 -PERPETUAL SUBSURFACE EASEMENT k "ik - , 4,4111 4.„,„, �`:1i• 1 1 ? - 4,.r1'c#t#° -''`' .� ,I ...4 . • .:''. Mme. 9.411 .44 • 4 'at iiir , , 1 _3 • s � 1;,.* r'..44—, .,- ....me,• 1 44 .. __4,i k i . It LL A+ 71 r IOC + r _4'1.! 0 . 4411 4 I .I ./24 '';* ''': ----.?—, Mt . RECORDED: Miami-Dade County Resolution File # 121341 & OR BOOK 28180 PAGE 0204 GRANTOR: Miami-Dade County GRANTEE: Brickell Citicentre Retail, LLC DATE OF SALE: June 29, 2012 (transaction date) DATE INSPECTED: July 23 , 2019 SITE SIZE/DIMENSIONS : 17, 817 Square Feet of aerial easement area Irregular- see deed for sketch TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $802 , 262 Page 505 of 849 COMPARABLE SALE NUMBER 13 -PERPETUAL SUBSURFACE EASEMENT (Continued) UNIT SALE PRICE PER SQUARE FOOT: $45 . 03 per square foot of aerial easement area (70% or a value of 30% of the fee land value for diminish utility adjustment) TYPE OF INSTRUMENT: Easement FOLIO NO: Adjacent to these folios-Ol- 0210-060-1080, 1070, 1020, 1010 & 01-0205-030-1200, 1190, 2100, 2080 LOCATION: Underpass- Located under South Miami Avenue, approximately 75 feet south of SE 7th Street, in Miami as part of the Brickell Citicentre project, Miami-Dade County, Florida LEGAL DESCRIPTION: See attached deed for complete legal description. ZONING: T6-48B-O-O, Urban Core Zone, Miami 21 Zoning, City of Miami LAND USE: Restricted Commercial within Urban Central Business District and in the Brickell overlay district with a residential Density Increase Area (500 units/acre) Page 506 of 849 COMPARABLE SALE NUMBER 13 -PERPETUAL SUBSURFACE EASEMENT (Continued) PRESENT USE: Portion of the Brickell Citicentre Project . The easement is for a vehicular passageway connecting two underground parking structures of two multi- story buildings and extends under South Miami Avenue . HIGHEST AND BEST USE: Assemblage and or mixed-use development CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . TYPE OF IMPROVEMENTS: Mixed use development under construction known as Brickell Citicentre . UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Easement for construction of a vehicular passageway connecting two underground parking structures as part of the Brickell Citicentre project . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A Page 507 of 849 COMPARABLE SALE NUMBER 13 -PERPETUAL SUBSURFACE EASEMENT (Continued) EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This transaction consists of a perpetual subsurface easement for a vehicular passageway connecting two underground parking structures extending under S . Miami Avenue . The top elevation is -4feet and the low elevation is approximately -100 feet . The per unit value of the easement area was negotiated based on a downward diminish utility adjustment of 70% therefore reflecting an adjusted easement area value of 30% of the fee land value . The fee land value is reportedly $150 per square foot based on an independent appraisal . Therefore, the unit price is $45 . 03 per square foot of aerial easement area. PHOTOGRAPH OF COMPARABLE SALE NUMBER 13 -PERPETUAL SUBSURFACE EASEMENT 4111 ` 46 I //AS rUIrtA onto MtU11N CtUnN u NU ACCU'Y VIA 5011111 NUINI 1tYE1<UE 7A 1711 STIfR 3051 ~ i PLUSI sSE 511151 AYINUE - AE4i i'iNAl16 101 UNEP) - TAKEN BY ROBERT MILLER ON AUGUST 13 , 2015 Page 508 of 849 Legis la:n a\r:)11 W I'aelc �- n7 Miami-Dade Legislative Item et ii4 YR File Number: 121341 Clerk's Ofliiial Cup, File Number: 121341 File Type: Resolution Status:Adopted as amended Version: 0 Reference: R-463'2 Control;County Commission File Name:TEMPORARY CONSTRUCTION EASEMENT Introduced: 6/27/2012 Requester. Public Works&Waste Cost: Final Action: 6/5/2012 Management Agenda Date:5/5/2012 Agenda Item Number: 8M4 Notes:THIS IS FINAL Title:RESOLUTION AUTHORIZING THE GRANTING OF A TEMPORARY VERSION AS CONSTRUCTION EASEMENT AND PERMANENT AERIAL AND ADOPTED. UNDERGROUND EASEMENTS FOR THE AMOUNT OF 51,458,000.00 ALSO SEE ALONG COUNTY RIGHT-OF-WAY KNOWN AS SOUTH MIAMI AVENUE, 120943. BOUND ON THE SOUTH SIDE BY SW 8 STREET AND SE 8 STREET amended (TAMIAMI TRAIL)AND BOUND ON THE NORTH SIDE BY SW 7 STREET version to AND SE 7 STREET IN CONNECTION WITH BRICKELL CITICENTRE 120943 PROJECT AND IN ACCORDANCE WITH FLORIDA STATUTE SECTIONS 125.35(2)AND 125.045:AND AUTHORIZING THE COUNTY MAYOR OR MAYOR'S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF SAID EASEMENT[SEE ORIGINAL ITEM UNDER FILE NO. 120943) Indexes:TEMPORARY CONSTRUCTION EASEMENT Sponsors:Bruno A. Barreiro, Prime Sponsor Sunset Provision: No Effective Date: Expiration Date: Registered Lobbyist None Listed Legislative History Acting Body Data Agenda Item Action Sant To Due Date Returned PasslFail County Attorney 8129/2012 ---Assigned Debra Herman — —County Mayor 6/27/2012 Assigned County Attorney 615r20t2 REPORT: PwWM!amended version to 120943)-Debra Herman assisted-Comm.Barreiro Sponsor-pending tante County Mayor 6/2712012 Assigned Aline Tejeda- 6127/2012 Hudak Board or county 6/5/2012 6M4 Adopted as — P Co,n hiss onera Amended amended REPORT: The County Ccmrnission adopted the foregoing proposed resolution as amended pursuant to item 51.14 Supplement h1p:i wait mlgriihdr vw+gumliontmltr er exit r=121St l2krie-false$}exfnI6r—Yloi 1 i•16:1'd i Page 509 of 849 I egirheivr Moles Pax 2 a Legislative Text TITLE RESOLUTION AUTHORIZING THE GRANTING OF A'TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT AERIAL AND UNDERGROUND EASEMENTS FOR THE AMOUNT OF$1,458,000.00 ALONG COUNTY RIGHT-OF-WAY KNOWN AS SOUTH MIAMI AVENUE,BOUND ON THE SOUTH SIDE BY SW R STREET AND SE 8 STREET(T'AMIAMI TRAIL)AND BOUND ON THE NORTi I SIDE BY SW 7 STREET AND SE 7 STREET IN CONNECTION WITH BRICKELL CTfICE:NTKE PROJECT AND IN ACCORDANCE WITH FLORIDA STATUTE SECTIONS 125.35(2)AND 125.045;AND AITTHORi7TNCi TILE COUNTY MAYOR OR MAYOR'S DESIGNEE TO TAKE Ai.i,ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF SAID EASEMENT BODY WHEREAS,this Board desires to accomplish the purposes outlined in the accompanying memorandum and supplement,a copy of which is incorporated herein by reference;and WHEREAS.Brickell CitiCentre Retail LLC("Brickell CitiCentre")is the owner of the properties adjacent to South Miami Avenue bound on the South side by SW 8 Street and SE 8 Street and bound on the North side by SW 7 Street and SE 7 Street;and WHEREAS,Rrickcfi CitiCentre intends to ounstnx:t a 750 million dollar project including commercial,retail,and residential use.which shalt include its properties bordering South Miami Avenue(the"Project");and W'IiEREAS,Brickell CitiCentre has requested the conveyance of easements in connection with the Project,connecting the Project components on its east and west properties with I)an aerial commercially activated transportation corridor above South Miami .Avenue,and 2)an underground transportation corridor including parking facilities,as more particularly described in the"Temporary'Construction Easement,Permanent Aerial Easement,and Permanent Underground and Maintenance Easement attached hereto as Exhibit A;and WHEREAS.the Board finds that the easement areas are of no use to anyone but the adjacent property owners,due to the fact that such aerial arid underground areas must connect to an adjoining property for development.and WI IEREAS,it is in the best interests of the County and serves a public purpose to convey the easements to the adjoining property owners in order to expand and promote businesses and job creation in the community.as well as serving the transportation purpose of providing a connecting pedestrian and vehicular corridor, NOW,THEREFORE,BE.iT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MiAMI-DADE COUNTY,FLORIDA,that Section 1.This Board adopts the foregoing recitals as if incorporated fully herein. Section 2.This Board approves the granting of a Temporary Construction Easement,Aerial Eascnnent,and Underground and Maintenance Easement to Brickell CitiCentre,in substantially the form attached hereto and made a part hereof as Exhibit"A,"for the amount of SI,458,000.00. Section 3.This Board waives review under Administrative Order 8-4 by the Planning Advisory Board,and authorizes the County Mayor or the Mayor's designee to take all actions necessary to accomplish the conveyance of said easements,including execution of such documents,and exercising all provisions and rights contained therein. Section 4.This Board directs the County Mayor or County Mayor's designee to record the instruments of conveyance granted herein in the Public Records of Miami-Dade County.subject however to the conditions precedent set forth in the accompanying manager's memorandum,and to provide a recorded copy of said instruments to the Clerk of the Board within thirty(30)days of execution of said instruments;and directs the Clerk of the Board to attach and permanently store a recorded copy of said instruments together with this resolution. HEADER Date: • Imp'.`wwwmmmidaig.ev:' vaaktNmrkr acr'ita l't-12E34t&lik-falsaveafdaer-Y21}12 Page 510 of 849 I.:yslany e Mattes Page To:honorable Chairman Joe A,Islartinea and Members,Board of County Commissioners From:Carlos A.Gimenez Mayor Subject;Recommendation to Approve the Conveyance of a Temporary Construction Easement,a Permanent Aerial Easement,and a Permanent Underground and Maintenance Easement in Connection with the Brickell CitiCentre Project in accordance with Florida Statute Sections 125.35(2)and 125.045 for 51.458,000.00;authorising waiver of Administrative Order 8-4 as it pertains to review by the Planning Advisory Board.and Authorizing - Execution of Easements for such Purposes STAFF RECOMMENDATION Recommendation It is recommended that the Board of County Commissioners(BCC)approve the attached resolution authorizing the conveyance of a Temporary Construction Easement,a Permanent Aerial Easement,and a Permanent I underground and Maintenance Easement for consideration in the amount of v.458,001).04t along County Right-of-Way known as South Miami Avenue,bound on the south side by SW 8 Street and SE 8 Street and bound on the north side by SW 7 Street and SE 7 Street(Right-of-Way)to the adjoining landowners(Brickell Citicentre West, [LC.and Brickell Citicentre East,LLC,(collectively"Brickell Citicentre")in connection with the Brickell Citicentre Project.This resolution further authorizes the waiver of Administrative Order 8-4 as it pertains to review by the Planning Advisory Board,authorizes the County Mayor or County Mayor's designee to execute such documents,and authorizes the recordation thereof among the Public Records of Miami-Dade County,Florida. Scope The impact of this project is countywide:however,it is located within Commission District 5. Fiscal lmpact/Ftrndittg Suture There will be no County or other governmental funding required for this project,us it will be financed entirely b} Brickell Citicentre and the developer,Swire Properties,Inc.As consideration for the granting of the Temporary Construction Easement,Permanent Aerial Easement,and Permanent Underground and Maintenance Easements, Brickell Citicentre shall pay to the County the sum of 51,458,000.00 for such easements.Additionally, Brickell Citicentre shall he responsible for maintenance of the Right-of-Way, Track Record/Monitor Public Works and Waste Management Department is the entity overseeing this project and the person responsible for monitoring is Leandro Ona,P.E.,Chief,Highway Division,of PWWMD. MANAGER'S BACKGROUND Background The Brickell Citicentre Project is a 750 million dollar multi-use project,and is plumed to he constructed over sevcral years,encompassing nine acres and spanning almost four city blocks.En connection with this project,on April 3,2012 the 13CC approved Resolution R-306-12,which allowed for the development by Swire Properties,Inc.("Swire"),the developer of the Brickell Citicentre Project(Project),of certain County-owned properties adjacent to and under the Metromover system between SE 6 Street and SE 8 Street.As an additional component of the Project,Swire intends to construct,own,develop,and operate a commercially activated aerial overpassJbridee with a climate ribbon above South Miami Avenue,and an underground transportation and parking corridor below South Miami Avenue.The temporary construction easement will become effective upon approval and execution,and will allow for the construction of the facilities through December 2015.The underground and aerial transportation easements will commence upon the tap"^w'wzmunidarle,spy gravactitm•rnarl.•r up?msller—I 2I 74141]-falseRysvifolt:r-'t t2 MIMI! Page 511 of 849 Italsleens nailer testa or expiration of the temporary construction easement.The aerial and undergneind corridors will provide pedestrian and vehicular connectivity between separate Project elements to be developed on the properties bordering the cast and west side of South Miami Avenue,which are already owned by Brickell Citicentre,The aerial corridor will facilitate pedestrian movement through the Project,and may include attendant commercial elements,while maintaining connectivity.The"Climate Ribbon"is a canopy providing shade and water collection for Iandscaping and water features,and may include the use of solar panels le supply energy.The underground transportation corridor will include the Project's parking structure beneath the Right-of-Way.as well as walkways,parking spaces,ramps,and related infrastructure,connecting the cast and west Brickell CitiCentre properties.Such corridotst will serve the additional transportation purpose of removing pedestrian and vehicular traffic from ground level,thereby relieving congestion and providing safe and reasonable access between the different project elements.Brickell CitiCcntrc may also construct additional landscaping,lighting and enhanced roadway features on the ground level of the Right-of-Way,all subject to approval by the County.No other use will be permitted without the express written consent of the County.The anticipated completion date for the construction of the transportation corridors is December,2015. Brickell CitiC'cntre shall be responsible to pay for any repairs or damage to the Right-of-Way resulting from the construction of the Project The County shall not be responsible for any cost,claim,or lien resulting from construction of the Project.Brickell('itiCcntre shall bear the cost of al1 temporary and permanent changes made necessary to any of the utilities located with the easement area and right-of-way occasioned by the construction of the Project.As a condition of the construction,the County maintains the right to approve the construction plans•as well as the maintenance of traffic plans,After completion of the construction,the customary and normal use of the Right-of-Way shall not be impaired.and the free flow of traffic on the plight-of-Way shall be maintained_Additionally, Brickell CitiCentre shall be responsible for maintenance of the Right-of-Way,as well as any improvements built aerially or underground. l'he granting of these casements is contingent on the BCC's approval of two companion items including 1)a resolution accepting the conveyance of a five foot strip of property along the easternmost portion of South Miami Avenue from the Florida Department of Transportation which is included in the Easement Area,and 2)a resolution accepting the dedication of a separate five foot strip of property along the westernmost portion of South Miami Avenue from Brickell CitiCentre which is also within the Easement Area. Said resolutions.being presented concurrently for BCC consideration,would accept the right-of-wily conveyances along South Miami Avenue at no cost to the County.As a condition precedent to the recordation and conveyance of the subject ezmsements,the conveyances of the properties set forth in such companion items must first be approved by the 13C.0 and recorded. Both the County and the owner obtained appraisals of the easement areas,which include the five foot strip of property owned by Brickell CitiCentre,to be dedicated in a companion item and recorded prior to the casement conveyance.The square footage for that portion(lithe casement was deducted from the appraised values. The owner's appraisal of the subterranean easement was prepared by Tom Blazejack,MAI,in the amount of$400.000. This represents a difference of S505,23I from the County's appraisal of$905,321,which was performed by Andrew Maggcnhcimer,MAI.Following negotiations,the parties agreed to the sum of$802,362.00 as consideration for the conveyance of the subterranean easement,subject to BCC approval.'Phis recommended settlement amount is within the range of values of the respective appraisers,and is within 11 percent of the County's appraisal.The payments for the respective easements would therefore be as follows: Permanent Subterranean Easement$802,362.00(recommended settlement) Permanent Aerial Easement$258,638.00(County appraised value) Temporary Construction Easement$397,000.00(County appraised value)_ Intal $1,458,000.00 The payment for the respective easements shall be made prior to the commencement date of each casement. Florida Statute Section I25.35(2)provides that if a property is of insufeient size and shape to be issued a building hop.:uwwmillni9d;..gwfty»s airrAwiter.aip!aama.m21341Ra1e'(atx&•rcarrntdee-Y70t2 5.Z6.201i Page 512 of 849 Lea*da Memer Pam 1,4" peimit for development to be constructed on a property,and if,when due to the size,shute,location and value,it is determined by the FICC that the parcel is of use only to one or more adjacent property owners,the BCC may effect a private sale of the property.The property at issue.including the aerial and underground rights between two adjacent properties,could not be developed as stand alone properties without the adjacent properties,and therefore,is of use only to the adjacent property owners.Brickell CitiCentre. Florida Statute Section 125,045 authorizes the County to convey real property to private enterprises for the expansion of businesses existing in the community and the attraction of new businesses to the community to facilitate the growth and creation of business enterprises. The Project is anticipated to create a very significant,positive economic impact to the County,and is estimated to generate,on an annual basis,the following revenue: "$3.11 million in County ad valorem taxes *$5.2 million in Miami-Dade County School taxes *$5.4 million in City of Miami ad valorem taxes •$1.0 million in tourist taxes ' $4.8 million in local option sales taxes Furthermore,the Project is projected to create I,700 jobs during construction,employ 3,700 persons once complete, and support the creation of an additional 1,500 indirect jobs,including a mix of residential towers,hotel,office,and an open air shopping center,As such,it is in the County's best interest to approve the conveyance of these easements which will facilitate the Project's construction. Alina T.Hudak County h+lanagedT)eputy Mayor Nana I !Min_ ]tl:SESI I LC0,ltinreSe4'ch I L000asttiRaeva!aq I Leoaelell�*Recons W15 SCC wore Calmly; J.iam-Dade Cain Cadt-Cd ordrn?os I to I [sin Cu-She I ahm4,l aagaittari I Praac, • Disclarre* EaMl yar commerce,queoaors era sucigasIk0116.60.•,wameala( Web Site C 2354 Mare-1:6644 C,.,.sy .ch rwas reserved hop:w w•�mImMdak,amip»wsi wa seer memencr-t_`I St hallo-mmicymrkada'YZlEl2 1.2W2nI5 Page 513 of 849 110 11411111 IIIA 11111 11111 1E1111111111 CFN 201280480194 OR iK 28f80 Pas 029E - 2201 Mass! RECORDED 07/09/2012 13:39:98 THIS INS/RUNCE T PREPARED BY DEED DDC tA1t 2,382.00 AND SHOULD DE RETURNED To StRTAk 1,786.50 HARVEY RUVIR, CLERK OF Co1RT flIAMI-DADE LOWY, FLORIDA Akcrrnan Scntcrfn One SE Third Aram,252 Floor Meant.Florida 33131 MEL 1.Spew=0owley [sr ACE Aan%S'I'M LIND 11*ABCORDIM1 DATA'---..--- TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT (-Temporary Construction Fa-cemcnt")is made and enecred a_s of ,2012("Effective Date"),by and between MIAMI- DADE COUNTY, a political subdivision of the State of Florida, whose address is 111 NW I Street. Miami, Florida, Miami, Florida 3312/1, HHS bmrntor, "Grantor"), and HRICKELL CITICENTRE RETAIL, LLC.. a Fkuridu limited liability company, whose addnns is 501 Brickell lacy,Suite 600,Miami,Florida 33131,as grantee,('"Graotee"). • RECIIALSi WHEREAS,the Grantor has certain legal rights,title and intermit in the County right-of- way known as South Miami Avenue, bound on the southern side by SW 8a' Street and S!~e Street(Tamianti Trail)and bound on the northern side by SW 7a Street and SE 7'" Street(the "Right-of-Way)which includes the property legally described in ,shibit`A-1"and as depicted in the sketch on rabbit"A-i"each attached hereto and by this reference incorporated herein (the"Burdened Property");and WHEREAS,Grantee is the owner of fee simple title to that certain real property in Miami-Dade County,Florida,as legally described in Exhibit-B-j"and as depicted in the sketch on)<zhihit"B-Z"each attached hereto and by this reference incorporated herein(tine"Benefited Property")to which this Easement shall be appurtenant;and WHEREAS,the portion of the Benefited Property lying east of the Right-of-Way is hereinafter referred to as the"East Par-cel"and the portion of the Benefited Property lying west of the Right-of-Way is hereinafter referred to as the West Parcel;as depicted on-xhibit WHEREAS, Granite intends to build a cr,mme rdalhetail development on the Benefited Property(the"P'ojcct")generally contemplated by that certain"Special Area Plan"for Stickel! Citcentre approved on July 29,2011 by the City of Miami;and WHEREAS,the Grantor desires to grant to Grantee a temporary construction casement dasarihed herein far the purlwue of constructing a commercially activated above ground ttweuportation corridor, and a below ground transportation nnrldor with parking in connection with the construction of the Project and non-standard improvements(including street lighting, (241744o lost Book281801Page204 CFN#20120480194 Page 1 of 17 Page 514 of 849 landscaping.pavers,etc.),in order to ultimately provide,among other thinis.safe and reasonable access between the East Parasol and the Rest Parcel,and accommodating the public and users of the Project. NOW, THEREFORE, in consideration of the sum of One Dollar, and other valuable consideration paid and received,the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Crrantet (i) a temporary construction easement on, in, under, over, across and through the property legally described on Exhibit "A-L hereto (the "Easement Area") for purposes of constructing, reconstructing, etcavatin%, grading, +duping, installing, laying. inspecting, erecting. improving, remavhtg, replacing and rerkuing the Improvements; (ii)the non-exclusive right to store materials and eyuipnamt on and in the Easement Area,and (,iii)a temporary access easement for ingress,egress and access in connection With the forgoing (collectively,the"Temporary Constitution Fasexttent'), Section 1. Recitals. The above recitals are true and correct, and are incorporated herein by reference. Seetiun L Teat;. T'he Temporary Construction Easement shall expire upon the completion of the construction of the Project,as evidenced by a final certificate of occupancy for the last phase or improvement of the Project(the "Completion Date"), and no later than December 31, 2015, whichever is earlier. Notice of the expiration of the Temporary Construction Easement shall he filed in the public records by Grantee, with a copy to the Grantor, within five days of Grantee obtaining the final certificate of occupancy or un December 31,2015,whichever date is earlier. Section 3. Automatic Terminatlel. Should a) the use, need, or transportation purpose for the Temporary Construction Easement he abandoned or cease prior to completion of construction. including but not limited to the elimination of transportation connectivity between the Pau Yaied and the West Parcel, or b) should the Temporary Construction Easement be permanently or legally separated in any manner from the Benefited Pruperty to which the Easement appertains, or c) if Grantee fails in pay the compensation required in Section 12 herein, or d) if Grantee fails to cormot any other violation of the terms of this Temporary Construction Easement within a reasonable time after written notice of noncompliance has been ptovidet; then upon written notice of termination by the Grantor all rights hereby granted to Grantee shall terminate and Grantee shall forthwith,at its own cost and expense and in a manner reasonably satisfactory to the Grantor,remove all Improvements and restore the Easement Area to the condition previously found prior to the Temporary Construction Easement. In the event that Grantee fails or refuses to du so, after such written notice,than the Crrarmu may.at its option.remove or cause to he n-moved SUeh Improvements on the Easement Area and restore same to the condition previously found prior to the Temporary Construction Easement.and Granter will,in such event,upon bill rendered,pay to the Grantor all costs incurred by it in such removal and restoration. Any rights of Gnmtor set forth in this Section are in addition to, and exclusive of, any other rights set forth herein or under the law,including the Grantor's rights under the performance bond set forth in Section R herein,and shall survive the termination of this Temporary Construction 1' semens_ 12,111$441.,421 2 Book28180/Page205 CFN#20120480194 Page 2 of 17 Page 515 of 849 Seetivu 4, Access Easement.% Interference. Nothing herein shall prohibit the Grantor from entering upon the Right-of-Way or Easement Arca, for any use which is not inconsistent with the rights conveyed herein. Notwithstanding the foregoing, the Grantor restuins,and may exercise any right for traffic regulation,and in the event of an emergency,even if such rights interfere with the Temporary Construction Easement conveyed herein. Section S. Improvements. Grantee intends to construct,as part of the Project,those improvements as generally depicted in the Special Area Plan,including,without limitation,a(i) commercially active overpessdbridge over and above the Right-of-Way connecting the East Pucci and West Pare ; (ii) portion of a fratnc.l structure. fixed and self-supporting to be constructed over and above the Right-of-Way (the "Climate Ribbon" and together with the Bridge, the "Aboveground Improvements"), connecting the various parcels of Brickell CitiCentre and providing protection from rho elements to pedestrians; and (iii) underground parking structure.walk-ways,parking spaces,ramps and related infrastructure,under the Right- of-Way connecting the East Parcel and the West Parcel underground (the "Underground Improvements"). No other use will be permitted without the express written consent of Grantor The term,"Improvements- shall mean the Aboveground Improvements and the Underground Improvements and the non-standard improvements (including street lighting, landscaping, privets etc.). Grantee shall be responsible to pay fur any and all repairs or damage to the Right- of-Way resulting from the construction of the Project. Grantor shall be rtapunsib1e for no cost, claim, or lien resulting from censtnrction of the Project,or the right csmveyed herein,which shall be the stile responsibility of Grantee, election 6. Utilitiss/Seetlriitse Grantee shall be responsible for relocating. removing, and repairing all utility facilities in the Easement Area as necessary for construction and maintenance of the Project,and Grantor shall have no reapuusibility therefor. Nothing herein shall be darned to warrant or guarantee Grantee's ability to relocate or remove such utilities, and all such changes,if any,will be made by separate agreement between the Grantee and the respective utility. Grantee shall bear the coat and expense of all temporary and permanent changes made nccesaary to any of the utilities located within the Easement Area and Right-of- Way occasioned by the construction of the Project or the use of the Easement Area of Right-ell Way. Guenter is solely responsible for the personal safety of its employees, invitees,or any other person entering the Easement Area,as well as any equipment or personally installed or brought into the basement Area. The Grantor assumes no responsibility tar the safety of such persons, equipment or personalty, This section survives the termination of this Ientpoiary Construction Easement, Section 1. Commencement 9f Construction.. Prior to any construction in the Easement Area,Grantee shall submit to Grantor for review and approval complete construction plans for any construction, alterations, modifications or improvements to be made in the Easement Area. These plans shall meet the requirements of the City of Miami,County,State of Florida Department of Transportation,and other applicable laws and regulations,including but not limited to the Florida Building Code and the Florida Fire Prevention Code. Grantee specifically agrees that no cost,claim,lien,or other expense shall be incurred by Grantor due to such desig ,construction, safety pmecdtuo,work or operation in the Easement Area• Prior to any construction in the Easement Area, Grantee shall also submit a detailed maintenance of traffic plan to the Grantor,including but not limited to a notation of all proposed barricades, 12•11244119J41 3 Book281801Page206 CFN#20120480194 Page 3 of 17 Page 516 of 849 signage, re-routing. and temporary reads. No construction shall commence in the Easement Area without the prior written consent of Grantor with respect to the construction plans and the maintenance of traffic plan. Grantor's approval of any of the construction plans shall not relieve Grantee of any obligation to file and procure approval of such plans with any department of the City of Miami,the Grantor,or any other governmental authority having jurisdiction over the issuance of building or other permits. Grantee acknowledges that any approval given by Grantor shall not canestitute an opinion that the plans are adequate or in compliance with any lar; ordinance,or code or other applicable regulation, Grantee shall not rely upon Grantor approval for any such purpose,and Grantor approval shall impose no liability upon Grantor.Hy its review the Grantor only signifies that the plans satisfy the Grantor's rcquin:rncnta9,and the Grantor expressly disclaims all other representations and warranties in connection with the plum,including hut not limited to the integrity,suitability or fitness for the intended purpose or whether the improvements arc cunatnxted in accordance with the plans. For purposes of this Temporary Construction Easement,'Commencement of Construction"when used in connection with construction of the Improvements shall mean the earlier of the filing of the notice of commencement under Florida Statutes Section 713.13 or the visible start of work on the Improvements,including but not limited to on-site utility,excavation or soil stabilirarion work. In ander to meet the definition of"Commencement of Construction"herein,such tiling of notice or visible start of work must occur after Grantee has received a building permit fur the particular Improvements or portion thereof on which construction is proposed to commence. Construction Plans shall consist of final plans,drawings,and specifications in the farm and with sufficient detail as required to obtain a building permit ter such Improvement& In the event of disapproval, °Mier shall make the tatanges to the Construction Plans necessary to meet Gramoor's stated wounds for disapproval.and shall resubmit such revised plans to the(irantor. Such resubmission shall be subject to review and approval,until final approval is renewed by Grantor. Scettol 8, Perfurmaae?e Rend. Prior to the Commencemem of Construction of the improvements, Grantee shall deliver to the Grantor executed performance bonds as contemplated under Section 255.05, Florida Statutes (2011), or their equivalent (including without limitation, the right to deliver alternative security pursuant to Section 713.23,Florida Statutes(2011)),to guarantee the construction of the portion of the Improvements then being constructed by such contractor on the Fascment Areas. The amount of such bond shall be equal to the proportionate share of the applicable hard costs of construction of the Improvements then being constructed on the F.asetnent Areas by such contractor. Each bund shall name the Grantor as beneficiary thereof and shall be issued by a surety reasonably acceptable to Grantor. Grantee shall have the right from time to time to substitute or replace, or cause its contractors to substitute or replace, such bonds as deemed necessary by the Grantee for any portion of the improvements on the Easement?seas then being done. Any such perRhrmanee bonds, or the equivalent,and Grantee's obligations thereunder,shall terminate upon paymcm of such work as requited under the Grantee's construction contract. Notwithstanding anything in the foregoing, the Grantor acknowledges that all of the Improvements are not being constructed on the I:amement Arca, and that the Project includes the 13e:tedilyd Property, and therefore, the performance bond shall not he bused on the amount of hard construction costs of the entire Improvements ur Project or any portion of the Improvemems that arc not located on the Easement Amar. 19t12rt l.atat 4 Book28180fPage207 CFN#20120480194 Page 4 of 17 Page 517 of 849 Section 9. Liam-dons Materials. Grantee is responsible for any hazardous materials found in the Easement Area after commencement of this Temporary Construction Easement, except to the extent cauved by Granter. In the event that stich hazanluus materials are found, the burden of proving that such hazardous materials were caused by the Grantor shall he upon the°rtmtee. Grannie reserves the right to test the Easement at its own expense for hazardous materials at any time during the term of this Temporary Construction Easement. The term "hazardous materials" shall mean any and all hazardous nr toxic substantxs, material, waste, solid waste,or debris of any kind as defined by the Envinstmtental Protection Agency and any federal, stale,or local laws. Grantee shall, at Grantee's sole cost and exrense,promptly and diligently complete any and all audits,assessments,clean-ups.and monitoring of die Easement Arens required by provisions of this section. Grant= shall not permit any vehicle to carry flammable. explosive, or combustible liquids into or onto the Easement Areas. This section survives the termination of this Temporary Construction Easement. Section 10. Maintenance of Improvements; Easements. Except as specifically set forth otherwise in this Temporary Construction Easement, Grantee shall be nspunsible to maintain and keep the Easement Arta in safe condition. Grantee shall have the right to clear and keep the Easement Areas clear of obstruction which might interfere with the purposes for which this Temporary Construction Easement is granted(including,without limitation.all lines, pipes or systems).Neither Grantee nor its contractors,agents or any person acting on its behalf, shall be deemed an agent of the Grantor. Additionally,Grantee shall be responsible to maintain, repair and replace the Right-of-Way in accordance with Grantor specifications. Section 11. t. terath . Grantees development and construction of the Project and its use and operation of the Faacment Areas shall not interfere with the Grantor's customary and reasonable operation of the Right-of-Way,unless prior arrangements have been made in..rating between the Panics. ectiun 12. Consideration. As consideration for the granting of the Temporary (:onstnrctiun Easement. Grantee shall pay to the G3rm►tor the sum of S397,000.00 due icon execution of this Temporary Construction Easement by both panics. 5e.aiou 13. IndrmnIfleartion Grantee shall injrrnnily and hold harmless the Grantor and its officers, employees,agents and ivstntmt-ntalitirs from any and all liability,losses or damages,including attorneys' fee_ and 4ncts of defense, which the Grantor or its officers, employees, agents or instrumentalities may incur as a result of claims, demands. suits, causes of actions or proceedings of any kind or nature arising out of,relating to or resulting from the pertormtnx of this 'temporary Construction Easement by the Grantee or its employees, agents, servants, partners principals or subcontractors or from the use of the Temporary Construction E.avemetn. Grantee shall pity all claims and losses in connection therewith and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the Grantor,where applicable, including appellate proceedings,and shall pay all reasonable costs.judgments,and attorney's fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Temporary Construction Easement or otherwise provided by Grantee shall in no way limit the responsibility to indemnify,keep and save harmless and defend the tranereognS Book281801Page2O8 CFN#20120480194 Page 5 of 17 Page 518 of 849 Grantor or its offccrs, employees_ agents and inrtrumentulities 89 herein pmvidcd. It is understood that Grantor assumes no responsibility for the personal safety of arty persons, equipment, or personal property brought into or installed upon the Easement Area, including any loss, theft, damage, or injury, Grantee shall promptly notify the Grantor of any loss, damage, injury or dealle arising out of or in Connection with the Temporary Construction Easement or occurring on the Easement Area. This obligation survives the termination of this FaoemenL $OCninn 14. Insurance. Grantee shall,as its expense.maintain at all times during the terms of this temporary Construction Easement and furnish to the Grantor Certificate(s) of insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below sL Worker's Compensation Insurance for all employees of the Grantee as required by Chapter 440,Florida Statures. b. Commercial General Liability insurance,on a comprehensive basis,in an amount not leas than 550,000,000 combined single limit per occurrence for bodily injury end property damage_ Miami-Dade County must he shown as an additional insured with respect to this coverage. c. Automobile Liability insurance covering all owned, non-owned and hired vehicles used in conjunction with this Easement in an amount not less than$500,000 combined single limit per occurrence for bodily injury and property damage. All insurance policies required above shall be issued by conipanics authorized to do bukine.s under the laws of the State of Florida,with the following qualifications' The company must he rated no less than"B"as to management,and no less than"Class V"as to financial seen h,by the latest edition of Best's Insurance Guide,published by A,M.Brat Company,Oldwick,New Jersey,or its equivalent,subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companim Authorized or Approved to Do Business in Florida" issued by the Slate of Florida Department of Insurance and are members of the I lorida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (34])days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: MIAMI-DADF COUNTY Il 1 NW 1"STREET SUITE 7340 MIAMI,FL 33128 11412 464 a,G]_{ 6 Book28180/Page209 CFN#20126480194 Page 6 of 17 Page 519 of 849 Compliance with thc foregoing requirements shall not relieve the Grantee of liability and obligation under this Section or under any, other Section of this Temporary t'onstnuction Easement Section 15. Grantees Richt to Transfer. The Easement granted herein may only be conveyed ur;art easement appurtenant to the Benefited Property and shall not be subdivided or sold separately from the Benefited pruperty without thc prior consent of the Grantor_ Grantee Any sale.assignment or transfer of Grantee's interest in this Easement shall be made expressly subject to the terms, covenants and cont itions of this Easement, and such trunsh ce shall expressly assume all of the obligations of Grantee under this Eanement and ri ee to he svbjeel to all conditions and restrictions to which Grantee is subject. In the event of a transfer of Grantee's interests in this Easement,or any part thereof,Grantee shall deliver written nt7tiee to Grantor of such transfer,together with a copy of the transfer aglecment(if applicable). Grantee, its successors, assigns,or erunsferees,shall be prohibited from transferring this Easement, or any tight or obligation thereunder,to a party that is on the Miami-Dade County Delinquent Vendor list ter Disbarment List, or its then equivalent without the prior written consent of Grantor.Upon the transfer by Grantee,Grantee shall be released from future obligations which may occur during the unexpired term of this Easement However.nothing in this Easement shall abrogate Grantee's obligation to pay any sums due to the Grantor which accrued prior to the effective date of sixth transfer,or obligations or liabilities occurring prior to the date of transfer, and the Grantor shall always have the right to enforce collection of such scans due and to enforce obligations from Grantee which accrued prior to the transfer and in accordance with the terms of this Easement unless written consent is obtained from the Grantor. Section 16, Representations And Werra lea. Grantee hereby represents and warrants to the Grantor that it has full power and authority in enter into this Temporary Com`truetion Easement and perform in accordance with its terms and provisions lend that the parties signing this Temporary Construction Easement on behalf of Grantee have the authority to bind Grantee and to enter into this transaction and Grantee has taken all requisite action and stern to legally authorize it to execute, deliver and perform pursuant to this Temporary Construction Easement Grantor neither warrants tide to the property conveyed herein nor guarantees the suitability of any of the lands for a particular use. Pon 17. Di:Aim/Meg. All terms and provisions of this Temporary Csnittntetian Easement are binding upon the parties hereto and their respective successors and assigns. Further, all terms and provisions of this Temporary Cinnstiuction Easement and all rights, privileges, benefits and burdens created hereunder are covenants running with the lands described herein,binding upon and inuring to the benefit of the parties hereto,their respective heirs,successors,successors-in-tide,legal representatives and assigns. Section 18. Constrattine. Fach party hereto hereby acknowledges that all Patties hereto participated equally in the drafting of this Temporary Construction Easement and that accordingly,no court construing this Temporary Construction Easement shall construe it more stringently against tune patty than the other. 124124641,Aw Book281801Page210 CFN#20120480194 Page 7 of 17 Page 520 of 849 Section 19. Covernine Law/Venue. this temporary COL uction Easement shall be governed by and mourned under the laws of the State of Florida. Venue for any Kellett arising out of this Temporary Construction hasement shall be Miami-Dade County,Florida. Section 20. Notices. My notices which may be permitted or required hereunder shall be in writing and shall he deemed to have been duly given as of the date and time the smite are received at the addressee's address set forth below, whether same arc personally delivered, mailed by United States Postal Service,postage prepaid by registered or certified mail,return receipt requested,delivered by Federal Express or other overnight delivery service from which a receipt may be obtsined,end addressed m follows: To Grantor: Miami-Dade County.a political subdivision of the State of Florida Public Works and Waste Management Division 111 N,W,1"Street., 16th Floor Miami,Florida 33128-1993 Fax:(305)375-3070 Ann:Director,Public Works and Wane Management To Grantee: Swire Properties 501 13rickdl Key.Suite 600 Miami,Florida 3313 t Attention Christopher Chindolfo With a copy to: Akerman Sentertut One SE Third Avenue,25th Floor Miami,Florida 33131 Attention_ Neisen Kasdin,Esq.and T.Spencer Crnwtcy,Esq. or to such other address as either party hereto shall firm time to time designate to the other party by notice in writing as herein provided Sedloa 21. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof,and no waiver of the breach of any provision of this Temporary Construction Easement shall be construed as a waiver of any preceding or succeeding breach of the same or any other provision of this Temporary Construction Pavement. Sectlnn 22. Successors and Assityg. This Temporary Construction Easement runs with the land and shall be binding upon and shall inure to the benefit of the parties hereto,and their respc:ivc su,x ssors and assigns, Section 23, Recording. 'this Temporary Construction Easement shall be recorded among the Public Records of Miami-Dade County,Florida,at the sole cost of Grantee. Section 24. Cosaeat_ Whenever in this 'Temporary Construction Eatseatent the consent or approval of the Grantor 19 required, such consent or approval,with respect to the Grantor as the Grantor shall he made(so long as the Grantor is Miami-Dada County)by the County Mayor or its designee on behalf of the Grantor and:(a)shall not be effective unless it is RC:A.41;s1B1 Book.28180/Page211 CFN#20120480194 Page 8 of 17 Page 521 of 849 in writing;and(b)shall apply only to the specific act or trenaaction so approved or cemented to and shall not relieve the Grantee of the obligation of obtaining the Grantor's prior written concent or approval to any future cin lar act or transaction. Section 25. Grantor's ltiebta as Soy vreten. It is expressly uttdersteed that. notwithstanding any provision of this Temporary Construction Easement and Grantor's sovereign status hereunder (if applicable): (a) the Grantor retains all of its sovereign prerogatives and right; as a county under Florida laws and ahaII not be estopped from withholding or refusing to iant= any approvals of and applications for building, wring, planning or development taxler present or future laws and tegulatio to of whatever nature applicable to the design. construction and development of the improvements provided for herein, and (h) the Grantor is not obligated to grant any appliestiures for building, zoning, planning or development under present or future laws and regulations of whatever nature applicable to the design, construction and development of the improvements provided for herein_ Section 74. Severability. If any provision of this Easement or the application thereof to any person or circumstance shall, for any reason and to any extern, be invalid or unenforceable,the remainder of this Easement and the application of such provision to other person or eircumstaoccs shall not be affected thereby but rather Anil be enforced to the greatest extent permitted by law_ (ltu:sainder of Page Intentivaally Blank] 124 tNfa i s•W 9 Book28180/Page212 CFN#20120480194 Page 9 of 17 Page 522 of 849 IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed in its name by the('aunty Mayor:as authorized by the Board of County Cormi&eiortcrs, and the Grantee has unused this Temporary Cunswetion Easement to be executed by its duly authorized representative all as of the Effective Date. MIAMI-DADE COUNTY,a GRANTOR political xulxdivieion of the Slate of Ploni.da ATTEST: MIAMI-DADE COUNTY HARVEY •ii IN,C in 644. a �- z mums. rn Galati By: �-1�� ° v`O- ?: By: Name: (.G1C / Name: E Art ,}e 2 Title. e-Ge r ...:...•f Tide: Deli,13 s et_ t� Approved sufficiency Print Name:f/1uCP Ls lailalef The foregoing was accepted and approved un the {,'l' day of lune ,2012,by Resolution No. R.463-12 of the Board of County Commiaaone[s of Miami-Dade County,Florida,a political subdivision of the State of Florida. ATTEST:HARVEY RUVIN, Cleric of said Board By: Deputy Clerk t24124641;010 I() Book28180/Page213 CFN#20120480194 Page 10 of 17 Page 523 of 849 GRANTEE WITNESSETH: HItICKELL CITICENTRF.RETAIL LLC A FLORIDA LIMITED LIABILITY COMPANY fU'kla Backell CiliCrntre West LLC and merger successor to Stickel! l.StiCentre East I.id'I " _. Sr j-' .. sifin cignatur of Vice Pre nt Pri punt min sig cucC . eztl_ Rar s he l re-,,0 pint mike STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this IST day of 7Ut.li: ,2012, by Chris Gandolfo, the Vice President of Brickell CitiCentre Retail LLC.a Florida limited liability company,on behalf of said limited liability company,who is personaliy known to me or has/has not produced t+1/A as identification and didr'Jacitta LIEa001 aaatli 1 r" Commit ODOK13892 1 f iY:; 9$26¢0+2 s 4 '''''''IC-3.1... : igwis roory Asn_t.e mint name Serial Numhcr Book281801Page214 CFN#20120480194 Page 11 of 17 Page 524 of 849 EXHIBIT"A•1" "BURDENED PROPERTY' TEMPORARY GONSTRUCTION EASEMENT LEGAL DESCRIPTION: A portiori of South Merril Avenue, ymg dlreclfj adjoceni to Lots 1. 2, 3, 22, 23 and 24, Block 535. 'MLOMI". according to the plat thereat, as recorded in Plot Book B at Page 41 and Lots 1 and 9, Bleck 1065. SL. k J.B- PATTE Ole AND JJ. & B.7. UNE 5UBUMSI0N, occ0rding to the plot thereof, ae recorded In Pint Book B at Page 77, and oleo c Porton of sad Lots 1. 2. 3, 22, 23 and 24, Block 53S and said Lots 1 and 9, mock 1065. of being recorded in the Pattie Records al Miami—Dade County. Florida, and berg mare particularly deecttbed os follows: Commence at the Northeast corner of Lot 4 of aced Block 106S; thanes S 8747'15' W atonal the North lino of Late I, 2, 3 and 4 of sold Block 1065, bleb being the Soman right of way ins of sold SL 7th Street for 160.97 feet to the Paint at Beginning, also being a point of curvature; thence Southeaeterly along a 25.00 redlus cure Learing to the left through a central angle of 90`0&'06' for an arc detains of 39.30 feet to o point of toroency: thence S 0716`50' E long o fins 5.00 feet East of and parallel wilh the West line of said Lets 1 and 9. Block 1065 for 234.7. leaf to c point of curvature; thence Southecelerly along a 26,00 radium carve leading to the le through a o*Mral angle el 90'06.50" for On ora diatoms of 39-32 feet to a point of cusp; thence 5 117'35.11' W for 55.05 Net; thence S 0716'50' E along the centerline of said South Miami Avenue for 5.01 feet; thanes 5 8T43'10' W for 515,00 feet to a point on a circukir curve ,lrrcove to the Northeeat Ond whose radius pole. tears N 0718'50' W; thence Northeasterly along a 75.00 radius curve IeCJng to the left through o control angle of 90'00'00' for an ore distenos of 39.27 feet to point of tenancy, thence N 0716'50' W along a line 5.00 feet West of and parallel with the East fele of Said Lots 22, 23. 24, 1, 2 and 1 Block 535 for 241.01 feet to a point of clnvature; thence Northwesterly along o 25.00 radius Sures leading La the left through a central angle of 90"06'08' for on arc distance of 39..31 feet to a point Of cusp, sold Paint lying on skid South right Of way line of S.W. 71h Street. also berg the North Una of said Lot 3, Block 535; thence N 11737'02' E along said South right of troy line of SW 71h Sliest and Norvir line of said Lot 3, Block 535 and Its Easterly prolongation IMMef for 55,04 reel; thence $ a2'Ib'SO' E along maid cerrterrne for South Miam1 Avenue for 1.15 feet; thence N 8747'15` E along said South nlaht of way line of S.E. 7th Street and North lets of said Lot 1, Sock 1065 and its Westerly prcbngotior thereat for 55.03 feet 10 the P0101 of BeginRrg. "'TIMM gyWAP r LEGAL DESCRIPTION °mtg 4/3/12 Cad`u. 111096 FOR-I-I, LEAVY, S KILES, INC. 501e NOT To SCALE eat Des a 111006 2008-114 CONSULTING ENGINEERS.SURVEYORS&MAPPERS _ REV.1 120145 FLORIDA ceir137Cn7E or n1 rrurlar7AiSDN l,4ua4eLa;aa0O3651 D414140. 1011-069-1A 1140 Nurd.rrt 1611111 Street r North hewn.heed..Florida 731.42 :FhIII 1 i) 151maD 4/3/12 W366 . `Phone O0-d53-4441 I it..303-65).7132!Mandl risnAM1wr.ey corn 44. Book28180/Page215 CFN#20120480194 Page 12 of 17 Page 525 of 849 • EXHIBIT IA-2' "BURDENED PROPERTY' TEMPORARY CONSTRUCTION EASEMENT I • IiuI COa441wE O C.......11 1 1 .,oTtl 1 lig is _i _ T _ J R rat STIQI` wINW 1-NaOWrfAOWF FWa! S; 7TH STREET 5.E- 7TH STREET, -- rumN> Yno.•7-6T11*MAONo.1:0 '1�'�7 F POINT ` gaalKwsee► 10 rOFWAY%LWisr1Th+NO-071?661as 9.16 BEGINNING N X97 .;_sanlewltr �o�uBLlcl+�rnrxwcGt ,:reit ' I:: .4r15'. �iT--gritty/7r T1 i eGa11 a! 11 -soca CP non! 1 ,1341:6 Iw1B wit o►- A-90"06'Oef 1 TOL a'LOp sac R.,25.0ty I L�i9,31' 1 ars 9.30' I p()INTiQF d1O1 IWO OF VOW LBIE OF .w TBM 511[[1 1I COMMENCEMENT - I I ".!.GLIINEI1 OF LOT 4 NIDI 11 7TICEi1TPE%Ur 1.1' I B_DOi`70.1 POPT1%L uW,BOLE9,'NC. I 1 Or14,VMG RDr61 u�1 L 0T- � OT: LOTS ' l4 1 LIJI 2 i '1 I BPI?IELL;:III:EKT*EASTLLq 1 --____ I N"11 IEM' �MMIES,P 1 'MIAMI- IWAIRI4Ci r�5.11.1-E ltsr uc or PLAT BOOK B PAC,5 41 EL=1063 I i I I I I LOII BLOCK ! 1106S I 1 __ ___ ______. 1 J.IL.,•41. ATTEF1OO AND tvC BL. (C S tom I Pup.1 sOOK:B PAG,G,77 1 ; Y/ 1 1 1 LC-�� 6, 101`1 i LOT10 'I WTI, WI t! - 1 I I --- - -- I GRAPHIC SCALE EABLADOK 5,28ST itlit ILO 8 .00. R ;j1,r �I\i li A.90:00'07 1 -•• l a la.-25.00 E..M12r I 1 bask. BB R Ce Ia.ON low 1 ray 12 WAN�!s $iI33. L-39.32'1 sruM tiE Cr I rlJ 1 ei _ a9— L 1 - • `' ' TAMAMI TRAIL ! - --_- a-i , ! SW. 8TH STREETS 5600. 6roucw("ARA;.'Rloln OF WAYI 4 I S,b1r„vio t1�..7, *.^' nrriAY►u.46E'Cfl014"•`NU""w .8rriz — I _ _ — tPU11L1C ROOT 4r wren 'Drown ) •.. , F.- - SKETCH OF DESCRIPTION ) f 1-4" 4/3/12 C44I 747. 111098 FORTTN, LEAVY, S KILES, INC. s''` 1"-50' Ref Fft, 2006-114 CONSULTINC ENGINEERS,SURVEYORS&MAPPERS 'r`6'h14 111096 REV.1 120145 I LOP1DA CE TLP1CAT5 OP AUTHORrZATI ,.1 UMNI:IS:twouatisa D..*No. 1011-099-1A Ian 34...i1. 4 16511,Soen(!N.,,th MI0®i poach,F41r4a 33162 ,..5.4* 3 6 ;i"Ie6: t- 4/3/12 360 ) ,Phone w1,-431-4441,r. 301-611-'111: n .c . F.+..it acG*In" .rv.4. orn Book28180/Page216 CFN#20120480194 Page 13 of 17 Page 526 of 849 EXHIBIT"B-1" (1of2l `fcFNf HIED PROPERTY- east Pared: Lots 1,2,3,4,5,6,7,9,10,11,12, 13,"1 and 15,in Block 1065,of 8.1..&1.R.PATTERSON ANT)IF_ &B.T.OLIVE SUBDIVISION,according to the plat thereof as recorded in Plat Book B.at Page 77.Of the Public Rccoe+ds of Miami-Dade County.Florida LESS: Those pardons of Lols 1,9,19,11, 12, 13,14 and 15.Block 1065,of S.L.&J.B.PATTERSON AND LP.&B.T.OLIVE SUBDIVISION,according to the plat thereofas recorded In Plat Book B.at Page 77, of the Public Records of Miami.Orde County,Florida,lying in Section 311,Township 54 South.Range 41 East,and more particularly de cubed as follows: BLAIN at the Southwest corner of said Lot 9;'Nuance run N 02°76'51"W along the Westerly Boundary of said Lots 9 and 1,for a distance of 299.90 feet to the point of intersection with the Northerly Boundary of said Lot 1;'thlence nun N S7°47' 15"E along said Northerly boundary of Lot 1 fora distance of 30.03 feet to a point of cusp and curvature of a circular curve concave ave to the Southeast and having a radius of 25.00 feet and a tangent bearing of S 87'35'49"W;Thence turning 180`,run Westerly,Southwesterly and Southerly along said curve to the left through a crural angle of 90'04'06"for an arc length of 39,30 feel to a point of tangency on a line that is 5.00 feet Easterly and parallel with the liVesterly Boundary of said Lots I and 9;Thence run S02°16'S1"E along said line that Si 5.00 feet Easterly and parallel to said Westerly Boundary of Lula l and 9,for a distance of 234.80 fed to the point of beginning of a circular curve concave to thc Northeast and having for its elements a radius of 25.00 feet and tangent bearing of N92°16'51"E; Ihenoe rue Southerly,Southeasterly and Easterly along the arc of said circular curve to the left,through a central angle oi'90'07'20"for an are di osnue of 39.32feet to the point of tangency and a point on a line that is 15.00 feet Northerly and parallel with the Southerly Boundary of said Lata 9, 10. i I,12,13,14 and 15;Thence run N 87°35'49"Ii along said line that is 15.00 feet Northerly and parallel to the Southerly boundary of Lots 9,10,11,12,13, 14 and:5,for a distance of 319.95 feet to a point on the Easterly Boundary of said Lut 15;These tun S 02°I6'SI"E along said Easterly boundary of said Lot 15,for a distance of 15.00 fed to the Southeast Corner of said Lot IS;Thence nut S 8795'49"W along said Southerly boundary of Lots 9, 10,11, 12, 13, 14 and 15,for a ditdance of 350.00 feet to the POINT OP BEGINNING. TOGETHER WITH; West Pared: Lots 1,2,3,in Block 535,of AMENDED PLAT OF BLOCK 3RA AND THE NORTH 1/2 OF BLOCK 535 CITY OF MIAMI,accosting ter the plat thermals ra:urdud in Plat Book I,m Page 74,of the Public Records of Miami-Dude County,Flotida. AND Lois 4,5,6,7,8,9,16,17,18, 19,20,21,22,23,and 24,in BIQA 535,of MAP OF ML4MI,DADE CO, FLA., actxmling to the plat thereof as recorded in Plat Book B.at Page 41,of the Public Resootds of Book28180/Page217 CFN#20120480194 Page 14 of 17 Page 527 of 849 EXHIBIT"B-1" (2of2) Miami-Dade Cvwety,Florida;LESS the South 10 feet of the west 55 feet of said Lot 22 end LESS the South 10.00 feet of said Lots 16,17,1L19,20.21 and 22. The East 50 feet of Lots 10, 11 and 12 In Block 533,AMENDED PLAT OF BLOCKS 33A AND THE NORTH HALF OF BLOCK 533 CITY OF MIAMI, acccrdtng to the plat thereof as recorded in Plat Bock I.at Page 74,of the Public Records ofMiatoi-Dade County,Florida. AND The Fact 50 feet of lots 13,14.and 15,Block 535.MAP OF MIAMI,DADE CO,FI.A,according to the plat thereof as rocord.ud in Plat Book B. at Page 41. of the Public Records of Miami-Dacic County, Florida,less the South 10 feet thereof LESS THEREFROM The Fit S feet of Tats 1,2,and 3,m Block 53S of AMENDED PLAT Of BLOCK 38A AND THE NOWI1i Fa OF fl1..tX1K 53S CfDY Of MIAMI,according to'Chaplet thereof as recorded in Plat 134..sk at Page 74,of Public Remade of Miami-Dade County,Florida, LESS ALSO The East 5 feet of Lots 22, 23, 24 Block 53S of Al. KNOWLTON'S MAP OF MIAMI, as recorded in Plat Book B,Page 41 of the Public Records of Miami Dade County,less the South 10 feet of said Lot 12, LESS ALSO All that part which lies within the external ares formed by a 25 font radius curve concave to the Southwest,tangent to the West line of the East 5 fcct of acid Lot 3, Block.53S, and tangent to the North line of said Lot 3,Block 53S, LESS ALSO All that part which Ha; within the external arca foamed by a 25 foot radius curve concave to the Northwest,tangent to the Wert line of the East$feet of said Lot M.,Nock 533,and tangent to the North line of the South 10 feet of said Lot 22,less that portion previously dedicated for right of way. Book281801Page218 CFN#20120480194 Page 15 of 17 Page 528 of 849 EXHIBIT13-2' fl OF 2' "BENEFITED PROPEATY' iI i 1 . J ,�` 4–�....._1___L_ 1 L J I S.E. 7TH STREET -- - — ,.IINIr u MYIY 1. ,,...riac1?,„n 6nlo-lwl, –, » Ab I.I.F I,WrIT NMY. — I 1 I ( z I ! '1 4 S. I l$ _ iri__L_ 1 _' 2 . 4 , t ak . ' "41141:4110441117!' .11F, ' . ' .ficIAN -1141/4NNIII : kihi ik. +�� -i,=---v . iiii R `, is -it"' 4&HIAII4 41.11. klk b7" *top*, iko 6:04A 1 . ilai bki,y NIL ,. a R , ' , , ,i _. ... _ .. .. . , ... . ---.e....&:6,-... TAMI.AMI TRAIL 0110^r Q IMV MV!PEC 10.4 Yc1 supe.]z a...t,MOR a.Y.Yi --- N r,' - -7-- I -1 . d" tot unf L01+ I ICr4 Wei 114A��+E,[ f II�.BLOCS. Patecau a41 Old.MI r 109& I F ORM, —-— 1 j _ Lavv S Ic tiEs;nvc, I _ i L?•1 t 4 00NSULTfNO Eh;GINRFRS,SURVEYORS&MAPPERS I W' 11.198 poY.l 20:15 I FLORIDA ClutlIFICATE 6F ALIfl R]ZAI-IcJN M1M nL:R:oaouaa+� _ r A( Morthwrt 16Beh snow i`7a.Yh MI .i H.. i,,PIarIW 33 i KY F�'i M* 10 1-or.9-TA r..y —— 1 _ 1-�� 11 - ?�14V1:Fait ,__1711.? xn..Ii n ulna=Sv a �.n 1 at b N•imimm__ Book28180/Page219 CFN#20120480194 Page 16 of 17 Page 529 of 849 OR BK 28180 PG '1220 LAST PAGE EXHIBIT 13-2" (2 OF 2) 'BENEFITED PROPERTY' 1 ti li 1 -- .. _ .�.- — — wYf yjrf Y..aY•-YN-'^� ata•M 11 - . .efw ra . r1 , 1— 71 -, •; f i r+e] { I ty o-- — *71% rte—1 4% 4f, 1 ,1ak' R. 1�. , �! • X11 • .s.. a, _ "--: i; le It �"'+, :. iI, i; } . ,. I 4' o 1Ait • s .11 ,,f ,moi .,,, ,' , � .`''It' `.a; • I - _ TAMIAMI TRAIL —171 — *LW. F.-Di $TflkEr ¢_ .o a.a 1, r i _. - -----------------------------------/ yY ,—* 'IQ'U.-3t1aA�t¢i� J� .I I, -----7,r Z—I- I '"�Iabta I : "� 1 II I 1 .. • Q Aewar y,a 7ON Y. 'l tam a/.5�t2 AAP �.{CSt/V t4/)3►SKETCH I `f I Cat M` 111396 I FORTIN, LEAVY, S KILES, INC. 11'4 I. -^s'Rot Dos, o ...14 CONSULTING F.NOINEERS,SURVEYORS&MAPPERS fib.J,d 111"96 RET '201+5 I FLORIDA GF.RTIFILATBOPAUTHORIZATION NUMBER:OOR7.i637 I[)Inp 1011 O}F;: I` I el)KaedMaat L6B.b 9aee.'Nord.M.a]ni Rrd,.Fl,a1W 131162 R.a..*. V.3/.:.' E Y'.__,• Thaw,NOS-s%.l-r4V,1/For.3433-531-7>as,Mead ia3dl54 *'.en] Sheet 4 of 5 Book281801Page220 CFN#20120480194 Page 17 of 17 Page 530 of 849 COMPARABLE SALE NUMBER 14 -PERPETUAL AERIAL EASEMENT (PEDESTRIAN OVERPASS) r '-• . ; ,,,' + - ' t -. ... Zft iit:-- -....1,17 , :ill, S •ten „ _ tom 1- e-t ' ' ,y 1 _ 74. i .ry '11 `•]{r' 4-- ' h. A " 11114W i ~, N. ' - + - - a .- Y a-`pry • • 4, t• r_ 4 _, . fl --- ` . , ....,._. iti „, {, ,, , , , , , i v °,.. a�... tr ifTom•_: C` t1 V"1 h Y 7 �' Y t ! --1 '1 t a, Kr-- __ 1 4 ' }` T s .'ti.kms, ! ' v, A II ii si ,1". '; - , v .4. - ,Liur : iii,Li, ‘. , , __,..0 , .. 4 i ,, 2, if 1 I r RECORDED: Miami-Dade County OR BOOK 28251 PAGE 3050 GRANTOR: State of Florida, Department of Transportation GRANTEE: Brickell Citicentre, LLC DATE OF SALE: August 23 , 2012 (transaction date) DATE INSPECTED: July 23 , 2019 Page 531 of 849 COMPARABLE SALE NUMBER 14 -PERPETUAL AERIAL EASEMENT (PEDESTRIAN OVERPASS) Continued SITE SIZE/DIMENSIONS: 4 , 250 Square Feet of aerial easement area Irregular- see deed for sketch TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $255, 000 UNIT SALE PRICE PER SQUARE FOOT: $60 . 00 per square foot of aerial easement area (60% or a value of 40% of the fee land value for diminish utility adjustment) TYPE OF INSTRUMENT: Perpetual Aerial Easement FOLIO NO: Adjacent to these folios-01- 0210-060-1010, 1011, 1030 , 1210, & 1220 LOCATION: Overpass- Located over Southeast 7th Street, approximately 75 feet east of S . Miami Avenue, in Miami as part of the Brickell Citicentre project, Miami-Dade County, Florida LEGAL DESCRIPTION: See attached deed for complete legal description. Aerial Parcel over SE 7th Street . ZONING: T6-48B-O-O, Urban Core Zone, Miami 21 Zoning, City of Miami Page 532 of 849 COMPARABLE SALE NUMBER 14 -PERPETUAL AERIAL EASEMENT (PEDESTRIAN OVERPASS) Continued LAND USE: Restricted Commercial within Urban Central Business District and in the Brickell overlay district with a residential Density Increase Area (500 units/acre) PRESENT USE: Portion of roadway aerial easement to be utilized for a pedestrian overpass as part of the Brickell Citicentre Project . HIGHEST AND BEST USE: Assemblage and or mixed-use development CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . TYPE OF IMPROVEMENTS: Mixed use development under construction known as Brickell Citicentre . UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Easement for construction of a pedestrian overpass connecting two multi-story buildings as part of the Brickell Citicentre project . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available Page 533 of 849 COMPARABLE SALE NUMBER 14 -PERPETUAL AERIAL EASEMENT (PEDESTRIAN OVERPASS) Continued NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This transaction consists of a perpetual aerial easement for a pedestrian overpass structure extending over SE 7th Street with an elevated trellis (Climate Ribbon) providing shading, solar energy and water collection. This easement will connect two multi-story buildings . The top elevation is 100 feet and the low elevation is approximately 25 . 3 feet . The per unit value of the easement area was negotiated based on a downward diminish utility adjustment of 60% therefore reflecting an adjusted easement area value of 40% of the fee land value . The fee land value is reportedly $150 per square foot based on an independent appraisal . Therefore, the unit price is $60 . 00 per square foot of aerial easement area . PHOTOGRAPH OF COMPARABLE SALE NUMBER 14 !--1'-‘ ,� i ; / ? 0 , . s VW� {J* I ., , — 4 .a... % .'- r , 1 Air i J / IIIitr -- - yak ti:.4._ -ii e ; ROAD ` CLOSED 1, ii i View of Property looking northerly from SE 8th Street TAKEN BY ROBERT MILLER ON AUGUST 13 , 2015 Page 534 of 849 iiP"r111111111111111 11111I111iBillUflilli GF I4 2O12R061648C UR al; 28251 Pss 31)50 - 3059; OOP's) RECORDED 08/30/2012 15,55:46 DEED DOC TAX 1.530.00 SURTAX 1,t41.50 HARVEY RtAiIN, :LERK OF COURT t11AMI-RADE COUNTY. FLORIDA This instrument prepared by, Item/Seg No.: 2486371 or under the direction o , District: Six Alicia Trujillo, Esq. SR No.: 90 District Chief Coun County: Miami-Dade Florida Department of Transportation Parcel No.: 4882 1000 N.W. 111h Avenue Miami,Florida 33172 PERPETUAL AERIAL EASEMENT SR 90/SE 7`"STREET PEDESTRIAN OVERPASS THIS PERPETUAL AERIAL EASEMENT("Easement") made this 23`' day of A ,2012, by the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,Grantor,to BRICKELL CITICENTRE LLC, a Florida limited liability company.as trustee("Trustee") under the provisions of that certain Land Trust Agreement dated as of July 10, 2012 and known as Trust Number BCC-2012,Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the Grantee, its successors and assigns, a perpetual easement over, upon, and through the area described below (the 'Perpetual Easement Area-, for the purpose of constructing a pedestrian overpass and for an elevated trellis, known as a "Climate Ribbon,' providing overhead shading. water collection and solar energy, (collectively, the "Improvements"). The Perpetual Easement Area is described as follows: See Exhibit -A"attached hereto and made a part hereof TO HAVE AND TO HOLD the said premises unto the Grantee, subject, however. to the following conditions: THAT this Easement Is granted until such time as the Improvements are demolished, removed or reach the end of their life: in that event, all rights granted in this Easement shall revert to the Grantor. THAT Grantee shall be responsible for all inspections, maintenance, repairs, and replacement of the Improvements, keep the same in a safe manner and in good repair and state. THAT Grantee shall promptly repair any damage to the Perpetual Easement Area and/or to SR 90/SE 711 Street, resulting from Grantee exercising its rights and obligations under this Easement. THAT Grantee will indemnify and hold Grantor harmless from any and all damages and/or liability, claims,demand,and suits of any nature associated with, or resulting from. Grantee's activities, construction,and use of the Perpetual Easement Area, Page 535 of 849 Item/Sag No.: 2486371 District: Six SR No.: 90 County: Miami-Dade Parcel No,: 4882 THAT Grantee shall, at its own cost and expense, maintain at all times during the term of this Easement, insurance coverage which meets the requirements outlined below: a. Worker's Compensation Insurance for all employees of the Grantee as required by Chapter 440, Florida Statutes, b. Commercial General Liability Insurance, on a comprehensive basis, in an amount not less than $50,000,000 combined single limit per occurrence for bodily injury and property damage. The Florida Department of Transportation must be shown as an additional insured with respect to this coverage. c Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in conjunction with this Easement in an amount riot less than $500,000 combined single limit per occurrence for bodily injury and property damage. All such policies shall be issued by companies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified unless the Department is given at least sixty(60)days prior written notice of such cancellation or modification_ Grantee shall annually furnish to Grantor Certificata(s)of Insurance which indicate that the required insurance coverage is current and naming Grantor as additional insured. CERTIFICATE HOLDER NEEDS TO READ: Florida Department of Transportation Right of Way Administration 1000 NW 11111 Avenue, Room 6105-B, Miami, FL 33172 THAT the Grantee shall comply with Grantor's permit requirements, if any, for the construction, installation, and maintenance of the Improvements in the Perpetual Easement Area. Additionally, all Improvements shall be constructed in accordance with local governmental codes and ordinance as may be required. THAT if the Easement ceases to be used for the purpose described above,the Easement shall terminate, and Grantee shall remove, and bear the cost of removal, of the Improvements erected or constructed by Grantee in the Perpetual Easement Area, THAT the provisions of this Easement may be enforced by all appropriate actions at law and in equity by the respective parties. Page 536 of 849 ItemiSeg No.. 2486371 District: Six SR No.: 90 County: Miami-Dade Parcel No.: 4882 THAI the execution of this Easement does not contract away the State of Florida Department of Transportation's rights under the law to condemn property for a public purpose. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. This instrument may be amended or modified only by written instrument, executed and acknowledged by the parties hereto or their successors and assigns. and recorded in the Public Records of Miami-Dade County. Pursuant to Section 689.071 of the Florida Statutes, full power and authority is hereby granted to Grantee as Trustee to protect. conserve, sell, lease, encumber or otherwise to manage, dispose of and deal with the easement estate and other property rights described in this Easement. Trustee accepts this Easement solely as Trustee under Land Trust No. BCC-2012 and not individually,and Trustee's liability hereunder shall be limited to the property of said Land Trust, and to the provisions of Section 736.1013, Florida Statutes. THE REMAINDER OF CHIS PAGE INTENTIONALLY LEFT BLANK Page 537 of 849 • Item/Seg No.: 2486371 District: Six SR No.: 90 County: Miami-Dade Parcel No.. 4882 IN WITNESS WHEREOF. the said grantor has caused these presents to be executed in its name by its proper officers(hereunto duly authorized.the day and year first above written. ATTEST: \ • W STATE OF FLORIDA (type/print name)' - r, E tt DEPARTM- T • TRANSPORTATION ATTEST:,h2._ �- ti, By: A (typelprint name �t� 4./ :fps (typelp t a e) Gus Pego, P.E. Executive Secretary Distrl Six Secretary •r; (Affix Department Seal) State of Florida County of Miami—Dade The foregoing instrument was acknowledged before me this 23`1 day of AiJiu54 2012, by Gus Pego, District Secretary for District Six, FDOT,wtjo is personalty knoweito me,or has produced as identificatio . dri10%14'R414 Shift.,74 r.orola ';e Har8 PBI ME� Be OBS-tt,'2C,�2 rca*gttrZ 77 Notary Hien and for the County and State 'Ypn� mentioned above (Affix Notary Seal) My Commission Expires O`f/I"1/f26112 r Page 538 of 849 EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION:Aerial Parcel over State Road No.90 A portion of S.E. 7th Street, lying directly adjacent to Lots 2, 3 and 4, Block 1065 and Lots 10. 11 and 12, Block 107S. Si. & J.B. PATTERSON AND J.F. & B.T. (RIVE SUt9DNMStON, according to the plat thereof, as recorded in Plot Book B at Page 77, of the Public Records of Miami-Dade County. Rondo, and being more port'cutorfy described os follows: Commence at the Northeast comer of Lot 4 of said Block 108S; thence S 87'47'15" W along the North line of Bald Lot 4, Block 106S, also being the South right of way line of said S.E. 7th Street for 41.50 feet to the Point of Beginning; thence continue S 874715" W along the North line of said Lots 2, 3 and 4, Bieck 1065 and South right of way line of S.E. 7th Street for 85.00 fest; the following three (3) courses being at right angles to the previously described course; 1) N 02'12'45" W for 50.09 feet; 2) thence N 8747'15" E along the South line of said Lots 10, 11 and 12. Block 1075. also being the North right of way line of said S_E_ 7th Street for 85.00 feet: 3) thence 5 02'12'45' E for 50.00 feet to the Paint of Beginning. The above described perimetrical boundary being between elevation +25.3 feet and +100.00 feet. relative to the Notional Geodetic Vertical Datum of 1928. FoRTLN. LEA'V Y, S r 11.ES. TNC. r Florida Department of Transportation.District VI CONSULTING 73NcENEERS.SURVEYORS*MAPPERS Item Segment No.: 2486371 rs%±war. AIT*I.r,...x..raDr4 wwsr.ss aso x .m .r « u .....w.u.. .n /N •••••••,..,�...,�...r... . State Project No.: 87120-2513 rl.o.. aas�s.9•�.r:...•-->,m-sae-71.92 r Emma ewin--•--�r�w»Y Federal Project No.: N/A Drown $p star:, BeeDws,2006-114 Date 2/23/13 State Road No.: 90 Cad ND. 111098 lob Na. 120145 Seale NOT TO SCALE County: kliami-Dade k Pkatted 0/2oLL12 10±Sea D * Na 101 t-ase-2e Parcel Na:4882 Sheet 1 of 6 Page 539 of 849 EXHIBIT "A" SURVEYOR'S NOTES & CERTIFICATION SURVEYOR'S NOTES: - This site Iles In Section 1, Township 54 South, Range 41 East, City of Miami, Miami-Dade County, Florida- - Bearings hereon ore referred to on assumed value of N 02'16'50` W for the City of Mioml Monument Line of South Miami Avenue, os shorn on Right of Way Map for U.S Highway No, 41 (Stole Rood No. 90), Section No. 87120-2513. Sheet 8 of 9, dated 1/23/84. - Lands shown hereon were not abstracted for easements and/or rights-of-way of records- - Lands shown hereon contoining 4.250 square feet, or 0.098 acres, more or less- - This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon. - Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2o08 111 - Roof overhang not located unless otherwise shown. - Improvements shown hereon are as of 4/29/11, based on Fortin, Leavy, Skiles, sketch 02008-114-E. - Underground improvements and/or underground encroochmente not shown unless otherwise indicated. - Elevatione shown hereon are relative to the Natwnol Geodetic Vertical Dotum of 192g. SURVEYOR'S CERTIFICATION. I hereby certify that this "Specific Purpose Survey' woe mode under my responsible charge on February. 23, 2012. and meets the applicable codes as set forth in the Florida /drnlnistrotrve Code. purauont to Section 472.027, Florida Statutes. 'Mot wted wooer the spmtule surd IN ol(ylal raaend anal rA a Florida LbeneedSd Surveyor and Mapper' FORTIN,LEI /Y SKf LLE S, INC., Daniel C. Fortin, For The F1rm Surveyor and Mapper. 1.52953 State of Florida. • 'FORTIN, LEAVY. S R ILEs, LNC." r Florida Department of Transportation.District VI orwautsiNC 8140/NSBRs,SURVEYORS&MAPPERS Item Segment No.: 2486371 e'aaron`-EIrza1CATSv"nrn'ncwtoz'eTrm'°rtn'®ca:00017,1:1 State Project No.: 87120-2.1_7:13 1410. ,.. ..a..e�Siwe,rfaete K.ee.f....r..�,...,., as,.2jl 303-04,3.-444r..I Pa.105-651-7352 Eema.anloru.......-.-- Federal Project No.: N/A Drawn —ByY MIP Rat- Dn.200E-114 Date 2/23/12 State Rood No.! 90 Lod Deo. 1 hose lob ,r0. 1$o tet! .Se.s.NOT TO SCALE County: Miami-Dade `Platted er/ t2 toleee Dry 1Jo-1011-056-28 Parcel No:4882 Sheet 2 of 6 Page 540 of 849 • • EXHIBIT "A" SKETCH OF LEGAL DESCRIPTION ® L 0 C K 38A I , .4 wr if IA uNe B 1.-o RIK 1 11275, .,1 ulr l= -- torsiJ ti 71X MIT.' ,r. 4Tt6'E . ' 7 TIN Cr mom \''',._81.00,", Or S.W. 7TH STREET m`mmb, lr[ S E. 7TH STREET N.B.HEYOS Of NO.41•KTAITI HOOD 140.W61 r-1'i ISR KCGTUINW].wrlltDas101 i rol TS R S. •71 a/ 86.1 0- my NEW rre►rr WArl � � 1 01. moot vas I ta�111 ul[ • I POIN11 OF LOT 3 soo EIS 26.00'1s rensBEGINNING �' I POINTIOF to u rn1i MEET� 1 It I �O NGEMENT -- --- li It LOC I woa4or LOT. iwpaai amcelreE war LIE y) l"FEEZwiltareiriLEE 1 I I LW1 WTI LOT 1A14 Kara [[[f��e I 1 I �fnrt mgutl �5.Oe' 1 gnu 11/E I I I I I 10T, ( Z 1 I I PUTBOOKB PAGE 41__�_-I ` 'I -_____ -J.. ,I'--- -�-- -- '1 -i' -- D.I.I4.d.PATTER904 AND i BLOCK- ate.a wrlauve eueow+aroN I pocrillnct«.a PAt*l77 1 I 21 i I I LEENI it {MS lafe lln.l � IDf12 I _ H GRAPHIC SCALE 9e 4D 6.10/i1*I o'h ens SR I § I l `eeJ 1 o LOT a5 ' 1,11 T I f 11 ( a+ Pte, 1 N 1 i Knob - 80 E. .--.---._--. �� I won.malt or fur use I f0F EC♦1 STIIrt7 Lows LIME Or 1AMY sae I ` I Rwule NW i shin uIr ar I 1 • o Lcr� - aae/1� _ c Enna. ,1 I ��� 1� SG��1 1 -+I I _� __' �_------ TAMLI TRAIL g AM -OW. STH $TREEY$ K " , ' YOo.,n+w nuKLD ggFfOfWAV! sApHsooTIlr WV WNit" - � — s' — "plOgglfl Pr �7 FORTIN. LEAVY. S KIT-ES, INC-} Florida Department.of Transportation,District VI 1 CONEC7LTm70 11N0D7.2SaRS1.SURVEYORS&MAPPERS 3 Item Segment No.: 2486371 FLOILLI3A.OL01.2r)Ca n or..vrSM]suscAf Ob4 v>_•a®an:c000TRs, 1e0 Tiferdsom.IMM Mr.....Worth 1411.m1 Demob_ ,y..41,1State Project No.: 87120-251 3 wnnn..:340.5-633-4405 I v__10114 III-7I i1/wm.n fl•0¢1:1=4ry.o®I Federal Project No.: N/A Drawn Ry MAP R*I Dug.700a-1 t4 Date 2/23/12 State Road No.: 90 Cod We. 111096 Jab No. 120145 Sant r-so' Cnrnrty_ 6ami-Dada `Ptottid t/so/12 1E E24 [Dwir No.1 of 1-o96-213Parcel No;4882 Sheet 3 of 6 Page 541 of 849 EXHIBIT "A" LOCATION SKETCH 1110, 1111 SE 7111_&Neer_ ..y..irk.,3:1 _,„.,jemmy 1eth(EISET _ _ � < SW 9u+STREET r se ahslt»T �� lilt.i g ' _. . ,,„ . ...,..„, _____ i 1,1,1 , _,_r IFORTIN. LE.AvY. SKILES, INC Florida Department ofThenxpottatioa,DistrictVl c03ISULTm *EucxNtiER.S.SURVEYORS&MAPPERS item Segment No.: 2486371 P LA crnn..awY1li OW wvrIOo.'UZ'"'oe'r 1.MINA '(WOWS e No.: 87120-2513 A.xtimer as 1 dates esro.e,a cormmmahw s . . r .o- +. e.. + 1 ea Spate Project pt...,as 3..4493/Pax spa-e31-?t 2 r Emma amae..ee...,....d Federal Project No.: N/A Draws al PAV leer. Dm.2006-114 Date 2/23/12 State Road No.: 90 Cad Na 111006 Job 1Ro. 120145 abrleNOT TO SCALE County: Miami—Dade .1'11a_ tied i20/12 llVila I Brig No.1011-096-261 Parcel No:4882 Shed 4 of 6 Page 542 of 849 EXHIBIT "A" 3-D SKETCH OF LEGAL DESCRIPTION �,� AERIAL PARCEL OVER STATE ROAD NO.90 �_ -.„, TOPaFlrrrrav • k� �je �4- 1”— ,100sFEET NMI' .eafr, ....",:zwe'..:,4. 4:::7<7.7„..- .....1/4.,.."-....sre...„.... .,N„).„„c""---, .,..,, /4.1%47:7_,„>,,c.,. .'4.cir ":" --'''•-•. ,--. < *c4'5%r- i % 'rte /r 1p.. .. +813 F881(NOVO') `� , 4 \-7\- r' -,.co- ,j' r Ar3„r ice' �� g49 r ' r /' Jam, _-�' id Oma r '-C ` !''f '' ' ' r 4 `f /� `Oxjd <@T1� i'' 1 )` ' • T4T ' r'F ,:,f l +� \�w� Florida Department of Trans tion,District VI ‘ 'FORTIN, I-.BAVY, S KTLIrS, INC, V�'� CprtSUIrr o ENCINEE.R5.stmmtrYUtPR&MAPPERS idem Segment No.: 2486371 AwMu ~ . ��-9 � .s,, wats .i.isab.e sMares i wA. State Project No.: 87120-2513 rboow.e0.1.151-4401 r Fix son-eit-'rises,nm.0 nsios.......r...... Federal Project No.: N/A Drawn By ANP BEM Dn.200e-114 Data 2/23/12 _ State Road No.: 90 Clod No. 111096 Job No. 120145 ScetaNOT TO SCALE County: Miomi-Dade J3o06ed 6/20/14 1010o 1 a*a No.1011-0941-213 1 Parr.eI No:4882 Sheet 5 of 6 Page 543 of 849 OR BK 28251 PG 3059 • Le f PAGE EXHIBIT 'rA" SKETCH OF LEGAL DESCRIPTION some di ilE1NULlp9K � =---_ - S.E. 7TH�� -- - — - STREET2 .0 g N W �-. "r —--"� f , ' 1 I 1 '2 I 1 Zi �i « Qal' L'yr PP\ I 1 I 1. fir 1 / u ,wari,, ] 1 W war ; 1 pQ J P n ....., ] - N ��'� ' i I S.L.$.L.&'J.B. PATTERSON AND 25•001 25.00 1 i J.F. & B�'T. OLIVE SUBDIVISION PLAT BOOK BPAG77 I lOT2 LOT i LOT4 S.t3U' 1 � ] 1 GRAPHIC SCALE � ao 40 00 i��I'o I ` 6IM= 1 AN " ( at T ?) I incb = 40 ft. r4" "FOR-riN, L,EAVY, S KT LES. rNG_1 c Florida Department of Transportation,District Yr.." c20041SULT04018140Effnats,sURvEvrout&MAPva¢s Item Segment No.: 2486371 FLOMM.®TWacnalr or,.ur.aa.c.r..aa.x.Tar.m...000036,6 State Project Nu.: 87120-2513 Tau, .&.a.10,1101,SYaaa/DTm..wink... - m...�...Ma la. ] pigaw-e9w.4avarsa30540I-visarlim.uflow am. Fedma Project No.: N/A _prawn By tme Me Dzi.200e-114 Date 2/23/12 State Road No.: 90 Cad 17o. 1110D6 Jab No. 120145 Seale 1`-40' I County: Miami-Dade `PfottId 4/20/12 taboo ]Dns No-1011-096-28 )1 Perccl No: 4662 Sheet 6 of 6 Page 544 of 849 COMPARABLE SALE NUMBER 15 -PERPETUAL AERIAL EASEMENT (PROTRUSION STRUCTURES) ! -17.-' 'I "- ••=-i P----- - .1 r 1.11 41. � •`19 ! Ly . ' rr` ^ fit. ti ,5 n• . F , r, IC..._ } _! y 1 o. —4..;;,4.4 -I. - , . .. 1 E 7111 _-. ^ .�' _ lis I }�yy ` i �~ r#ll 1� . —i `4L. i f "`Y AArie 1110 I..o ot i\I, • *` --•, - 1 e j, ;will A , r ,01 RECORDED: Miami-Dade County OR BOOK 27403 PAGE 4635 GRANTOR: State of Florida, Department of Transportation GRANTEE: AR&J SOBE, LLC DATE OF SALE: October 12 , 2009 (transaction date) DATE INSPECTED: July 23 , 2019 Page 545 of 849 COMPARABLE SALE NUMBER 15 -PERPETUAL AERIAL EASEMENT (PROTRUSION STRUCTURES) Continued SITE SIZE/DIMENSIONS: 1, 157 Square Feet of aerial easement area Irregular- see deed for sketch TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $92 , 600 UNIT SALE PRICE PER SQUARE FOOT: $80 . 03 per square foot of aerial easement area (50% or a value of 50% of the fee land value for diminish utility adjustment) TYPE OF INSTRUMENT: Perpetual Aerial Easement FOLIO NO: Various portions of this folio- 02-4203-352-0001 LOCATION: Protrusion Structures located on various portions of the property located in the northeast corner of Alton Road and 5th Street, in Miami Beach as part of the Shops at Fifth & Alton, Miami-Dade County, Florida LEGAL DESCRIPTION: See attached deed for complete legal description. ZONING: CPS-2 , Commercial Performance Standard, General Mixed-Use, City of Miami Beach Page 546 of 849 COMPARABLE SALE NUMBER 15 -PERPETUAL AERIAL EASEMENT (PROSTRUSION STRUCTURES) Continued LAND USE: CPS-2 , Commercial Performance Standard, General Mixed-Use, City of Miami Beach PRESENT USE: Protrusion structures, perpetual aerial easement as part of the Shops at Fifth and Alton Project . HIGHEST AND BEST USE: Mixed-use development CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. No apparent effect on price . TYPE OF IMPROVEMENTS: Protrusion structures as part of the improved Shops at Fifth & Alton retail project . UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Protrusion structures, perpetual aerial easement as part of the Shops at Fifth and Alton Project . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A Page 547 of 849 COMPARABLE SALE NUMBER 15 -PERPETUAL AERIAL EASEMENT (PROTRUSION STRUCTURES) Continued EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This transaction consists of a perpetual aerial easement for protrusion structures consisting of solid canopy and decorative balcony components protruding on the right of way for Alton Road and 5th Street . The protrusions along 5th Street have different shapes between 2 ' 2" to 9' 2" at various levels . The per unit value of the easement area was negotiated based on a downward diminish utility adjustment of 50% therefore reflecting an adjusted easement area value of 50% of the fee land value . The fee land value is reportedly $160 per square foot based on an independent appraisal . Therefore, the unit price is $80 . 03 per square foot of aerial easement area. PHOTOGRAPH OF COMPARABLE SALE NUMBER 15 �if r •.1 t qMIVONOlir -*PP 111111111111111W ti ( L' • 41L7 .11‘ TAKEN BY ROBERT MILLER Page 548110849 !111111 11111 11111wit 111116111 1111 1111 CFN 2O10R0587275 OR bk 27403 Pim 4635 - 46411 Moss! RE!O OED 08/30/2910 15:45:38 DEED 00C TAX 535.60 SURTAX 416.70 HARVEY RUVINr CLERK DF COURT MIAAI-OAK 011IINTYr FLBRIDA This instrument prepared by, or under the direction of Item/Seg No: 248858 Alicia Twiillo,Esq, CO. SR No.: AlA&907 District Chlef Counsel County Miami-Dade Florida Department of Transportation Parcel No• 4270 1000 N.W, 111h Avenue Miami,Florida 33172 PERPETUAL AERIAL EASEMENT THIS EASEMENT made this i 2. , day of ,2009.by the STATE OF FLORIDA, DEPARTMENT OF TRANS RTATION, grantor, to the ARIL) 506E LLC.,and its successors h title,grantee. WITNESSETH. That the grantor for and In consideration of the sum of One Dollar and other valuable consideration paid,the receipt and sufficiency of which is hereby admovledged, hereby grants unto the grantee,an aerial easement described in Exhibit'A' See Exhibit"A'attached hereto end made a part hereof TO HAVE AND TO HOLD the said premises unto the grantee, subject. however, to the following conditions: THAT the easement Is granted until sect,t'ma as the exiting improvements encroaching onto the right of way(Existing Improvements)afe demolished, removed or reach the end of their fife; in that event, all rights granted in this aerial easement shall revert to the grantor, THAT grantee shall et all times keep grantor's property free from obstruction except for Existng Improvements, and may be required temporanly from time to time to effect inspections,maintenance,repairs,improvements and replacement of the right of way; TIIAI grantee shah promptly repair any damage to the right of way resulting from grantees exercising its rights ot.tlined above; THAT grantee will indemnify and hold grantor harmless Irom any and all damages andlor liability, dims, demand and stats of any nature associated with grantee s construction on the subject premises and continued use`.hereof; Baok27403IPage4635 CFN#20100587275 Page 1 of 13 Page 549 of 849 Kern/Sag No.: 748658 SR No.: Al &907 County Miami-Dade Parcel No,: 4270 THAT If me property ceases to be used for the purpose described above, grantee's easement shall terminate,and grantee shall remove,and bear the cost of removal,of any improvements erected or constructed by grantee in the Perpetual Easement Area; notwithstanding the foregoing. any vacancy of the Existing Improvements shall nod be deemed the cessation of use under this paragraph,and the obligation of removei get fort, herein shall only occur when grantee urns the independent decision to demolish the Existing Improvements. THAT the provisions of this easement may be enforced by at appropriate action$at law and In equity by the respectve parties. TIIAT the execution of this Easement does not contract away the State of Rada Department of Transportation's rights under the law to condemn property for a public purpose and if a condemnation of this Easement occurs.State of Florida Department of Transportation is only obligated to pay the price for said Easement equal to the price bsng paid herein. In that event, the Grantee shall remove the Existing Improvements to dear the right of way for a future transportatior project, whether by agreement or by eminent domain;Grantee agrees to bear all cost to cut and reface the building,court cost and legal fees all in cxrnirection with clearing the rigtrt of way and surrendering possession of the Easement a'ea to the Grantor in a timely manner. If additional property rights or property is condemned by State of Florida Department of Transportation, the owner of said property rights or properly Is entitled to compensation as provided under f bride Law. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns, This Instrument may be amended or modifies only by written Instrument, executed and acknowledged by the parties hereto or their successors and assigns.and recorded In the Public Records of Miami-Dade County. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Book274031Page4636 CFN#20100587275 Page 2 of 13 Page 550 of 849 Item Seg No.: 246856 SR No.: AtA&907 County Miami-Dade Parcel No.: 4270 IN WITNESS WHEREOF, the said grantor hes caused these presents to be executed in its name by its proper officers thereunto duly authorized,the day and year first above written STATE OF FLORIDA DEPARTM T O TRANSPORTATION By.. I r Witness_ Z.-ZS& •:.. •.E. istric Six Secretary Name/Title ATTEST. iJ}' ,f JJi:ne�gs. �._.a. MargaHrg ds �'d 1 Executive S retary l 'rkat • 4fs{rr17.7.rA•>.,. Nan,e!Tit- f . " f (Affix Department Seal) �f r State of Florida County of Miami-Dade The foregoing Instrument was acknowledged before me this /3fi� day of ig•'tc 6 r 2009,by Gus Pego, District Secretary for District Six,FOOT,who is personally known to me,or has produced as identification. P b° rui0i Notary Public in and for the County and State VIUiPn4,v .u�r,TuTT' mentioned above r. oVr�rZGt! J d {• ':x. 4.•ary ea rdy Comrniasion Expires �/�7/20/2 Book27403/Page4637 CFN#20100587275 Page 3 of 13 Page 551 of 849 EXHIBIT "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION AERIAL PROTRUSION LOCATION AMP A PORTA'JN OF SEC77ON as, TOMPlSHIP 54 SOUTH, RANGE 42 EAST r I 2._ � 9 _1 l e I I. — L � 6th STREETr— h / OWN r. J. 7 ii 2 r ii, J rd J ii ' r f • ; fJ J •js;y� to fr'f7Z / .„,n r r° a e r I l �G. l7 101:72„: II ... CIN \- SUBJECT { J-f P.AC. P'1OTR SL CORNER- LOT 8 12 �— -- -g. 5th STREET (STATE ROAD A-1-A) Q \ 7 J i \ " 3 a 19-4.9 ,tit • i iso \ 1 \ r a , ......A ,..7_,,, ,.. , ,,,_,,,, 1 NOT TO SCALE - `"' ,,,n .-S1— I.�� X5.4°•4' t '''� % `'i}+ I. Raeal 96°Ari 1r 6r r�vesaawrAnr , 41:573".18 �LT� �' y „a', n� are Q�.,s w..e. .�..RAS- .. a,� MI SES NO;: z4a55�e r ROE.••(PSr S-R7N Ak --, +1j4 .•• STATE A7if1.FL'i NO.; 8706-202 & 87037-2307 p&carIrs_3w '• .- FEDER4L PAW=NJ.: N/A A STATE RPAO NET.: A-1.t & 907 pk. Mir i/09 ��...1,......1,... _. t t PE 6 NO,r -eeta4•�r.h�lY[!� am ' '!r • sir4 Jr ilia =W7 MIAW-01dE COtNJ7>; MYNA. 0w?Y 4 T Cr N.fnaeouoe l U-J7 raw ' u•o sY,Fr�ri rd Ami Vat 0-RtM+i PARCEL MG..- 4270 SHEET r Or 10 Book27403/Page4638 CFN#20100587275 Page 4 of 13 Page 552 of 849 EXHIBIT 7;477 SKETCH TO A CCO OMPA N Y LEGAL DESCRIPTION AERIAL PROTRUSION awa 20 G :00 € DENOTES ONTERtWE •- 1 .41 P DENOTES rRC p7 UNE K.?, -20 n P.S. DENOTES PLAT 800 PC DEMOTES PACE P.O.C. DENOTES PONT Ur"Omer' c PAR 01M'?TES PGII'T Of!IMAM 0 }ry • —_— i W i LVt:ATi 8EAC! Fi OR"O4, Q• 7 '�41 ? 41e LOT 6 E' ti 11100( 7:;4 -5 v 15 i (P.8. 2' PG. 8r) 5 v P.O.B. Z 'w ,9 O2 72't - tolls' 589'02'12V - 6,168" + .r,A � /� %A 275T481 MOO'58'21+ JSOD`� j s S89'02'r2k 66 90'_�. __ -i _ ,nr_ cur 8 - P.O.C. Si. WOO? 1:; 10T d etWCK T04; ' t`vr cr 5th STREET OCFAN SEAM FLORA. (STATE POO A-r-A, SECR5IN No AbaTICIN 3 .-4 - 8706-202. SyEE7 2 OF 2- - -- _I— — - (P g. 2 PC'. 8 r1 , - - - ------ ___if--- N89'07'T2 CENTEER UNE'AS PER RC lT-0F-N 4 M0'' SFCJKW No. 8.205-202, 9(ET 2 Of 2 SCALE 1",-20' .t )i 11• ,J). !NO -E7AimS-!.M N.OE78_ � ITEM 1.Y4�7111'ma: 24.%5. 7 _at AOC no.rx+rzx!n FM • ����444y`► ; ` STATE PRQ.QMT NO: 8706-202 & 87037-2507 ma .195544 1? 'RAL r cr NO.' N/A ampa WI/A)1,9 STATE ROTO MO.: A-I-A & 907 NC 6.110.1 A .MOW?4AN7' 14PA' 'oniostft sen'a Alli COuN : A119A10-tbr0.CXM177; FLAMM, ,ZR:'iCAfi LY A1DR}P2a7AK w. C@-d7 ROS ..,.t•.- 1.4.413 SURfra Ah ISM:Mir Cf R(18Cf1 PARCE_ NO; 4270 SMUT 2 OF f0 Book27403/Page4639 CFN#20100567275 Page 5 of 13 Page 553 of 849 • EXHIBIT "A " SKETCH TO ACCOMPANY LEGAL DESCRIPTION .4ERLAL PROTRUSION Lf 2,6_,....,..y la 20 0 JOTFs C1J T_EP a �cYF's Pfll £1tTY L e f -20 F7 PB r1'M iES PLAT wog P. D P4GF P-06'. DENcmes.'tAwi OF COlmENCE a P.C.S. fA4VOTES FONT OF 8EG4IPIAV[: el j�T-5`;') ".i' ...------- ..j 9 MAN BEACH FLOR$EA4. ; A0& KW Na..,No , _ 4 LOT .4 ROCK 1O4 37.... $ t N84'02'121- r, . (P.B. 2 PC R t; w 4 ;2.41' CO.8 B P w'. 4r4, !AI VICihNT "C" 1 --POINT "8' RO.& 'A" ii S89Y12'171r , S89"011214,4 21.56'p 48702'12T 60109' 19.16' 12449n20727- - }O3.J8' 4 r 1 fey.. i i f� N14•15 3S1Y 588'02'12V =Iron- / J.Q1' 11-7-41,7781F-71:BT� ------- 6(t.0�' 1yB'ArXr5T'48�Y +��. Se9'02'}2'w-2.28' 5th STREET 2'48 0.59'42'45' =5°42 45'/ ' 1 i NOCT57 4811'-2}8' I (STA1f ROW A-I-A. SECTION A=38.31' M. 841&-2O2. SHEET 2 OP 2 5 - -_ - (— —� --�----- i--1 Aosra2'I • A�9'02'12' 1ER um-AS PER!avi/T-Er-M61Y£MP i SECTION No. 8706-202 SST 2 Or 2 SCALE }"=20' t]6‹JL1;•'", :S.'13 47e144t- S c3A'uz ' �' _�f7a. Alma EIEWRI E T Of TRVISPORTA1IgY, WI VI U maws 3 pp a nal SEGNEWT NO.: 2486561 !VOW w,lfS4)&!$ ?td Mr STATE PRCUECT Nil: 8706-2C2 ,! M37-2107 rg jyyi FEDERAL " , CT N6.: N/A StiltG?/1 fRJ9 STATE ROOD NCI.:A-I-A i 907 ?d5 5.ror A '&tatfwlr 9sW1 • 5.5024 5ICY t Atfro, COMM!: AN4W-OADE COtMflY. I-LOA*j* (.i7r.'>.rr;,F.41.11611041714t i9-" RAW R10 K'Luo 4Plfrbt Aik MTU STEM OF nom! PARC& Ark 4170 SI 27 J OF TO Book27403/Page4640 CFN#20100587275 Page 6 of 13 Page 554 of 849 EXI.0IT "A " SKETCII TO ACCOMPANY LEGAL DESCRIPTION AERIAL PROTRUSION 20 ¢ l 2: LEGS 1 Mt. ' AENG'1ES C! R INN ;';i,4 .-- _ L;NE e mnnra FRagEM EHE PS. DOVE'S PLAT BOOK t " _ BLOCK 104 PG. DAWES PAW (P.B. 2 PG-81J PO.c DENO!!PONT OF CO MIfNK1 I ., 2 f.4'J Raft MOTES Pete OF BERNWN5 h � �� b -- L1 CH FORS •-‘.. "� ' g ALVITEOA' No.. $ V Lij LOT 9 c15) Q ti BLOCK Tat i st ti � � � 69.9. 2 Pr80 N84"07'111' ".0.8. air o 511 q fNT 'C` PINT' ati -' S8702'12V O ib„ :t , i _ 24.56'. 950,,- waissaser- •••.,L-,.._ . Ifirri5.391Vi -- 'i — : aar .._ — S7l3Tf81'=1-rffr- 5th STREET 1'6S89Q2'12II-1.2s; N 0-.57'4811-2..e (STATE ROAR A-1-A, SECTT(A1' Mi. 8705-202, SHEET 2 C4'2 41 i--- --______ -- ------- -- ---- --if-- IL CE'M1£A LA .AS PEP OGHT-Or-1111Y AAP N8701'111 SECTION No. 8706-102, SWEET 2 OF 2 F 5r.ALE 1%00' ' _ 'q r 1 .: :r,4[,,,,Ag-:S/ ao, 41 , 4-ri...,- ft0R04 worker!GY morn:4fA7klti arr. L! ate -.f�YIG awake R S� REN SEGMENT NO.: 24555 1 !� Poor nal j& -AMO FAC N6.4154 STATE PROJECT NO.: 8706-202 & E70.57-2507 -f- arlpr0M11 . FEDEmu_ PROJECT IVO.. N/A 1-- oRoer AV '45491 f IP wA� STATE POO NO...NO...A-1 4 907 DM �'_`-��-.— Aii 6 ,'.4 -901.WWr. UV',TO/ UV',4 h1CA. COUNTY: 1,6AP49-LNOIE COUNTY, h70Id0A. r. tor(or AfJDA10Z.oA0Y AV:G,-,YF 44,a I7a2 or& a 4AlMl'Or PARCEL /ICE 4270 SR FF 4 OF TO Mt 7D78 50.1:or FARpI Book27403JPage4641 CFN#20100587275 Page 7 of 13 Page 555 of 849 EXHIBIT "A " SKETCH TO ACCOMPANY LEGAL DESCRIPTION AERIAL PROTRUSION 70 0 10 20 ...r:....-r ! imilmoll :E : ....., 4 „, ..... . ,+.. l MP= 10 fT f DENOTES L�NTERUNE `L:� Z., a DENOTES PAOGERTY UNE r mi r "''- t '- ''•Ni CA ''..7 P.8 DENOTES PLAT 800K f-0.00' X. DENOTES PAGE Jag?' A.C.C. DE1GTES PONT[r COu1 AC'F NOT57.741*. P.G.E. DENOTES pane OF 8EGINVNG At89132'761 POINT ' I 1.78' U' Gcc AN ssoi Fixot ADfNMMLN No.J 1 LOT t2 f?f O(194 (P.a. 2 PC.8T) I it i 4 a_ w ------ —-- e r ` o - ^ ~ LCEAN t3EACx Pt CiRHA1, N . i W A % ,nay t0,' :1 h ; E�LG+Gw f 04 Y (P.9. 2 PS.BT) raV Sar021eirO.B. "C' PAIL ' LINE a =. ,, ,j SI-IEE. 4 `•''yr. ' SCALE 7"=20' .:_ ....oard:41-O/uadein ,, , 12.^_. FLORIDA A'F�44TiENT OF TTdV�IGIysiTIX( 067RCT K .t. un 8 117.14 SMACK, NO.: 24B6511r Hell Sr,& -ACID FM ,., ;fSTATE PROJECT Na; !8706-202 3 870.77-2507ORDER as 14344• (----/ `� weFEDER& PROJECT Ito_ WA g� -POP JAW •v s rr ROAD NO.:A-1-A & 907 we,.gnu 4 •EG104R►ams.r. Mud'SIE10i~Cat stet t 4 worry. mourn-G4 COL 7V amok eFatrsaoar aeatr�Trw.r a-e; nolo tweva sw 2R0 2P roe Hk 25:g sTAK ff rrLPIJf PARCEL NO: 4270 SHEET 5 Of 10 Book274031Page4642 CFN#20100587275 Page 8 of 13 Page 556 of 849 EXHIBIT "A" SKETCH TO ACCOMPANY LEGAL DESCRIPTION AERIAL PROTRUSION LEGEND: f OtNOLES CEN r:t'z-i 'r '�„ - t DENOTES'WORM'OW ,.f: Ls' k,_ ...;- .__._._E r' Pd. OENOILS PLAT WOK 7.1= En = OM .:-.' M for t5 PG. MAIMS bY.00K 104 P.D.C. OCNOT 5 POW OF COIAlEtta I-50.(V (rv_8. 2 PG8!) P0.& OE7K)7fS POINT O 61EGwwutG ,Q •n - r, k .90TAN 8E4N PLORDA, I " AD ON MMM,J S89'0226if P.O,B, -E LOT r4 ' u.73' &XK 704 • Nr, (P.S. 2 PG_80 Q ry a I. ga9 02.26'• POINT "E" k 7.71 h ;41L 3 tir ,-, X immt REACH' f L Or A. `�I v ADOMY NO.3 y i LOT 13 t.: &OCK 104 I -2 (F•3. z /K,�81) r0 1C i''' n- _ Q20 I i 589-02.261r P.0.8. D- I r .M � G 0 73' .37.92' f�^6 . MOO.57341E r'IAT1 7i LINE' .3f'i -�..1.r';45.rt SCALE 7' 20' •. , wel-L-. iA rir `",14 ,.i-.- 7,2c. Arm DEPONENT OF 76u1SPOWARON, OIS1Y'CT x .mc MANN- . ' R ism TON sawyer ham: 24&858f MOE rISIN -X6.10 at , STATE W CT NO.: 8706-2C2 & 87037-2507 _t_ _ ' ,ADG�4LIt FEDERAL Pho'..2zT NO.. N/A CRRn v. ryy994 qE _ (4,P1709,. SLATE ROAD MCL.7 A-I-A d 9'07 MS rr*or A -Aram ,yom..,.. tetor_• .: A Zr•r A WAS- COUNTY'. mom OADE CVLSYIY, FLORIDA CDt�Ywrf CO AUPOB7AMM PA, ,, �yjd S a+ta(m myna ) 4270 SLEET 8 OF 10 Book27403/Page4643 CFN#20100587275 Page 9 of 13 Page 557 of 849 EXHIBIT "A " SKETCH TO ACCOMPANY LEGAL DESCRIPTION AERIAL PROTRUSION 20 0 r6 20 _._-- !!!El Lci d7_ I'1V01 € WOWS rInatRIAVF j AcA17rf.5 PEOffRIY utaPAJ f.Y2'5;iA T 800 K r—- - –-—tic-—- _--- PC. DENOTES?ACE P.. DENOTES POINT Of LZ?1prEW P.08. LEWES p1 T OF arcgo SN? 6th STREET kei IN 4S5-701:59-0/ k a t �h OCEAN 8E401 RAR 0& 1,15702.261 - $ ADDMON No-T 1:4� G.73' LOT 15 ri BLOCK r04 (PS. 2 PC:.81) F2.11 Zn 1--32'717—' ---__– . o...-7 ; n LOT 15 y ^ i a. &MK 1L04 § ' �gi (- 2PC.81) i 1 iv WA A MATCH LINE SHEET�f ,'0, I. SCALE ?"=20' .-._s A -s- ' i'' 5 - �Jn_ /Wel. T cF r+i+�aerAnu�[ asnar.T w urs-= c� cn _ y� RAA6G- �� Fi ARi REU SF!]1EM NO: 2486-18t WOE 11.1%5 4JS-R+t0 ra i,• STATE PACT tr0.: 8706-202 a 87037-2507 art QF/�t{i+4 Aa ri y� art FEDERAL PROJECT MO., RVA STAVE ROOD NEL: A-t-A & 907 N35 S mi. .,,,,,,,pat,aim", alb• Nrr A ram COtAYTY: A i4{N-114L L .O ITY• FLORID. CfRAWGK d Anwar cum eft!.4•e7 FYYiNo mA n SAIR'a rLaea .Vit�GM9 S1AKtCM PARCEL 1 4270 SMEE7 7 OF FO Book27403fPage4644 CFN#20100587275 Page 10 of 13 Page 558 of 849 EXHIBIT "A " LEGAL DESCRIPTION TO ACCOMPANY SKETCH AERIAL PROTRUSION P:;RITONS OF STATE ROAD A-1-A AND STATE ROLA No. 907 ,RICHT GF WAYS LYSO w1THN AND AC.1ACENT TO BLOCK 104, OCEAN BEACH FLORIDA, .400VTION NO. 3, ACCOROANG TO THE PLAT TFTEREo..F AS RECWIIALO EN PLAT BOCK 2 AT PAGE 81, OF THEE PUBLIC RECORDS OF 141,41X-A4ff COUNTY,, FLOR 4, 8E7.G MORE PARTICULARLY DESCRIBED AS FOLLOWS- COMMENCE Al THEE SOUTHfASI CORNER OF LOT 8, &XI W4 OF TNF SW PLAT OF OCEAN BEACH FLtMDA ADDITION N10,..1; THD E NORTH 00'5842" WEST ALCAIG 1NE EAST LAVE OF SAID LOT 8, FOR 10.00 FEET; THENCE SOUTH 89"Oz'ir WEST FOR 6168 FEET TO THE P01Nr OF REGNUNG OF THE FOttOWNO PROTRUSIONS LYAYG W1IM* 51h STET ALSO KNOWN AS STATE ROAD A-1-A. THENCE SOUTH 0757'48"EAST FOR 6.13 FEET,' THENCE SOUTH R:9'02'11' 14TST FOR 66.90 FEET TO A POINT: SAID POINT BEARS SOUTH 24 DEGREES 36 MAIM 31 SECONDS E4ST, FROM TI!E RADIUS PONIT OF NE NEXT OESCR,BD CURVE; CONCAVE TO THE TORN Al OAN"G A C1RGUTAR CIINF TO THE R14;MT, H411NG A RADIUS L1' 3139 FEET AND 4 CENTRAL ANGLE OF 56 DECREES 42 IIAINUIES 45 SECI>I6 ; FOR AN ARC DISTANCE OF 38.31 FEET, TO A R71NT; THENCE NORTH 00'5748' War FOR 248 FEET TO A POW?' TO HE HERBNAFTER KNOWN AS PONT le; THENCE KOR'H 89'02'12"EAST FOR 10138 FEET TO THE P01NT OF REG7A11N6. 5410 PROTRUSION LYp 'ABOVE THE HORIZONTAL PUNE OF ELft4ITIOW 20.0 FEET AND BELOW THE HORIZONTAL PLANE OF ELEVATION 8.150 FEE,, N4'7ONAL C(OOOERC VERTICAL O4T)TAA OF 192.9 SAID PROTRUSION COVTAZNAIG 688 SOU4RE FEET, MORE OR LESS. ALSO TOGETHER WITH: COMMENCE AT THE AFOREMENTIONED ED PONT it;• THENCE SOUT4 89'02'12" war FOR 1a IS FEET TO THE POINT OF BEGINIn 4G 714" THENCE SOUTH 01757'48"EAST FOR 2.18 FEET; THEN,X SOUTH 89'02'12" WEST FOR 60.09 FEET; THENCE NORTH 00'5748' WEST FOR 2.18 FEET 70 A POINT TO BE HEREINAFTER KNOWN AS POINT v; THENCE NORTH 89'0272"EAST FOR 60.03 EEE! TO THE POINT OF BEGINNING A" SAID PROTRVSFON LYING ABOVE THE HORYZOIITAL RAF OF ELEVATION 21.70 FEET AND BELOW THE HORIZONTAL PLANE OF ELEVATION 8.150 FEE7, 144 TIC.NAL GEODETIC vERNCAL DATUM GE 1929 SAID PROTRUSION CONTAINING 131 50 44RF FEET, MORE OR LESS. ALSO TJOL THLR WTI: C;X,AYEACE AT THE AFOREMEN'TiONED Pd#VT V; THENCE SOUTH 84'02'12' WEST FOR 2.28 FEET TO THE POINT OF 8EGNwwN1G "8",7 THENCE SOUTH 7437'18"WEST MR 12.81 FEET,- THENCE NORM 19'15:19' WEST FOR 103 FEET TO A POINT TO BE HEREINAFTL7l KNOWN AS P0/WI 'C THENCE MORN 89'02'12"EAST FOR 7241 FEET TO THE PONT OF BEGINIWNG V. SAID PROTRU.ION CMG ABOVE THE HORTZAVTAL PLANE GE ELEVATION 21.70 FEET AND BELOW T1WE Hl 7ONTAL PLAN" OF ELEVATION 81.50 FEET, NATI0N41 GEODETIC VERTICAL 041TAW Of 1929. SAID PROTRUSION CENT.1MM 18 S LIARE FF'TT, MORE OR LESS . 1, "L.."'" fiCRE04.969ARTMENT Or .../Ca.,4A�'E-cSK:t 6 /24' SJEt:51DVT nb: 2 GSRroN PoWbltQ4, 0671K7 H .m A.(9ssj4,3s_7vrs Atdd)tlir-sem STATE PWE'T NO.: 6705-7+02 dr 870J7-25C7 1tfFEDERAL PROJECT MO_ N/A my,•0. 19'.KJ9! + y-' STATE RC1.40 NO... A-1-. & 907 meq. 1�!'if11fQQ M5 6 Apr A •A'AAO�Y7tr-`cAE'Y *Or !!C'►2 wets. mom. MAW-WC MINTY, FLO.IttaI CEWI A F Of 0411MIYiAvr .vu.,..0-117 Ah LSD 91M1/21 PARCEL N?: 4270 Sh1EET 6 01F 10 Ah ?!R am R now Book27403fPage4645 CFN#20100587275 Page 11 of 13 Page 559 of 849 _EXHIBIT "A" LEGAL DESCRIPTION TO ACCOMPANY SKETCH AERIAL PROTRUS ON ALSO TOGETHER )14TH THE F011016110 PROTRUSIONS LYAVG WPM ALTON ROA O. ALSO KNOWN AS STATE ROAD No_907: COMMENCE AT ThE AFOREMENTIONED PONT "C THENCE SOUTH 89.02"1? WEST FOR 24.56 FEET TO A PONT; SAV PANT SEARS SOLITN 09 DEGREES 21 MWLITE5 43 SELL WDS war, FROM THE RADIUS POIVT OF THE NEXT DESCRIBED CLIR,E. CONCAVE TO T NORTHEAST, ALO NS A CRCLCAR CURVE TO THE MGI ft, HAVING A RAMIS OF 42.00 FEET AMO A CENTRAL. ANGLE OF 73 OEOREES 40 MMri1TES 43 SECONDS. FOR AN ARC OfSTANCF OF 58.41 ITU; TO A POINT OF TANGENCY, NEW('NORTH 0.757'34" WEST FOR 54.89 FEET TO THE'PONT Of LEGAYNAMG C; THENCE SOUTH 89'0226" REST FOR 2.78 FEET; THENCE NORTH 00'5734WEST FOR 77.46 FEE'; THEME NORTH 89'02'26"EAST FOR 2.78 FEET TO A PONT TO BE 0-eEREINAr rLN KNYMW AS PONT "0" THENCE SOUTH 00'5734'FAST, ALONG A 1A11E' PARALLEL *4TH ANO 59.00 FEET CAST£RLY OF, AS MEASURED AT RIGHT MOLES TO, THE CENTER LANE OF ALTON ROAD, ALSO KNOW AS STATE ROAD No.907, FOR 77.46 FEET TO THE POINT OF 8EGINNAV; r 549 PROTRUSION LYING ABOVE THE HORIZONTAL PLANE OF ELEVATION 54,X FEET ANO ECM THE HORIZONTAL PLANE OP ELEIVADON 8.5.50 FEET, NATIONAL GEODETIC VERT-CAL I7?4f CE 1929. SAV PROTRUSION CONTRA NO 216 SOUARE FEET, MORE OR LESS; ALSO TOGETHER RTTH; COMMENCE AT THE AFOREA(CMROVED Por E I FACE NORTH 0175:34 WE37, &CNC A LAME PARALLEL *7T71 AND 50.00 FEET EASTERLY ar, AS MEfSUREU AT RICHT AMGLE5 To, Tit CENTER LINE OF ALTON ROAD, ALSO KNOWN AS STATE ROAD A47.907, FOR 30.92 FEET 10 THE PG1NT OF BECM COVD '0"; THENCE SOUTH 89'0726' WEST FOR 173 FEET,• TNEN¢:E NORTH 075!'34"WEST F01? 4 7.29 fFE1;• AOK7 NORTH 89'0126.EAST roe 073 FEET TO A POINT TO BE HEREINAFTER KNOWN AS POAVT 'Lr'.' THENCE SOUTI! 00'57'34"EAST, ALONG A LINE PARALLEL *TTN AND 50,00 FEET EASTERLY OF, AS MEASURED AT RIGHT ANALS TO, THE CENTER LSE OF AL TON ROAD, ALSO KNOWN AS STATE 9040 No.907. FOR 47.29 FEET LIC THE PONT Or 9EG1 M AC ?1" SART PROTRUSION OW ABOVE THE HORIZONTAL PANE OF ELEVATION 41.00 FEET AND BELOW THE HORIZONTAL PLANE OF£LEVATTON 83.50 FFFT, 1d47TC1#AL GEOOETK: 'Y!RTCAL OATLAI OF 7929. 54A0 PROT7i,'SICW CONTAMMIIAG 30 SQUARE FEET, MORE OR LESS. ALSO TOGETHER RTTH; COMMENCE AT THE AFOREMEN70ArED Pf WT "1r;• THENCE NORTH 0057.34 WEST ALONG A UNE PARALLEL 717TH AND 50,00 FEET EASTERLY OF, AS AEEASURLD AT RIGHT ANGLES TO. THE CENTER LINE OF A1.T014 ROAD, ALSO KNOWN AS STATE ROAD No.907, M8 21.26 FTET TO TIME POINT OF LTEGAWkviG 'E",' TWICE SOUTH 89'0226" NE3T FOR 0.73 FEET, THENCE NORTH 0475734-WEST FOR 104.23 FEET,' THENCE N01RTH 89'0226'EAST Ft 0.73 FEET;- TWICE SOUTH 00'57'34 EAST, ALONG A LAVE PAULL& WITH AND 50.00 FEET EASTERLY OF, AS 4• _ • =S Lv.ES E-c 2tSl�sl2 - •!.ru` �r / fLOROM reiVOIAENT LY 7RIA@'bwzu maga if fAb f1A _ rte. `- `_ I[flli7 fTEM SEDIEW NO.: 2486557 >''Gd ifxiltls1�15-nuo s1r ` STATE PRC.ACr hv_l.: 6'Q -202 & 01031-2701 -_/— o¢iw an ,9598+ FEDERAL PROJECT N37.: N/4 REF 09/ TPS ,} STATE ROW NO.:A-I-,A & 907 rM5 4 Mr r •WAXMAN&Pier MIB(SJ(IEM •err f MaS. C0�.4l7Y.' W-D4OE C0i. . CEoNtri RArrwrr a-ALTKOCArOk .e-er �,z!�RPrrd t:smote� ��q� PARC�1 NaNGS 4,270 SHEET 9 OF TO Book27403TPage4646 CFN#20100587275 Page 12 of 13 Page 560 of 849 OR BP 27403 PG 4647 LAST PAGE EXHIBIT "A" LEGAL DESCRIPTION TO ACCOMPANY SKETCH AERIAL PROTRUSION MEASURE-0 AT RT,r,HT ANGLES TO, ?HE GENIE-7? LAVE OF ALTON ROAD, ALSO KNOWN AS STAVE ROAD Ne.907. .FOR 10423 FFET TO TPIF POINT OF 8FG>»'NA4G 7-" SAID P,?OTRUS YI LYING ABOVE T!'fE HORIZONTAL PRAMS `1' CLCV T()N 26.50 (ECT mo 8fL014 ? 1-DRIZONTAC PLANE Cf ELEVATION 8.150 FEET, NATIONAL GEOLAE7IC VERTICAL ACLU OF 1929. SAID PRIM/SOY CONTANWG 76 SQUARE FEEL MORE EN LESS. Ali 1. 'G ANO BANG AN SECTION OA, TOPISiAY° 54 SOUTH, RANGE 42 EAST, CITY OF 14AA* BEACH, t 4Ml-NOE CO(wrY, FLANK T�_BEARINC.S SriOsI HEREON ARE EWSEO CW m ASSYAIIED BEARAYG OF AROR7Th 89.02'12-EAST, ALONG TH. GotWERLIN£ OF 5r6 STRfFT ALSO K.ht7W AS STATE ROD A-1-4 AS PER INGr1T OF WAY OAP SECTIILN 7706-202, SHEFT2OF2 2) PREPARED FOR• AR&.1 SORE J)AUTKNTIC COWES Or TINS SK£TCN ANO LE AL oEs(`RIPT1(iN LNST REAR THE EMBOSSED SEAL Or THE ATTESTING FROTSSOst4t LAND S(ARyfrOR. �CIFra�eiT c c�lhei42 eq-f eatza Mize- a°Rf031 DEPAW EPG to 174"5"taMCP A's'Teia►e its) LMO PLOW-ITC y� R nes MN SEGMENT Na: 2486587 mar hiata4M's-7870 !XC 41;;"Alt j STATE PROJECT ma: 8706 202 6' 8707-230 FE00441- PROJECT NQ.: N/A aver ea u . • gsuL 09/11/0 L • STATE h1a40 AAT.: A-1-A & 507 DK 6,qr A pgiIY Si1nfY 11171"54-43 S Y 4 MC 00(O 7Y: 411410-174aE nourJ7Y, Ft a: Of. ffRG 77Y1 fN7�A'itAAlOY :9- AV. d7 RAM/447Sa7YOU tale 5004E62?7978 cur or now, PARCEL ,W7 4270 SHEET IC OF 70 Book274031Page4647 CFI #20100587275 Page 13 of 13 Page 561 of 849 COMPARABLE SALE NUMBER 16 -PERPETUAL AERIAL EASEMENT (AIRPORT LANDING RAMP) 'a S T;ROA \,., ,:- , . .._ . . 0 10414*;1-5_77-7-_, J.!-,4 t J -,.1.4 , �C Nif- ' _ !II: : ' 5 _..,,,4 ,,,. - ,-''' j lo \c. ,.._ , A � 4, tEMT1P44G thitsirsiik lititt s .:-44,41r 6, fromilio_, ..0 _ .. r .,...:::::... i I 1......,,, !Ilia 4 ,io- / 44 L III 1 ilk di _: •y ;� it rt�U8 y at:Ras —�■�ew hC,:m+SI ArL4Or '-' -- , I - / — 4'o r - -- .L...„._ -f f 1 l'ul#P'. -,.. rt 77 !; -AI= ''.' Ill _-- RECORDED: Broward County OR BOOK 50044 PAGE 3966 GRANTOR: Florida East Coast Railway LLC, All Aboard Florida-Operations, LLC and FDG Flagler Station II , LLC GRANTEE: Broward County DATE OF SALE: July 31, 2013 (transaction date) DATE INSPECTED: July 23 , 2019 Page 562 of 849 COMPARABLE SALE NUMBER 16 -PERPETUAL AERIAL EASEMENT (AIRPORT LANDING RAMP) Continued SITE SIZE/DIMENSIONS: 109, 046 Square Feet of aerial easement area (165, 323 Square Feet less 56 , 277 square feet of overlap area) Irregular- see deed for sketch TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $1, 500, 000 UNIT SALE PRICE PER SQUARE FOOT: $13 . 76 per square foot of aerial easement area (48% or a value of approximately 52% of the fee land value for diminish utility adjustment) TYPE OF INSTRUMENT: Perpetual Aerial Easement Agreement FOLIO NO: Portion of this folio- 50-42-22- 01-0100 LOCATION: North of Griffin Road along the west right of way line of FEC Railroad and the east right of way line of Fort Lauderdale/Hollywood International Airport, in Fort Lauderdale, Broward County, Florida LEGAL DESCRIPTION: See attached deed for complete legal description. ZONING: ROW, Right of Way, Broward County Page 563 of 849 COMPARABLE SALE NUMBER 16 -PERPETUAL AERIAL EASEMENT (AIRPORT LANDING RAMP) Continued LAND USE: Transportation, Broward County PRESENT USE: Airport Landing Ramp over a railroad corridor- Perpetual aerial easement . HIGHEST AND BEST USE: Industrial CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. Subject Subordination Agreements and mortgage-see easement agreement . No apparent effect on price . TYPE OF IMPROVEMENTS: Airport Landing Ramp over a railroad corridor UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Grantee- To construct an Airport Landing Ramp perpetual aerial easement as part of the Fort Lauderdale/Hollywood International Airport . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A Page 564 of 849 COMPARABLE SALE NUMBER 16 -PERPETUAL AERIAL EASEMENT (AIRPORT LANDING RAMP) Continued EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This transaction consists of a perpetual aerial easement for a land strip extension over a railroad corridor. The top elevation is existing aviation air right limits and the low elevation is 24 feet . The overlap area containing 56, 277 square feet contains multiple easements and no value was given to this portion. The per unit value of the easement area was negotiated based on a downward diminish utility adjustment of 48% therefore reflecting an adjusted easement area value of 52% of the fee land value . The remaining fee land value is reportedly $26 . 50 per square foot based on an independent appraisal . Therefore, the unit price is $13 . 76 per square foot of aerial easement area. Page 565 of 849 PHOTOGRAPH OF COMPARABLE SALE NUMBER 16 -PERPETUAL AERIAL EASEMENT AIRPORT LANDING RAMP ,, -_ - .,- I, , , ' MR 1 -4,0 g1.011/!trAM A....�w.•. � = ; • . :, x • teav..t.: � .zr;+r r View of Property looking northeasterly from Griffin Road TAKEN BY ROBERT MILLER ON AUGUST 13 , 2015 Page 566 of 849 I148174 0 111712005, OR BA 50044 PG 965, Page 1 of 'l/, Rsoorded 08!02/2017 at - 65:3C AN, Browaad County Coraiasion, Doc, D; 41x500.00 Deputy Clark 1016 Prepared by and Fiewm to. Chrtmrs C ,.-aa Swim Aseistard Co 6y Attorney Governmental Center,Sulo 423 115 Stain Am:freer Arenas Fort lsuds rdale,Florida 33301 PERPETLNM_AERIAL EASEMENT AGREEMENT The PERPETUAL AERIAL EASEMENT AGREEMENT Casement'or'Perpetrl Aerial Esbemenf)is nips dr y,day 2013.between FLORIDA EAST COAST RAILWAY, rtsofLLC a Flare Nsi0 *May ovenECZ. address is 7411 Fullerton•Skeet .,SNile , 1QJeck50w aa_3775&,ALL�B?ARD qA•'OPEM 11CA plvlra ijmied Iii;Or C ?, ihoa4 addtr terra 4tp Moir. YON. F1011961 _. F1.AGWSi-ATM JUL,* 4004 btimpnny.- Q4 a te 21r561e)eune Road,41h Floor,Caret 6a41ea,FkAdke 53134 CFEC. , f710 1 ere reie4iiir'trot*dy ripened m as ept1'Oranbii), ofd DWA541'• OOt'.N�7Y..s Po"� !neer a(the 9;lske,c4.F1oeAa +aMh 1ie maim a0dp alltlee kidwdes lime,Sues'400,Faatd aucierdak.'Markle 33301(lire!Grantesy.1Vd+erever;rad in hie dooumere.the terms'Grert1:1'and'!ramex'shat morn 1 singular end phare!,es the Context raqurss and shah mckWa all Ins penin to rye Instrument anti dei-rsspeclie freirs, erosional reprasenlalN4a usacea rpm;.agenle and reigns? 'A1TNESBETct A. t'EEREAS,FEC a the owner of he reel property located in Brewed County Faonda,more erltoierly daunted In EIMbO A.seethed Nero ane made a part hereof Or 'Reil Comdr..Property);end 8 WHEREAS.FEC Panted in ME(formerly krc m en FOCi Passenrrer ROVi Hnkpng5 4..:.G) oerlen rights and opeone to use preen end ptrohase the Rai Corndce Pmpwty pursuant to(q a(Rent or PasWKQer Service Eusemerns Orad December 20,2007 end re076ded In ONcIel Records Boot 44948,Page 647 rfasaenger Swept*Eaasnun4r),(i) an Option Agreement dated December 20 2007,Wen regard to whirr a Memorandum at Option Agreement eta recorded in Official Records Boas 44946,Page 675('Option Agreement),and (4)a First Amend nest to Opeon Agreement dated r u1 January 75.2011,wah regsfd to retch er Amended sod Reet rod Memorandum Cr 0poon Agreemorr age recorded in 04110411 Records Book 47679,Page 416(Fier Amendment to Opera,Fgaernent').al of the Patric;Rede Of a award County, Florida (the Fri Amendment to 00011 Agreement Ingelts( wIOl the Passenger Sens Eane•ners ane ate Option Agraamem,are hereinafter collectively referred to ter Me'Passenger Pal Agreements").erd r fallaeLl; Pape t di) Page 567 of 849 INST. A 1117126e'- OR ner rc C 44 PT: 46"1. Page_- 2 of 24 G 'aYtEREAS.FEG granted to FDCi(secoessor n inevest by Manlgbr from F&i NOW Holcings LLC1 cent*rlg 1n in nee and pewee tea Rod Corridor Property bemoan(to(I a Grad cf Emanates doled re ender 20.20017 and recanted n Official Records Buck 44946, Papa WM ;'No ilial Casement Agreemern, fd) a Dl of Sate and NmEatknive (lee Agreement dated Dae nber 20,2007 and recorded in Ot!icit1 ReGXci Beak 44E'4tt,Page 813 ('bell 015a19')_(h)8 Cmxque Grand of f:asamonts dated as or December 9,2009 and etecifre es of Noonter 20,2007 end recieneadIn']ttl(ial Records Bode 46741_Pape 177 fCorradive Grand-.end(an a feet Amendment to Bit o!;ale and Fon-Esc to3k0 Use Agreement dated an a(December 9,2000 and eriecfire le or December 20,2007 and rapadad In Offend Records Hook 416141,Page 188('Fina Ana...hinc.a'l,at recorded h the Ft-elk Recants of Boosted Courey fkride 4Me fix Anrteehr'rtrll,legate,with the Non-Rat Easamer4 Agreement DII 01 t$ and Corrective Grad, ae hereiufld ho14l:avaey retorted to as Fre 'Nor-Rant Agreements");and D- INHEREAS,Garber it the water of the Ftet Uedefelbete*ieooc InlerrrefenaI (heroin Ileiaerligie ee'aiebeetioeat%d rf ash o and..., I t. EC desiros grad ii eaedtti tet,ig p kr Rep-1 61ttlh( �L as rte' after dame&Od I�Rts ole aadeendttibna soder and 1.�' '.t'r,F.I ,py stege of*amigo nerd 0y lander.the Pa .Pari �and by r latdpr ttseli on-Rp t.1�.�I1Tf'',,'rants,FE iatGranine rat FEC. --AAP end jointly 9 tie-Estastne1Kb Want la by the Faae nent P-opc/y,�.e he hams and Bond iene hereerattr as forth;and G. WHEREAS.Grantee and Grown twee that the honoldonown pad try Grantee to Grantor is Inc the prankrg of the aerid easement with respect to Pas Fasrrnert Property (coach prdrbas Greeter's trimaran rrno, en7oarcnlerra upon and reeentdinns leap the Easement Property) in lieu of mndemnatnn. and not far Its p.rreae*1 raOb'COng reeved operators or no'rreirOed operations on,oust 0'under the Rat Corridor property In the tuhre: and It. 'WHEREAE,Drente?and trema adeses edge and agree that the pOanStns d Ptapreph 8 of Eohlett C ettecitor twat*,prc.tda tar Granlar5 pottilalibn to eunnf+y with Ina Part 77 Reeuletton(aa loured In Psrapraprr a cd Etmlbn C)and also provide 8 ountraauat right to Grantee 1e nxfute drama to cer-py Ma.the Part 77 Itegrdabm NOW TinFRFFCRE,t HE GRANTOR,for and In carmdsaam of Seo auto of ore Drees arid other toed and wWaia cnraemr0 0 n eras realist and suttroenoy of wt::tr ie marshy adrnowle9ged,hcratry grants Carlo ere Grxboa,la womasora and assgre,a Perpetual!coal Easement In Ore property more partereurty described n Eihabll B,attethed hereto and made a pall hereof (the Sesemerd Pmperty'Ifor the Wrpusa of aansetelirrp, operating ere mainlaitvrlp Cremeas tummy aro tosevey retdtC Structures.approaches,app.alKlanoee,end mprearrnents Menet vethn the Easement Properly Iceefocthcry'Runway erste Srtehlles.1 near across arrd suer Grantor's Rae Comdor Property,which Ref Condor Prcpaety i8 dtertfi teem the Easement Prope"!,al or when property is located in 9roward Cau'dy F ordM uwh't..I I r'agc 2 Page 568 of 849 xNar I11171280b.. c BK .3044 Pa.:^,Q pf HAV-AND,Ti)Hfal n saki Ea.aarnani Property r perpeauity Ls.Ile&Orate.and Itheuccertabre end atiaCcrE,urn teed Emmet R:party shee be el:endured artd&la oboes to to uted by Grantee Its auCeataril are asalpe,ke the erpon nernaele desited hereto. rtus Perpetual Argun Easement includes ant! xpo(a1e bfahararrA and a exprestry uptincl to,al of Ile Cams and canddcrts cortarad Ir to,ibtt C,otbcPt.j reeele and made part l'aiai Igigncduies begin an next pagL LLe) - ,-----. • 112 • , ,—\\ \1 , wow, Pop 3 Page 569 of 849 F:y4,ra: 0 H1712 , OR EH 90044 E3 969, ?age A 0f 24 PERPETUAL AISAINL EASEMENT AGREMENIT BETWEEN OWAND COUNTY: FLOSSCA EAST COAST RAILWAY,LL.C.;All ABOARD FLORIDA-OPERATIONS LLC; NO FOG FLAGLER STATION II LLE IN W1TNI=ZiE 'AYIW-LECtF•the afoges..*1 GrnnInf NIS 411,4Sed these ofterts in be exeu_ridd;p Its norm,by es prayer abvx3 thereunto duiy Skaanbtracl,the day and yew 11(11 Aco*...Mar ., .t1).-.... GRAtfrom: ATTEST:(4 D ;-Lc)fti.JA EAST COAST RAILWAY,LLC Pala Wen*: .-. 1V")ty 16C-Cn,rv-, i _." -, Hs Ev P* .FO 1-0 &mama,. By. _...... t '-1 4.,::• .,.. len' . . . _ . ' ' ' (1,01(..V 11 [ .,,,,'...-_,._,I . ': '•-) , • __) ... ..... • • ,. .. _ . ,--t • ..xidoimedI - — .5iP4. '\----...0' s\ L-- '`', :."--'' ' '..•_1' ! ._.._ -.. I i In W€4414a al. 1' . \ I ....._. PON Name::OM elE7.. t,'S • ( .\ , PrintcY\a- '' • • . Norne7)1.6eoe., n.. e..).4\ STAIL Cf F_O9IDA COUNTY OF BROWARD Trig rffn.reng IISITUllnitW5 .aJmowieckg.Letari, in, IN% __,,j0 ugly IA . 2019, by De..r4 Leede as —441 on-LOSS:"A FAS!COAST RAILWAY L.L C,8 Nath Initecl Wally cnnwiniy. cn tentaN o,the gomfmm. 4- in ydrolsly Itnemn In me M YAW PFCCUVAI __._ — _ 66 iftroinuttion Print tsiilleaiall,,..6P'.-666-41-. Nam},NOB h am la Cou-dy and Etate Eel akeesaid My T.:foralss or Lapres 7-ife_Lly Sena!Nc.0 arrf. - SANDY.L xnure O fMY galPASIMON• •Pinwl•/ IONA IIIy il... Page 4 .....,....A.,. Page 570 of 849 INSTE V 211712805, OR ER 50044 P3 9".”.;. Page 5 c,t" 74 PERPETUAL AERIAL EASEMENT AGREEMENT sCnNEEINI NROWARD CO(MTY; FLORIDA EAST COAST RAILWAY,LL,C..ALL MOAN)FLORIDA-OPERATIONS LLC; AND FOG Pi...40LN STATION ILLC GRANTOR; An f-ST , Al L ABOARD FLORIDA-OPERAllOaS,LL Z. a ,SI-1-4-V___ Puri Nkomo 141M 6-0th"1 Hs a41ald.124- 601.01217 By_____________ Py.nt 4rr ct -1 I IIts - " --i iN.___ NN r 1 1 c 1,_-,,,i \-J -.., Li ZA4a• _.1\,.., ivied an "..„, of t C.47gri 1 I. ti\ I 1-.7:7" ''-'-'-', mv, i f '-'''(CI) . - .. .— . -,',...,27k.,___--), 7 1 Ark('N Jr, fl I/ i-- n eft,— Print tiarrer 11'. JEW; 1_ STATE Of- COATI'OragrrillAdj., The Inneiliceeg Insburiento4arlynrio4r-ccred Ledlole me,i'r Pit tikil ________, OARD FLORIDA- pR '10148 LLC,a Unwire frribsii lietell y Wsifeely.01 NAN of the tOnlorrit. %to in panionally kmen 16 rr or wile pradased se iderdeceeon Pic Name iqS Nolory PuNIc a cI la-re County 1 end Suer Iasi dor 5Y .a.wicir„....... _ RPM kr Ir,um P .Commission Eora& MiliftliMOIMnion Sarni No,V any' 111.W11,11 Page 5 Page 571 of 849 INSIT 111712SEE, ciR BK 50014 PG 971 Paoli, 5 Ot PERPETUAL EASEMENT AGREEmENT BETWEEN BROW/4W COUNTY; FLORIDA MST COAST"DISMAY.LL.C.. ABOARD FLORIDA-OPERATIONS LLC; AM FDG NADLER STATION a LLC GRANTOR; ATTEST' FDG FLAMER STATION II LLC; . Numt. 44444.1 611901C1 im P freo turar-secroorr By. pont Nom. Rafei•e.4 Podori its ±1-Psaier.4— , . . . . . 1 Alf‘ri- • , I Print Nainc Si AI E LH-I-LIKIIICA .1 Nitim COUNTY OF oThe fixtisiGirui inslyarie. vesi **cow aittirtgrWad dwY 46,1711.44--. FOG21314,41.1Pit STATION II LLC. Z igolawara Denied lad: =rawly. ir IT al trio company. who is paronaDe Ers:rila NC or In prudwAid tientlicafiun. Print Name: I Mota-y Pubfic la• . COPAN and-57.918 kaM aN • Errn •PCIAANIIaNiirl My Commiaaitvr EVaaa: NU' it1)13 Small No,I atrY ChkeulK, MIA Page 572 of 849 INT s. 1117I2P2S, 1.3,: 11K F.G014 t, S7i, prtpn 7 ,r 21 PERPETUAL AERIAL EAREilEhn AGREEVEN1 BETWEEN BROWARD COUNTY; FLORIDA EAST COAST ROJLW AY,LLC.;ALL ASGARD CLORIOA OFSRAT1OPAS LLC; ANO RDG FLAGLER STATION II LLC IN WITNESS WHERk0F, tie afia-tail Grantee has caused that presents to be *mewled In Itx nom by te profile~};trierrooto Out?,aillt,ortied.Ihro day awl yaor nrSr above VXMOn GRANTEE: ATT FIROWASID CQUAITY.by and Ihraaph 5Oliu4r41 COUIsly Cor.571 BlaaPs Eli 11 CuuntyArkterrabeaut Ex-offido ibia011:01Pid \ I Tows or F L ' _ 7_ Li . . , __ Lop. - ccuTtyikborrigy— zI Governmental Carrier.NOR 4.t3 I 0 izj oct gi 115 13o401 Andrews.AVG0118 16115 1ty rod Lauderdale.Flotiis n3.01 Teice.ho-be lieSt 357-7600 * Tuooçlr. (1264J3677 04, MN* Civ C.Lee Date: $0110r 0,441slort County A/Wray 8iarW:11111d Jul riihaezzA Pare Norm_ ANDR E MORRELL Pflnt Narn DESIGN HEAVEN 116411111 PDFle Page 573 of 849 13T8131. ft 111112885, OR HE SOCA 4 C:. 973, raga y of ld PeRPtTUAL AERIAL EASEMENT AGREEMENT 9ETWEEN BROWARD COUNTY FLORICA.EAST COAST RAILWAY,LL.C.;ALL AWARD FLORIDA•OPERATIONS tic; MC MU FLAOLER STATION II LLC STATE OF FLORSUA COUNTY OF 8ROWAR;1 x The loregolg Ingtounerd was ecfcrewta:l a hears m _4% e this •,:40cr-/ day of SI,X.. 7013, by as ..0.,10,74.55....)4-e4- al BROWARD COUNTY,s p0a��;enislA at tno Et e tT Honda, on WINS of the county. who 18 yereonelty_ Mom to ma or aft PrOduned as Ida an -Jeacidisto,4„-t—,...-.),, r k.t_ PISStatTISK RBY I , i Lr.. 1 �n.aJ.ne :1„, --'] ITt►. ekei F 't '•,,'. `Y ' I III slit :' f ..----, \ 11 STATE Cf FLORIDA COUNTY OF 6ROWARD 1 {e \ Thr foregoing Inelrumrnl wee FniVK'wledgerf hem VIA Ina t„ �` day of s\It1 =13, 6y Bathe ea CA AdMIN Ls6*dROMIAft0 CuUnITT,a pdi at wUdi on()Fie Slate cI Florida. an Lelia of the malty, eI0 at coNonellY l7KMI' In me Or w11a trod1I8d 88 Iderr*rlcegon Nan Nemo; "'N9YAINE DARBY Nolary etc In end tribe County w.Raln null[hTLInorp nlct:: and suns iaet atom 6 r,s,..mi EtlDtliS? r* 414m1e Me,COmrrenoonFd w 1tit X011 Sergi Na.,h any.�.1�4-nlatiliAA4. ��•J�'�`'jJyj�'} 1i �•+ Pegs 9 Page 574 of 849 I) VR 1117128i3Z, OR ER t.0,)44 P0 ;,7 4, PERPETUAL AERIAL EASEMENT NEREEIISENT sErtabal BROVARD COUNTY; FLORIDA EAST COAST RAILWAY,LLC.;ALL ABOARD FLORIDA-DPEIRATKOIS AND FDC FLAOLER stAnoti I LLC oaten-A Leal Description ot Rs!Corridor Property regal Svc/tenon stiachani L.111_ -1 1 :\I ir Hl JH Jt. 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T 1171154-IK1 O,0 111 WW1,WPC O•#11OL'A•FAP ILLOPMFIL-11M1000133 1FOM11O1M. mom 1*115 mow saw{AL'TO ani roam giL1+La• . 5411 •tt ohOat 1W oni ili,yr —• TaT 71{0[7 FQ I Sre inoo,c k:dPT• rt PMC 105 - M901Ps{F Irk— �. r j I •—T -snm6 EIMIA Page 576 of 849 IPBYR I 111712805, OR IRE SOOAC PG 476, Page aL 21 PERPETUAL AERIAL EASEMENT AGREEMENT BETWEEN BRO'IVARO COUNTY; FLORIDA EAST COAST RAILWAY,L.L.C.:ALL ABOARD FLORIDA-t1FERAT1ONi6 LS C; AND FDO FLAGLER STATION 11 LLC MINT C Legal Description and Sketch of Perpsiswl Assisi Esesrnds Property [legal deacripton enc ai<eb*attached] _ ? , f/ -— � �� r � ikbMHJi &MA B POW I Page 577 of 849 EWES • 1:17_2885, OR INC 50044 PG 477, Page 12 of 24 II CEO/0E9:51P501 OROR'ASO 0.7lhTY AIR Win EASBIEMT Illi THAT CaITAN tEITIH'.AL WAIS L1R4:ACME THE POLLOrtlG 6E3f7HIBECI AIRE79..BEfi#WG 24.00 RET ABM TE Cr CO 1SE 1307140 rZ.OR1A EASE LYAALT RUMAT RAAS AM abrin*G UI,ARL TO PACOPAU ALL AIKNE-Lmis AI4PAGT: R PCOTlpl BF THE RAMA EAST GI;NST'mew UQIT-OF-MAY AECOTE19+4 TO INC iliSCIELLHEOUS woe.BOCK 7,7.1,r2 IS Of DE PLBLIC Rc'COROE{F UI3RAlm COJ4TT,PUMA,SAD PORTON LYRIC N DK SouttlAS'CiE-O UARTER (5E.1/4)or SLCTCTA 27.1441~50 MUM HNI 4Y CAST AA1 Mee 1191E PARICIAN:LY Ots0tlet5 AS POLLDIB: 03411910115 AT NE 544111KS1 cOPMS OF Tff HWTFEAST 2•E-CVNITIR(Sr_1/4 CF SAD 19011w A 11RTKY WSW umnr AINT,AICHO'AE saw LNe OA SAO SOUTHEAST RE-QIPAITO!;8E1/4 BiEW Fir TO A PONT OF IiT6tlEC11014 MIEN 1H E CINIIERLIE Of NOHOW TO-0E4T/K LIFT Meta BOUTM!B'Y74r GHAL .D4 441}CEIDERIIE IOiENS fIAT 10 SE MOO OF BEUIU/q VI In ASTLIILT 100-OOT/Mr-0.-1610f OF THE FL¢8IA SALT(4147 AMMO ALSO MAC THE EA5TEILY LM NX PANE.'A'RFT LM WROMLt-fPOLI-yam NmE0O%A11704 WOKE'Fm AMMO,AGUOKMS IC ANE KAT TIRREQ'AS FEC EP IN PLAT KM 162.PAIR q Or sr MAX KOROS OF BIOIWm COMM FLOIIOA;E iCE 5147TH 45-5SCI- 'UAST.AI-OHC an SAL' Y UNE SAO HOMY LRE Ally TFE EASi1LY LIE Or Noce.'A"PORT LALO:AON 444LLAFoo0 HTPINATIOHAL All CA71,FIR0T AOOTIOPL ArT7111rAAIE TO NC"IAT 1)ATi1t(F AB RECU1OEB PI PLAT NCE 144 PAOE 37 w TIC PRIM RECORDS Of 01105411 COMM FUN%1111.11 etre¶0 A 5OITr ON A URE Iof.00 FEET ISORTH OF AAC ►.RILED MTH SRAM CENTLTARATI TPEMOE Sahli EIMVOr EASE PHEW TIM PMNI11 LIE.14186 MCI'MA POWT IN THE fITAILT 1p0-A0 T RICHT-OF-RAY CF RE FLOWN.10f1 COAST RNLI/AY ALSO WI11 7K of HEAT RE NT- Or-1FAT cr STATE 1,10..b Achecs 8 NE I/Mom micront4 RIE BUM 457ro'ts1,ALn00 SAD LOW Am-scar 1s4.1-0-404 AAO WAD TaSTritY STATS*50HO IR.WIER 5 BPR-0F-LLAT,1€323 FEET 19 A 501(1 ON A 11€ 3LLOO FEET sane OF?AO PAAALUL NTN SAC OEs1TT1aIE;HOKE NOON mum.TEST,AI.rNC S4G PMALLa.LOG 14.45 fEET TO A POUT ON SAW tKSTp4T SOO-fCOT IIWT-OF-WIT KW IPS THE EASTERLY UMF W SAD PAA®.'r SORT tmBecA1E-440LL 5}70 1'A7ERFIK IONAA ABPORY,FIr11N Ara m/ 114;162E NORM 443504?EMT,ALl7NHn SAD KES1ALY.i0-T T R10-T-CF U,Y AAL}SHE WIWI LIFE BF} A- IEP A LSI.L H0LL1F1m"It" AWCMT, FDOrnRi seas fes,SO THE?OMrT Cf.• ,BF ;.1. - '.,I .I I SLR M F 1 Y3Lptt AAO)lC !•RE'4TY w PPRF IWIMrY IJD 4 • SCOME 1,710 ACRES)HOOF 17t.LCC w ME -. A" 8 WET ' WOO wig BJEECT TO OU Anemia 4411 A AHb4T-CF�4T A*I 11,16H1.14111E FfK WW1- 14924-505.204 P90ANi9(UPATY PAL1C FIED;RIL. 9.110-1/10'4'S (t , 4 Thisx IS HotvAID.It1HOQT TFE'9FYART141F AND 41A19ED .- SEAL"OrA InolciliA4110 4 5 4YIEYCR-AHI NAPPER oat BARO omen S LF O4 910111 FEAEOI.105 NOT ARSTUL:7Oi7 POI DIW(7 OF fill FOOT !UAN ' DIATlNI EIT Of to IRTui+.,CokERAIP,RI APER N$Ttl415 A cr Nr1>?2d1. loloorOR?AHON 4. orcouct NWORTH IslYARIHIS n^�7'A E orm ow hLFN4 1K MST 111E A 1145 AVOW=/ROAM's;Cml PG of mac ' ;WA EI W=mcx Taiga*HO OWN1 44 EST. P.I P.0T MOf( rung A HEAANLN cr RULE 6J. 7 CF THE FICHOA ANITIMIIA 111 P.Cg PQMT Pr I'�MW1C U TO Cr11 TNM 7.14NEY WM:UT THE WOE%PNO6 IRTTE11 SEE PONT OF--WAY 1QEADIT 8(111017 CF 1HE 9AW€1 ADO 150 AHO/a1 Lf7LE1WAJ BADE TO RAI 51047-O-AAT h45 IrEW Of'Ms a"ESEY HILL 11 MB SLIMY frown SCUM L 5 11 HOT OB'LA"SCAM rpt TMS 5tmer 9 1"-SG'OR a NMknt- !.ma of NOT A BCUNaARY Worm • ,u .1.1(y; 1 HEREBY CERTrI THAT TNT Ar1KHIL`9sErO1 Ort E0SCRF-411 Cf TU KrrAn DE!`fY0N£O FROFETOY a prrerED 4O r•C BEST GF rtr I140M.E01E AAL)BOW MO 711.LRL'#W1EH 5FIC1114 HEREON A7 O1.fOESE0 MDR Lf1 OISCITUS:h 11011![4 16,10I1 MEETS THE WOW Tf714iCFL s1A•D1ADS FC FMK MY THE/IOWA DONS Or P90f1i9CN41 aroTTORs Am IYAIF(el N CHAPTER 5J-17.F1 54104 ANAfatMT"E CCM P5IRa1,$0T TO ari'ON 472E27,P13413A STAP.REL.8.4AECT To M oyLl icAnor 9 NGTm imam Inn,A ABBOCNTf1.ir0. I (comma EAIIIFl9IE f ../.114.4"..A.4 Al. ' PRYLASI APA S1INAA EYDi O WPM Sj(AT,b,TON Au 5000 Jt !{PATE Or FIN;1I]t _ _, _. _ .. SKETCH & DESCRIPTION i -f .ji`�� ,fm-n/OOPJ 7: EIROW'ARD COUNTY t vahalL.L-1 ARS RIG"4IS CASEMENT eerlru41,10 eno r+.�orw Y]f)!1'c Opl ,_„,.77. 1, A PORT#DN OF THE FLORIDA7ewlx�0f r A5¢1±LL � l RA EAST COAST I WAY 0644>o At MO 1411114 RKEMT-OF-WAY wK....ia -'AA am■4W (ma BY OO RaF1':J 3....._..3 SECTION 27'-40-42MST-7,,L.eY..+L. O,TC 8r._4544_ Orr arr.y'I I Wow coon Hamm moor/7 MQ S)7:tA0.Q0 ICHgIr 9 _ E PIvn 2 Page 578 of 849 64979 111.;71.2995, c t His 5ooaa Po 979, Piga 19 of 24 i SGML 1'-,?od \ ": k i dd FARM'6' .: :e y�� PA �I M/LR11 910ap Ste' VIM' gp� IEdfbr is HA IR 4.C,I[ q.y� A a i I4f y L $00l p ,p.4!•::4.' k 41 f-,-__-:,--„.__ _-: . -� . ,I�. e. i —1 , ,. . „ , .a9.. iI �� �d �" 1 4,-,0,,, ._,4 i, .,. ,_ ,—i. '�a�il1 --� ;g14.1 osier ca.gSVP Iii .c. ,, , v .., z ;' T* ,A 44.1- 4, 1 lbw.. 8p , i rrr suwc i� aMC�T ` BK . •.. , \__— _ -fL _ `Yjto, N loth gem _ r— - / t i ! ---. SKETCH & DESCRIPTION A„F„/no,erir. "'i OFICIWARD CSI TY IAMVIG ■ 4 AR laws EASEMEN1 ear"ioltlr,p enytneMri XXV 1 A PCRTIdd AS TF1 .tvArPLeA +pn xfim� 1779 ar N a 21t 9,00-0E-NV-WAY 1>++c 2-ar• aro nun&sr 4e I SEC116H 27-4b-42 sr�r ,1�_+ 1 rare i rt.•yam_,slows a�wm.MAW iwMINO0 ra 07500.00 talc arm, MIIIIMIS Vw;x:f Page 579 of 849 114171 9 221722955, OR BE 50044 P3 979, Paws 14 of 24 45. OET/iL NOT TO SCALE ',,,,CE 1 z $z s01l .411?? ..9,...-4. 1653.ia' SOR.".`s'�rw 1 t itz NA5'.f5'0B"E 16b. 23' ,. 4 MINNIMINIM — MIllhh.. ir' �° .;.N. -?..,5.-:6' , 1553.2S 545'35'09"W FLORIDA CAST • fL04i10A EASY COAST "r COAST RAILWAY RAILWAY AGRI-OF-RAY n RICHT-OF-WAY N N DUSTING RMS.\ N4.'35'09'E '6:3.23' Aft _ __a'�, A. '69, ' ''.2,9-7''A, 1653 3" 545'95"DS f: SKETCH & DE_ `. �� • IT'S sum Ill�o/I" .ArAr s DDC/RARP G4JHTY �. ! .4l INIMIR1. NR RI +TS EA5EIlENi a,-.ul re,gr . G.fr•owe.e FOR2 t A PORTION Cf THE FLORIDA w fast.e UAC 1=t4- _ ate.rte+ f rep. IK.tl .. iv*.Mk co..c.n EAST COAST RAILWAY er-1,m JK(11 fP , RIQHT..cF—WAY _ re' no A" /rQQ— eMA3 MI 4..an SEC1fCf4 27-4a -42 r 3 pr L m*o rA wmwo COMM new L0A iev AR 517500,Qq Page 580 of 849 :NM R 411712986, OR W( 50044 P0 980, Sada 20 at 24 PERPETUAL AERIAL EASEMENT AOREEMEITr BETWEEN FI *WARD COUNTY; FLORIDA EAST CrCAST RAILWAY,LAR.;ILL ABOARD FLORiDA-OPERATIONS LW; AHO F06 FLAOLER STATION II LLC 0xFrelT C TERMS AND CONDrriON5 OF PERPETUAL AERIAL EASEMENT 1. The lemons rattail o,latnao w Paraarapha A t vQV2Il M a SI*FIRROSa1T ARAM f,aaama rl to which the exhibit is attached are hue end cermet and aro hereby incorporated heron by thin reference. 2. This Genet?001 haw.ler Ba use and benefh of the prtk and as further dMAbSd herein,a ronbnuang and parpalud pudic rept of free. onrasrresd and unobstructed Rd. passage.operation,aloes and navigation by arcreft at tiny and all kids,ounerlhltdan,mkt and character,ex lona now at in the feriae,In the erepaos within the Eaeemec4 IW.puty,trend on the surfaces 01 the Runway Ria a abhdhres to be ooi.tucfed by Oranlee Iw*th gale 9eelteaia Froparl4 tor•agy�atbn c on ht in the alt peue enc.-RI.I9f et sail end heats. y stObe eros:and tat.use,of said and pas a 4tr+UY�'Eien tan1. rawly for landrig an or,t>tldrlg of hdri.Or SIS lie Airpdrt and fq 9rl9nlit Iliie; * t opeyn-said Shaker theMt anpane taw-the Eas&rfrard Pasbarlt'-ria-are`•-• tprpena fatleiverelon et akersti Pqr pia BudaL Rlnajay 0411 EI 808915yrd the j I •fight 91 eMdrl the it Properly,aDianrarn ,j, pir til mtcldn4l penelratfora or a aatane}ta etto theeddr (Le fhria ereihalbcfow ter Easement PToperiyi; aui:h as.anlnaulany tt6'+CtuieyynP+draritarfte ot f%o to*rrrl4esTd by or on behalf of reenter. 3 The Grants*further Chill now,tar the use and benefit of lye pubic,a bond anp seek right ei tree unrestricted and tmobdrscted use rule Runway Bndaee Structures for an actMeea appurtenant to the operation of airaak ndudna ethdtet Ilmitafion.tnie by ynargency Inti Mires grand vehicles,panemert mairlrnartee,roheditelian end repair,de arnent inepeclien and Ole remora,at for lgn ob+eat debba;end eta;warren rraresnance and repair of rumvsy WON edit neviaeliarral aye. As Wale Karan.tfie Wan'aircraft'shall meed In and to types or dowel used or intended to be used for fight ii the at,wheher now it erialence or hereafter mandadunid arid denebped,to liduda. but rcl be errtted to,TM aroma, propeller Crirrrh advcoft,cirri ahead!,!,mtilary aircraft,bonlmerhlee aircraft,ha cipters and all types of liroralt Ur vehicles now In exigence or hereafter developed regardless et eedaNng or Keats noire leve* tor tree purpose ea renaming persons m rxaperty lalagh the ar, by whoever ararm or aperaled. 4 The Grantee hither shat raw a rota of'scxrlable IC01386 II PIP 1iel Corridor Property Wow 11w Lasenent Prapart)for ala frrflPee purpose of Inegetlng,moina reag,raparhq,and rellat✓ihtaiina fila Rr rhray Bridge Bh,udure&pnwL3ad that such access shad not interfere wigs rive Lye and ufieabefi of Ale Rad Gotfrlor Property ndtdng,witted limitation any!scabies or shuotsrs Inrdpied or operating therein town erne to hinne. In the event of arty'damn*to the Runwry 8rdge Structures or the Rat Courdof Property Of b any anter properly of Grantee at Grantor bellied on t e Rumen Bridge Saruchres or the Rail Cordia Property,each party steal Moiled In prampry raper Wet prOperty,reaaraca of wtrkO party meg he reappnedale ftr Ate caste or:oval, To the earenr aBrplretb,the Inlnwrr3 shall ocoern reimbursement ft)Grarnee span net be responshle ho relrnbires the Grantor for any moans rnir"Je by Grantor to ila Rat Corridor Property and other property of Granter,is ane extant that the dameae With c-8J$t✓d by Iir,.174i.1l Ertrht C Page I at 4 Page 581 of 849 INRSR • iii712885, cet Etc 5404/ Pr; 981, rage 16 of 21 Vre rdanbente misscars ret re regigerd act or Gorton,Or any agert,contractor,licensee.leaeee, a inveee of Grocer*:and(q lithe neseairy fa wry repairs to the Runway endge Structues or Prier property d Grantee recited Ihareon was caused by Grantors negigenae,then G rereec may et.*meebi ryarnent from Grantor Ior Grantees repines in repairing the Rupwey Bridge Stun man to the cow caused by this IotddllOnol misconduct or negligent act Cs(knew The parses anal erdeevor o reaohe among themselves the cause of any damage,and ells portiere ace unable in good fart to agree regaretng plainer any reimbursement s required from either Urania,Co Galtee,de Book:able then sdhs of thorn ehai be entdien In prrsue ay and el remedies try acrd Brough Any cease at action of whatsoever netlre prowled by and eveNable under Lew or In equly rich rasped thereto inolurar.g as avahne est end admhlatra6w remedies(eadufrg arbitration)to obtain rotnburaamen for the colt or the repair hared pursuant hereto. in edition,matting haren snag pre.ertl the Gonne and he Grootef from neey.YQ telmbrAreemard door ttta 0001 a1 any rapers to Grantees Rurally Bridle Sen,clurex and olhet Greets property located therein end Rall Gompor Property bred Other Grantor peperty ax8tied maroon Rom any olhr ,eh00nenble party, ivduning, %Shawl IFn Haben,Grantee's or >rantor's agents oontLltcae,linerxrr_c.Imcers..an.witee8. =4.—1 iGrarneor ruvt a hetes tae{seri Perpetual-Most E Art ur/bee!*as Na prase the protbtb r q1 trans:oh ado. ernocraCeireV O upon' Mao 1qqe Element Property:asoeyl'fer the Runway ROSIN Brno:demi.Groatar rasa ct lu1 A6t permit bullring*.Yvcbires.,IhdiBieen IrnprOVOTTIa ,vayNatkn ra .411.50.441111b+o- Ille lgcaeaq cp�rtiah�aahad�4d et v Olt rile l mr€aa.rrart Property.floe or lb the feting,-oMler ;hart 114 og Bar Peewit Olt re ether treaty gra of r bu Cng-air The wO heti t to t in}e o irlrueicn r rY of irry t)dec9r�a other�. ambits e,tree,tacalrry or rege eaten. +rrr-a 1� pd.*bearer mlural_bt men-made,that mptt now de in the future adeno or arms&into the eirepeoa nl the basement Pioweib 0, ertnuocl:u000 Ila Runway Fridge anent are. B. Subject to the provisions ce this Easemerd,the Fa,Srretent aro grails to bre Grantee aha continuing right to pnwent any fantty or welly y(insidryp.tut not limited le,gtsfhp egtea or eIe IrOr11C I rrefielPlpsl on the Rail Curlier Property that mglll interfere leVi the sate Operation of aircraft using said Ease--t Property Or taking df or arcing at the Alpert Ora the Runway Bndge Structuresunless wank harpy or eon"is necessary IV uta sae end ancient operation of t,e rained or rights to awn acvrdy a facifhy neve been aapres retailed by Granao• IM8uare to t a Easement However, rage dlees ci the raepang provisions Grantor must campy with paragraph B WON in is mtl-ety. 1. Ths Casement does na.cori66 Grantee to obstruct prevent pmMn IN restrict any activities or fadlliae Shat ere lasted underground, Wow the surface et the Rd Coulee( Property Weeper misting as of the dale of lhfe Faaament or in 81e Mural It t9Nle ecrdloeteogoe sad agreed trot the rights to any are al such subgrede and subterranean frecabas and shrines are espna6oY retained n Grimm in tie Easement, 8, Thy Easement&NS not wrIUle(Raffles to Mane. prevent, p0Ohibt or restrlol any eatr(fbes or tackle,an or wenn the eboia-ground portion of IS Rall Corridor Property than do not extend or ereroech Into the Easement Property, inotrdF6. %Short bniatian, for tie oonelrucean or a8 erpton of ratlaim or any otos essMNea for me site and erftlert operation of the ralroaa,it being edroto ledged led agreed 8161 the rights ID any and al roti meter..ire enj'eiely retained try the Grantor n this Easenlenl pureed pal Grantor heresy agfees teal if applicable tan.reamer.,Grantor anal fie s notes('FAA Naomi reth the redetal A.rialhr, .Adml,led'aeon or staxersor egen011{'FPA 1 crater la CFR Part 77,as it nay be weeded frac. i.urnlc,n 1 EdItS C Page 2 hot Page 582 of 849 688 40 E85 e6ed PA,3 gOed 3 7414.] •,..4,1.0 41edtAkci L UY.r J au u +16u 1 J0aRte OW}J IU I4a4 sal yo gaguan1 l41,Pt 1941 Pole'Piet WI Y11M'm 3849 UleJe4 pgfAJIJs0J WA peIu!J6 Itueutasee pug sabetyud sW6u'wawa:. up Mg aaua'J,41 NO+OIUYl J e'4P'4.'40474 We.i4 peeJOe put pbar(Arpun mit"et ll 6 eeiPMdod anA7adsai ,wu J0013Ue 4.aa trim 00 e14e4/00g Wu art Ma sucgaInOa,Ydd UJe W praulaa3 P141 04 F4gd.euge s ct Ptluanp aq tou ma geurpe-Jad Pue swum,'W i at wPWse3 sag ui 9a0IJe>ete8 {e1i Mrl pug eD48uwnbo,AWidal Cl we{4<'d we 3914 tit."PA.J,b1 al paooepa.au Aew 613140.11 AIM x14)elA oi ANL yams fie klo10 a P4Pp4d 4949 pie'a14eJ13eU to butesXki sluaap s se•AgI0ulrm pepIaunuarn6 lrsaaacra Am n'I.a3d)JJalasllJLuao suo4murwulcr 1e11pej eta pug '{.Ytil.) uotpupatempy pas4Pil R'eP1j out tpag.9LIIIMI1LIW00 J1?X sButg gnaw!ew aapwsc put JuguefF'P040N YY ue u 4pg4 las 1.1311/W'41M IJarJall raJ Ul 'whom.;7141 4,ONO*PQ Pgt4PWJ AI1galdaa eJn(9)Atiow 1pos IP 4u!4:1e w sag utp Ougru apuongp wets Ot11'calo3 tap poring pug panparaugag Ouuq 4'gutgtgn[w M18 PMq apeOldde ee oA paegrg fiulu a1W1o!Jt1 woo Aq pelages(s)'a11gw aqt Otte.paa0OJd JgggaiPll JAM JOIUegJ 041 sdt4PuP004(WAS y II#NPJd lalIi i(J plrOUs fq)pug uogegneu at ut petal! 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(pill U IDA ?g sialleut n q$1 Pa?*Il,Aoip DISAS w go:b'dj iii _. j s;iapernld JUIwO ?4►atup ail, tP4p 411,421M 15a$l 4.001 -I 1 PArFire.1 ua415400 i JM op PJetlli to 1,(01lU01000XI e A U044PW:00100 D1arn1.1 14.a 141.18 apnuri 0l tint WA 0041ti 'Ua11e'6w1 le at 4.6(94 a ept4geuoo lou oP 9Opoh 4'Yp a4)Up 41104$6 0114190 eap out OUpim w,egLAUJgg4J WA 941 MY w'00POM Wd g4 u!WG log WUSW 014410 ADnta g irtggg!Di SW F%14 MA OU!IuM u aalgpap Ai,'=P U') uWguUuagq pJezeFp o41 e W 9P11gnl01:le masa aq IP41 Wi mi Aq guageuluu!Pp OAMogn1 W to Ja4i3 IJJgu/aPe3 situ 444 ponpu.rd 919 sauna vans Put tete Patch Cue peepPtwcuve DUiq 41'09$110d powwow! A4 raa64g1 Jl(wiped a 101 woe'Ma 14400!-O-600 MOTH ON oil U! Pg4s!Pelea P.,!-Q1 Aug pa pug NI 6u*0104 00q0uuumac oita'H OM 044 Al)mama(141g10W ate tarn Paned Mew 1011Ae.cO 041 (.1n14!WUJUP I px2t4 o1.4.)4ultureoof dl wed 044 OJ 0010404' w '- £' 00 P1Jsz1H cea i0 Uap 44UJJglep P tergal VIA a4t u traluei0 O! eluetw/00 tang kW Jo fdaa U apuad Imre saws)pug)1061gso 14 OUyt'47r0t dug&gam(*)WA leg a1 PPwt:wt O o'Wens Attu 3O J %)Pie OUI4!*al.,i of 3044084 Wi tors Ault to Adba 0 0131A01 ue48 =wag) 'Datums 0144 to LOtSJadO Immo Pug 8311 KA 101 OM0D9e JPVO 1441!A3'wilt".KI ua40Jlltie 1P'50141r4ee 40 UCtr14q@.JO3 0I11 101 UO9 44WD',WNW.40!pr!Pn V.;."443 Sep A al.e NA Aug Don 0101 uPO 914UM1 le'D Mg 111 'd np0103 gold 04!10 IXAJDd Remit-warp gJD 1ulpw 10530 al s!6'44 uugglgeelf awed a4t at)'utas az 4*0 sagwW!Jate0 Allem'00!94093 P(1011140141 10'104k4014 P UtilanJIP 03 Put of 3614801 41M(,Ua0gn5a4 L1 pad:gut up OA ei la Li •6.I 'zee :r1 e000S HE 80 'SB!LiitIS 1 4LSNZ Itr87P 4 111712665, PR HMC 50044 PO 463. lege le of 24 WW1 be the eeniert lemmata and euttsdinele to INs Easement end the rights or the Grenee's Arrporl n me Escemar8 Prgpgrty Vial he Wm dmmdant%named In 601 Ereernar4 PrMely The ree wise Ca Sl-laden And Weak enfewrstrnme shall he wont*10 the Grande erel the Grantee so Wore Mit Emanated,as 7rW1 as at Other sparks that may be avayble al dm and rn aquey 10 h it undandkrod and egread CoA 11* phrRRee '61ire and etli6en1 Opec§Oon at the redraed•,Tabooed nparabrns'or other Benin terms uaad*nein ennornpa6a ap preea,t and MM.ne•CIraed a mradena.MCUdhp tq►l and paesmger rep eeMoe,wMttter condo by Grantor nr natant 11 As deserted m 6drtblb A and B hue baaemerd,a pn ban at the tasamxd embody overlaps with that certain Aeporl Approach Hfl-o1-Way and Clear Zorn Casement Jebel December 17. 1888 h few or rent hoe 1996 Clear lone Eeearnerr)re fded In Calker Records Bo* 14055, Pape 204, or he Pudic Record§ cd Brainerd Canty. Florida$Vw `Overtagrlinyt Prue') tint reaped Ho the C'.wlapptng Arse,It Ant anent of a Conflict between Con port!%'rlglr%ane,nbtga:ms under nor Easement aa!!)f polite_nips ar>d ablpetione non 10811 Clear Zone Eaamr_nt,tttis-gale ern et‘al f ¢L t TNR RRlrran play ru be fq end it itg in alio to the Eastora Property y }A be .aim**,fi'Kneini ant in eaecuhw414 Gra dde and+sanea rnis 'thee- btsonstrued D!p§de*,'ttiltr bv�+'rtad 2y the I9 Salt ll_ t*d i • tosabvi E1dr1611 C Pap§4 V4 Page 584 of 849 ;Ng4R * 1117128aS, OR Px 50004 A; 9B4, aapo /9 of 20 /C11NDER.CONSENT AND SUBORL NATION OF MOSTt AUFF, To: ILROWARD COUNTY IROP 11O1L4'E ACQUISdT)Q7 HOLDING LLC l[M'Mortgagee.),being the holder of that certain Mongege, Adsigmncnt of(eases and Rena, Security Agrerrnenr and fixture Fining recorded In O.R.Beak 44867.Page 1139,on Deaanber 4.2067;Mortgage Modification and Spreader Agreement recorded in O.R.Boole 44ra,Page 6911,an January B.7008,Assignment ed Mortgage,,Aasignmail of[.rants and Rents,Security Agrermcn and Fixture Kline recorded in O.R. Book 46443, Page 382,on Aurora 11, 200% Second Mrrte,age Mtsdificarica and Spreader ARreeuerent recorded in U.R. Nook 46611. Page 23, tr. October 21, 2009: S929,757,&t1 72 Splitter Mortgage,Assignment of leaser and Rants,Security Agaeemere and Fixture Filing recorded in O.R.But*46741.Page 205,on December!7,20171;Partial Relent of Mortgage recorded in O.R.Book 4767$,Page 1701,on January 27,all i;Partial Release of flfu m in.6tR 4.67x,P age 1704 Wery'27, 2f�11; Asatgn opal.of Attdt mentti(J o�d Pang,'Ste 'nal xiuref111ng,J6enticatilt1 O.R. Boil 4 , , Pa4t 47, u,Jdau►t'' Yat 20 1 MNen�qu Reatelett' 8egaI INi ' meat of arae ladlsean.Satairy Agrettesan Frani .fih'a aeetatdbff in 1014104, 47179,Ptier.3,. wy [-29114 Partial of Mpr!age rattiest 1 CER,Bask:: • a ,28,'"gc 4447; try'17,`201 A57ilgq 1 of M 7 s �r 1La4t and ip nt3,i3cetaity ,F v''nac in Rstik.47 P 1468,in Fi inn ay 17.2011:anti r sided ixd `•Siated . gage. A narient Of Lt 'and Rets. Security Agreement and Fixture Filing.teaxrtded in UR Book 47728,Page 14549,an February 17,2011,all of the Public Record%of Bernard County.Florida(du foregoing documents are. hereinafter.utilkxxively.referred to w.the"Mortgage"),anxtttsberiegcertain easaucnr itches in the following deathbed property,in Brow-ant County.Merida,to-wit SEE EXHIBIT A,attached hereto and nails a part hereof, Subject to the terms and coodititxu of thin Joinder, Cannot and Sulvsdiaat;at of Mortgagee(this"Subordination Agtermenl").Mortgagee doer hereby and herewith content In and join with Ali Abound Fkxidx -Operaliouts LLC.a Delaware lirnira:l liability commaly ("AAF") in the forgoing Perpetual Actial Eminent(the',serial Eastmain bCneen Florida Sita CnasY Railway,LL.C..a Florida limiicd liability company,All Aboard Fiend*-Tlperarir an I.I.0 a Delaware limited habilis),company and FDCJ Hagler Station IT TiC,a Delaware limited liability company,as the"Grantor:and Browatd County,a politica.'aubdisition or the Stair of Florida,as"Granter"which Aerial Eatettanit shall be acceded iii the pnhlic records of Btavani Crary florid. k is espressiy understood dad dtrccn that this Suhnrdiration Agreetned:than-ma he cctiiutow in a lieMetiott Ort Lint rl tc;•rf ter Mortgagee and AAF to anneal,modify o1 otherwise mipplemcm,from time to time,the Mongage andlor nests thereunder.so loma as the Mortgage remains anMot to this S11bodination Agreement. which shall be made a part of the Aerial Eneznent. Further,this Submrdioatitm ASennent and the tams and prrwiacma of the Atrial Easeatcnt Ow atTecr the Mortgagee may net be aoaeeded or modified eanept by a written Page 585 of 849 INErp. 8 111712BED, OR BE 50044 P at Paqc. 2.C, of 24 tnuromerg executed by clic Mort?mire that is secon.V.1 ut tic Public Recurch it Btoward County, Flotida. Sur'imr p the terms aski ANItliLIORS of this Sdhandinatioli Agreement, tbc Mortgap,ce agrees that the ban sod security imerast evidenced and created in, be ht;dtgage and the ruscaxLye rights inn ncrlias of the htartgager therMsridte FAO iI lI buss be Mira and snhcadinalc in all ruspixas and iinnwr in Faincily to the Acnol Emerrieht,arid all cif rhe team. cinV.Iisill6 ecnditiune. romanced tem. The Muctat.,ce strre-seins Nal, as of ilic daie harof,ether that se refaramed above,the Mtn4at.,V has tin been modifsed,firsrladed andicir axisolldatcil and that Mortgahoc has trot ILanatccred,convcrd cc 40.5igned any of its rights,title or Immo in the!Wingate, WITNESSESi IRON THIR.SR ALOIRSITION HOLDING LLC By:, _ . - N•igand"L'' • lief-- __ ••• ItkiktAk0 :Ab_T • • • • I --, . 411Urtil ( -- STAIR OP r‘tki/ / I riW COUNTY or Vekt Thg foregoing instrument was acirdanclarlied before me this day of ,2U13,by )0ta McgrISFLIf.,an Chaj tipandid Oat;of IRON HOUSE ACQUISITION HOLDING U.C.oh hchalf of the muted liability company. /Cf:/she is?critically appeared before me and cshwed this insmutian 9.11(1 is persrmally known to mu av eircitiftentirgr?,... 14ACA•t cica -fil/RtikraLs, Missy Public _ _• Print Namur_ Iii-j):1"1X) MV emnanissran eXPirn. . • . RCISMPO owes tuition lePIAFY Pasuc-sult Ce law vORK • tliai I!PO Oigalearl mac to* • Cannisset!sopa pho 16,splo, Page 586 of 849 :two* * 1117_2885; CR Bit 5(1044 Kt I*5 Poga 21 of 21 Fabibit A login DiwiiptiLo a/414101 O TIC RJPn1/CUT 11061 MORT Mtf-IF-111 r4O717N01 ID M recclA4/717 KIP SM.I,PK 10 O M NINA PUMP[ff l/c11N C.1MY.nOt&600 r11111TIN LYNG P1 PE P(MKMIT pcyyMT1P VOW ECgl I7.D%y .W souiu RMQ II Cisi Am 1Iti16 0IIc PJRIOUR'O ImIOT u rotL It m.le44 A'111 80,111!51 w7101 or 11(S nYl[ti7t OI1-4414 (u.lti)07 IMI KTn11 26 10Q 4111 p1v4TY 101,MO'I 1111 HL1T us Cr 11/1117414.81 0I-0.Irc►('iL1p;,Nam+n1 1D I POR O IrEAkI101 14TH nc antRit 1r to/UAW 11^11011 11 Pin 147a IWII 01111 101. MOW 110(Q111Png mum"'21 TI 111 POR 111101111 co 74 Pel Im/WT 1011-0'-1ST O' K RAW]MIT OW=armor MAV IP1(K r. 111E Co 101011•A''011 1144010211-47111.707 111000.11C4imam Wry,imam 070171 ASW � II 10 AC PIM 1Ir =ROM M Mlno T i 1R IE i O M PKk IWI710 1Y 111700 OLM57.0.5 4s'Mel 110511 16'1411'817,1701I SW WOK,' Let lap OMEN.?use me ns AtmRl,MT 0101171 7COMIEW`II M11LN motto 0/6 i,it a room A(•( 1 *1(1 116 PIE 117 11 1( mix EOGIEM R pram 07118 PTLIAA'11111 r1T A A Karr 01 1 L14 17100 WI 00111 at rub MALE Orr IMP commie 11€412 scud PnoW 1.'1'.4141 SAD 111..2111./1..4111 TMT T111 POYT IM K 441147 10.110}0111.41-41?14 4! TIC 0141 for=PST MIRY/it We L<1115110.1 M01r- O-1AT a 1114=mode mil*I W+I/41L MW4AYi Toon:mHM Y76'a'mom Ill/10 M7 r1iSCT 0.0-1014 M1iIr-1-11'010 I/O 111157111_1 VIII p041MAW 7•JR-7`111,141,141 FELT 15 1 00511 Or I IH[ .100.(1)Pi'=MI O MO P1/1/1111.1M1 541 C01571I Pea PPM d14W 101 0011 TAG PMMA H1d. 144(0 rrrr 17 A PONT 0r 110 11141 KO-10 T 10(5-1-111 ASCI IOW P1.L4V4P 1K 17 111)PMOL'A' X12-Inall011 MOI NI@ILL M11P71rntf t 1010 1.2 1 00 -0010 o -mgr.4-0.4u0.: • '1[11 40-.1:171611541.111.140 114!MOUSY 0i It514 1t"N'4141 Iain !-I[iY1�4ir.r 11.1..2 1 �,04TH /0 / 11041 IC4111 Vas TG nc P11c 14 411. 74 1 . 0 Utes sMR tw�me PPRt00 1 wo 1 "p Anlm nnUD4 we mot/optMk= PAPA 4M1T7 10.11:Iii f..0 •I 18101 TMT IS 9O2.t ye Tog westx....Nam MN14O7111+41 OLM 2051-Mililln1T PIP 070 0:07m17 P07r 14711 1M 1111110 0111111/ r I i ----I — , 1 i Li' Page 587 of 849 INSI& f 1117,2885, OF BIC 50C'44 Pt: 907, Papa 22 of 28 L(N\TF.R.CONI;FN7 AND SI1lQRfl1NA'DON OE hMQ11itu�i.FF I v. BRO WARD COUNTY Wells Fargo Bank,NA,as Trce1Os,Iii Trvvt fur Hullos of Ranr.of America Lark Uma,Ir>_.. C'unneerual Mortgage Pass-Through Ctnifialtrs,Saks 2009-FDf7 (The'Mtelg ties';.beita, the hcSJa of that certain(ii Mottpagc,Aastgrtmcnl of Leases and Rents,Scctaily.4grcrraa t and Fultar Filing ruaurded to 0 Hook 44867,Page 1139.On[Wernher 4,2007.(iil Mortgage klohtiatiun acid Sprmitkr AKrttatwisl rwcrdod in U.R.Buoy 4497x,Page 69S,en lanunry 8. 201111.(nil Assrgranent of Montoya,Assignment of Lusa iota Menta,Security Agreement and Fixture Filing recorded tri O.R. Book 46443. Page 382, on August I I, 2039: (iv)Secxmd Mortgage Mudificalwn and Sp-osier Agreement recorded io V.R. Rook 4661 I.Page 23,on October 21,2009;(o)Assignmcat of S460,030.o00 Splitter Mort,page,Asci$Nourn of Leases and Renta Security Aga:careut end flume Filing rn orded in OR Book 44741, Page 406,an Detember 17,2009;(vi;J.turtgage Mt akacaliun and Spar ci_Agreatib nt recoeded in OR Book -46741-71age.365,u t petaiolber 17,2009;4.00 Anutud4d sad-Radatcd�'�artgagc Asagsf inflt at 1 Leases arms and a'siMy A rx sent okapi in OR. Rook'46741 f ,r.41,1`.,(sjr D*a nit i 17, ttOG) (s1IAsaiparan0:1-ol Axn Lsj aIu kevroibd Mortgage;AstIgnuiill 9f Lama std Kenai and 'Ow-Agrtx.uru, roxu0.1 in it.R.-Honk 16241 Pana S§6. en Dtxember 00S,andlx.)Amit'loix tis slyuwlt.]and Rlt8ted 3lo/tE a 4 1u* d... Le_seti oaf Rents and Se mil)lAgmptuldl rtenoi ed r 0.R.Roth.495711,.,P/q #4,iiMarctj'. 3d ,all of the Politic cvdiva'1 rrxvard C'cluni'f Tlorida(?he.f3iug3ibY 0f4vments dry herenaP.t.cnileotively,referred to as the"Mortgage"),mrwlnberitt,R eet'ra.'n seismic rights is the!Mowing dcxribad Frtpetty.in Brosrard Cnmly,Flonda,to-wit: SF.1:,PXIIIBl7 A.attached hereto and tore a part lracof; Subject to the terry and ana"innras of this kinder, Consent and Stxsccrdirarine of Mtvtgagce(Iles"Submdtnarien A( cemeal":4 Mortgagee dues hereby an herewith,consent In mud loin with]•ells Elaglcr Station('LLC.n Delaware.limited liability company t•FDC,PS 111 in 11w'leaguing Pea}wival Apia'Raaf natl(the'Aa.n1 txavin rt")between Florida Eat Corot Railway,L.L.C.,a F6orlda litnke41 Itabliity uumpa y.All Abuaad Florida- Operations LEC,a Delawart hosted liability ournparty and Fixi Flagier Statluu R UC,a Delaware smiled liability company,at the"Granton,"and Brovurd Cour} a political rrtixtivition of the Slate of FIcede, as'Ciwtrx"which Atrial Eastror ant shall be recast/ad in the lmblic reen►da of Arnwnrl County Honda 1 is rspaeisly tmdedoud and areal that thin Subeeditsraiom Agreement shall not be 1:011801/14 as n limitation et6the right of the Mottpave acd 1-1.16 FS R to amend,modify Ca ucfora_ce aapldernent,from titre to time,the Mortgage:and*rights thereunder,so long as the Mortgage remains subsea to this Subordination Agrccnwa 1,whicF shall be made a pat of the Aerial Faamer:a. Further,this Subordination Agraxtnenr and the terms and pravvums of 11z Aerial I•astmtttt that allimt Ibc Mortgagee tray not he amended or mtxiil:ad except by a written imarunxta sari-.tire]'iv Utc tdorlan xv that is reoarded in the Public Retwnk of Browrtrd Cooney, Florida Page 588 of 849 Itra7P t 11171201Sb, Oa B 40044 Pt; DBA, poor 23 of 24 Subject to the terms and coodi:ious of this Subunlimtiun Agreement, the Mnetgayee agrees that the Gen and security intern's cvidena'J tad ereattd by the Mortgage and the respective rights and remedies of the Mortgagee Iheremuder shall el all liras be subject and subeniinate in all Icapccts and junior is priority to ter Acid Fasesnent,end all of the terms, curer-ns end Condltkjiie euotadnetl therein The Mortgagee represents that,as of no dptc bcro:tf,crher than as referenced abort,the Mortgage h n not been modfied,amended andbr consolidated and that Murtgagm has nut tnnsfared,conveyed o-ansirre i any of eta rights,title nr Interest in the Mortgage. W]TNlSSES: Welk Fargo Rank.NA.;as Tm aloe in Taut for I h Ida%of Banc cf AmgriCp Large Livor. Trac,Commeraal Montoro Pass=Through Certificates,Series 2009-FDC L I 'By heal dikgsatiea.N.A41A i L I I , l % 11 � r— By' .. �- a Mink. -ARM" ,try i A N Y/lft, • —_ Print NamcL,Qt (6 D•lit( ersCri STATE OF NORTH CAROLINA ) : en, COUNTY OF MI;CKLENNURO ) On the day Of in the imr 21l_, before rree, the ut.hcrr,tnvel, persumlly appeared ,personally Iowan to in;or proved to Itsc un the barba 0f saIrofxwry evideree to bti the individual se&ose name is suhscribed In the s'.'nldrn htetrwbent end acknowledged to nue that be executed the smoe in his capacity,and that by ha signature on the insmnrurt,the indtttduul,et the person upon behalf of which the individual ogled,=tried the inanuellz. liCtegifLZ‘10 4110 Notary Public Aly Commlatlea Lspirrc: u..tn,, °" t�e�lrpuau� $40 `' b = ::( 0 NYCseakt�:2.NN _ cn -00 In: >•.° oP.= tV _ �,. Page 589 of 849 12184R t 111772$95, EA ECw 5C044 PG 989, Pogo 24 of 24 Pxhibit A 1.001 Duariplion A 10'Itipl of if c.04IA LIST J&4ZT IyllW MYIS-IX-$Y MmW0lf?9 M I lAtSJK9R IIM BION 7.•AR ma M POW AI'-0NDw Or VL"A1110 0411711'.PA W.LAS POPOV LTIO M DS SlouU[AST OC•sW4FIAKFt/* 0 liroN V.T98.8$rt 44 eIrrut 11.1"a7 EAST MO OE 4M WOOLAPO'WOMMO Aa R7U01e: =AMMO A'1W SLYIaYCrr WWI a $10111$4$T TKA 17101TI)I*L' O^V,Y 7:1.111111 L.1 IMIO MITI 014147 Mil,ILO70*MO ON a 1An 4JPC41 Olt OAT-1N1 Aim f171 ID A ION'a 01MtcI1O1 VIN ice GrAnouve a woo,to-AQM1/m SVT news sum itteW GSf. IOW Se ONvos3i I 44 RM To TN 14011 of info*OS'sot WOW.101.-1,M1 l-U T IT K Root tar cop 44.41 kw MO*1IC f*$.1 LW O room'A'1041 mittlout-otstrogo YI®1AlOYq AOOIT T1 MOM MOM.*TO Ptt 4*Al WOO"4 Il RAT MN OP TM't N a 11[MIL MAMP. Of MOM crimp.AAQA:11tNTZ NOiM OPOW coat ICON GO GV9W-1 NM*4 MOW.WL Ala Pt M$*,T LINT K 1* 'A'1,011 imati IY-H04I o PAPIIIItifilft AIrro 7 4i AAO.AT/,OMO M DIT ft.Al MOOT SO le"fi"m h A1.0 4*OP*Im IT al 4$ h►K a 1rgAi1?ILOIMY.slater.nO112 MI ID A MRI a A 1AS IOW RET.saw a ATO $AMUR OM*4-coraruc,term TUM 4,10Wc-$41,MOM 1140 Portal.ut.114.41 IT,4t 10 A MO Oil NR UMW!IO-41107 1471+41..MT a 114*4144[ALT WAOT. ,v MAO MA no mi OtT N4T- 0-1,11Y a MI 14*4■OO LS 1/NRW4 NOINITS pita tom Af'M O( WO AMC UP WWI'VI-TYAT im..-0-MST NC 1l0 Y Tom owl awry 6 4*1-41-4541 114173 TM TO A MVO 01•lot 3441 Or OTCP,a NO M017O14 WI SAO=Out 4$4C(IpN1I OT,710 I111.1.OTOO TAO WIIMIR,K. I11A RLT Nl 4 Mot O.WO M11:1k1 1O0-1001 AQTT-4-10.ALIO MOW I*X1 T IK R 34 4baL"A- T01 L4IUriJU:.NQ1MO00 Miftro t43/M AMO.r,MI ATOFAA WOO MAO.*43TJC$04T,1004$*4 =1.171/1/001100,101171, �qt�naa I*'m.100.0.-1.1 .ee 51.(WEPT,'K a romp A 1817 I I.Olvir-*SJ.YYp10 141 A0ati +iA1PIt rlttlA4*4 l 1A10, "14 s r'0*1 at iv+a� mi.r MA`tllt 0401177 o\11C Niht 01,04 "' .- - � � ";1 I L- r, � ' - Page 590 of 849 COMPARABLE SALE NUMBER 17 -PERPETUAL AERIAL EASEMENT (FPL EASEMENT) I m mg 1 >p• 111"kW le1 4 I- ..� .._ ;Ali-s -e.Y` *,� .4+ '.. � ' ..) a • �q N 40 — r� - rid a k r s , Y_ } El----*S- L. `i.1 r . drilla r *, al- df ,-- * _ r *4 .•l 7 hill --,-.-1 ' e• "— .. • 0 .YIe _l._C ; ., :$ rN._ 4 -g`tr It - — F * T �Fa --- 6 . rSa ` y 01 w t .i`' i kk I , . ,,f, -■' • •• r . f- L t - s, ` $• . a.. L J It 1,4 t'. riw; . - --.f, ,,l, , , i 7 '--, ,,..,1 ' :1 1,. te„.-- a"4. .. it ', ) iii RECORDED: Miami-Dade County OR BOOK 21000 PAGE 972 GRANTOR: Florida Power & Light Company GRANTEE: South Kendall Investors, LLC DATE OF SALE: January 15, 2003 DATE INSPECTED: July 23 , 2019 Page 591 of 849 COMPARABLE SALE NUMBER 17 - PERPETUAL AERIAL EASEMENT FPL EASEMENT Continued SITE SIZE/DIMENSIONS: 3 . 106 Acres of land Irregular TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $145, 000 UNIT SALE PRICE PER SQUARE FOOT: $1 . 07 per square foot of land area. Adjoining land was purchased for $9 . 62 thus indicating a value of site encumbered with permanent easement at 11 . 1% of the fee simple value . TYPE OF INSTRUMENT: Perpetual FPL Aerial Easement Agreement FOLIO NO: Portion of this folio- 30-5913- 028-010 LOCATION: East side of SW 127th Avenue at SW 120th Street, Miami, Miami- Dade County Florida LEGAL DESCRIPTION: See attached deed for complete legal description. ZONING: Commercial, Miami Dade County Page 592 of 849 COMPARABLE SALE NUMBER 17 - PERPETUAL AERIAL EASEMENT FPL EASEMENT Continued PRESENT USE: Driveways to adjoining shopping center and FPL Power Lines . HIGHEST AND BEST USE: Commercial CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. Subject Subordination Agreements and mortgage-see easement agreement . No apparent effect on price . TYPE OF IMPROVEMENTS: Driveways and FPL equipment UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Grantee- To provide vehicular access and additional parking to adjoining shopping center with Grantor maintaining an aerial easement for FPL Equipment . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A Page 593 of 849 COMPARABLE SALE NUMBER 17 -PERPETUAL AERIAL EASEMENT (AIRPORT LANDING RAMP) Continued EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This transaction consist of a property encumbered with an FPL easement and the sale of the property subject to that use . The sale was at $1 . 07 per square foot and the adjoining shopping center site was purchased for $9 . 62 thus indicating that the site encumbered with an aerial easement was equal to 11% of the fee simple value. PHOTOGRAPH OF COMPARABLE SALE NUMBER 17 FPL Easement Parcel 41. 'k View of Property looking westerly from shopping center TAKEN BY ROBERT MILLER ON AUGUST 13 , 2015 Page 594 of 849 4T.F Z l; 21OUfPG09I2 1` r � 17 (�4 U ►2UIg$63 2863 ECA.1)S_ tii25 Aan.�tl�'Elia, '1r iiwilaglnre{J..thifesrerq DUC4S71' f ahi.W$Witt 42.58 ,m Lets 1W.irre.d Ft Slum. MEM nagE raaNtx• ry, Iwo DeHett.Ft.Mgr Special Warranty Deed �.+ HA A� Special Warranty Deed made on the /J r . 2003,by and between F,ortda Power S " dal 0. Rolla corpola6on,having Ita mailing address i t P.O.Bax 14 merry' a 33408-0421Y. Mant�or) and South Kendall investor'', uno Mille.Florida ccettpoo whose mailing address is 2627 Ives ° LLC, a Floridaflemged F33180,CGrentee^), } Road,acuate 1113,Nventura:Florida1pri WITNESSETH Grantor, In consideration of Ten Dollars($10.00) and other good and valuable crlrtaitleration, to It paid by Grantee, the receipt of which Is hereby egkrtowiedged, hereby grants,alas,and conveys to Grantee.its successors andns forever lad of that ceatern land situated and located in Miami•Dede County,Florida and more particularly descraied as follove See Exhibit"A'altarned hereto and by oris refseence mace a part hereof for the description or the laud conveyed neraby. %ffjc. fro 7r= .a0-59/Jeeceo is l- subject to taxes and Social assee,rments for the year and ata st.bseoJent years. to zoning reafrlalons and other tequlrenlerrla averred by gavairirntital authority,and to easements,conditions.reservations,rea1rfdtons and ffrnflations of record Subject to an Easement from Grantee to Grantor to be recorded simuttaneousty herewith. Ey acoeptanoe thereof,the 3s Ate aC,ftrton<odges that the above-described real properly ounve yed tereby is adjacent to reel and persona!propewy otmed by Grantor and used by It as a public utility corporattn of the State of Fkaide,and Grantee accepts the conveyers*of the abava-de rs ed property wtth full khrndetlpe and subject to The use oft*t Grtinlar's adjacent land and pancarkel property far each purposes or any other *way a thoreted use. The Grantor hereby binds!Welt and Its suaeseors to+arerrant ate tile as against ea sots of the Grantor hareel cora n4 other.subiec4 only to the matters eat forth above. I-I , (4 ray x {x3i t r Page 595 of 849 r.•.� 21000PG0973 In Witness Whereof,Grantor has caused this instrument to be signed by its duty authorized officer on the date first above written. Executed in the presence of: FLQQ • •• E• . _ /OMPANY /// Signature Jay ,p�r.•r Narne'Tg k. c TT e u Se Istanl Secretary 8— /It?— Print Name: A NC o- - state of Florida73 County of Pefm Beach j On this t) day 01 • 2003, before me. the undersigned notary public, personalty tip ed Jay Molyneaux Serie;Atlomey and Assistant Secretary of Florida Power&L Company,a Fbrida oorporezion,personally known to me to be the person who subscribed to the foregoing instrument and acknowledged thee he executed the same on behalf of said corporation and that he was duly authorized to do so_ to Witness Whereof,I hereunto set my hand and official seaL Neer) foses�.inr ilmc6 0 Ott ltill;� .A.0,-.A.0,-J t�pr. u u Laos No Pubic,Stilts of bride eY.nY Awrw G.tr Page 596 of 849 Yr.t i6 2 { OOOPG0974 Exhibit tlA To Special Warranty Deed Legst Description The West 250.00 feet of the North lei of the Northwest V.of Section 13,Township 55 South,Range 39 Past;less the north 40 feet thereof;less the South 845 feat;and less that parcel of lend deeded to Paradise Peseta,Ltd,by teal certain Sped&Warranty Died dated December le 2001 and recorded in Official Records Soak 20088 a!Page 590 of the Public Records of Miemt-Dade County.FtOrida. MUMISINCOMI%Roe MUM writ MUM AWN rseur eMnrraeAW Page 597 of 849 20995PG�i423 Rai 0,411/0.410.1T MINA=3'h CLea.Wax ea&Nu p�,t.a. tbceatr..mtnKa.i.Ciattealka.et.Mai Ia tlerett 1414641 lltElt rtP. 03R/375958 XMU FEZ 04 t5:{t Shad Nagar&deli Lir We:W Inas«gaMamma tar rr ssrura �taugtt IAk trltY}4 *laeL 30.}a1r 0a0e0ll I'#E 28,77-i )0 5tR1X hn2�tr.7e.m,t1.65 itMMrf T BUVIi tun Data CDUQYr FL SPECIAL WARRANTY MID phis Indenture ismade this yofJrantsary2003byeIL NDALLINDUSTRIALPARK.LTD.-a Florida limited partnership,whose address item 999Ponet de Leon Hoeleamd Seise 1000,Coral cows, riesida.33334(•Gnome,toSOUTH KENDALLINVESTORS.LLG.aFtaridalathed tiabiluycor nits' Crirantee"),whau address 11.16621 Ivea hairy Road,Suite 118,Aventine,Florida.33180 Wti'NESSETH,Grantor.8w and in considentied Odle sea ones mid Nnilbli Whet(SI 0.001 acd other good and valuable conaide.atioas paid to Grantor by Grantee,the receipt and sufficiency of which scats and assigns tb: minis tan �abargains, sells and eciams re Gramme.Gtanto's helms, G,fraR and being in i flaqu.Dade County,Finrida and more particularly deserit ed as: see araaetwd Ex;,ib-A" Together With all app iiie tenses.profis,privileges,rights,inlegrats,revers ans,remainders,and easements dm-sumo appertaining,.: To Have And To Hold the tame in fes simple forever. This conveyance is made eu tett Inc(at ad vsksicrn real Drnperay taxes fits the Kir 2003 and subsequeta years;(b)app1kabic aaraing ordinances and all other gvnditinne,restriclinat and iietieat otts irnpoeed by goverammlal authority;and(c)conditions,rearictions,Upriser ions and eaeaaumedraoard,if Illy,but this relkrecce stall not opewte to reimpose the tame. Gntntot°overl9ats that ae ihB time of(lathering of this deed Grantor has fee simple title to the Pinpeny and Grantor has goad right and lawful authority to Belt and convey the Property and,einem as described above,the Piepsny Is free afany=umbra=maw by Gnawer.and Granter trarrlm a the Otte to the Property,and will delf:nd h ayetast the lawful claims and dcrnapds of all persona claiming by through Of under Grantee. Page 598 of 849 2O996PG4924 Caauwx hes caused this iontrument to be duly canceled on ibe date fleet nooed above. Signed,seabed and delivered in the oreAxree of. Kualalk!nd�p I Park,Ltd.,a Florida limited prinerabip /14 _f,' J Mtn - : - pCo M.Mar's,General Part= Print Narat: +!Sc lc! J: /h STATE OF FLORIDA t I COUNTY Of MIAMI-DADE } The Raegning iauenreneat was acknowledged by tie thl$ 9W- day of Janubiry.loOl,by Lawrence It Markt aaGmaral Partner of Kendall Industrial Part,Ltd_a Flerida!tailed paelec sbip,who in tau-.anolty kilowatt)me or who pmdwxd as identification_ 41----1107-- tS� IIC My Commiatian Expiate Aa17ASYWWA1. tllaaY N MWCAN IbT'ASY PSUtX STAT$Or 11110 00. cD1aN®trt Fra=watt I Page 599 of 849 1r.K4d 20995PG4925 ABET"A" The etre 7 I3 7S'of the west 1,335'of tie noah YS of the NW d of Section 13,Township 55 South, Range 39 East,Tess the south 845',tying south of the My r .of uay line of S.W.120'h Street.being More,particularly cl se:ribed as*novae Co er>eatcag at the Northerett earner of said Section 13;thence Ng7'41'52"E along the north line of said Section 13 for 260,12'to a paint lying 264,00'eato of,as measured at right angles to the west lake of the said Section 13,said polio lying to the east tine of Florida Power&Light Company's eight-of- way,as said right-of-wry is described in official Records Book 5318,Page 4%,of the Public Records of htiaati-Dade County,Florida;thence S 04.01'34"E aloog the said cast line of the Florida Power& Light company's right-of-way for 40,02'to a Point of Beginning of the following described parcel of tagd,said poll*being 40.00'sleuth of as measured as right thence Rom the above established Point of Beginning, the north lineing courses d Section 13; N87441'52"E along a lion that is 40.00'south of andpparetic with the myth Eft of mid Sectio L .for 98.66'to a Point of curvature ore circular curve to the right,having for its ekmeats a radius of 1,597A2and a central angle of 23.'04'00"for an are&ssance of 642.94'CO the Point of tangency thence S69'14'08"E,for 291.06'to a Paha of curvature of a circular curve to the kat;thence along said curve to the tell,having for its elements a radius of 1,369.14'and 8 central angle of 4406'09'far an are distance of 99.39'to a point thence SO4'0I'34''E far 272.80';(hence$87'15'53"1 ,for 1,07619'to a polus on the aforesaid east line of Florida Power and Light Company's right'of way; thence N04711'34"W along the said eats line of Florida Power and Light Company's right-of-way for 558.80',to the Point of beginning. MArEVAILIAN euridoterast quer 7 aµ �r�}, 1 H y 1 i�S '` L It � r� ah 5' 6 5rn:'• r N tYl SAF r • q. 4 rte-- '4' ,.{riga 3, ��h l�e+se y. { ti Page 600 of 849 COMPARABLE SALE NUMBER 18 —PERPETUAL AERIAL EASEMENT (FPL EASEMENT) I i: ':'-_,,. IL.- r. t 1 1'! . A ‘ . -lir :-* i' ,. K rel.. r • -, +✓ ,r4. ,.......„ z.acx ..rs ? - s :�rillikal.r :... iii: 4/4 Jik ' iiiiii" 110"0"°- ..1.1111111111111- ' .,.,, . /...:... 1 . .. y I + ( 1 [ �, - ! 1L. h� r •• _' r . � ,' fr �; � r 11 wig; ...„ 1.r.. , o r, "..„i'').. s! fE,--,• -;',.' ' ji Le Slr , is a:'I _ �� . . r T. RECORDED: Miami-Dade County OR BOOK 26207 PAGE 3431 GRANTOR: Florida Power & Light Company GRANTEE: Miami-Dade County DATE OF SALE: February 5, 2008 DATE INSPECTED: July 23 , 2019 Page 601 of 849 COMPARABLE SALE NUMBER 18 - PERPETUAL AERIAL EASEMENT FPL EASEMENT Continued SITE SIZE/DIMENSIONS: 197, 622 square feet of land area. Irregular TOPOGRAPHY/ELEVATION: Level and at road grade CONSIDERATION: $1, 015, 500 UNIT SALE PRICE PER SQUARE FOOT: $5 . 14 per square foot of land area. Adjoining land was values at $25 . 00 per square foot thus indicating a value of the site encumbered with permanent easement at 21% of the fee simple value . TYPE OF INSTRUMENT: Perpetual FPL Aerial Easement Agreement FOLIO NO: Portion of folios- 30-5912-000- 0060, 30-5901-000-0170, 30-5901- 006-0011, -0041, -0051, -0091, - 0121, -0131, -0161, -0171 and - 0201 LOCATION: East side of SW 127th Avenue between Kendall Drive and SW 120th Street, Miami, Miami- Dade County Florida LEGAL DESCRIPTION: See attached deed for complete legal description. ZONING: Utility, Miami Dade County Page 602 of 849 COMPARABLE SALE NUMBER 18 - PERPETUAL AERIAL EASEMENT FPL EASEMENT Continued PRESENT USE: Provide vehicular access on County Owned roadways and FPL Power Lines . HIGHEST AND BEST USE: Roadway and Utility CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and easement of record. Subject Subordination Agreements and mortgage-see easement agreement . No apparent effect on price . TYPE OF IMPROVEMENTS: Streets and FPL equipment UTILITIES: All utilities available to site MOTIVATION OF PARTIES: Grantee- To provide vehicular access to adjoining properties east of SW 127th Avenue with Grantor maintaining an aerial easement for FPL Equipment . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A Page 603 of 849 COMPARABLE SALE NUMBER 18 - PERPETUAL AERIAL EASEMENT FPL EASEMENT Continued EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This transaction consist of a property encumbered with an FPL easement and the sale of the property subject to that use . The sale was at $5 . 14 per square foot and sales in the area reflected land values at $25 . 00 per square foot thus indicating that the site encumbered with an aerial easement was equal to 21% of the fee simple value . PHOTOGRAPH OF COMPARABLE SALE NUMBER 18 FPL Easement Parcel _ ' 1 * - . { } View of Property looking easterly from SW 127th Avenue TAKEN BY ROBERT MILLER ON AUGUST 13 , 2015 Page 604 of 849 6179 40 909 abed d l 40 . aged CZE L L L090U#Ndo L£tr a5ed/LOZ9Z5f008 'A� (Lt iaaosa) =max aiur_Tv Lt ZIBIBMX u se pogTaanap AT/mIaT;aed azow pue epTaoT3 'd1un03 epeQ-;ure pG4sL03 a PuD pa2nits pueT cle12e0 as41 Jo TTv '049,7e4; LepuspTou v see0dsnd pUe 'IMM4bTy c grid a ;o as0d2nd it(; zo; 1ra4.130; subTSse pue eaossaaons e1T 'fiaunon aqa oz cdanioa pue meg '-;uezb 'Tgaxati 'suoTaaaap-suoo eTgenT Qa» a sT ;oazagn ;dlaaai agl hlunoo aU1 hq prod put uT an o1 {Do'om) szVtton oay ;o tens aq ;o uoTlezoprsuoa uT pue so; 'Zd3 peri& '(Aauncn) 'OL6T-BZTEE DPT-7013 TW TW 'C L9I ®'3Tr3 '7p4:1S 7sr •M N UT sT ssa1PBe epTr70 1sod asogx 'leaza;uT uT szosaao:ina slT pue 'BPTa°T4 Jo nuns awl ;c t:ozsrnTpgnS T1 PTTud p '= Q3 sava-Iiiaig Pu4 '(1dd) 'luow3zedeu me/ h;.tadold :v441i '0Z63-$0C£E PTsoT.3 'gouag ounr '000iI Yui 'o•d sT ssoapp>? tuTITsw 480414 'epTz0T4 ;n a1e1S 444 30 SnsT 0g1 iapun uoTavxodao0 a 'xlil[dlyio 7EDI7 7 UZMOd KQIl1D71 1.r1a140ta pare ,CEi 'BOCZ •C'K 'h1ocisga.3 30 hepL0ST apaN 'Qara XuY6i14k 'ItfI32d6 BIH& • N3ev<H H'I1fd 3o ASZW YQZxo'i.a JO 20v 9 Sagaillla IVW1Yox xc ar.MnaQ =alta-mwIpi 0.1, mum b:.NY»tis 1YYaa46 luacull aaQ d5izzom a;Tgnu .uamaxedac /Elmo 1320 PUe LLTO'`t9TC'L£'TO LZTO'I60Q iSOO I000'TT00-900-1064-OC ZO?.oEQOZ •0N loetotg OLIO-000-T065-3E '0900-000-ZTtiS-UE 6L 4 £I'Zt'IL'OL'6'8'L .soN °TTu3 ;0 JOT1znd 9'S'E'Z 'BON Iooaed OL6T-OZIEE 73 'F 'FN OT9I '31010';1, 1sT 'M'N TT'. •1daQ egzoM nTignd d3una3 ope(;-'-'weju Sauhl{ •g sruuaQ :Aq pex,zdaad ;uaunxlsuz r OL6T-tZIEE 73 'urvT i leeilS 1st Wit ITT Id9G 041OM OTTgnd A1uno3 apep-Twe:N 100Itl!]tf ;UNtO) 310100-TWt4 a4TBTA-Q AEA ;e lt{bTii Ian -10 %11113 'WPM d3A1PoF SattIC;T ••d BTuua Sf'0xvLLtp 0 :oy GImaZT 09.0 x101 )Oa ®a ED ONT 800t/80f7,0 1130X033Y (Bgil l :OW - t£tF sad LOZ91 48 110 film! • SUBJECT TID: Taxes and assessments far the year 2007 and subsequent years, to zoning restrictions and other requirements iMp'osed by governmental authority, and to easements, conditions, reservations, restrictions and limitations of. record. FPL hereby binds itself and its successors to warrant the title as against all persons claiming by, through or under FPL. Except that FPL dors not release the right to be reimbursed, either now or in the future, for relocation or adjuate nt of its facilities located presently on the Property, if such relocation or adjustment is caused by present or future uses of the Property or other COnstrnctioato rastideroty requiredby the County or by any other authority succeeding to the rights granted under this Conn Special Warranty Deed. The County, its successors or assigns agree to reimburse FPL if such relocation or adjustment is caused by present or future uses of the aforementioned Property by the County, its successors or assigns. IN WITNESS WRIP.REOF, FPL has caused its co.p rate seal to be affixed hereto and this instrument to be signed by its duly a,ithorized officer an the date first above vrizter.. Signed, Sealed, Attested (2 witnesses for each Signature and Delivered in our presence or for ail) .1- .• •. w- i LTGBT COMPANY . 'ler COYporation t -11 - UMW M.KohniMn Title: Engineering&Const Nitreeas Printed Name P.O. sox 14000 JUflO Beach FI 33408-0420 C�- - ,r+,J a Address _ -- Witness _.._. Carmen Canna Witness Printed Name r' Qr,, CORP SEAL A'ti+�" defri te -,.../., • 4477j — .. My' em Book26207/Page3432 CFN#20080111323 Page 2 of 11 Page 606 of 849 SATE OF FLORIDA COUNTI OF PALM BEA= �(' I 8! CERTIFY, that on this _�+ ds of `� 008, %$lore me, an officer duty author,iae .to administer hs +a d D. 2ttake acknowledgments, personally appeared f 1... (Corporate Officer's Titlal -V,p. yipr,�.,t r of Florida Potwar & Ltpbt Company, a Florida Corpora , p =mail known to , or proven, by producing the i entifinatior._ and acknowledged that he / she executed the same on behalf of said corporation and that he / she was duly authorized to do so. IN WI'TEESE WERRICF, S hereto swL my and official seal. Notary Sigrnture M,itetrilrown Printed Notary Name NCTARY SEAL/STAMP Notary Public, State of My commission expires: „ UfftWakilIA 16:401 44' 4MiQprM7YdC Commission/Serial No, The foregoing conveyance was obtained pursuant to Resolution No. R-54-07 of the Board of County CCmmiSsiorters of Miami-Dade County, passed and adopted on the 25' day of `S'anus�`, A.D. 'T.007Florida, . Book262O7/Page3433 CFN#20O80111323 Page 3 of 11 Page 607 of 849 EXHIBIT"A"TO SPECIAL.WARRANTY DEED Legal Description Parcel/12: The West 35,00 feet of the SW 1/4 of Section 12,Township 55 Scwh„RanAt 39 l Sat.Miaml- Dade County, Florida,LESS the South 320.00 feet thereof;AND LESS the North 60.00 feel thereof. Parcel g 3 The West 35.00 feet of the NW 1/4 of Section 12,'township 55 South,Range 39 East,Miami- Dade County, Florida, lying South of the Southerly right of tvay line of South Florida Water Management District Canal C-100 as described in Official Record Book 4174 at Page 688 of the Public Records of Miami-bade County, Florida:and being more particularly described as follows: Commence at the Southwest cornne�r of the NW 114 of said Savior 12; thence run N 02'15'22"W,along the Wc4 line of(he NW 1/4 of said Section 12.,for-a distance of 60.05 feet to the POINT OF BF:GINNING;thence continue N 02"1522" W,along the West lino of the NW i/4 of said Section 12, for a distance of 462.96 feet to a point of intersection with the Southerly right of way line of the aforesaid Canal C-100; thence run N 67'36'10"E.along the Southerly tight of way line of the aforesaid Canal C-T00,for a distance of 35.00 feet to a point of intersection with the Fast line of the Wen 35,00 feet of the NW 1/4 of said Section 12;thence run S 02°15'22"E,along the East line of the West 35.00 feet of the NW 1/4 of said Section 12, fur a distance of 463.04 feet to a point of iritervectiun with the Northerly right of way line of SW 112 St as conveyed in Official Records Book 10397 at Page 160 of the Public Records of Miami- Dade County,Florida;thence run S 87"44'38+W.along said right of way line, for a distance of 35.00 feet to the POINT(W RE(:IIiNING, AND that portion of the NW 114 of said Section 12 lying North of the Northerly right of way lute of the aforesaid Canal C-100 and being more particularly described as follows:Commence at the Northwest corner of the NW U4 of said Section 12;thence run S 02°(5'22"E,along the West line of the NW 114 of said Section 12, for a distance of 79.98 feet to the POINT OF BEGINNING being ale) a point of curvature of a circular curve concave in the Southeast; thence run Northeasterly along the arc of said circular curve, having a radius of 25,00 feet, through a ccnttal angle of 89°56'54",for art arc distance of 39.25 feet to a point of tangency with the South line of the North 55.00 feet of the NW 1/4 of said Section 12 ; thence run N 8741'33"F,along the South tine of the North 55.00 feet of the NW 1/4 of said Section 12,for a distance of 45.00 feet to a point of curvature of a circular curve concave to the Southeast; thence tun Southwesterly along the arc of said circular curve. having a radius of 25.00 feet, through a central angle of 89'56'54',for an arc distance of 39.25 feet to a point of tangency with the F.ast line of the West 45.00 feet of the. NW 1/4 of said Section 12; thence run N 8744'38" W.for it distance of 8.00 feet to a point of intersection with the Faust line of the Went 37,00 of the NW 114 of said Section 12;thence rum S 02°15'22"E,along the Fast line of the West 37.00 fret of the NW 114 of said Section 12,for a distance of 671,99 fcct to a point; thence eat N 87°44'38"E,for a distance of 8.00 feet to a point of curvature.of a circular curve CONK7tyC to the Northeast;thence run Southeasterly along the are of said circular curve concave to the Northeast,having a radius of 25,00 feet,through n canoed angle of 917'02'50",for an are distance of 39.29 feet to a point of tangency with the Northerly right of way line of SW 106 rive 1of8 Book26207/Page3434 CFN#20080111323 Page 4 of 11 Page 608 of 849 I nen 08.'10)201h 08,4h 4.1hti P flp,Ofry2f; `itrbet as conveyed to Miami Dade County by Right of Way Deed dated 02-18-76 recorded in Official Records Book 9394 at Page 946; thence run S 87"41'48" W,along the said Northerly right of way line of SW 106 Street,for a distance of 5.00 feet to the point of curvature of a circular curse concave to the Northeast;thence run Northwesterly along the arc of said circular curve concave to the Northeast, having a radius of 25.00 feet, through a central angle of 90"02'50',for an are distance of 39.29 feet to a point of tangency with the Fast tine of the west 40.00 int of the NW 1/4 of said Section 12;thence nut S 021522"E,along the East line of the Wen 40.00 feet of the NW 1/4 of said Section 12, for a distatwe of 136.00 feet to a point of curvature of a circular curve concave to the Southeast:thence run Nottihtaaterly along the art:of said circular curve concave to the Southeast, having a radius of 25.00 feet, through a central angle of 89'57'10",for an arc distance of 39,25 feet to the point of tangency with the Southerly right of way tine of SW 106 Street;thence.run N 87°41'48"E,along the said Southerly right of way line of SW 106 Street.for a distance of 5,00 feet to the point of curvature of a circular curve concave to the Southeast; thence run Southwesterly along the are;of said circular curve concave to the Southeast,having a radius of 25.00 ftxt,through a central angle of 89"57'10",for ! an arc distaste of 39.25 feet to a point of tangency with the East line of the West 45.00 feet of the NW 1/4 of said Section 12;thence run S 37°44'38"9V,for a distance of 8.00 feet to a point of iota-motion with the East line of the West 37.00 of the NW 1/4 of said Section 12;thence tun S 02°1572"F.along the East line of the West 37.00 feet of the NW 1/4 of said Section 12,for a distance of 424.13 fent to the point of intersection with a non tangent circular carve concave to the Southeast horn where the radius point bears S 89'53'19'W: thence run Southwesterly along the arc of said circular curve concave to the Scwth is-,having a radius of'2855.00 fest.through a central angle of 2°08'41",for an arc distance of 106_S7 feet to a point of tangency with the East line of the West 35.00 feet of the NW 1/4 of said Section 12; thence True S 0215'22-E,along the Gast line of the West 35.00 feet of the NW 3/4 of saki Section 12,fora distance of 553.13 feet to the point of intersection with the Northerly right of way line of the aforesaid Carat C- 100; thence run S 8717'40"W,along the Northerly right of way line of the at re aid Canal C- 100,for a d stance of 35.00 feet to a point of intersection with the West line of the NW 1/4 of said Section 12;thence run N 02"15'22" W,along the West line of the NW 1/4 of said Section 12,for a distance of 1892.19 feet to the 1`OIN'T OF BEGINNING. Parcel#5: The Etta 2,00 feet of the West 37.00 feet of the South 1/2 of the SW 1/4 of Section 1,Township 55 South.Range 39 East,Miami-Dade County, Florida,LESS the South 661.1t fret and LESS the North 25.00 feet thereof. TOGETHER WITH that portion of the North 12 of the SW 1/4 of said Section 1. being to= particularly described m follows:COMkie'`;CE at the Northwest corner of the North 112 of the SW 1/4 of said Section 1,thence nor 502°07'317,along the West line of the North 1/2 of the SW 1+4 of said Section 1, for a distance of 34.82 feet to ti point; thence nun N87°52'291, perpendicular to the test course, for a distance of 35.00 feet to the point of intersection of the South line of the North 3:5.00 feet with the Past line of the West 35.00 feet of the North 1/2 of the SW 1/4 of said Section 1 being also the POINT OF BEGINNING;thence nm NS7"34'53'1 along the South line of the North 35.00 feet of the North 1/2 of the SW 1/4 of said Section 1,for a distance of 34.87 feet to a point of cusp of a circular curve concave to the Southeast; thence Page 2of8 Book262O7/Page3435 CFN#20080111323 Page 5 of 11 Page 609 of 849 rut Southwesterly atoog the arc of said circular curve concave to the Southeast, radius of 25,00 feet,thmitgh a central angle of 89'4224",fon an havingetto a a point of initraection with the Fast line of the West 45.00 fest of the North 1e2 of the SW 1/4 of said Section 1:thence rut S87'5229"W.for a distance of 8,00 feet to the East lino of the Wert 37.00 kW of the North 1/2 of the SW 114 of said Section 1; thence neo S02`02-31"E, along the East lute of the West 37.00 feet of the North 12 oldie SW 1/4 of said Section 1,fora distance of 1230.56 feet to the point of intersection with the North line of the South 25.00 feet of the North D.oldie SW 114 of said Section 1;thence tun S87°38131W,fora distance of2,00 feet to the East line of the West 35.00 feet of the North 1/2 of the SW 1/4 of said Section 1; thence mu NO2°07'31"W. along the pact line of the West 35.00 feet for a distance of 1235.19 to the POINT OF BEGINNING. Parcel#tip All that portion of Block 20 of RESUBDIVISION OF CORAL MANORS,according to the plat thereof recorded in Pitt Hook 28 at Page 59 of the Public Records of Miami-Uade County, Florida, being more particularly described as follows:COMMF3v'C>;.at the Southwest corner of the NW 1/4 of Sentient 1,Township 55 South,Range 39 East in Miatni_pack County,Florida; thence run N87434'53"E,along the South hue of the NW 1/4 of said Section 1, for a distance of 210.00 feet to the point of intersection with the East line of the Vtre5t 210,00 feet of the NW 1/4 of said Section I; !hence rat NO2°08'3Tw,along the East line of the West 210.00 feet of the NW li4 of said Section I,for a distance of 25.00 feet to t point of intersection with the North line of the South 25.00 feet of the NW 1,4 of said Section 1 being also the POINT OF BEGINNING: thence run SR7°34'53"W,along the North line of the South 25.00 feet of the NW 114 of said Section 1,for a dotttascc of 159.88 feet to a point of curvature of a circular curve concave to the Non/item; thence run Northwesterly along the me of said circular curve concave to the Northeast,having a radius of 25,00 foet.through a central angle of 90'16'30",fur an ate distance of .39.39 feet to a paint of' tangency with the but line of the West 25.00 feet of the NW I/4 of said Section I; thence run NO2°08'37"W,along the Fast line of the West 25.00 tett of the NW 1/4 of said Section 1, for distance of 164_04 feet to a point of curvature of a circular curve concave to the Southeast; thence run Northeasterly along the arc of said circular curve concave to the Southeast,having a radius of 25.00 feet,through a central angle of 5S°40'04',for an arc distance of 25.60 feet to a point of intersection with the East line of the West 37.00 feet of the NW 1/4 of said Section 1; thence run SU2'08'37T., along the East line of the West 37.00 feet of the NW 1/4 of said Section 1.for a distance of 175.30 feet to a point; thence run N87°51.21"L,perpendicular so the previous course,for a distance of 8.00 feet to the point of curvature of a circular curve concave to the Northeast; thence run Sot the arc of said circular curve concave to the Northeast,having a radius of 25,00�fre though alonaa cent.-.41 angle of 90'l6'30", for an arc distarte.e of 39.39 feet to a point of tangency with the North line of the South 35.00 feet of the NW I/4 of said Section 1; thence run N87"34'5.3"E, along the North line of the South 35.00 feet of the NW I/4 of said Section 1,for a distance of 139.88 feet to the point of intersection with the fast line of the West 210.00 feet of the NW 1/4 of said Section 1; thence run S 02'06'3T'E,tiring the Fast litre of the West 210.00 feet of the NW 1/4 of said Section 1, for a distance of 10.00 feet to a point of iruersection with the North line of the South 25.00 feet of the NW 1/4 of said Section 1 and the POINT O)<BECINNL*I(;<. Page 3 of Book26207/Page3436 CFN#20080111323 Page 6 of 11 Page 610 of 849 Parcel 117: That portion of Block 17 of RESI3BDIVISIt7N OF CORAL MANORS,according to the plat thereof recorded in Pial Book 28 at Page 59 of the Public Records of Miami-Dade County, Florida, which tics within the West 37,00 feet of the NW I/4 of Seetior. t Township 55 South, Range 39 East,in Misrni-Dade County,Florida. Parcel 0 8: That portion of Block 16 of RESUBDIVISION OF CORAL MANORS,according to the plat thereof recorded in Plat Book 28 at Page 59 of the Public Records of Miami-Dade County, Florida,being more partieuIarly described as follows: COMMENCE at the Southwest corner of the NW 1/4 of Section 1,Township 35 South,Range 39 East in Miami-Dade County,Horida; chance ran NO2'03'37"W,along the West line of he NW 1/4 of said Section 1,for a distance of 528.09. feet to a point of interrcction with the center line of Tait Street as shown tie the aforesaid plat of RESUBDIVESION OF CORAL. MANORS;thence rim N87°34.53"F along the said cutter[me of Taft Street,for a distance of 25.00 feet to the point of icy with the East line of the West 25.00 feet of the NW 114 of said Section 1;thence run N`02°08.37"W, along the East line of the West 25.00 feet of the NW 1/4 of said Section 1,for a distance of 50.12 feet to a point of intersection with die West line of said Block 16 being also die POINT OF BEGINNING;thence continue NO2°08'37"W,along the West line of said Block 16,for a di tt ntz of 65.51 feet to a point of curvature of a circuity curve concave to the Southeast thence run Northeasterly along the arc of said circuity curve concave to the Southeast,having a radius of 25.00 feet,through a central angle of 89°59'56",for an arc distance of 39.27 feet to a point of reverse curvature of a circular curve concave to the North;thence run Easterly along the arc of said circular curve concave to the North, having a radius of 335,00 feet, through a central angle of 31 P09",for an arc distance of 18.63 feet to a point of cusp from where the radius point bears 50599'46"E; thence run Southwesterly along the arc of a circular curve ccutoave try the Southeast, having a radius of 25.00 feet,through a central angle of 86°48'51", for en are distance of 37,88 feet to a point of tangency with the East line of the West 45.00 feet of the NW 114 of said Section 1; thence nm S' 7'51'23' 'fora distance of 8.00 feet to the point of intersection with the East line of the West 37,00 tett of the NW 1/4 of raid Section 1;thence run S02"08`37' ,along the Fast line of the West 37.00 ket of the NW 1/4 of said Section 1, for a distance of 87.42 feet to a point of inteasev:tion with a circular crave Concave In the Northeast from where the radius point bears N291 t`19"E;thence rim Northwesterly along the arc of said circular umre eoncrve to the Northeast,having a radius of 25.00 feet,through a central angle of 58°401.04%far an are distance of 25.60 feet to the POINT OF BEGINNING. TOGETHER WITH that portion of Black 16 of RESUBDIVLSION OF CORAL MANORS, according to the plat thereof recorded in Plat Book 28 at Page 59 of the Public Records of Miami-Dade County.Florida,being inure particularly described as follow COMMENCE at the Southwest corner of the NW 114 of Section 1,Township 55 South, Range 39 East in hCtami-Dude County,Florida;thence atm N024208'37"W,along the West lite of the NW 1/4 of said Section 1,for a distance of 792.13 feet to a point of intersection with the eraser line of Roosevelt Street as shown on the aforcrd plat of RESUBDIVISION OF CORAL MANORS; thence rum N87"34'53'B, along the said center line of Roosevelt Street,for a distance of 45.00 fad to the point of intersaion with the East tine of the West 45.00 feet of the NW 1/4 of said Page 4of8 • Book262071Page3437 CFN#20080111323 Page 7 of 11 Page 611 of 849 Suction 1; thence nm S02'O8'37"E,along the East line of the West 45,00 feet of the NW I./t of said Section 1,for distance of 25.411 feet to the POINT OF DEGINNLNG; thence continue S02'08'37"E,along the East line of the West 45.00 feet of the NW 1/4 of said Section I,fur a dittance of 2.19 feet to the point of curvature of a circular curve concave to the Northeast; thence run Southeasterly,along the are of said circular curve to the Northeast,having a radius of 25.00 Lit,through a centra] angle of 94°46'49",for an arc distance of 41.36 feet to a point of cusp with a circular curve concave to the North from where the radius bears N06'55'26'14% thence run Western;'along the arc of said circular cane concave to the North,having a radius of 265.00 feet,through a central angle of 4°4649', for an are distance of 22.11 feet to a point of compound curvature with a circular curve concave to the Northeast from where the radius point • tears NO2°O8'_i7°*y4;thence run Northwesterly along the aro of said circular curve concave to the Northeast,having a radios of 75.00 fret.through a central angle of 6,r34'3r for an arc distance of 28.18 feet to a point of intase tion with a circular Curve concave to the Southeast whose radius point haus N66°43'09^117, thence run Northeasterly along the see of said circular curve: concave to the Sotthcast,having a radius of 25.00 tem through a central angle of 53'02'19",for an arc distance of 23.14 feet to the point of iulersectiun with the East line of the West 45.00 test of the NW]?4 of said Section I front where the radius point beaus S 13"40'50"F.,and the POINT OF BEGINNING. Parte#9 That portion of Block 13 of RFSUBD1VISION OF CORAL MANORS,according to the plat thereof recorded in Plat Rook 28 at Page 59 of the Public Records of Munni-Dade County, Florida,which lies within the West 37.011 feet of the NW 1i4 of Section 1,Township 55 South, Range 39 East.in Mianti-Dade County,Florida. Parcel if 10: That portion of Block 12 of RcSZ?BDI VISION OF CORAL MANORS, according to the pint thereof recorded in Plat Rook 28 at Page 59 of the Public Records of Miami-Dade County, Florida,which Iles within the West 37.00 feet of the NW 1/4 of Suction t,Township 55 Sooth, Range 39 East,in Miarni Dade Cowry,Florida. Parcel#II: That portion of Block 9 of RESUBDIVISION OF CORAL MANORS, according to the Flat thereof recorded in Plat Book 28 at Page 59 of the Public Records of Miami-Dade County, Florida,being more particularly described as follows: COMMENCE.at the Southwest comer of the NW 114 of Section 1,Township 55 South,Mange 39 East to Miami-Dade County, Florida; thence run NO2'08'37'w along the West fine of the NW 1/4 of said Section 1,for a distance of 132E1.22 feet to a point of intersection with the center line of Grant Street as chovm on the aforesaid plat of Rl;SUBD1VtSION OF CORA1, MANORS;thence run N87"34'53"'E:, along the said center line o1Cirant Street,for a distance of 25.00 feet to the point of internee tion with the East line of the West 25.00 feet of the NW 1/4 of said Section 1;thence win,NO2'08'37"Pr', along the Fast line of the West 25,00 feet of the NW 1/4 of said 5ectiott I, fora distance of 50,12 feel to a point of intersection with the West line of said Block 9 being also the POINT OF BEGINNING;thence continue NC2"08'37'1V,along the West line of said Block 9. for a distance of 164.04 feet to it point of curvature of a circular curve concave to the Southeast; thence run Northeasterly along the arc of said circular curve concave to the Southeast,having a Page 5 of 8 Book26207/Page3438 CFN#20080111323 Page 8 of 11 Page 612 of 849 radius of 25.00 feet,through a central angle of 89°43'30'',fur an are distance of 3915 feet to a point of tangency with the Southerly right of way line of Jackson Street as shown on the aforesaid plat of R1 1.1BUJVISION OF CORAL MANORS;thence run N871.4'53"E,along the Southerly right of way line of Ja.dtson Street, fur a distance of 20.00 feet toe. point of ewe; thence ren Southwesterly along the arc of&circular curve concave to the Southeast, having a radius of 25.00 feet,through a central angle of W43'30",for an arc distance of 39.15 feet to a point of tangency with the East line of the West 45.00 frit of the NW 2,4 of said Section 1; thence run $137"5 i'23"W for a distance of 8.010 feet to the point of intersection with the East line of the West 37.00 feet of the NW 1/4 of said Section 1;thence nut S02'08'37'1,along the East tine of the West 37.00 feet of the NW 1/4 of said Section I. for a distance of 155.49 feet to a point of intersection with a circular curve concave to the Northeast from whets the radius point bears N29"11'I 9'E;thence run Northwesterly along the arc of said circular Cus-ve concave to the Northeast,having a radius of 25.00 feet,through a central angle of S8°40o4",for an arc distance of 25.60 feet to the POINT OF BEGINNING. Parcel # 12 Those portions of Block 5 and 8 of RESUBDIVISION OF CORAL MANORS,acevirding to the plat thereof recorded in Plat Book 28 at Page 59 of the Public Records of Miami-Dade County, Florida;being more panicufar;v&scribed as follows: COMMENCE at the Northwest corner of the NW 114 of Section I,Township 55 South.Range 39 East in 1vfiarni-();ode County, Florida;thence run S02118'37'1,along the West line of the NW 1/4 of said Section 1,for a distance of 728.10 feet to a point of internxtfon with the cenicr line of SW 90 Terrace Right of Way as conveyed to Miami-Dade County by Right of-Way Deed dated S recorded in Official Records Book 133-48 Page 498 of the Public R da oft f Nl 26, 1986 County, Horida: thence run N87°34'38"E, along the center line of SSW 90 Terrace, for a distance of 25.00 feet to the point of intersection with the East line of the West 25.00 feet of the NW 114 of said Section 1;theme run S02°08'37"E.along the East tine of the West 2.5.00 feet of the NW 1/4 of said Section 1,for a distnaoe of 49.88 feet to the Men'OF BEGINNING said point being also the point of curvature of a circular curve concave to the Southeast;thence run Northeasterly along the arc of said circular curve concave to the Southeast,having a radius of 25.00 feet,through a central angle of 89'43'15",for an art distance of 3915 feet to a point of tangency with the Southerly right of way line of SW 90 Terrace;thence run N87°34'38•'F,along the Southerly right of way line of SW 90 Terrace, for a distance of 20.00 feet to a point of curvature of a circular curve concave to the Southeast; thence run Southwesterly along the are of said circular curve concave in the Southeast,having a radius of 25.00 feet,through a central angle of 89°43'15',for an arc distance of 39.15 feet to a point of tangency with the East line of the West 45.00 feet of the NW 1/4 of said Section 1;thence run S57"51'23"W fru a distance of 8.00 feet to the point of inteesection with the East line of the West 37.00 feet of the NW 1/4 of said Section 1: thence run S02°08'37 E.,along the East line of the West 37.00 feet of the NW 1/4 of said Section 1,for a distance of 231.25 fest;thence.run N87°51'23"F for a distance of S111)frit to the point of intersectiun with the East tine of the West 45.00 feet of tate NW 1/4 of said Sectio,?1 being also a paint of curvature of a cireuhhr curve concave to the NcRheast;thence rim Southeasterly along the one of said circular curvy concave to the Northeast,having a radius of 25.00 feet,through a central angle of 90"16'30",for an arc distance of 3939 feet to a point of tangy with the Northerly right of way line of Jackson Street as shown on the aforesaid plat of RiSi1BDIVISICIN OF CORAL MANORS; thence run 5113°34'5.3"W. along the Page 6 of 8 Book262071Page3439 CFN#20080111323 Page 9 of 11 Page 613 of 849 Northerly right of way lint of Jackson Street,fur a distance of 20,00 feet to a point of curvature of a circular curve concave to the Northeast- thence run Northwesterly along the arc of Said circular curve concave to the Northeast,having a radius of 25.00 fes,through a central angle of 90'16'30", for an arc distance of 3939 feel to a point of tangency with the East line of the West 25,(1(1 feet of the NW 1/4 of said Seethe)1; thein run NO2'08'37"0/,along the Esst line of the West 25.00 feet of the NW 1/4 of said Section 1,for a distance of 231,25 feet to the POINT OF fEGLN t1NG. Parcel 8 1.3: Those portions of Blocks 4 and 5 of RPSUBDIVIS1ON OF CORAL MANORS,wording to the plat thereof reoordcd in Plat Book 28 at Page 59 of the Public Records of Miami-Dade County,Florida,ging more particularly dcacribed as follows; COMMENCE at the Northwest corner of the NW 1/4 of Section 1,Township 55 South,Range 39 East in Miami-Dade County, Florida; thence run S02•0$'37"E,along the West line of the NW 1/4 of said Section I.for a distance of 456.70 feet to a point of intersection with the center line of SW 89 Termor Right of Way as conveyed to Miami-Dade County by Right-of-Way Deed dated September 26, 1986 recorded in Official Records Hook 13348 Page 498 of the Public Records of Miami-Dade County,Florida; thence run N87°34'381i, along the center line of SW 89 Terrace, for a distance of 25.00 feet to the point of lmeraectien with the Fast line of the Weal 25.00 feet of the NW 114 of said Section 1;thence run S0r08'377,along the East line of the West 25.00 feet of the NW 1/4 of said Section 1.fora distance of 49.88 feet to the POINT OF BEGINNING said point being.also the point of curvature of a circular curve concave to the Southeast;thence run Northeasterly along the arc of said circular curve concave to the 25.00 fret,through a central Southeast,heto a pointnof angle of 89°43 15",for an arc distance of 39.15 feet to a of tangency with the Southerly right of way line of SW 89 Terrace;thence tun N87°34'38"E,along the Southerly right of way line of SW 89 Terrace,l r a distance of 20.00 feet to a point of curvature of a circular curve ooneave to the Southeast; thence run Southwesterly along the arc of said circular curve concave to the Southeast,hcivitng a radios of 25.00 feet,through a central angle of 89°43'35",for an arc distance of 39.I5 feet to a point of tangency with the East line of the West 45.00 feet of the NW 1/4 of said Section 1;thence run S87"51'23"Ver for distance of 8.00 fat to the paint of intersection with the East line of the West 37.00 firer of the NW 1/4 of said Section 1;thence run S02'08'37"E,along the Last lite of the West 37.00 feet of the NW 1/4 of said Section 1, for a distance of 17.10 feet to a point;thence runt N87'3l'23"E for a distance of 8.00 feet to the point of intersection with the East line of the West 45.00 feet of the NW 1/4 of said Section 1 being also a point of curvature of a circular curve ouneave to the rte' thence run �esy along the arc of said circular curve concave to the Northeast,having a radius 0125.00 feet,through a central angle L4901645",for an as distance of 39.39 feet to a point of tangency with the Northerly right of way line of SW 90 Terrace as arnveyed on the aforesaid Right-of-Way Deed: thence run S87'34'38"W,along the Northerly right of way line of SW 90 Terrace,for a distance of 20.00 feet to a point of curvature of a circular gave Concave to the Narita:rat; thence rem Northwesterly along the arc of said circular curve con cave to the Northeast, having a radius of 25.00 feet, through a central angle of 00'16'45",for an arc distance of 39.39 feet to a point of tangency with the East line of the West 25.00 feet of the NW 1/4 of said Section 1;thence run NO2'08'37"W,along the F,Ast line: of the West 25.00 feet of the NW 1/4 of said Section I,fora distance of 172.]0 feet to the POINT OF BEGrNPEIN . Page 7 of 8 Book26207/Page3440 CFN#20080111323 Page 10 of 11 Page 614 of 849 OR E3K 26207 PG 3441 LAST PAGE Pa:aoi # 14: Those portions of Blocks 1 and 4 of RESUBDIVISION OF CORAL MANORS,according to the plat thereof recorded in Plat Book 28 at Page 59 of the Public Records of Mienni.Dadc County, Florida,beirng ore particularly described as follow:CO Pvi NCE at the Northwest comer of the NW 1/4 of Section 1,Township 55 South, Ric 39 hast in Mli°mu-Dade County,Florida; thence run S02"08'3T'E,along the West hnc of the NW 1/4 of said Section 1,for a distance of 456.70 feet to a point of intersection with the center line of SW 89 Terra,se Right of Way as conveyed to Miami•I)adc County by Right.of-Way Deed dated September 26, 19116 recorded in Official Records Book 13348 Page 498 of the Public Records of Miami-Dade County,Florida, thence run N87•34'38"E,along the center tine of SW 89 Terrace,for a distance of 25.00 feet to the point of intersection with the East line of the West 25.00 feet of the NW 1/4 of said Senium 1; thence run>r02°0g'3T'W, along the East line of the West 25.0)feet of the NW 114 of said Section 1, for a distance of 50.12 feet to the PONT OF BEGINNING; thence contihre NO2'og'3T'w along the East line of the West 25.00 feet of the NW 114 of said Section 1,for a distance of 326,59 feet to the point of curvature of a circular curve concave to the Southeast; thence run Northeasterly along the arc of said circular curve concave to the Southeast,having a radius of 25.00 fret,through a central angle of 27"50'36",fur an arc distance.of 12.15 feet to a Point from where the radius point tears S64°18'02''E being also the point of intersection with the Southerly right of way line of SW 88 Street as conveyed to the Sta1e of Florida Transportation portation by Warranty Dead dated April 2, 1990 recorded in Official RecordsDepartment14of Page 3019 of the Public Records of Miami-Dade Co Book 3 "E along the Southerly right of wav Pine of SW _iota, Florida; 42 05 feet t to a pointn"o. eu azure of a circular curve concave to the Southra for$dun riee of alongto a of said circular curve concave to the Southeasr, having thence radius of Southwesterly©O the arc of , through a central angle of 89°52'07",for an are distance of 34,21 teet to a point of tangency with the East line of the West 45.00 feet of the NW 114 of said Section 1;thence run S87'51'23"Vi,'for a distance of 8.00 feet to the point of intersection with the Fast line of the West 37.00 feet of the NW 1/4 of said Section 1;thence run S029t8'37,F, along the East line of the West 37,00 feet of the NW 1/4 of said Section 1, for a distance of 313,27 feet to a point; thence nut N87°51'23"C for a distance of 8.00 feet to the point of intersection with the East line of the West 45.00 feet of the NW 1/4 of said Section 1 being also a point of curvature of a circular curve concave to the Northeast,thence nm Southeasterly along the arc of said circular i:unc curative to the Northeast, having a radius of 25.00 feet, through a central angle of 90'l6'45" for an arc distance of 39.39 foot to a point of tangency on the Northerly right of way line of SW 89 Terrace as conveyed to hliatni:-Mucic County by Right-of-Way Deed dated September 26, 1986 recorded to Official Records Book 13348 Page 498 of dee Public Records of Miami-Dade County, Florida: thence run S87°34'3rW, along the tiurtherly right of way line of SW 89 Torace, for a distance of 20.00 feet to a point of curvature of a circular curve concave to the Nor'thw aria along the arc of said circular curve Canca>'e to the Northeast,1sh5'ing a; thence run us of 25.00 lett,through a central angle of 90"16'45", for an arc distance 339 9 feel to a pointrof tangency with the Fast line of the West 25.00 feet of the NW 1/4 of said Sexton t and the POINT OF BEGINNING. Page a of S Book262071Page3441 CFN#20080111323 Page 11 of 11 Page 615 of 849 COMPARABLE SALE NUMBER 19 -PERPETUAL AERIAL EASEMENT (Trader Vic' s) , . , rah,ii .. . _____ _...---___ _ t - __ . ts,*0 -1 , _ _ iii _ arc _ — • ._ � 'M'M. Aerial Easement }- ' � iiimmili- IF Alton Court 02-3234-017-0200 02-3233-017-0030 i +" rw' 171T114S4 gm t __ 1 rI , "4 ,I ' 1 l r t It, r _ r i If , . � , iikr 111 , do 02-3233-017-0040 le ,�. lor -- f. } 4, 1. it i rl - _ , 14- ► k 707 ro ..�+.. 1L pi - Ofif, '34 , ,t r r RECORDED: Miami-Dade County OR BOOK 30727 Page 0208 GRANTOR: City of Miami Beach GRANTEE: 1698 Alton Road Ventures, LLC DATE OF SALE: October 18 , 2017 DATE INSPECTED: July 18 , 2019 SITE SIZE/DIMENSIONS: 2 , 000 Square Feet of aerial easement area. TOPOGRAPHY/ELEVATION: Elevated Sky Bridge CONSIDERATION: $665, 000 . 00 UNIT SALE PRICE PER SQUARE FOOT: $332 . 50 per square foot of aerial easement area. Page 616 of 849 COMPARABLE SALE NUMBER 19 - PERPETUAL AERIAL EASEMENT (Trader Vic' s) Continued TYPE OF INSTRUMENT: Special & General Warranty Deeds Aerial Easement Agreement FOLIO NO: Adjacent parcels connected by Sky Bridge . 02-3234-017-0200 02-3233-017-0030 02-3233-017-0040 LOCATION: SWC of Alton Road and 17th Street to the SEC of West Avenue and 17th Street . Aerial easement above Alton Court joins 1698 Alton Road improvement and 1681 West Avenue improvement . LEGAL DESCRIPTION: See attached deed for complete legal description. ZONING: CD-2, Commercial, Medium Intensity PRESENT USE: Provide vehicular access on Alton Court, City of Miami Beach Right of Way. HIGHEST AND BEST USE: Alley CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and aerial easement of record. TYPE OF IMPROVEMENTS: Streets and Alley UTILITIES: All utilities available to site Page 617 of 849 COMPARABLE SALE NUMBER 19 - PERPETUAL AERIAL EASEMENT (Trader Vic' s) Continued MOTIVATION OF PARTIES: Grantee - To provide pedestrian access to adjoining properties east of West Avenue and East of Alton Road via sky bridge and Grantor - To maintain right of way of Alton Court Alley. ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This transaction consist of a property encumbered with a right of way for access to Alton Court Alley and an aerial easement . The market value in the area was $400 per square foot of land area and the purchase price of the fee land value was at 83 . 13% of the market value. PHOTOGRAPH OF COMPARABLE SALE NUMBER 19 (Trader Vic' s) t II t, i 1 IP,1! L I pm . ., 411'('''(4c 7??! !` / ./ . f� I.i 1 "It i . , 4- TAKEN BY ROBERT MILLER ON JULY 23 , 2019 Page 618 of 849 CFN:20170593938 BOOK 30727 PAGE 208 DATE'10l23J2017 08:43:55 AM DEED DOC 0.60 SURTAX 0.45 HARVEY RUVIN,CLERK OF COURT,MIA.DAOE CTY Tbi,Document Prcpnnl 6y and Ramo, Hwy H.Krmnla.P.ulnke Sgniro Potion anis(115)1.1,1' 201 N Franklin est_Suite 2100 Tempa.IL)}602 MUM ere4411a1M1\t f M Nrrkn t1M krawtw cbrp4 N 1Orkna Corm aural Sinks' raptid r75/ iwki>rtola (Reserved for Clark of Cart) OIIIT.CIAIM DEED ills QUIT-CLAIM DEED,made as of this jf_Allay of October,2017(the"EffeiStjyy Da(S").by the City of Miami(leach.Florida,a municipal curpsvatiun whore address is 1710 Convention Center Dylan,Mlawnf Beach,Florida,33139(the"Gagnon")to 1698 Alton Road Ventures EEC,a Florida limited liability company,whose mailing addtess it 19S0i Biscayne Blvd Suite 400,Avenlum,Florida(the"Grantee"): 1VITNE1 SF,TII, that the Grantor, for and in considetadon of the sum of TI'N DO E ARS anal other good and valuabk consideration(510.00)in hand paid by Grantee,the receipt whereof Is hereby acknowledged.dues hereby remise.Hence and quit-claim linos the said Grantee forever,all the right,tide,interest,claim and demand which the Grantor has in and to the following described property bating situated in Mimni-Dude County,Florida,and legally described as tallows: Sae attached Kahlhlt"A"(Ibt"J'rtprrly") TO HAVE AND TO(TOLD the same together with all the tenements,hetedititnlents nod appurlcnanMt IlioNuitn belonging. it is the intent of the Grantor,by thla Instrument,to c nsey the Property to Grantee, subject to and coningent upon the terms and conditions approving and granting the Grantor's vacation of the Property to Grantee.as provided in Miami Ltee.cb Resolution No.2.01tr-29489,a certified copy of which in atlorled hereto and incorporated herein as f..nhibil"R"and that certain Amended and Restated Development Agreement catered into on the 27th day of July,2017,by turd between Ate¢cantor and Chanter,which is recorded in Official Records Book 30612,Page 2684 of the Public Record,of Miami-Dade County,Florida(the-0cvefopriieni Agtecmeni). Funhcr,pursuant to the Uevrkpmcnt Agreement,the conveyance(tithe property by the Grunlur to Grantee herein in stbirct to Olt following reservation of rights in farm of the Grantor I. the Grantor,Its ctnpluyeet,contractors,or repmcematives,shall have a non- exclesive,trctpetual,!white access easement over the entirety of the Property,in order to provide aceecc to 11e public and utility access to the Grantor and any public utility provider to any and all utilities located under the Ptoperty for maintenance and instnlhdion rights(the"City Ravemeettt"). tmfltlwom Page 619 of 849 CFN:20170593938 BOOK 30727 PAGE 209 2. 'the City Easement may be temporarily Mocked foi a roasomtble an ours of time doting construction nod for future r[Oki,as reauuiably required for construction activities an adjacent properly owned by the Grantee nr Its Ofl hates and for future utility installation. 3. the City Easement shall inure to the benefit of and be binding upon the heirs, legal reprtxitatisrs,auceessors and assigns of the parties hereto,as applicahte. /The reraadnler of!NI page is kJ?inietrioaerlly blank, Page 620 of 849 CFN 20170593938 BOOK 30727 PAGE 210 • IN WITNESS WHEREOF,the Grantor has signed and sealed these presents the day and year first above written. Signet,sealed and skHHVemi / in the presence of: /loess" City of Miami Dear ririt Name;. 4 s c r Philip L. % /• �rint, mar. • - (i(cTgi6A+EI;, STATE OF FLORIDA COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before inn thine day of August,2017 by Philip Levine,us Mayor of the City of Miami Death,who Is.mortal I•k to me or who has produced m idcntilication and di (did /n , v • My Commission Expires: Notary ubtic,:•1-11... lands I �y r\t YYC0111�40M IrAt197f Sven:PM,,e Thee Page 621 of 849 CFN:2017059303B BOOK 30727 PAGE 211 F.XHIRIT A LEGAL DESCRIPTION OFTHE:PROPERTY The and referral to herein bolow b vtuated In the County of Mlaml.badr,Yate cf fln40,and Is desUIbed a".lylowl, PARCEL 1(1698 ALTON ROAD VENTURES LLC) THE EAST 10 PEET OF A 20 FOOT WIDE ALLEY,COMMONLY KNOWN AS ACTON COUNT,LYING BETWEEN THE WEST BOUNDARY Of BLOCK 40 OF THE PLAT OF FIRST ADDITION TO COMMERCIAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY,ACCORDING TO TIIE PUTT THEREOF,A5 RECORDED IN PUT BOOK 6,AT PAGE 30,OF NE PUBLIC RECORDS OF MANMADE COUNTY, FLORIDA.AND THE EAST BOINOARY LINE OF THE PUT OF THE ALTON BEACH REALTY COMPANY'S PIAT Of SUBDIVISION OF WEST HALF OF BLOCKS 17,45 AND 45,ACCORDING TO THE PUT THEREOF, AS RECORDED IN PUT BOOK 6,AT PAGE 165,OF THE RIRLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,AND BOtNNCEO ON THE NORTH BY THE SOUTH RIGHT-OFWAY UNE OF 17TH STREET,AND OCKINDED ON THE SOUTH BY THE WESTERLY PROLONGATION Of THE SOUTH BOUNDARY LINE OF LOT 9,BLOCK AO Of SAID PLAT OF FIRST ADDITION TO COMMERCIAL SURONISION OF TI£ALTON BEACH REALTY COMPANY AND UP TO THE EAST BOUNDARY USE OF SAID PUT OF THE ALTON BEACH REALTY COMPANY'S PLATOF SUBDIVISION OF WEST HALF OF BLOCKS 17,40 AND 45. c.usuueiM Page 622 of 849 CFN.20170593938 BOOK 30727 PAGE 212 ESJtII i I'It VACATION RESOLUTION 414 MO WM Page 623 of 849 CFN.20170593038 BOOK 30727 PAGE 213 RESOLUTION NO, 201629489 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING, ON SECOND AND FINAL READING OF THIS RESOLUTION AND FOLLOWING A DULY NOTICED PUBLIC HEARING PURSUANT TO SECTION 82.37(8),OF THE CITY CODE,THE VACATION CF 2,000 SQUARE FEET WITHIN THE ALLEY KNOWN AS ALTON COURT(HEREINAFTER THE "ALLEY); SAID VACATION IN FAVOR OF THE ADJACENT PROPERTY OWNERS. 1681 WEST VENTURES,LLC AND 1698 ALTON ROAD VENTURES, LLC (COLLECTIVELY THE "DEVELOPER"); AND FURTHER CONDITIONING THE VACATION OF THE ALLEY ON:(1)THE ISSUANCE BY THE CITY OF TWO QUIT CLAIM DEEDS;(2)THE GRANTING OF AN ACCESS AND USE EASEMENT BY THE DEVELOPER TO THE CITY;AND(3)THE FINAL APPROVAL AND EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE DEVELOPER. WHEREAS,the City holds a rIght•of•way dedication to a 20 foot wide public right. of•wey alley known es Alton Court,running paraael and between Alton Road and WON , Avenue,between 11'Street and Lincoln Road(hereinafter referred to ac the'Allay), and WHEREAS, 1081 West Ventures,LLC owns the property to the west of,end odfarAnl to,the COys Alley,along the Orel 150 feet of the Alley c'osest to I1"Skool; and WHEREAS.1098 Alton Road Ventures,LLC owns the property to the east of, and adjacent to,the Alley,thong the first 100 feet of the Alley closest to I7"'Street,and WHEREAS, 1681 West Ventures,LLC end 1698 Alton Road Ventures,LLC, have the same principals,and she be collectively referred t0 herein as the'Developer; and WHEREAS, the Developer Is seeking to develop a moved-use prolest with residential end relaWrestaurant and structured parking.COnststent with the CD-2 zoning regulations thereinafter,the"Project');and WHEREAS,as part of the Pro(eat,the Developer seeks to have the City vacate the north 100 feet of the Alley,located between Developer's parcels,for Ire 20 foot width of the Alley,for a total of 2,000 aquae feet(whickt limited area shall be referred to OS hie'City Parcel'),with the remainder of the Alley not being vacated;and WHEREAS,the Developer has requested that the City vacate the CIy'Pircel In• order to Incorporate the City Parcel,including.without lknitation,the Floor Asa Rego (FAR)attributable to the City Parcel,Into the Project;provided,however,lie Developer... • ,! . I • Page 624 of 849 CFN:20170593038 BOOK 30727 PAGE 214 has represented to the City that no habitable shucturee,parking grecs,or amenities shall be placed within the City Parcel,es the vacated area shall be used solely rot 'bridge'purposes to link the Developer's percets;and WHEREAS, Section 177.068, Florida Statutes, provides that, upon the abandonment ole rights t-way.all rights to the former lIght-of-way revert to the owners of the lots abutting such right.ofwray;end WHEREAS,a City may vacate roads when the vacation is In the public Interest, or when the street Is no longer required for public use and convenience;and WHEREAS,the overlie Pra)ecl and underlying Development Agreement to be entered Into by the City end Developer ae a condition of the proposed vacation,would reduce the City's costs due to the Implementation of the maintenance agreement for Adson Court:provide for a now sewer line along the vacated area which lino provides water and sewer services to Sunset Harbour:arid would ensure that the City obtain a perpetual access end use easement area along the entire length of the vacated Cay Parcel for continued vehicular access end underground utility access:end WHEREAS, the Administration,through its Pubic Works Department.hereby represents Piet the Developers have compiled with the application requirements and 6ebmillets in e000rdance with the City's Guidelines for Vacation or Abandonment of Streets or Other Rights of Way,end pursuant to Sections B2.3e through 82-40 of the City Cede;end WHEREAS,pursuant to City Coda Section 82.37(a)(1),the proposed vacation must also be referred to the Finance and Citywide Projects Convnittee,which heard the vacation request on June 17,2016;end WHEREAS,on June 8,2016,pursuant to Resolution No,2016.29439,the City Corn nrissienwaived the competitive bidding requirements of City Code Sociton 62-39(a), es by operation of law,the adjacent property owners(i.e.the Developer)are the only emitted parties to which the vacated rght•ol•way(the City Parcel)can be conveyed;end WHEREAS,pursuant to City Code Section 82-38.the Planning Department hes provided the City Commission with a ptor,nlne analysis relating to the six(6)elements for vacating City Property,which m12109.19 Included to the agenda;and WHEREAS,in ecoordenoe with City Coda Section 82-39(b),an appraisal was obtained by the City for the City's Parcel;end WHEREAS, the Finance end Citywide Projects Committee reeemmended accepting a voluntary contribution by the Developer to the City of S$663.00d.00.end recommended vacating the City Parcel. NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA that the Mayor end City Commission,approve,on second and final reading of this resolution and following a duty noticed public hearing pursuant to Section 82.37(a),of the City Code,the vacation of 2,000 square feet within the rkiey known es Paton Court(hereinafter the'Jay):said - vacation in favor of the ad)ecent properly owners, ieei Wst ventures,LLC and 1698 Page 625 of 849 CFN:20170593938 BOOK 30727 PAGE 215 Alton Road Ventures.LLC(collectively Me"Developer');and further conditioning the vacation of the Alloy on (1)Oto Issuance by the Clly of two quit claim deeds;(2)the granting of an access and use easement by the Developer to the Clty;end(3)the final approval end axecullon of a Development Agreement between the City and the Developer. PASSED and ADOPTED thls 13 day of /dr 201+ PHILIP LE. rr OR ATTF RAFAEL E.GRANADO,CITY C .� .,...e6-4, APPROVED AST° i,�'r , r'.1-.), FORM&LANGUAGE • �-a "1? h. OFOR EXECUTION ;*'‘,1,1r.00 RATEOjy d2�Q.0t S— 1 cdrMamey Rota T.1.AGENDA1201eLlety1PubitolftrodoVeon Cowl Vacation taoord reeding reeoWion Final.dec STATE Of FLOMOA COUNry OF MIAMI-0AOE I,RAFAEL E.GRANADO,City Clerk of City of � B -7 wt Miami Beach,Florida,do hereby certfy that ..,••f_}�y the above and foregoing is a true and correct ' t copy of the original thereof onflleInlhis *iINCO(i''_a- •Tsui office. • t •' ' • WRM iryhand an0 sale . ,:b thh dove M414,0yY AG.20� t�2.. mr - ...1. RAFAEL£.GRAIeADO v •.•.ar •• Gay park of the Gty of Miami Beach,Hotlda 7.7- --// .. •'. i . Page 626 of 849 COMPARABLE SALE NUMBER 20 -PERPETUAL AERIAL EASEMENT (Tides) is' .i • �' . Aerial'Easement t4 f- i, 4-,-4 9 tp. ij 02-3234-008-0450 _ ' ail r ' r - 02-3234-008-0410 r_. _ • ;, Mimi 02-3234-008-0440 OR ift •_ .. ),t 1..• .nr , 4'0, , _ . .:} , ...... ___ , 114 + jlrriJ' 4 e • ,J,1'r lb ., 02-3234-008-0430 .� 0 # + j r ....„ ii1:0 -4 t ' -C7z-, 5 t r Illaia r .: I 1 nz RECORDED: Miami-Dade County OR BOOK 29551 PAGE 3802 GRANTOR: City of Miami Beach GRANTEE: CG Tides, LLC CG Tides Village, LLC CG Tides Village I, LLC CG Tides Village II , LLC DATE OF SALE: March 23 , 2015 DATE INSPECTED: July 18, 2019 SITE SIZE/DIMENSIONS : 181 . 67 square feet of aerial easement, 20' x 9' 1" . TOPOGRAPHY/ELEVATION: Elevated sky bridge CONSIDERATION: $250, 000 UNIT SALE PRICE PER SQUARE FOOT: $1, 376 . 12 per square foot of aerial easement . TYPE OF INSTRUMENT: Perpetual Aerial Easement Agreement Page 627 of 849 COMPARABLE SALE NUMBER 20-PERPETUAL AERIAL EASEMENT Continued FOLIO NO: Adjacent Parcels connected by Sky Bridge: 02-3234-008-0440 02-3234-008-0430 02-3234-008-0450 02-3234-008-0410 LOCATION: Aerial Easement is located East of 1220 Ocean Drive and west on 1221 Collins Avenue, over Ocean Court Alley Miami Beach, Florida, Miami-Dade County, Florida. LEGAL DESCRIPTION: See attached deed for complete legal description. ZONING: MXE, Mixed-Use Entertainment District by the City of Miami Beach, Florida. PRESENT USE: Provide vehicular access on Ocean Court Alley HIGHEST AND BEST USE: Roadway and Utility CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and aerial easement of record. TYPE OF IMPROVEMENTS: Sky Bridge UTILITIES: All utilities available to site Page 628 of 849 COMPARABLE SALE NUMBER 20-PERPETUAL AERIAL EASEMENT Continued MOTIVATION OF PARTIES: Grantor - To provide vehicular access to Ocean Court Alley between properties east of Collins Avenue and West of Ocean Drive . Grantee - To maintain an aerial easement for pedestrian access to adjoining properties via Sky Bridge . ANALYSIS OF PERTINENT INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This transaction consist of a property encumbered with a right of way for access to Alton Court Alley and an aerial easement . The land value at this location was at $950 per square foot and this indicates a percentage of the fee land value at 137 . 61% for the easement . PHOTOGRAPH OF COMPARABLE SALE NUMBER 20 OP It ' I TAKEN BY ROBERT MILLER Page 629 of 849 1111111 11111111111111111111111111111111111111 CFN 20015F:O193869 OR Bk 29551 Pas 3802 - 3822; t2loas RECORDED 03/25/2415 12:55115 HARVEY RUVIH, CLERY, OF COURT MIAMI-DADE COUNTY, FLORIDA This Instrument Was Prepared By, and After Recording,Return To; Eve Boutsis,Esquire City Attorney's Office 1700 Convention Center Dr.,4th Floor Miami Beach,FL 33139 GRANT OF EASEMENT FOR AIR RIGHTS This Grant ofEa ment for ' Rights(the Easement" or the "Agreement")is made and entered into as of they day of , 2015, by the CITY OF MIAMI BEACH ("City" or"Grantor"), a municipal corporation duly organized and existing under the laws of the State of Florida,having an address at 1700 Convention Center Drive,Miami Beach, Florida 33139, in favor of CG TIDES, LLC, a Florida Limited Liability Company, having an address at 2915 Biscayne Boulevard, Suite 300, Miami, Florida 33137; CO TIDES VILLAGE, LLC,a Florida Limited Liability Company,having an address at 2915 Biscayne Boulevard,Suite 300,Miami,Florida 33137;CG TIDES VILLAGE I,LLC,a Florida Limited Liability Company, having an address at 2915 Biscayne Boulevard, Suite 300, Miami, Florida 33137; and CO TIDES VILLAGE II, LLC, a Florida Limited Liability Company, having an address at 2915 Biscayne Boulevard,Suite 300,Miami,Florida 33137(collectively"Grantee"). RECITALS A. Grantee is the fee owner of the Tides Hotel (1220 Ocean Drive) and the Tides Village(1201, 1221 and 1225 Collins Avenue)and the real property on which they arc located, which real property is legally described on Exhibit "A" attached hereto and made a part hereof(the"Hotel Properly"). B. The right-of-way of Ocean Court located between the Tides Hotel and the Tides Village as legally described in Exhibit "B" attached hereto and made a part hereof, was dedicated by plat to Grantor as a public right of way; this dedication also includes the air rights over the Ocean Court right-of-way(hereinafter,the air rights over the Ocean Court right of way are hereinafter referred to as the"Easement Area"). C. At its regular meeting on April 10, 2012, the City's Historic Preservation Board(HPB),pursuant to HPB Order No. 7303,attached hereto and made a part hereof as Exhibit "C",approved the installation by Grantee of an elevated pedestrian bridge,20 feet in length,9' 1"in width and located a minimum of 16 feet above the surface of the Ocean Court right of way(that is,within the Easement Area),for the purpose of connecting the second floor levels of the Tides Hotel and the Tides Village (the "Pedestrian Bridge"), which bridge shall service the Hotel Property. The Pedestrian Bridge shall not impeded vehicular access through 1 Page 630 of 849 Grant of Easement for Air Rights Tides Pedestrian Bridge Ocean Court(up to the height of 16 feet above the surface of Ocean Court). D. Grantor has agreed to grant an easement to Grantee for the sole purpose of ingress, egress, transport, installation, maintenance, and repair across, over and through the Easement Area,as may be required by Grantee in connection with its operation and use of the Pedestrian Bridge. E. Grantee shall bear any and all costs of installation, maintenance, utilities, replacements, repairs, taxes, insurance and any and all other costs and expenses, including any necessary relocation or undergrounding of existing utilities in conflict with the Pedestrian Bridge, involved in its installation. operation and use of the Pedestrian Bridge (herein alter defined as "Operating Costs"). F. As additional consideration for this grant of Easement, Grantee shall contribute two hundred fifty thousand and 00/100 dollars($250,000),in three payments as further described below,to be used by Grantor towards a"Green Alley" fund(as hereinafter defined)which fund is a benefit to the general public in creating a public greenspace and amenity. The location of the Green Alley shall be selected at the discretion of the City Commission. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows; 1. Recitals. The above recitals are true and correct and by this reference are incorporated as if fully set forth herein. 2. Easement.Grantor hereby grants to Grantee,for the use and benefit of Grantee,its successors and assigns and its agents, employees and invitees, an easement over, across, and through the Easement Area solely for ingress, egress, transport, use, installation, operation, maintenance,replacement,and repair of the Pedestrian Bridge. Hereafter, unless specified to the contrary,use of the term "Pedestrian Bridge"shall include the electrical and utility connections and associated equipment for proper operation of the Pedestrian Bridge, including lighting and fire sprinkler systems.The surface of the Ocean Court right of way subject to the Easement Area, up to a height of 16 feet, will at all times remain unobstructed for its continued use by Grantor and the public as a dedicated public right of way(which uses shall include, without limitation, pedestrian and vehicular activity). Grantee shall exercise its easement rights hereunder without interfering with the continued use of the Ocean Court right of way by Grantor and/or the public as a dedicated public right of way,including vehicular access up to a height of 16 feet above the surface of Ocean Court. 3. green Alley Contribution. As further consideration and inducement for Grantor's grant of this Easement,Grantee shall pay to Grantor a contribution in the amount ol'$250,000,to be paid in three installments as follows: (I) $75,000 upon execution of this Agreement; (2) $87,500 within 12 months of execution of this Agreement;and(3)$87,500 within 30 months of 2 Page 631 of 849 Book29551/Page3803 CFN#20150193869 Page 2 of 21 Grant of Easement for Air Rights Tides Pedestrian Bridge I� execution of this Agreement or upon obtaining the Certificate of Occupancy for the Pedestrian Bridge, whichever occurs first. Said contribution shall be used by Grantor, in its sole and reasonable discretion and as it deems necessary, toward the designed construction of a Green Alley. Grantor shall be solely responsible for, and shall have sole discretion to determine the means,manner,and methods of design,construction and location of the Green Alley. 4. Maintenance. Grantee agrees to install, use, operate,maintain,repair and replace the Pedestrian Bridge,or necessary portions thereof,so that same is at all times in good working order and condition and free of material defects, subject only to occasional interruption of service due to (i) ordinary wear and tear and use thereof; (ii) routine or extraordinary maintenance,repair or replacement;or(iii)events beyond Grantee's reasonable control. Grantee shall have the right to select the contractor(s) of its choice in connection with all aspects of installation, maintenance, repair, and replacement of the Pedestrian Bridge; provided,however, that all agreements with such contractor(s) shall he bona-fide, arms-length agreements for services at usual and customary rates and shall be subject to the prior approval of Grantor,which f' approval shall not be unreasonably withheld.After completion of any work by Grantee,Grantee shall,at its sole cost and expense, immediately, with due diligence,restore the roadway surface of the Ocean Court right of way to the condition in which it existed immediately prior to the performance of such work(the cost of which shall be included in Operating Costs). Grantee shall bear any and all costs of installation, maintenance, utilities, replacements, repairs, taxes, insurance and any and all other costs and expenses, including any necessary relocation or undergrounding of existing utilities in conflict with the Pedestrian Bridge,involved in Grantee's sole cost of installing, operating and using the Pedestrian Bridge (the "Operating Costs"). The Grantor may maintain,repair and replace necessary potions of the surface of the Ocean Court right of way and/or utilities and other easements on, above or below the right of way,as it deems necessary, in its sole and reasonable discretion. In the event that the Pedestrian Bridge is damaged during any such maintenance, repair or replacement, the Grantor shall work with the Grantee to make all necessary repairs to the Pedestrian Bridge at Grantor's sole expense. Grantee shall use best efforts to: (a) avoid causing any damage to or unreasonable interference with the Ocean Court right of way and Easement Arca; and (b) minimize any disruption or inconvenience to Grantor and the public in their use of Ocean Court as a dedicated public right of way. 5. Payment Covenants. Grantee as the sole user of the Pedestrian Bridge shall be responsible for any and all Operating Costs of the Pedestrian Bridge. Grantor shall be responsible for any costs associated with damage to the Pedestrian Bridge resulting from Grantor's maintenance,repair or replacement of portions of the Ocean Court right of way or utilities or other easements in the right of way. 6. Term. The term of this Easement shall be perpetual unless terminated by the parties in a writing executed by both.This Easement shall not merge with any deed to the Hotel Page 632 of 849 Book29551/Page3804 CFN#20150193869 Page 3 of 21 Grant of Easement for Air Rights Tides Pedestrian Bridge Property or any part thereof but shall survive for the term(Term)described herein. 7. Successors and Assigns. This Agreement shall bind,and the benefit thereof shall inure to the respective successors and assigns of the parties hereto. 8. j.imitation. It is the intention of the parties hereto that this Agreement shall be limited to and utilized for the purposes expressed herein and only for the benefit of the persons and properties named herein. The roadway surface of the Easement Arca shall continue to be used for appropriate pedestrian and vehicular activity, except as necessary during times of installation, maintenance, repair or replacement of the Pedestrian Bridge by Grantee, or maintenance, repair or replacement of the surface of the Easement Area or Grantor's maintenance, repair or replacement of utilities or other easements in the Easement Area by Grantor. Grantor shall not be responsible for the actions of Third-Parties not contracted by Grantor who may cause damage to the Pedestrian Bridge. 9. indemnification, A. Grantee shall indemnify and hold harmless Grantor, its officers and employees, from any costs,liabilities,claims,losses,and damages(including,without limitation,reasonable attorneys' fees and disbursements at the trial level and all levels of appeal), whether suit is instituted or not, relating to death of or injury to persons, or loss of or damage to property, resulting from, arising out of, or incurred in connection with the existence and use of the easement and the easement arca by Grantee, and/or its officials employees, contractors, and agents;and including, but not limited to, arty violation by the Grantee, and/or its officials, employees,contractors, and agents, of any laws, rules,regulations or ordinances regarding hazardous materials, hazardous wastes,hazardous substances,solid waste, or pollution,whether now existing or hereafter.enacted or promulgated, as they may be amended from time to time ("Environmental Laws"); any presence, release, or threat of release of hazardous materials, hazardous wastes,hazardous substances,solid waste or pollution at,upon,under, from or within the easement area by Grantee,and/or its officials,employees,contractors;and agents;the failure of Grantee, and/or its officials, employees, contractors, and agents, to duly perform any obligations or actions required to be taken under any Environmental Laws (including, without limitation, the imposition by any governmental authority of any lien or so-called "super priority lien"upon the easement area);any clean-up costs; liability for personal injury or property damage or damage to the environment;and any fines, penalties,and punitive damages, or any tines or assessments incurred by or claimed against Grantor and arising out of the failure of Grantee, and/or its officials, employees, contractors, and agents, to comply with Environmental Laws in connection with the use of the casement and the easement area by Grantee,and/or its officials,employees, contractors,and agents. B. Grantee shall also,as part of the indemnification provided to Grantor pursuant to this Section 9,defend any and all claims asserted against Grantor resulting from,arising out of, or incurred in connection with the existence and/or use of the Easement and the Easement Area by Grantee. and/or its officials, employees,contractors, and agents. Grantee shall be entitled to Page 633 of 849 Book29551/Page3805 CFN#20150193869 Page 4 of 21 Grant of Easement for Air Rights Tides Pedestrian Bridge select counsel of Grantee's choice to defend the claim;provided,however,that such counsel shall first be approved by Grantor's City Attorney, which approval shall not be unreasonably conditioned, withheld,or delayed; and, provided further, that the Grantor shall be permitted, at its cost and expense,to retain independent counsel to monitor the claim proceeding.The duty to defend set forth in this subsection shall be severable and independent from the indemnity obligations otherwise set forth in this Section 9,to the extent that if any other provisions and/or subsections of this Section 9 are deemed invalid anti/or unenforceable, this duty to defend provision shall remain in full force and effect. C. Notwithstanding anything contained in Section 9 to the contrary,Grantee shall not be obligated or liable to Grantor,or any third parties, for any costs, liabilities,expenses, losses, claims or damages, with respect to third party claims resulting from the gross negligence, recklessness or willful misconduct of Grantor or its officials,employees,contractors,and agents. D. The indemnity an defense obligations set forth in this Section 9 including,without limitation, the provisions of its subsections, shall survive the expiration of the Term or any termination of this Easement regarding any and all costs, liabilities,claims, losses,and damages i (including,without limitation,reasonable attorneys' fees and disbursements at the trial level and all levels of appeal),whether suit is instituted or not,relating to death of or injury to persons,or loss of or damage to property, resulting from, arising out of,or incurred in connection with the existence and use of the Easement and the Easement Area by Grantee and/or its officials, employees, contractors, and/or agents. For purposes of example only and without limiting the generality of the foregoing,costs, liabilities,claims,losses and/or damages which are unknown or unaccrued as of the date of the expiration of the Term or other Termination of the casement could include hut not he limited to,latent construction defects and/or environmental remediation claims. 10. Default. A. Default by Grantee. In the event of a default by Grantee in the maintenance, operation or repair of the Pedestrian Bridge, Grantor shall give written notice to Grantee, specifying the nature of such default. Grantee shall have a period ten (10) days following receipt of said notice in which to remedy the default (or such longer time as may be necessary and reasonable, provided Grantee shall have commenced a cure within said 10-day period and is diligently and continuously prosecuting same); failing which Grantor shall have the right to enter upon the Easement Area,for the limited purpose of effecting the required repair or maintenance of the Pedestrian Bridge. Notwithstanding the foregoing, if the default is of' such a nature that an emergency situation arises constituting an unsafe or unsanitary condition,the period for cure of such default shall be accelerated to be a period of time which is reasonable in light of the nature of the emergency. All costs incident to curing a default by Grantee under this subsection A shall be the sole responsibility and obligation of,and accordingly,shall be borne by,the Grantee. Page 634 of 849 5 Book29551/Page3806 CFN#20150193869 Page 5 of 21 Grant of Easement for Air Rights Tides Pedestrian Bridge 13, Default by Grantor. In the event of a default by Grantor in the repair of the Pedestrian Bridge resulting from damage caused by Grantor to the Pedestrian Bridge pursuant to Grantor's activities under Section 4 hereof, Grantee shall give written notice to Grantor, specifying the nature of such default. Grantor shall have a period often (10) days following receipt of said notice in which to remedy the default(or such longer time as may be necessary and reasonable, provided Grantor shall have commenced a cure within said 10-day period and is diligently prosecuting same), failing which Grantee shall have the right to effectuate the required repair of the Pedestrian Bridge. Notwithstanding the foregoing, if the default is of such a nature that an emergency situation arises constituting an unsafe or unsanitary condition,the period for cure of such default shall be accelerated to be a period of time which is reasonable in light of the nature of the emergency. All costs incident to repair of the Pedestrian Bridge shall be borne by the Grantor. 11. Enforcement. In the event it becomes necessary for any party to defend or institute legal proceedings as a result of the material failure of either party to comply with the terms, covenants and conditions of this Agreement, the prevailing party in such litigation shall recover from the other party all costs and expenses incurred or expended in connection therewith,including,without limitation,reasonable attorneys'fees and costs,at all levels. 12. Venue. Jurisdiction. This Agreement shall be governed and construed in all respects in accordance with the laws of the State of Florida,without regard to its conflict of law's provisions. Further, all parties hereto agree to avail themselves of and submit to the personal jurisdiction of the Courts of the State of Florida in Miami-Dade County. 13. Interpretation. No provision of this Agreement will be interpreted in favor of,or against,any of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute a single document. 15, Notices. All notices, demands, requests or other communications required or permitted to be given hereunder shall be deemed delivered and received upon actual receipt or refusal to receive same, and shall be made by United States certified or registered mail, rctum receipt requested or by hand delivery, and shall be addressed to the respective parties ut the addresses set forth in the preamble to this Agreement. 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating in any manner to the subject matter of this Agreement.No prior agreement Page 635 of 849 � 1 M ILD%WIU 01610A1 V,' 'KUM*Lc1GlV. 6 Book29551/Page3807 CFN#20150193869 Page 6 of 21 Grant of Easement for Air Rights Tides Pedestrian Bridge • li 17. Severability. If any clause or provision of this Agreement is deemed illegal, invalid or unenforceable under present or future laws effective during the term hereof,then the validity of the remainder of this Agreement shall not be affected thereby and shall be legal,valid and enforceable, g THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK • • Page 636 of 849 7 • Book29551/Page3808 CFN#20150193869 Page 7 of 21 1 Grant of Easement for Air Rights Tides Pedestrian Bridge IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as of the date and year first set forth above. Signed,sealed and delivered GRANTOR: in the presence of CITY OF MIAMI BEA'• ,a Florida municipal orporation40-airoil4rwile I' F rift 'am QName: irju•, - Title: A: S Print Name keft:a aJ ,J.F +C .464. • STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE)1te foregoing instrument was acknowledged before me this Tof 2tlltay byJ as r'.i / �4 of the City of Miami Beach F orida municipal corporation on bdhalf of su municipal corporation,'Orris personally known me or has produced a driver's license as identification , Print or Stamp Name: Notary Public,State of Florida at Large Commission No.: My Commission Expires: • APPROVED AS TO u A dr. 1„S : Wary F Ma:,Siva 01 Flmfds. FORM&LANGUAGE ;�; t My Comm E+pare Feb agt1 Page 637 of 849 • City Attorney Date 8 Book295511Page3809 CFN#20150193869 Page 8 of 21 Grant of Easement for Air Rights Tides Pedestrian Bridge !, 9 II W WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as of the date and year first set forth above. Signed,sealed and delivered GRANTEE: in the presence of CG TIDES,LLC,a Florida limited liability company By: JCMC Tides, LLC, a New York limited liability company,its Manager ,.„ .// Name: i s A . rl , Print / Title: / ,. , . Nale: , Are . 'tint 4 • Name: 1 1.r1'r( . ' f d '.la •: STATE OF 1 -W ‘10-1r. COUNTY OF , -v ttl'iS The fpregoing instrument was acknowledged before me this day of�111av�+ {_,by sles.e oln C:)n.}vii ,as V4J.Idocke of..1011c T 4Pi LLC. a New York limited liability company,who executed the foregoing document on behalf of such .,He personally appeared before me,is personally known to me or . prod:sr-ad ,, pe irinn6Aac:� Notary: 4.4s i [NOTARIAL SEAL] Print Name: 1.41s l 1` - Notary Publie,State of `u.0 My commission expires: 'ltc -- LOIS HOTTER SANCHEZ Page 638 of 849 nprn• ii,r uJj 9 •Book29551/Page3810 CFN#20150193869 Page 9 of 21 Grant of Basement for Air Rights Tides Pedestrian Bridge • IN WITNESS WHEREOF,the patties hereto have duly executed this Grant of Easement as of the date and year first set forth above. Signed,sealed and delivered GRANTEE: In the presence of: CC TIDES VILLAGE, LLC, a Florida limited liability company By: 392 Fifth,LLC,a New York limited liability company, its Managing Print / Member � ' 111 ,l{� � �fl��+t.I/I Name: � �!f�: vA- Title: /►�n":1� 1 ' Name: w / I `dot STATE OF Kr-43 COUNTY OF )v ,a.- The I,regoing instrument was acknowledged before me this day of '1 ,by Zotoftl t\LtJry* ,as 00.1110 ,r✓ of Ma !✓. h i.UG .a New York limited liability company,who executed the foregoing document on behalf of such_ .He personally appeared before me,is personally known to me of pradtteed _ns iterttfftcaioe. Notary: �+ (NOTARIAL SEAL] Print Name: LAtS. kwt\--6, �► .-- Notary Public,Stale of 14..u.) 9 L My commission expires:414/‹. LOIS RUTTER SANCHtZ tlr��,G..61Iw ce.a. Maw IfM r Page 639 of 849 • I � 10 Book29551/Page3811 CFN#20150193869 Page 10 of 21 Grant of Easement for Mr Rights 'fides Pedestrian Bridge IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Eascmedt as of the date and year first set forth above. Signed,sealed and delivered GRANTEE; In the presence of: CG TIDES VILLAGE I, LLC, a Florida limited liability company 1 By: 392 Fifth,LLC,a New York limited liability company,. its Managing Print / Member N. o: —� By: ! %J:�'�t_ litt I1,// Name: !WAIF . _ l{– '' Print / Title: /A, IR'R_. r Name i0 i, r+ . / STATE OF 8W gbak K ) ) COUNTY OFkl Ns ) n The foregoing ipstrumont was acknowledged before the this tl'day of Ks..tin 70d ,by -14C4V U.R.L-v 14" ,ss /.4.144-vr ofd �l,Fs4lh U C ' a New York limited liability comt?an ,who executed the foregoing document on behalf of such .He personally appeared before me,is personally known to me er' p Notary:.. , i [NOTARIAL SEAL] Print Name: I m is 'mow K � ,t j I./ Notary Public,State of tSl✓w 44112-1L Page 640 of 849 OuelHleil In Queens Cour Commission Expires April 24,2041, 11 Book29551/Page3812 CFN#20150193869 Page 11 of 21 Grant of Easement for Air Rights Tides Pedestrian Bridge IN WITNESS WHEREOF,the parties hereto have duly executed this Grant of Easement as • of the date and year first set forth above. Signed,sealed and delivered GRANTEE: In the presence of: CO TIDES VILLAGE IIS LLC,a Florida limited liability company • 13y:Name: �� �Y r Print Title: J. Ny e: f ._te rl l .i�ih 1'11 , Print ijI I, Nome STATE OF oa-le. ) ) COUNTY OF - ) The foregoing i strument was acknowledged before me this Jkday of r 'VAC ,byh #13.3 ..wvbcv ofe. tA a Florida limited liability company.who executed the foregoing document on behalf o' such . lie personally appeared before me, is personally known to me et, pr n Page 641 of 849 it 1 Notary ruonc,maw or Pa1 u+�K— My commission expires:,H1/ LOIS NUTTER SANCHEZ 111 Notary Public,State of New York No.01 HU5042516 Oualified In Queens County ( Commission Expires April 24,20._I_ i 12 Book295511Page3813 CFN#20150193869 Page 12 of 21 Grant of Easement for Mr Rights Tides Pedestrian Bridge • JOINDER BY MORTGAGEE The undersigned, being the owner and holder of that certain Mortgage and Security Agreement(the"Mortgage")given by CO Tides LLC,CG Tides Village LLC,CO Tides Village I LLC,CG Tides Village II LLC, 1155 Collins LLC and CO 1155 Collins LLC,each a Florida limited liability company, in favor of Ocean Bank,a Florida banking corporation, dated as of October 29,2014,and recorded in Official Records Book 29369,at Pages 3295.3321,in the Public Records of Miami-Dade County, Florida, covering all or a portion of the property described in the foregoing Grant of Easement For Air Rights,hereby acknowledges and agrees that the lien and effect of the Mortgage shall be subject and subordinate to the terms of said Grant of Easement for Air Rights. IN WITNESS HEREOF, these presents have been executed this day of I2prat ,20 /1: Signed,sealed and delivered in the OceanB , al Florida bankcorporation presence of these witnesses: -� rib Name; GEIS�7liJA- a1,R2 - eA:- f Witness: By: . ' •••1. + � . Title* VIC P2t's1Dtr4— Print Name: CM• V With .:: r ra .r Address: Print N� , -sr. 7 to IJ w y i qtr STATE OF kov�t�0. r� 331 2,t; • COUNTY OF ''c'. R- . ) This instrument was acknowledged�eforo me this It"day of"F+rhwa 20J by - -`cI.. 51 _c I Page 642 of 849 identification. ` p N a • • • Y S.MUNE Print Name:_{�,er t, l�'��M.Wee+• ,410 Motel POO•Sine of Flourp ' Notary Public,State � 1s%n.0 Commission FF tse76d My commission expires. nof pi?All kk • 11, kf�Woos* 'tres tl�[tari oto tN) t3 Book29551IPage3814 CFN#20150193869 Page 13 of 21 Grant of Easement for Air Rights Tides Pedestrian Bridge EXHIBIT A I, col al sc ' 'o — .tel Pro Parcel 1: Lot 9, and the South 40 feet of Lot 10, Block 17, of OCEAN BEACH, ADDITION NO. 2,according to the plat thereof, as recorded in Plat Book 2, at Page 56,of the Public Records of Miami-Dade County,Florida. Parcel 2: Lot 11, and the North 10 feet of Lot 10, Block 17, of OCEAN BEACH, ADDITION NO, 2,according to the plat thereof,as recorded in Plat Book 2,at Page 56,of the Public Records of Miami-Dade County,Florida. Parcel 3: Lot 12,Block 17,of OCEAN BEACH,ADDITION NO.2,according to the plat j. thereof,as recorded in Plat Book 2,at Page 56,of the Public Records of Miami- Dade County,Florida. Page 643 of 849 � 6 Ii • 19 • Book29651/Page3816 CFN#20150193869 Page 14 of 21 Grant of Easement for Air Rights Tides Pedestrian Bridge EXHIBIT B Legal Description—Easement Area • A PORTION OF 20 FOOT PUBLIC ALLEY (OCEAN COURT), OCEAN BEACH, FLA, ADDITION NO.2, BLOCK 17,ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 56 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHEAST CORNER OF LOT 9, BLOCK 17, OCEAN BEACH,FLA,ADDITION NO.2,ACCORDING TO THE PLAT THEREOF,AS RECORDED I' IN FLAT BOOK 2 AT PAGE 56 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 00 DEGREES 00 MINUTES 35 SECONDS EAST, ALONG THE EAST LINE OF LOTS 9 THROUGH 11 OF BLOCK 17 OF SAID PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2, FOR 139.39 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES 00 MINUTES 35 SECONDS EAST FOR 9.08 FEET;THENCE SOUTH 89 DEGREES 59 MINUTES 25 SECONDS EAST FOR 20.00 FEET TO THE WEST LINE OF LOT 6 OF BLOCK 17 OF SAID PLAT OF OCEAN BEACH;FLA, ADDITION NO. 2; THENCE SOUTH 00 DEGREES 00 MINUTES 35.SECONDS WEST, ALONG SAID LINE FOR 9.08 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 25 SECONDS WEST FOR 20.00 FELT TO THE POINT OF BEGINNING. SAID BRIDGE CONNECTION EASEMENT LYING BETWEEN THE HORIZONTAL PLANE OF ELEVATION OF 22.75 FEET AND ELEVATION 33.25, FEET NATIONAL GEODETIC VERTICAL DATUM 1929.SAID EASEMENT CONTAINING 181.6 SQUARE FEET. LYING AND BEING IN SECTION 34,TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH,MIAMI-DADE COUNTY,FLORIDA. Page 644 of 849 ' I � 15 Book295511Page3816 CFN#20150193869 Page 15 of 21 • Grant of Easement for Air Rights Tides Pedestrian Bridge J3XHIBIT C Historic Preservation Board Order No.7303 THE REMAINDER OF THIS PAGE INTENTIONALLY LEF t'BLANK Page 645 of 849 16 Book29551/Page3817 CFN#20150193869 Page 16 of 21 l ii l�wilt itit till) flI it Il BlIit tililtit . + CFN 2013R047S260 OR UK 2 V ss 26 4 - 218� Sols? RECORDED 06/14/1013 11:24:13 HARVEY RUVIH. CLERK OF COURT, IIAlli«DAOE COUNTY, FLORIDA • CIIT1/ICATICu HISTORIC PRESERVATION BOARD traPA�MKRDAOa11A O.PA m� .. �>ta�ria city of Mimi Beach,Florida sal Wag ` ;_I�'I U to-47 Your MEETING DATE; Apn110,2012 . a IIkTJI • ' wvool+�aarlCDt7lrM FILE NO: 7303 � M*hIZOt. areal w LSI3 • 2 PROPERTY: 1220 Ocean Drive&1201-1225 Collins Avenue—Tides Hotel LEGAL: Lots 6&7 of'Ocean Beach Addition No.2',According to the Piet Thereof, as Recorded In Plat Book 2,Page 56,of.the Public Records of Miami-Dada County,Florida. IN RE: The Application for a Certificate of Appropriateness for the partial demolition of the existing Tides Hotel at the pool deck level, and the • construction of a new elevated pedestrian bridge spanning the alley,Ocean Court,and connecting to a previously approved project located at 1201- 1225 Collins Avenue. ORDER The applicant, CG Tides, LLC., flied an application with the City of Miami Beach Planning Page 646 of 849 based upas the evidence,information,testimony and materials presented at the public nearing end which are part of the record for this matter A, The subject structure is classified as 'Contributing' (Historic) In the Miami Beach Historic Properties Database and Is located within the Ocean Drive/Collins Avenue Local Historic District and National Register Architectural District. B. Batted on the plans end documents submitted with the application, testimony and information provided by the applicant,and the reasons set forth in the Planning Department Staff Report, the project as submitted is consistent with the Certificate of Appropriateness Criteria In Section 118-584(a)(1)of the Miami Beach Code,Is consistent with the Certificate of Appropriateness Criteria In Section 118.564(a)(2)of the Miami Beach Code,is consistent with the Certificate of Appropriateness Criteria in Section 118-584(a)(3)of the Miami Beach Code,and Is not consistent with Certificate of Appropriateness for Demolition Criteria'8'in Section 118-584(0(4)of the Miami Beach Code. C, The project would be consistent with the criteria and requirements of section 118.584 if the following conditions aro met 11:innk9RR70IPanu9t;ld r.FNt19n1qnd:749All Dino 1 of ri Book295511Page3818 CFN#20150193669 Page 17 of 21 ( Page 2 of 5 HPB Flle No.7303 Meeting Date:April 10,2012 • 1. Revised elevation,site plan end floor plan drawings shall be submitted to and approved by state at a minimum,such drawings shall incorporate the following: a. The bridge ehalt be straight and oriented perpendicular to the adjacent properties,subject to the review and approval of staff. b. With the exception of required structural members, the railings shall be open above a height of forty-two(427 Inches above the finished walkway, subject to the review end approval of staff. • c. Glass railings,a maximum of forty-two(421 inches high shall be used In place of the proposed mesh railings,In a manner to be reviewed and approved by staff, d, The north and south edges of the roof and floor slabs shall be tapered to minimise the visual impact of the roof,in a manner to be reviewed and approved by staff. e. The roof canopy shall be solid,subject to the review and approval of staff. 1. All required lighting,sprinkler heads,*tipple lines,electrical and conduits in the' bridge shall be contained within the roof slab and flush with the ceiling, in a manner to be reviewed and approved by staff. g. The applicant shall work with the Public Works Department and the Fire Department to ensure that all Public Works and Fire Department requirements east 6 div caliaeorl Page 647 of 849 ii II I. Prior to the Issuance of a Certificate of Occupancy, the project Architect shall verify,in writing,that the subject project has been constructed In accordance with the plans approved by the Planning Department for Building Permit. 2. A revised landscape plan,prepared by a Professional Landscape Architect,registered in the State of Florida,and corresponding site plan,shall be submitted to and approved by staff.The species type,quantity,dimensions,spacing,location and overall height of all plant material shall be dearly delineated and subject to the review and approval of staff. Ata minimum,such plan shall Incorporate the following; a. All exterior walkways and driveways shall consist of decorative pavers, set in sand or other equally semi•pervious material,subject to the review and approval of staff. b. A fully automatic Irrigation system with 100% coverage and an automatic rain censor in order to render the system inoperative in the event of rain. Right-of- way areas shell also be incorporated as part of the irrigation system. za....V loweniD.,...,ncaa r►rawin44nA7CIACt brill^ 7 .+F a Book29551/Page3819 CFN#20150193869 Page 18 of 21 Page 3 of 5 HPB File No.7303 Meeting Date;April 10,2012 { c. The utilization of root barriers and/or structural soil,as applicable,shall be dearly delineated on the revised landscape plan, d, The applicant shall verify, prior to the Issuance of a Building Permit, the exact location of all baddtow prevention devices. Backflow prevention ddvices shall ' not be permitted within any required yard or any area fronting a street or sidewalk, unless otherwise permitted by the Land Development Regulations. The location of all back low prevention devices,and how they are screened from the right-of-way,shall be clearly indjcated on the site and landscape plans and shall be subject to the review and approval of staff.The lire department shall require a post-indicator valve(PIV)visible and accessible from the street a. The applicant shall verify, prior to the issuance of a Building Permit,the exact location of all post-indicator valves(Ply),fire department connections(FDC)and • all other related devices and fixtures,which shall be clearly indicated on the site and landscape plans,and shall be subject to the review and approval of staff. f. The applicant shall verify, prior to the Issuance of a Building Permit,the exact location of ail applicable FPL transformers or vault rooms;such transformers and vault rooms, and all other related devices and fixtures, shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of any exterior transformers, and how they are•sc eened with landscape material from the right-of-way,shall be clearly Indicated on the site and landscape plans • and shall be subject to the review and approval of staff. Page 648 of 849 II' VIM WM farm:mope wenn 8RASVea py rituMmg ue arunern RVPuttying Permit 3. All building signage shall be consistent in type,composed of flush mounted,non-plastic, Individual letters and shalt require a separate permit, 4. The final exterior surface color scheme,including color samples,shall be subject to the review and approval of staff and shall require a separate permit, 5. An historic analysis of the existing structure, Inclusive of a photographic and written description of the history and evolution of the original building on site,shall be submitted to and approved by staff,gal to the issuance of a Building Permit;such historic analysis shall be displayed prominently within the public area of the structure,In a location to be determined by staff, i 6. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code(FAC). 7. The project shall comply with any landscaping or other sidewalk/street improvement standards as may be prescribed by a relevant Urban Design Master Plan approved prior to the completion of the project and the issuance of a Certificate of Occupancy. 12"p.1 ''1QG7ninnateelM4 t± PGA114401114"IAA7G')tAQ Dn�." of Book29551/Page3820 CFN#20150193869 Page 19 of 21 • • l Page 4 of 5 HP8 File No.7303 Meeting Date:April 10,2012 8. At the time of completion of the project,only a Final Certificate of Occupancy(CO)or Final Certificate of Completion(CC)may be applied for,the staging and scheduling of the construction on site shall take this into account. All work on site must be completed in accordance with the plans approved herein,as well as any modifications approved or required by the Building,Fire,Planning,Cllr and Public Works Departments,inclusive of all conditions imposed herein, and by other Development Review Boards, and any modifications required pursuant to field inspections,prior to the Issuance of a CO or CC. This shall not prohibit the Issuance of a Partial or Temporary CO, or a Partial or Temporary CC. 0. The Final Order shall be recorded in the Public Records of Miami-Dade County,WWI to the Issuance of a Building Permit. 10, The Final Order is not severable,and If any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction,the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition,and/or it is appropriate to modify the remaining conditions or impose new conditions. 11. The conditions of approval herein are binding on the applicant,the property's owners, operators,and alt successors in interest and assigns. 12. Nothing In this order authorizes a violation of the City Code or other applicable law,nor Page 649 of 849 - testimony and materials presented at the public hearing,which are part of the record for this matter, and the staff report and analysis, which are adopted herein, Including the staff . recommendations,which were amended by the Board,that the Certificate of Appropriateness is GRANTED for the above-referenced project subject to those certain conditions specified In paragraph C of the Findings of Fact (Condition Nos. 1-12, Inclusive) hereof, to which the applicant has agreed. PROVIDED,the applicant shall build substantially in accordance with the plans approved by the it Historic Preservation Board,as determined by staff, entitled 'Tides Pedestrian Bridge, as prepared by Karp Architecture Interior Design&Planning,dated February 2012. When requesting a building permit,the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance,as set forth in this Order, have been mat. • The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal,•County and/or State reviews and permits, including final zoning approval. If adequate handicapped access is not provided on the Board-approved plans,this approval does not mean that such handicapped access is not required. When requesting a building permit,the plans submitted to the Building Department for permit shell be consistent ' I m,wn11i01OQ7AIRwa,,.•9647 "rillanflolOrtA7trIa0 news^ Ant Book29551/Page3821 CFN#20150193869 Page 20 of 21 �. . , . N • LAST' PAGES PAGE 2628 N•- 0) i7 • Page 5 of 5 HPB File No,7303 Meeting Date:April 10,2012 1.4N aW with the plans approved by the Board,modified in accordance with the conditions set forth in NQ this Order. • Ya If the Full Building Permit for the project is not issued within eighteen(18)months of the meeting date at which the original Certificate of Appropriateness was granted, the Certificate of d Appropriateness will expire and become null and void. If the Full Building Permit for the project Gdshould expire for any reason (including but not limited to construction not commencing and • continuing, with required inspections, In accordance with the applicable Building Code), the certificate of Appropriateness will expire and become null and void. In accordance with Section 118.581 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. Failure to comply with this Order shall subject the Certificate of Appropriateness to Section 118.584,City Code,for revocation or modification of the Certificate of Appropriateness, , Dated this •RV- day of4111 ,202 HISTORIC PRESERVATIO D ! THE C fY OF MIAMJ\BEAC RIDA GI I� • Page 650 of 849 it it II . V • r nvtvrno r<.i ivuI r,rtes - DESIGN AND PRESERVATION MANAGER j II FOR THE CHAIR STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE ) The foregoing Instrument was acknowledged before me this /.4 day of r'— e ( 201013y Thomas R.Mooney,Design and Preservation Manager, Planning Department,City of Miami Beach,Florida,a Florida Municipal Corporation,on behalf of the corporation.He le personally known to me. `�"" � Tepapoo uYca 6148 NOTARY PUBLIC ��trrr as Miami•Dade County,Florida �a,� `�1d1o�'`"+" My commission expires: /&— 01.‘ " Approved As To Form: /'•�/d Legal Department: (y ) Filed with the Clerk of the Historic Preservation Board on if•1.0-2017( Q C. ) FMHP8i12HP81Aptf2173C34PR2012,F4,do 6 rtnnleORR70/Dsnee7R1R f'G10f19MgfA7S AR Pori= A of R Book29551/Page3822 CFN#20150193869 Page 21 of 21 • Page 651 of 849 II I COMPARABLE SALE NUMBER 21—PERPETUAL AERIAL EASEMENT (Betsy Ross) r I ,?4 Aerial Easement ` rd I, '_�+� tS 4 /yp7� 'a" i Y4 N, ,y app&i ? . * eY i 11��) +rX t C 4.4 4 4 ' T- ',-__E-'1, --`-,-..,;`,.,' - 4i', + 'k � „ p ` r.j Y ' _,. edr. a I kw 1. �!( YFlir '7 , ,6Y" 9eye �4' ,' !'di. 1.4 _._ ii1 $� taY .---3-",-A,-.1., 02-3234-008-0710 ' m 7 't ( S 1 '' ,i4:;,;';,, ih ,- .�—�' -k - -ms's ` - s� ,dl 'i 02-3234-008-0581 T - r70; it';,..v:,. 41i. N d i 4 n. r. ` ¥ 6 ko C d _,. jai. -/' 'L :.`" Y . r'c:'t ,,., - 14 )iY' it a .5 ."-:P7, _rte e fi 14 aor at r , ' "'• IIIIIIIIi' a...-, .._.a.v._ �{I '�i.- .�dit_ S - . it,± j L14• lL ___ 'tk —.,�". RECORDED: Miami-Dade County OR BOOK 30318 PAGE 320-344 GRANTOR: City of Miami Beach GRANTEE: Betsy Ross Owner, LLC DATE OF SALE: November 3 , 2016 1 DATE INSPECTED: July 18, 2019 SITE SIZE/DIMENSIONS: The pedestrian bridge is 555 square feet and the decorative spherical structure is 14, 615 cubic feet . TOPOGRAPHY/ELEVATION: Elevated sky bridge CONSIDERATION: $245, 000 UNIT SALE PRICE PER SQUARE FOOT: $441 .44 per square foot of land area Page 652 of 849 li COMPARABLE SALE NUMBER 21-PERPETUAL AERIAL EASEMENT (Betsy Ross) Continued li TYPE OF INSTRUMENT: Perpetual Aerial Easement Agreement II FOLIO NO: Connecting properties by Aerial II Easement 02-3234-008-0581 02-3234-008-0710 LOCATION: East side of Collins Ave and west it side of Ocean Drive spanning Ocean Court Alley, connecting 1433 Collins Avenue and 1440 Ocean Drive Miami Beach, Florida, Miami-Dade County, Florida. LEGAL DESCRIPTION: See attached deed for complete legal description. ZONING: MXE, Mixed-Use Entertainment District by the City of Miami Beach, Florida. PRESENT USE: Provide vehicular access on Ocean Court Alley, Miami Beach, Florida right of way. HIGHEST AND BEST USE: Alley CONDITION OF SALE: Arm' s-length transaction FINANCING: Cash to Seller ENCUMBRANCES: Restrictions, covenants, limitations, zoning, regulations imposed by government authority, and aerial easement of record. TYPE OF IMPROVEMENTS: Alley UTILITIES: All utilities available to site Page 653 of 849 COMPARABLE SALE NUMBER 21-PERPETUAL AERIAL EASEMENT (Betsy u Ross) Continued MOTIVATION OF PARTIES: Grantor - To provide vehicular I access on Ocean Court Alley Miami Beach right of way. Grantee - To maintain an aerial 1 < easement for pedestrian walkway. ANALYSIS OF PERTINENT / INFORMATION INCLUDING CASH EQUIVALENCY CONSIDERATION: N/A EXPOSURE TIME: Not available NUMBER OF DAYS ON THE MARKET: Not available REMARKS/COMMENTS: This transaction consist of a property encumbered with a right of way for access to Alton Court Alley and an aerial easement . The fee simple market value at the time of sale was at $1, 050 per square foot or 42 . 000 of the fee simple land value. PHOTOGRAPH OF COMPARABLE SALE NUMBER 21 (Betsy Ross) , ,p I,, J . , ,, .„., d '', ,., , 7 i 7 II 9. d I e , , , . . ' ithinc lt.;.,:,'IL Ili ' - i '-'1 ' 1 'LLJ i r'4 — w ti 1 I I4`= I If lel 'r 1 I I �.F I , r '1 } ii ifi ft '1: , • -1 TAKEN BY ROBERT MILLER ON July 23 , 2019 Page 654 of 849 it 111111111111111111111111111111111111111111111 CFH 2016R0674389 OR 8K 30318 Pss 320-344 (7SPsu) RECORDED 11/22/2016 15e23:15 DEED DOC TAX 10.60 SURTAX $0.45 HARVEY RUVIH, CLERK OF COURT NIAt1I-DARE COUNTY, FLORIDA This instrument ptepared by and after recording return to: Eve Boutsis,Esquire City Attorney's Office 1700 Convention Center Dr.,4a'Floor ?Aland Beach,FL 33139 (For Recorder's Use Only) GRANT OF EASEMENT FOR AIR RIGHTS This Grant of. for Air RI:, :(the"Easement"or the"Agreement")is made and entered into as of thisy of ,l,,,,•ft, ;116. by the CITY OF MIAMI BEACH ("City"), a municipal corporation duly organized and existing under the laws of the State of Florida, having an address at I700 Convention Center Drive, Miami Beach, Florida 33139 ("Grantor'), in favor of BETSY ROSS OWNER, LW,a Delaware limited liability company having an address at 1440 Ocean Drive,Miami Beach,Florida 33139("Grantee"). BUZIALE A. Grantee is the fee owner of the Betsy Ross South'Beach Hotel(1440 Ocean(hive)and the Carlton South Beach Hotel(1433 Collins Avenue)and the real property on which they are located,the real property is legally described in Exhibit"A"attached hereto and made a part hereof(collectively the"Hotel Property"), B. The right-of way of Ocean Court located between the Betsy Rosa South Beach Hotel and the Carlton South Beach Hotel as legally.described in Exhibit"B"attached hereto and made a part hereof, was dedicated by plat to Grantor as a public right of way; this dedication also includes the air rights over the Ocean Court right-of-way(the air rights over the Ocean Court right-of-way are referred to hereinafter as the"Easement Area"). C. The City's Historic Preservation Board ("HPB"), pursuant to HPB Ordet and Supplemental OrderNo, 7414, copies of which are attached hereto and made a part hereof as Exhibit "C",approved the installation by Grantee of an elevated pedestrian bridge,which varies in length from 20 feet 10-7/8 inches to 20 feet 11-1/4 inches,has a structural width of 8 feet 4-3/4 inches with a decorative cover that has a width of 30 feet 9-3/8 inches,and located a minimum of 19 feet above the surface of the Ocean Court right of way(that is,within the Easement Area),for the purpose of connecting the feint floor levels of the Betsy Ross South Beach Hotel and Carlton South Beach Hotel(the ':Pedestrian Bridge"). The Pedestrian Bridge shall not impede vehicular access through Ocean Court(up to the height of 19 feet above the surface of Ocean Court), Page 655 of 849 II Book30318/Page320 CFN#20160674389 Page 1 of 25 Ij II D. Grantor has agreed to giant.an easement to Orantee fbr the sole purpose of ingress, II egress, transport, installation, maintenance, and repair across, over and through the Easement Area,as may be required by Grantee In connection with its operation and use of the Pedestrian Bridge. E Grantee shall bear any and all costs of installation,maintenance,utilities,replacements, repairs, taxes, insurance and any and all other costs and expenses, including any necessary relocation or undergtouading desisting utilities in conflict with the Pedestrian Bridge, involved in its installation, operation and use of the Pedestrian Bridge (the "Operating Costa"). NOW,THEREFORE, in consideration of the sum of Ten Dollars($10.00)and other good and • valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: II 1. Recitals. The above recitals are true and correct and by this reference are Incorporated as if fully set forth herein, 2. Abort, Grantor hereby grants to Grantee, for the use and benefit of Grantee, its successors and assigns and its agents,employees and invitees,an easement over,across, and through the Easement Area solely for ingress, egress, transport, use, installation' operation, maintenance, replacement, and repair,of the Pedestrian Bridge. Hereafter, unless specified to thecontrary,use of the term`Pedestrian Bridge"shall Include the electrical and utility connections and associated equipment for proper operation of the • Pedestrian Bridge, including lighting and fire sprinkler systems, The surface of the Ocean Court right of waysubject to the Easement Area will at all times remain unobstructed for its continued use by Granter,and the public as a dedicated public right of way (which use shall include, without limitation, pedestrian and vehicular activity), Grantee shall exercise its easement rights hereunder without interfering with the continued use of Ocean Court right of way by Grantor and/or the public as a dedicated public right of way,including vehicular access up to a height of 19 feet above the surface of Ocean Court. 3. Meal,alley eentribetion. As further consideration and inducement for Grantor's grant of this Easement,Grantee shall pay to Grantor a contribution in the aamount of$240,000 to be paid in installments as follows:(1)$75,000 upon execution of this Agreement;(2) 582,500 within 12 months of execution of this Agreement;and(3)$82,500 within 30 months of execution of this Agreement or upon obtaining the Certificate of Occupancy for the Pedestrian Bridge,whichever occurs first. Said contribution shall be dedicated towards improving Ocean Court and creating a Green Alley,between the Hotel Property. 4, Maintenance. Grantee agrees to install, use, operate, maintain,repair and replace the Pedestrian Bridge, or necessary portions thereof, so that same is at all times in good working order and condition and free of material defects, subject only to occasional interruption of service due to(I)ordinary wear and tear and use thereof;(ii)routine or extraordinary maintenance,repair or replacement; or(Iii)events beyond the Grantee's Page 656 of 849 II Book30318/Page321 CFN#20160674389 Page 2 of 25 I , reasonable control. Grantee shall have the right to select the contractor(s)of its choice in cotmection with all aspects of installation,maintenance,repair, and replacement of the Pedestrian Bridge;provided,however,that all agreements with such contractor(s)shall be bona-fide,arms-length agreements for services at usual and customary rates and shall be subject to prior approval of Grantor, which approval shall not be unreasonably withheld. After completion of any work by Grantee,Grantee shall,at its sole cost and expense, immediately, with due diligence, restore the roadway surface of the Ocean Court right of way to the condition in which it existed immediately prior to the performance of such work(the cost of which shall be included in Operating Costs). Grantee shall bear any and all costs of installation,maintenance,utilities,replacements, repairs, taxes, insurance and any and all other costs and expenses, including any necessary relocation or undergrounding of existing utilities in conflict with the Pedestrian Bridge,involved in Cirantee's sole cost of installing,operating and using the Pedesltiara Bridge(the"Operating Costs"). The Grantor may maintain,repair and replace necessary potions of the surface of the Ocean Court right of way and/or utilities and other easements on,above or below the right of way,as it deems necessary,in its sole and reasonable discretion. In the event that the Pedestrian Bridge is damaged during any such maintenance, repair or replacement,the Granter shall work with the Grantee to make all necessary repairs to the Pedestrian Bridge at Grantor's sole expense.Grantee shall use best efforts to:(a)avoid causing any damage to or unreasonable interference with the Ocean Court right of way and Basement Area;and(b)minimize any disruption or inconvenience to Grantor and the public in their use•of Ocean Court as a dedicated public right of Way. S. )'avment Covenants. Grantee as the sole user of the Pedestrian Bridge shall be responsible for any and all Operating Costs of the Pedestrian Bridge. Grantor shall be responsible far any costs associated with damage to the Pedestrian Bridge resulting front the Grantor's maintenance,repair or replacement of portions of the Ocean Court right of way or utilities or other easements in the right of way. 6. Dan, The term of this Easement shall be perpetual unless terminated by the parties in a writing executed by both. This Easement shall not merge with any deed to the Hotel Property or any part thereof but shall survive for the term described herein. ?. ,Successors and Assigns. This Agreement shall bind,and the benefit thereof shall inure to the respective successors and assigns of the parties hereto. S. Limitation, It is the intention of the parties hereto that this Agreement shall be limited to and utilized for the purposes expressed herein and only for the benefit of the persons and properties named herein.The roadway surface of the Easement Area shall continue to be used for appropriate pedestrian and vehicular activity,except as necessary during times of installation,maintenance,repair or replacement of the Pedestrian Bridge by Grantee, or maintenance,repair or replacement of the surface of the Easement Area or Grantor's maintenance,repair or replacement of utilities or other casements in the Easement Area Page 657 of 849 • Book30318/Pege322 CFN#20160674389 Page 3 of 25 • by Grantor. Grantor shall not be responsible for the actions of Third-Parties not contracted by Grantor who may cause damage to the Pedestrian Bridge. 9. Jtdeannification. A. Grantee shall indenuufy and hold harmless Grantor, its officers and employees, from any costs,liabilities,elairua,losses,and damages(including,without limitation, reasonable attorneys' fees end disbursements at the trial level and all levels of appeal),whether suit is instituted or not,relating to death of or injury to persons,or loss of or damage to property, resulting from, arising out of or incurred in connection with the existence and use of the easement and the casement area by Grantee,and/or its officials employees,contractors,and agents;and including,but not limited to, any violation by the Grantee, and/or its officials, employees, contractors, and agents, of any laws, rules, regulations or ordinances regarding hazardous materials, hazardous wastes, hazardous substances, solid waste, or pollution,whether now Wining or hereafter.enacted or promulgated,as they may be amended from time to time("Enyimnmental Laws");any presence,release,or threat of release of hazardous materials, hazardous wastes, hazardous substances, solid waste or pollution at, upon,under, from or within the casement area by Grantee, and/or its officials,employees,contractors;and agents;the failure of Grantee,and/or its officials,employees,Contractors,and agents,to duly perform any obligations or actions required to be taken under any Environmental Laws (including, without limitation, the imposition by any governmental authority of any lien or so-called "super priority lien" upon the easement area); any clean-up costs; liability for personal injury or property damage or damage to the environment;and any fines, penalties,and punitive damages,or any fines or assessments incurred by or claimed against Grantor and arising out of the failure of Grantee, and/or its officials, employees, contractors, and agents, to comply with Environmental Laws in connection with the use of the easement and the easement area by Grantee,and/or its officials,employees,contractors,and agents. B. Grantee shell also,as part of the indemnification provided to Grantor pursuant to this Section 9,defend any and all claim asserted against Grantor resulting from, arising out of, or incurred in connection with the existence and/or use of the Easement and the Easement Area by Grantee, and/or its officials, employees, contractors, and agents. Grantee shall be entitled to select counsel of Grantee's choice to defend claim;provided however,that such counsel shall first be approved by Grantor's City Attorney,which approval shall not be unreasonably conditioned, withheld,or delayed;and,provided further,that the Grantor shall be permitted,at its cost and expense,to retain independent counsel to monitor the claim proceeding. The duty to defend set forth in this subsection shall be severable and independent from the indemnity obligations otherwise set forth in this Section 9,to the extent that if any other provisions and/or subsections of this Section 9 are deemed to be invalid and/or unreasonable,this duty to defend provision shall remain in lull force Page 658 of 849 ii � V Book30318/Page323 CEN#20160674389 Page 4 of 25 C. Notwithstanding anything contained in Section 9 to the contrary,Grantee shall not be obligated or liable to Grantor, or any third parties, for any costs, liabilities; expenses, losses, olaims or damages,with respect to third party claims resulting from the gross negligence, recklessness or willful misconduct of Cuter or its officials,employees,contractors,and agents. D. The indemnity an defense obligations Set forth in this Section 9 including,without limitation,the provisions of its subsections,shall survive the expiration of the Team or any termination of this Easement regarding any and all costs,liabilities,claims, losses, and damages(including,without limitation,reasonable attorneys'fees and disbursements at the trial level and all levels of appeal),whether salt is instituted or not, relating to death of or injury to persons, or loss of or damage to property, resulting from,arising out of,or incurred in connection with the existence and use of the Basement and the Easement Area by Grantee and/or its officials,employees, contractors,and/or agents.For purposes of example only and without limiting the generality of the foregoing,costs, liabilities,claims,losses and/or damages which are unknown or unwanted as of the date of the expiration of the Term or other Termination of the easement could include but not be limited to,latent construction defects and/or environmental remediation claims. 10. Default, �I A, pefault by Grantee. In the event of a default by Grantee in the maintenance, operation or repair of the Pedestrian Bridge,Grantor shall give written notice to Grantee,specifying the nature of such default. Grantee shall have a period of ten (10)days following receipt of said notice in which to remedy the default(or such longer time as may be necessary and reasonable, provided Grantee shall have commenced a cute within said 10-day pealed and is diligently and continuously prosecuting same): thiling which Grantor shall have the right to enter upon the Easement Area, for the limited purpose of effecting the required repair or maintenance of the Pedestrian Bridge, Notwithstanding the foregoing,if the default is of such a nature that an emergency situation arises constituting an unsafe or unsanitary condition.the period for cute of such default shall be accelerated to a period of time which is reasonable in light of the nature of the emergency. All costs incident to curing a default by the Grantee under this subsection A shall be the sole responsibility and obligation of,and accordingly,shall be borne by,the Grantee. B. Default by Grantor, In the event of a default by Grantor in the repair of the Pedestrian Bridge resulting from damage caused by Grantor to the Pedestrian Bridge pursuant to Grantor's activities under Section 4 hereof,Grantee shall give written notice to Grantor,specifying the nature of such default.Grantor shall have a period often(l01 days following receipt of said notice in which to remedy the Page 659 of 849 II prosecuting same), felling which Grantee shall have the right to effectuate the required repair of the Pedestrian Bridge. Notwithstanding the foregoing, if the default is of such a nature that an emergency situation arises constituting an j II Book30318/Page324 CFN#20160674389 Page 5 of 25 unsafe or unsanitary condition, the period for cure of such default shall be accelerated to be a period of time which is reasonable in light of the nature of the emergency.All coats incident to repair of the Pedestrian Bridge shall be borne by the Orator. 1 I. Enforcement. in the event ft becomes neceasaty for any party to defend or institute legal proceedings as a result of the material failure of either party to comply with the tams, • covenants and conditions of this Agreement,the prevailing party In such litigation shall recover from the other party all costs and expenses incurred or expended in connection therewith,including,without limitation,reasonable attorney's fees and costs,at all levels. 12. Venue and Jurisdction, This Agreement shell begoverned and construed in all respects in accordance with the laws of the State of Florida,without regard to its conflict of law's provisions. Luther, all parties hereto agree to avail themselves of an submit to the personal.jurisdiction of the Courts of the State of Florida in Miami-Dade County. 13. Intenntame No provision of this Agreement will be interpreted in favor of,or against, any of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. 14. Counterparts, This Agreement may be executed in any number of counterparts,each of which shall be deemed an original and all of which, taken together, shall constitute a single document 15. Notices, All notices,demands,requests or other contmunicatiorls required or permitted to be given hereunder shall be deemed delivered and received upon actual receipt or refusal to receive same,and shall be made by United States certified or registered mail, return receipt re4uestnd or by'hand delivery, and shalt be addressed to the respective parties at the addresses set forth in the preamble to this Agreement. 16. gptire Agreement, This Agreement constitutes the entire agreement between the parties hereto relating lin any manner to the subject matter of this Agreement No prior agreement or understanding pertaining to seine shall be valid or of any force or effect, and the covenants and agreements herein contained cannot be altered, changed or supplemented except in writing a signed by the parties hereto. 17. Severability. If any clause or provision of this Agreement Is deemed illegal,invalid or unenforceable under present or future laws eftbotive during the term hereof, then the �r at.. ..r AL.......s...t....c rtr. A...ur..:w.►e1..,11..n,Sen a4Fanfarl+ruiralw oral shall h Page 660 of 849 i'. Book303181Page325 CFN#20160674389 Page 6 of 25 IN WITNESS WHEREOF,the parties hemeto have executed this Easement as of the date first set forth above. SIGNATURE PAGES TO FOLLOW Page 661 of 849 • II' II' • it Book30318/Page326 CFN#20160674389 Page 7 of 25 • WITNESSES: GRANTOR: II CITY OF MIAMI : '410A, A municipal .,491..191",y;',"/ the State of Florida >, .�, Y any: Sign Name:P ,. ' `n K, /0,41, Title: Print Name 1 APPROVED AS TO rFORM&LANGUAGE �" - &FOR EXECUT.• Sign QnckU.Catwr^ �A : !/ Print Name •407- miaow ATTEST: • By: 'r It i b Name:Rafael E.Oranado Title: City Clerk STATE 012 FLORIDA ) COUNTY OF MIAMIDADE The foregoing instrument was acknowledged before me this , I , day of w6lr' ,2016,byLevine,as Mayor,and Rafael E.Grenade,as ity Clerk ,of the CITYOF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of such municipal corporation.' They are personally known to me or produced valid Florida driver's licenses as Identification. Notary Public,State of Florida My commission expires: Page 662 of 849 { iI a(•:•:1? lawrmii.71A II 11 1 d h i Book30318/Page327 CFN#20160674389 Page 8 of 25 WITNESSES: -- d 1 BETSY's =' OWNER,. LLC, J Dol 'r!fR_. , ,,,:+:ramme� + '' Sin Nam Y`'la' .. �L_. • Title: a . glid‘i/e21 Pr4tt Si Punt Name 1 1 4,.. Win PAO;UN of Plieii STATE OF FLORIDA •• eftilYn No COUNTY OF MIAMI.RADE ) I The foregoing . .eat was - .,p wiedged before me this ate day► of 2016,by ,%es __'i. .L.e., as 01i4ld of B TSY ROSS OWNER,FA—C.a Delaware ', ' . liability company. He is personally known to me or produced valid Florida drivetalicenses as identification. Atiltib --___ N or Florida Notary c, My commission expires: 03140; Page 663 of 849 • • Book30318/Page328 CFN#20160674389 Page 9 of 25 0....si.0 ... , i I :•-•. '4SotriP*93fifemk...vrww--•••-zzyziraitx•toaairr-ek•-•,4,emnuiptaaspyrow•-•-•-r.itiimai ,.:1"•'.n'.),•„.: • , "' • • 7:,:; 0 •• M. • N , F `. . • / , •.„, 1- •.*•••4 1:f "•'• 4 'll '.. • ; •A • ~VW" • .,. • 14V.•f•- - • • MX EnClinga* AT.'..,...4 . .M,:•:: , , •, • . . 'tri_:mt.,,•• . 1 ., IS el*-.,...IT*titgAlar4=4044/614.4 OW it . MS W.,' , •. 411141101116 ma ,"... i. -NI:•,1- etratit„ tpt.t- '• •,... ,.:.• •• • iftglk ,6 at ...,i ':-..e :1• , 1 ......•,, volt, ,,, -., • • • 0, -, ,,;;;-_,.-,,, r••;:::'.,;%, ,,-,:. .,.,,, *oil 1 • e ' .14411. ii4 Ytair '.: •••' ktif ' MIK Nide. itfah st•.,,b.. ow • I,m 54100.44•VA__•640....i• • •--' .-.••• • • %VW Nalgtlit•~11414611 - • ., , t F4Ceg&mmi • i;5%'4..f..47,.°.•,,•„:,0..'•' '.... TA V 1 .".• SO.:'';',:.%. '4',_ki, ,, 1 , • 144041011L.i 11-,•''' '‘'.5. ;•,141„• 1'•2 kif ' 11:14 7 • ' 'WM ' " ''"i itk• . ',.., ..elomfriliflowitiOn, •-•... , ,•••NI*. . : agketkitto-,41.. ,:-•'pi : •.. , • • • . • Lot 1,lass*a North 13 fort and Lot 2,in Mock 1,„of OCEAN B.13ACH 1 , ! ADDMON NO.2,mooradlosi to tio PIA tberso4 es worded ht Pkt Book 2,at • k : Pago(a)36,of ibo Pubtio Roods offottaml•Dado CowPad& f i 1 if e .. . ,. e • (. .. • . • .. i .— •s.4 • I . 1 . • . ..4 Page 664 of 849 11 ..: d y ,- , I Book30318/Page329 CFN#20160674389 • Page 10 of 25 EXHIBIT 3 A COUSINS SURVEYORS & ASSOCIATES. INC, (MST"iall'.7341'14 3o9A21 sw �' SUITE loll CUBIT ,4 V �� Aft�TION:IS JI 1446 ��1� PEW(04�1n! So CAU(�M -7721 THE OM=TO/EACH , LAND DESCRIPTION AND SKETCH Zii \l A PORTION OF SECTION 34 r mp) TOWNSHIP 33 SOUTH RANGE 42 EAST b i Mhatl iiinpla: Wale • .�,.. a 4V I .Unmoor Mg' OMP s Oleo* . Page 665 of 849 ISI --- - it . I III • it LOCATION MAP l NOT TO SCALE .111ilillillnl NMI GIS 117;11 I LAND CfSCWPTIAN —'-r-OUL". eYfMlll =I 6=. M"/ a sDIETTai FoR les L,1 X71 rMINIIII=1111.110111111A1 MINN MUM_51X'7 RIOHT-OF YMY scAL�:HAM Mr IrM1M A DCNTS (C , MIN NM . - � .tSUM 1 Of 3 Book30318/Page330 CFN#20160674389 Page 11 of 25 III e COUSINS SURVEYORS & ASSOCIATES, INC. i______,....._1( Mwl�x u1- 714 it 3121 Siv 47Th WOVE.SIMToil �� • ANL Mgt 110160A W14 :Ili =MAN Of NTHTNdMON 1 L8/1440 , THE ecru miniOEACN 3 NOME 06.4)/81-7718 FAX 0$4)ill.-Ing WTD DESCRIPTION AND SKETCH LAND O€ElMi f A FORPO5I Or THAT 20 lOOT oft MO MIDIN KAPERCcf.Ps 60:060ED IM AU I1 -06c01ITACK MOM so,r. Ili • AMMO; NWS!-OJ�OL OONnr IWO.I F i AAs 11 WC rOOUbl$ 114 Now�lOD9AOS iXA1 3►ACCW HMO AA WWII Cf 2444 FCk1(LOWF1!1641119._18UI CUVATof 440.51 Far (tMrllt l! i1 tM7N HOKIONiA4(MIS us ofrogo OF 115!vomm OITCNFION OF 7112 IO(WAuI0 COWOIR AT Ilit NOOTWAST OM of IAT 10.Of US KW IN nom soar Wine WI mg 110;KW Kw of MAY INCOF IO FOOT ALLA A Wawa of WS ma to FM Molt of fAIDO2Oio Am A 10011 OM A w• 0414 MOW TO 1150 SOYIIIITTR , UM oogniusitm.Y Atm I A%O SCNOY11.42 TAt lac or iotarill iiiTO A POSIT ON THE UMW prRacpuS CI to Mt.Aink Or Y Or sA�]A roof Atm col A=pp orsoW tMrAyf/41416 T OOe1 MY CPC onrAin Of OA VW 10 A MT 1151500 SUfloes IXIX MONO 1551 AM Or SIO SCM KAYON A TA0012 Of 10 flit A 1511TA11. ANC{[aF'poor0r AND Al ASC OISTAICO Or 31.42 FRT 10 A MIT oil 11L MOULT MOT Cr KAY LMCOrs'C1orOPTAAP Ma oormt ono*VAST AMONG MOD SWIW.Y 11151.4 py1ANCL OF 1s.FO 01C 10 SW Kw ow Afo,CKCN11o1R9 Li,1VATIWa As OM LW liC mini MIOSCM MCA OATId Of 1w . 010014 SW Wm AMO We IIOIS T04(71511 MTN 1110 4:o1711t7 AV Of*1ANOR 0011.[11551 - • ■OHT-O-WAY NIO AM MOS F ISCICT. . WO IAHO31#IMTL Woo AND Ion W 11511/OAOO COUKIY.005511. Page 666 of 849 , II ' i. MO MOWN MDR WIRI NOV��fOR aNty-Qr-WAY, . torr 11x3.O .OR Olid Or 3. OATH SWIM MOON Doti Mor 0:440101t A mun sumo AS sum. I 4. WE tFAo CIUMPNAN PORN IOW Wk$WIND IT TRE SURVIVOR. !k 5. WAAWOS SHOW Mail RS ASSOIR. CERTIFIED TOT THE CITY OF MIAMI BEACH " • 1 2riTIF1 tNAs.iK A71AC1RO EAto o12CN/NII AAAI Tr IS 1 1AIK MD COIdOGT TO INE par OI YY qpm maw: r v tf runic vomit MT MOORS MY.2115.I rrIIr.GI CO MAT 7M16 �x 1 SfAns Co4[.Il11IM TO 1 EEO MEA N arm Arm Y'ME CUAIYICATt I 1 TDA TR nisi,In•-.---•--•...---- •—^----_W_Y..- LAND DESCRIIrTIDIt CERTIFICATION . rtslp�SUMMON ARO�MOM ', • REYISICNB DATA r11l110 On _Elm' LANG OCSCRIP1rnN root waais 1 a WO Ku IIMPI UM "10�,.« AP —.11° & SNEvCH ►OroilC Nulna33 AYRAK ,nj wagons a,,.a+A nhW * , 101 am RIONT=0c-WAY ARO AIR L STALE:N/A.. ). W RIGHTS EASEMENT C SNEEf 2 or 1 Book30318/Page331 CFN#20160674389 Page 12 of 25 • COUSINS SURVEYORS & ASSOCIATES, INC: L HUME"H' E T 7341-14I. • SO21 SW 47TH 4010-7100YUNOE,SINK 1011 .I314 CLOW I • ,lOF u 454} +/70719 1ME OEM SOWN KEW PWINE. a rf�1 LAND DESCRIPTION AND SKETCH • I MIL/ :...,_..1 or/ 101 AristV soi" -�� teamINKLIOi I i " ,, «Ma„ 1` ill *•$h k I i,i a$ ' . / a toy Atm it • . itIh r<� ' Mops ' .. n It , 9 lb4 .t I4 Page 667 of 849 ! ' 8 J JI I , i► • . d4; , -,..�_. -_-__-. . u 6. {LQ11Pe zf ~ max 1/ la OD Motto Ott i N • EPO MO ied al.PAU MX KIM 411'deitiomor PAL NMI WI , POI Mr OF IWINAAM ; i i SKETCH TO ACCOMPANY LAND DESCRIPTION Rivisloils .DATE rn)grOWN ..Ctn' LIlIw DESCRIPTION ``" < • ' a ma wtWiti r NMI nhsnll -..•- AY 0 A SKETCH FOR liar MUMS MK mall to"sank aF,/ii -- la to RIO3IT—U'-WAY AND AIR CSCAtG 1,, 10' S INCHES EASEMENT fSAEET 3 Or 3 ) • Book30318/Page332 CFN#20160674389 Page 13 of 25 I ' EXHIBIT 1 lI�UMuIIlw+�a�IIII1111111I , or ...' 0' 27_ 14 OR '• f, r -1 .x/1 HISTORIC PNE5ERVAIT6N i90ARD HARyMY; , Cky d 13brn1 l9aell,Florida MiillllEE r t` • I I 1 MEETING DATEIxt1W: P/ 11,2014 UripIMH/N i N� ,id• imp. 1 PILE NO: 1414 • _ ~ 1 i �r ll?-Rory - I PROPPA Y: 1440 Ocean Dna 6 ) % I ' 1483 Collins Ave •--yl7�,,+4-re`tSc: Page 668 of 849 it ' II , it,'wormy w ere mu WIRD, � � , wmwS. ,v w vn iw,ll re*AV . o,p+q the pubMo remade otMiattt Dsse malty,Florid& • ' II Boots 10&% 10,Block 11,Cow Beach,Pia,AddiUbn No,2, to Averting ' the Phi'thereof,ea Rebottled in Flat Book 2,Page 60,of the P Ramtde of Mlnm ado County,florlde. • IN RE TCedilla*eatfon for a Cedillcof for the parttal derwrotltaf,renovation and restoration of the Meths$41100 Carton Hotel Incited,at 1435 Col3wa Avenue,Indud6rp the construction of a new 1- j story dmuhd Wel addition loafed at the north Also(the property,a new ' i 4-story gra3ard level addition Iodated at the oath side of the pro and - • e new 1�ryroa�addNton. ,the apploant le ng to wooing a pedsithrh pie he Calton Motet and .�Y II Hotel,at the third lev i., The neww dto poisd to be . located above the pub%alleyway.. to.Eh* ar of the Betsy Hotel located at 1440 Drive ere Umked to the pede.4tan bridge • end slay improvements, . OMB • The applicants,Betsy Ross Owner,U.0 and Coeatt Coad,U.C,And an adpUaa � ' Chy of Miami Beach filming Departmentfaa Certificate erAgpfcpthtsnees• The City of Mem!Beath Met tic pre/ewadon Board mates the followbsg FiNDIN e 4' ' Ili Weed upon the evidence,hdormatfon,t4attnO y tend metertate presented et the- . . and whtah are part o!Bre peeoMtor Iva matter:• 4. , r 1 1 Book303181Page333 CFN#20160674389 Page 14 of 25 , . .PAr002of8 ., . .... ..... r HPB File No,7414 ' Waring Date;February 11,2014 A. The etntotteea ere daselAsd as 'Canbibufrrg' in the PMImI Besot Hletmb Prop.dlee Dt ehiset d are Waled Wein the Ocean Drive/Codas MonoLocal Historic District B. Bated on the plans and docti mant/ submitted wilt the eppllcation, teetmonY end Information provided by the epotat ot,and the reword set forth In the Ptamtnd Department • graft Repel, the protect as submitted le not ,00nsidsnt with the Certificate of Appropdateren Criteria'e'In seolID 113.5e4(e)(1)of the M►emt Beach Code, le'not consistent with certtilaats of Approprfateneae Crteda'a'6'd In 6sdlon 113.8B4(40)of the' Mi nwt Beady Code,I.not cenelderautth Certrroatu of Appropriateneee Criteria le 'g'&i' In seoden 116454 0of the Herat Beach Code,and le oonelst.et with, Cad fllcsfe of ' Appropriatsnses Ott fa DamoNlon in Bacton 118464 OM)of the moll Beedn Coda, C. The projectwotld be consistent wth the Wade mid requk.mente of notion 116 664 lithe Page 669 of 849 I I t II d it by etal$,at a mfn?nwm,won OWNS arrow mooiporwe me tonwnr : o, The design for the west elevation of proposed 4-story aouthwost addition,shall be II Whet developed and Woad,in a hicrrmer"to be reviewed and approved the Board. . • b. The design, details, and finish Materiel for the popped brtdrie element oaoneotng the Carrion Hotel with the Beteg Hotel shell be Other developed and ; , *Meed,le a member to be ru*we d and approved by the Board. j . o. The west elevation of the CaNQn Hotel,WI/min either owner element*end front porch, shah be fully reetoted, in a manner tondsma with avihble historical : i it documentation,In a marmot to be tevlevied and approved by!teff oorilalset with , ! II the CertMcate or Apptnprtetenoce Criteria andforthe direction front the Board. d. The proposed pwmahant awnittito iaoatedton the west elevation of the Canton Hotel shalt not be panni!ted. The bikini eyebrow futures located to the elder of the entrance shalt be reoor»tnuded, amoMnp to evolabte hlutoftaal II :, documentation and may be riomeWhat linda#40 In depth In a meaner to be • evl.wed and approved by etetf ootnMaM At the Certitiode of Appropriateness 11 . • •tip a diroationoftom the Board. • ;.4 lr... a"P III K .. 7.. . Hotel abbll be fly restored In accordance y :'' -laiis end all odgtnel matettda shed be retrained .1t , •red,In a manner to b! �pprnved by doff cohalalOnt with :;; , . dfpppropdaleneas?MINK Horn thee . . : ;. ti „ f it '' r trashes end tnateNalrl•shall ,r� 4 y. pelelll.ol � emboli a , ,•err fc be treed by!tall patn*snt wtlh. d•10� .1 ; ,� the Bosfd,' • ;� •issuance on a buddinpermit."• or � d "frem'.. ,\ it Book30318/Page334 CFN#20160674389 Page 15 of 25 p sore _ . :. H—HMIe No,7414 Riveting Date;Date;February 11,2014 • g. Mamtfaoturero attiontie and bade County epprav*I numbs.far all new windows,doom sad gime sped be mauired and all new prop/mod wirtda*shall subetantlaity match di origrns And,*oa tui Ione,to%mannerto be reviewed and approvedetae In a manner to be reviewed end approved by staff oonsir+tent atlh the csrtifcata of Apptoplduie vise Criteria andlof the dhectione ilbm the Beard. h. The final deign bred details of all exterior tghtng+hell bo provided,in a manner . to be reviewed and approved by staff carrssiset with the oerefloste of Approp inial ass Crted,d sn lar the dtreobons from the Board,interior ilohltng .I:.n 1....1.1.1,...4 Is a nunnv 1n real hive en salmon omNlhehntne insect uaon Page 670 of 849 6178 JO 1.L9 abed pujuria to mem sup 0t Aopd Av umili Alia Per Aof0s01 !bald an ddde 04 in Mpg Qin Act pagutspi team Of.tilteltpurgeonammdmIkmg ay. ualloolwart71uu°deulf>�tiA01 wru Iral00 8i10e11d 44}1q PohoWddr aMMd 060111 Pur uefd s11'"att�d Aoo)f 'auequeele sta iliim1001410400.1100,50 041 t>•q1' U )101610%11•1010 • t ' 100101d 019 401 p+tPm 4111 Vial0d0 00 Jd 0100 100 I 10 ecuatill all 0).10141 . 1 1 • PIoz.14 t sn1q d c51sa eUfl WI 1/1V.'0N t3cIF1 . gZ JO 91. 86ed 68E1L9091.0Z#Nd0 9EEaBEd/86E0E)ioo9 wp etoq 4f t ����'► a+tof�nryPa gJlr�l esstrslepd0tddtl. ?•'" all MO 1W{41' » Aq peAaIdd•pus 04 01161IUe U e 4 rr of Pee 0A°041 uo p41re1P14 A11rsp eq If:e1 m a 41111141 uwtl , ad Pu4f tM paUUnsi Stn 4018,NO P isieelleMeaq Mow As J0 ucli100l'euJ. 'MOM,XI kegs r e(431204 eete(U5 Aa*ML Pe4nbat alee e1410 pej U*1ad eq 104 N811°'eaegtty Pee ee01eep Pa410 11 '004.001 lllts,A pue avauuo.yluIJlsu 4 40)15:Loot 3(nii1400,11010414.10.4' 9d0o 115 A ueo I rexo apd&plfee a 10 voum5Ql sot 0;Ma wed u0f atuvPupsomas! e4101416111 0Ped00 00117111!R1 Aq PaNdthli lama tun utOJJ suogotu p e tp Ao1Pu0 e110410 eeeqaPilatenf 10 Q1001113 *11 411M 11401$101(00 'lJep 4 poem eq oesuu.au s I '0e011ppe d01100f 04 1041 J+0 u0110ml2U00 JP Po aultnP 410c1Pmeautl 01 00P011 two 00m V9?Re 0110114041i0 APS0101Pur @1R01 � °r 010*4i�0110004Pv p W 10111 °,ie WPM*Amu etq 10 0000.u! 0y'• aloPoillow 041 su t tA' 111inq 01101$14°4110 41000111(1010pus'Cul0w4 asgd 441 AQJ 1p1;01d JO 01019 sIR ul P°1g1'le°I aewf*uo 100442 s i1q MINA 10d41 PIMP%age=v PCP P40 tiltiCtdde 541 'N ieda tq-pOU1uwtap aq 6l uopV►f B '010100g1 o101014 aft$0 we ellVid sip 400 NNWWag1Ve1d Weq i " limo*Man WW1 Mina ousdnxi a ieo hux dutej,ti to kua yo vtallaa0 e JO 9autnesf 0101 1!.'40 Aq Panblddr Per 01 P41)1tugee olf 11440'sutp AsnO can o seffuvlp sfl pdb1M1 IU 4 l0°1A!0 uoffnlana f I pus A1o1'Pf 4uf to u P Per Pl� d■to°s!m�ul'I ftpo 1010H OP* NM*mil 10 6101P PUS.U SJE 0P01,0 11 wnsmw v f lehoAAde plaof3,0l s4nba Batu 111a0U ma Aq p0a0u4d4 suaid s p uo 0Mo4a lou duiuveat Jo 0504110n4v''U01Vdfn►w 10011.11140010do4as• J ttuy wcat,0110110111111 r<i► a 0403 eiSeeleigked4V aeleegilie3 a414if A Seleilelee'1111 Aq WW1.,PI PWIIWAI eq 01 tsuueut v el't way Peuao=sq 1[r>4:pktt$0.9momb g0gatti0fs puo mid 100 pes ai 0 uo pslou II 1 II uto wua u..nnwwl wn w.nnpv.n.►4!n.+l'•+*9•^. .w""'•^'••'""'•••^'�TI'•�•••�_� . 1 stet,the epodes type,quandly,d monelaw,epecbre,focaUgm oh and overall he of ell plant matiVal shalt be teeny d gnmat®d and inked to the MOM and approvel of staff. 1 II, At a mfntmum,ouch plan shell incorporate thcf lO*ing . IL The following conditions shall not supersede the Fladda Department of 7ranepcdeUc r plans rimmed end currently under conetructlon for Wine • Avenue pun Sit(greet to Lincoln Road. j 1 b. Street fere shell be regWpd aloha DORI Avenue,{aced with a mtnlmutn 88' ( II cleat space between the tree hunk and the beck of curb.In a manner to be revisited end approved by ntt11 cotrbtel►1 with the CerUftoote of Appfopfatst$sa . _ Melte andi*orthe dlrectlotw from the beard, 0. Silva Celle In tree Ails,wnh the Day 8batdsrd Weak and white bound eibileCieb3 r darn and fatiNteation bench,Irrigation.sotto(2)up•llgres per City etande/di, i ;� dial be required for ell sheet and dale trees,M a Manner to be reviewed yard ; a�F teb eytaaaka consistent s ,the Cerfilcate of A,pproptlatenese Marie d. The udtizetton of root borders andfor Silva Cella,as applicable,doll be cberiy del{nagfed on the revised landscape ptrsr, • do e. Aeannuor In ac�errttoirreende Ute system InoWorn votth perative ll the event coverage;Tand of�tlght,•o�f- way near N>a9 also be Incorporated ac part cf the irrigation system, i L The applicant Mail verity,prior to the Wormed of a adding Permit,Um exact 1 location of at Wallow prevention devtvee. egddlow prevention devices shall t I not be Padded within my NOM!yard a area boring r street or t atdswallr+ Woo of eiwlue permitted by the Land Development Reeuladone. . The location of ell beokfow prevention devices,and haw they are screened from the tight-okay,shag be clearly b>dlos od on the site and two:lo s .,_,;..-„5:,,?;- ' • .shalt be subject to the review and approval of stet The Bre ik•ff.'71' ' . strap require a post indicator valve(PM v ible end accessible from, , • I . • Book30318/Page336 CFN#20160674389 Page 17 of 25 • 1 •I ! Pins .w_ HPO File No.1414 r • Meeting Date:February 11,2814 ! . • g. The Weird sited Veil%Oar to to kraus:ice of a itllldlro Permit,the deal i . iocitiori of alt posMndlcatorv+k►as(Piv�, re vnt-oonn6rdoha(FDC)and all other related ddtoes and Mures,Mob dal be clearly kidicat !on the eite • and l ndewpe pans, in a mannef to be reviewed end approved by staff •. conelstent wttrr the Cerdlicate of ApprapdntenW Crlbde and/or the directions 6.,w.r.Chord • Page 672 of 849 it II II it iI neat rooms,and a Fother 7eited dovlar end lbdulss,shall not he peumKtod 1 ' • tatthTn any ,q�ttrod yard or any Ores f a+iuref or skfervslk.7tH,location of ii any afdariorm bn►�ornwh Ord how they are weaned Niter hrndeospa meterlal from the dant•oWMy,WWI be Weedy Indicated on the site and Weal*plans • ; ` ' of AAp uietenees reviewed nnddkr the ttom the Bderdd.approved by deft consistent alit the t7adnoets d II • I. Prior to the Issuance of et Cetdilarte Of Occupancy,the Landscape MChttaot for 1 the Project WOW AIR verify,In writing,that thefa oonaletent with the cite and landecepe play approwd'by the Planh�partment for Building • Feet 4. AN bu ll lny atonage,with the eaoepffon of hfotorlo apt tpe,dish be composed of Ptah mounted,nonfleedo,tndhrldual letters and she*require a aepace:e p 6. The Owl exterior surface•color scheme,induct i cake samples,ehall be tabled to the j l_ review and sppraval of stir and chip requMe a*epode f>Onntt. I S. A traffic mkigetton plan, which addressee alt roadway Level of Redo° (LOs)� { I deficiencies relative to the concurrency mgtdremerds of the Cls Coda,If required,ehali i II be submitted prior to the issuance of a Butkllnp Permit end the fine!building plans shell f tweet ell other requirements of the Lund Development Repletion*of the Orly Oode. , 7. All new end Meted elements,spates and aloe/LW)meet the requlromsrtt®d the ( ` I Florida kceeellififty Code(FAC). 8. A traffics makgation Plan, *lab eddneasoe ell rwdwey Level of 6eMoe (L daftabrrcf$e Waft to the conarmncy requirement*cf the City Code,if required,e ' be submitted prior to the issuance of a Budding Peen*and baring building plans shall meet all other requirements of the Lend Development Reaulettone of the dry Code, and areas WWI meet the requtremente of the I. 0. Floriidb Aeaee�ii�C C). f I 10. The fact shall campy with any Isndeoapitug Clother a)d�►wlklstrdet�i I t project d Urban kM or ,.,•••.;', - 0 t conflation ortp as f the smith.prescribed I suuaance of s Der of ocou r . • .1° i1. •The s ppcetd may be regulrad to submit A abpareie sncNsla for { requhemente,ret the dleorstlon of Bre Patio Wotfo 'Meow,Of dMtgnse iji� ' Ii Book30318/Page337 CFN#20180674389 Page 18 of 25 par ,ti of A .....�... .,. HPB Rle t4 .7414 Meeting Date:February 11,204 • t vod the;toper*projerx,the fblowb g may be required by the Patina Page 673 of 849 � deflolenoiee relate,to the concurrent,/requBernante o1 the City Code, ind and . shall be a prior to the las rote of a Bulling PemT'rhlt. o tins holldato plans WWI mat SU other requkemenle of the land Developmefd • Regulations of the Clly Cesde.The dstiNopsr shell afar tots most recent ally of ealantl Bled*Troldo and Nelehborhood irrmset Methodotady as leaned'by the Palo Works lretn,aret• it b. Removelteplaoe nidewalle, curbs and fi&Us on W storest fttxtlsgos, If 1 aurMsoe specified, tthb �odor for d try etdaw'to scurb gray, o. Mtaheeurt;ae mph*to rear day along propetb,if applicable. • d. Provfar underground utllmty astvlaq 4wstneiibtti and on•ette transformer location, • l' . . If necaas iy1 ' e, Provide baelr•flow pevverttloh devbet♦'on al warm earldom, , t Ptavldb on•alie, self oordabsad ;tam water dminepe for the preposed _ ' devWopment. 1 fl• Meet waterl r°ent rtaitoy raquirattents including a hydraullb water model esndysfa area gravity ;ewer ey tem septa,►aredYldo a detosrrslssed by the Depeibnent and he muffed upgrades to water end sewer mates e.tvtthp this . ereled h. Payment o1 CAr ufluty Impart fees fora/ger ntdere/eervloetr. • • L Provide flood barrier mope to undegtround pain or ndninttrn ebb etevatlon to be et htphaet adjacent etrawn mod elevation plus 8'', j, R1llM.of ay peak must be obtained from PubKo Woke. • , • k. Ail right-of-way ehomeohrrieMe.must be removed, i 1 I. All plantittallandsdeptop In the prdtilo rtphl,key ileo be approved by the Arble ; Wcdw end Pmt Dspsttmete. 1Z Satlala eon of p4 conditions Is required for the Miming Depuinsnt to,;{r•.:`� i Coaled*+lCoaled*of lk�pseney,a 7et»en anpy CetfJOudd of•..f•,),'',' , PaPettiti CayAoaN of Oacupeley stay also be cont +tty , len • Departmental approval • 1111.-- i,.,,/ • Book303181Page338 CFN#24160674389 Page 19 of 25 1 r 0. a a 0 • ,. ..._ ? °fNo,MU' • Meetihd Date:February 11,2014 • ' . Page 674 of 849 617910 9L9 abed OLbt'°N okl&IN • 810 B old 494E fad C4e6Z�1{ � • 9Z 10 0Z e6ed 68EiL90960Z#Nd3 6£Ea6ed/86£OE>I008 • 'PIa"pm pnu ow0oa9 Pun NNn osua101td014410 0P016103 'ab ja "+ *;: 011°101*a0PP10000 ul luoP04104 pa Pba141W►'OUP41400 you 40110314=1 t wu u xea5i1P1114 Ate 40.1.Alto MINS A ' Hood riulDtla9 Illi 64111 'P401I Aub Ntftl aw00e4 Pun 0 IIM as gspdalddy ti y�' 4 ofd '11Alu.fl urn aoplic idwd4V p f13IIIU 3 (OUIaI1Q 4�14M .. . ` 1014WOW U6)i 071410 u11p(M Patt,tat lau of�e10+d 10J 33uiiod ulA„ 4 a41 N 'japto fNp ul 1441a.eucygp00 ey140 ainpro00e ui PPM 7>no9 ryl dq peealdde told 041411M 411 PP Plod a0J 1U0u40Pea •ill Ol PemWgne amid ail'Oiled Wgpgnq ' u 6ulpanbW uo 'Po1Inbei tau al tom paddNOpuay 11041114)ueow.pu IGoO leAetddde ' a141'weld 3�WVO8 W1 U* lou at lee=a t I 010nbepe JI'leealdde OUP" 'NoelPul!Aqua Mg,AVM X00 1,11191031 P044bal Jo41O ilo Out u lueagd o 019 OMJOJ jou NO nitigtoPdatddVP'3801&104),Hl j0 aouanaal 04J. 10111 um rne4'aapJO I Iota)0118 16101 M?e ioOOopgN fl 10Jtd Paltapa+eq 30ntu 1041 Imelda ie aueq ue° PPm Pu0 paNh penal al Aro yw1el(DOWN ON MWO IgOLi OIN1W NION lIo lOOMP000 041 qw1 03U5Pi0oou W Pai>iPOW+7!000 043 Al a weld 041 43 M 1uoj1N1p0 9A sew • iiuuad JOi lutaulmcbtl BuIPPEIe of aetNayta maid al'Jiuuad Ou{p p q e Oup1Onb01 twgM 'attain ASl5A'ealeteeeeV +ue 49 paw '1010H UOt11eQ 71141i 4 040113,P as 14,00 44110v eerd q o'n1 041+q1 A 041433*Gmaimu00 q. itana puna 0040 1ueOudde aa'a0Aol1d waft a14luwKdde 043 4014M Ol *MN toN W 814 'ION )Pad 1a I9ulpuW ail 10 0 4dateeled ul 12414060_0W100 Ipu00 U103100 4901.11 0)1D0i4O+ Pe AOga Mai c]i3.I.1ffl1D almelle00 0i*OWWa wl ioril'P>soH 041 Mom.UID IOO 4014M+auOPapuwrrulos u 11e11 019 OUpnloU 'u{wlq P0/4613. ue 49A ' Rue %3003 13os ayl pua 'mew *Mie BOJ pa001041 io!red ate ellged 141 ie pswerald umpemu pub LOOwipO% • 'u0pawlolut'e0uepy, IMPl31110%Ouioeami*tit UOdnPeon'Gaa30110AMISH eIli .49vO4119 043 UI113104 to papal'.101uouta4nbal fox JO uograisi I ogleaou 'Mel ggtalidde map 10 OM 40 0840 laokeJA iciamlotipra10114 ett4 ut 4400N '01 lagriess pUP iaa'oW uI ae®aaume pts pue'aufeiedo'ammo • 10dald eto 'Weoitdds etp ItO du{pulq all 010414 tlewdde la auOq IplaO,rya, '91 "Ill*SIPmetlStueaaduga OAP=OW!41Wai01100WW o100.140a 119 J01pue'u011pro010 UO111/0d uf1001110 fill w0o4Q ilmagda 104 6110*0 all emu,Jo g tag c4esI uoplu0p0lttaol lO1 p1e03 e41 a}petimpurq me Pepto 041'uOpotp 1111; gndwoa 1011no0'ttq uof000p p+u I ui awopr413 000an a0 WoA Pletl s{PAM u001a000 JO wound ku a bub'f10111OAe*MU alma teuM 0111. Yl II • 1 • t in aowresnoe WA t3eauo11 111;4;07 of me 1.;0/c7ooe,me vioMenvn or wry comma ens • I agtepusrds that are a pout of Mk Order steel be deemed a vtoirdion of the lend development • replitetlons of the oft/Cads, MOM to comply with this Odor shat subject this Ce tiMcete of Aprapdsteneoe o Beotion 1186G4,City Code,for or mo ion of the Certificate 1 I Appropriateness. f�,f/ , Doted this ' L•day of.t[t 1ti4C ,20, I � 1 Hi; •-_0PRESERVATION:••-h THE„ OF MIAMI •• H,F ,; . 1tr • z R,MOON ,;ICP f►,�J • AC'tTNG PtMNING D!liEOTDR FORME CHAIR STATE OF FLORIDA •) '• 1 • CAt1NYYOF MIAMI'DADE ) $ • The .fPfesPins ini(ntment web edliontedned befom me this 1 ,_ day of . mord, MIL L by Thomas R.Mooney,Acting t ing Direotar,PIwr h g Department,n.}ted b W Mend iosch,noftlin Florid tO Ma, a Markt'Municipal Corporation,on behalf of thooorporrdio • i swges�,Amou 'O , 0 ! u�nlr Viainf-Pade Cot*,Flodu •• NM IMOIiarrtow My eanmtaton expires: *-11t41 ApptovedAa To Foam Legal Depsrtmer>C (1 I ••rye ) k41---_. Flied ode the Clerk of the Preservatio i Bomd.on 3444‘ (i4.156 ) , F:fP A*01111rfNPINabN►ul+rat4Ao. t,:', she• —4\::: • <1i`� >Rof ' tart fHVYr16 `" . JOSE' l'r C 1311321 • 1 1 1 1 Book30318/Page340 CFN#20160674389 Page 21 of 25 r • • Page 676 of 849 1 . • The city of Mimi Beech Hl%tcdo Prese&argon Board makes the folloviing 11NiDit4GS OF FACT, bailed upon the evidence,Infoitnatiort te►timarge aid melee%presented at the pubflo hearing end which are part of the reoond for bile matter • jl A, The subtext►puettree we cleeeMed ae'tkhtrbuilIVI etruoiures in the Miami peach Wstorts - ' 1' DistrPropertlee Detebete,end aro located within Ocean DifvelCollne Avenue Local Hletorto• . B, Based an the plane end document*•subrrflhad with the appllvellon, testimony and ` InformaNan,provided by the eppleent,end the roaeohr set forth M the Awing De� � Staff Report,the projectae aubrrtittsd is consistent with the Certhloare ar Ap rop Oiled'to Section 11b-604(sX1)of the Maid Hatch Code,llk not consistent vain CattAcata , ,atApprdprietenees Criteria'a','o'8'd'In Section 113444%)(2)of lho Mimi Beach Code la not wadded with Coterie%of ApOtoprideneee Creerle ', 'd A'g' In Section 118- • B84(sxx3)of the Miami Beach Cods Gonda*whir Ceieltolte of Approprlabsneee *near for Demolition In Section 118464(tj(4)qt the Miami Beech Cade. i C. The project would be consistent w1uc the arhode and roqulnamenle of elm** If the • folloWing ponditiOrre ore ebb 1. Revised elevation, site plan and floor plait drawings shill be eldrtnttted and, at a minimum,such drawings shall irtoorpa:nathe foilowind: ' a. Finel•detuik and material unwise for the pedelirten Midge shall be sutitdtted,in a manner to be reviewed and approved by aid osnsietent with the Certificate of Appropriateness Cense%end/or tits&readers from the Ba ud. , b. fie design for the balcony rspbtge Niel be further refined in a less deme manner and constructed toe material Moro appropriate to the eturotrndinp hisiorla dlatrict, In,a manner to be revieewed end approved by staff ccnsietentwith the Certificate of Approprgteneee Gritarfe and/or the directions from the Board. o, A copy of MI pages of the recorded Supplemental Find Order.shell be conned Into Nm plena submitted for Wad pomM,end shell be nod tted immediately alter the from corer pogo of the Pinta plena. . 2. Satisfaction of ell ocrnd get%Is roguired for the Plenntrry Department to give Ile approval on a Certificate of Oceiemncyi a TeMporery Cetttfoate of Occupancy or Partial Cut late of Occupancy meyale*be conditionally ermined Planting Departmental approval. ! 3. The Supptemehtsl Firm Order shall be recorded In the Pubtte Raoorda of MianiN7a• County,rtgr to the Issusriq of a Bulling Paflydf. 00004 4. Thu Supplemental Mel Order%not ee erebto,and If env provision or sondflat ►.' , , �-ti . • held veld or unooi>st>t<rtiate)in s Hire}dedslotn by a court of competently/1400n,jurialon, ' }Q shall be returned Co the Board far reo�deroton as to whether the order meats tit` _:� far approval absent the Woken providon or condition,and/or It to appropriate tom• • 1 ' - j remaining eondtisone or hnpaee new conditions. 1 Book30318/Page341 CFN#20160674389 Page 22 of 25 • II . • 111111111111111111111111111111111111111111 1 Page 677 of 849 }mom PRZ ERyATION B ASO N M,Ml pR CI'iSf*Ilford] eh,Fbridei II i MISEMB time Qotober 14,2214 " ;Murri'iletur , INF - 11111FILE fiat 7414 o:„a=``'`t PROPPICrit 1440 Oman Wire 41489 c 1.: ‘ M M& • M.the mei t,a21 Block 4B of Oc.en 9411 a Mddbra ho. 2,abcanang to dta plot Vol pi*Ro own*oinarrd ga 6eta v, aFf �&so it000tett'In MO$oak 2 et p G8 of 1483 potius auCoutlaFjabp Les 18 G 10,Biodi i9,OrAt n i9eiah,Hai Addition No.alto Oa Piet Ttirrdctl,d9 E11Corded Plot Rook 2, f 56,of�lla. ftecoydo tulle ,Florida. •I�Ifie Tito for a Q1 for t>ra p�#aI dem�renarralion end rieloteBnn of the blow 3 hrty Contort Hobo! lorxdod at Ia.Giro e drp oorrhr non ore ow!hotly . • ground lrtal adHn Wed a of the pretyr old/44M . mound lewi isetmulti Wu'of tie malady end a new 1, SOY Gdloa.AddlU to R 4�NPC m motet of W ea9np die rtonlabel 8� Hotel,et Ira third r ie prgpa 4 to be Matted the A led exterior of ttpr Belay Hots)footled et ' 1� ib are Iii dt d }o the isr WO 5 end alley rwbttertdr',Prototrof on Pebi ew 1f, 14 *eh the a pI Y&the • polkuk Malmo NW*of itto t e ea aid the ffnet gain end link of Ito propwsd irrdN " aidp. . . .• • 81)PPI,ENENTAL 014011‘ 4 ; , ' • 'Thu worm*Beta Roos Neer LICrt,G end Owen CaQed ..,ori :,. - • 4. �.• ." °Not film'MathMath4BtforioQerito oto. _ ' 1 y_. Book3O3181Page342 CFN#2(}160674389 Page 23 of 25 Page 678 of 849 1'1 . til , Page 3 ore II HPRFikfNo.7414 Meeting Data:October 14,2014 � 1 6.. The previous Final Order dated February 11,2014 shall remain In All force and effect. • . • 0. The conditions of approvel herein env binding on the applicant,the pfcperh/a owrkhre, , operator!,and all euooeaeom In interest end assigns. , 7. Nothing In Yale order ahittorima a violation of 'Olty Cods or other applicable law,nor allows a relaxation of any requitement or'bastard set forth in the City Code, IT IS HERBY ORDERED,based upon the form*slings of hat,the evidence,Information, testimony and matelots presented at the public hearing,which era part of the raced for tide I' matter, and the etaff report and anatyafa, which are adopted heroin, Ihohrding the !teff , recommendations,which Were wended by the Board,that t110 Certificate of Appropdeienese is • GRANTED for the above-referenced project subject to those certain condtiotie specified In . �reed, of the tindfnge d Fant(ConditionNoe.1-7 tnalrsive)hereof,b whlalt the apptlaent bas PRDVIDI O,the applicant shell build substantially In ecoordsnos with the punts approved by the Whip Pt• rvallon Board,re da hired by!brat,entitled'Caton How,ore pclpered by Shulman+Aarolatee,dated May 28,2014. I • When requesting a building permit the planaeulxnfited to the gtdidtng beparbtren!for Permit shall be consistent with the plans approved by the Board,modified Itt eoaardnnce WW1 the conditions set forth In anise Order. No bulldirg pennft may be hared unless and until all - condiBons of approval that must be staged RIO to permit beuanoe,as set forth In this Order, have been met. The Iestence of a Cortihloede of nese dose not releve the applicant hem obtakhkng all ' other requited MuniobalOohut andttor State review!and writhe, tncudhtgitnai =dogapproval,If adequate handicapped aoaoee Ie riot pnwhied en the Board-approved plane,this approval does not meati that such hendioapped access is not Muffed. When requesting a ' building peon%,the plans submitted to the Bahl Department for permit Matt be consistent With the piano approved by the Board,modified lt'aocordanobwith the condition*eel forth In Vie Order. If the Ful Bhang Permit forth paled la not leered Mein eighteen(18)menthe of the meelkhg date at wNoh the original GfthAoate oIsae wait granted, the Certificate of • .Appropbermeateneea will enpbre.and bee me) i 0 the Full Bulldlltg Pout for the pm}eot should expire for any reason(Fret:Wing but not limited to conclusion not oomuenoingend - continuing,with required tnspectkma,M a000rdenoe w>hh the applicable Building Code),the Certificate of Appropdaianeuu will expire and become null and void. In accordance with Section 118461 of the City Code,the Motatipn of any ,, ,I,, •• safeguards that ere a part of tate Order shaft be deemed a violation of the lend ,,, ,.;.` +t, 11 regulations of the City Code. Failure to comply With this Order shad ay�eot the 4,.,,'s.u. t K., Appropriateness to Beat on 118 4,City Cods,for ravooadon oh rhodklaalton of : ;, ofAppropitatenese. Dated thte._i_L _day of dash g ,20L% i 1 . • • I Book30318/Page343 CFN#20160674389 • Page 24 of 25 OR CfT BK R30318 PG 344 ■ A �/`^r Page 679 of 849 1 • ORDK A�� 93 Pa 3969' LAST 1 • Foga 4 of 4 ` HP0 FlIe No.1414 Monett; October 14,4014 ` ee j • HISTORIC PRESERVATION BOARD me MY OF MINA BEACH,FLORIDA DEMO TA PRESERVATION AND COON MANADIR FOR THE OHAIR. STATE OF FLORIDA ) I, COUNTY OFMWMI. ADE • The a� nstntnant ndgnewledpod before me NsB i d+N of • Planting pollard, Al fl D Ralik•Roo, nda/by Deboreh Tool*�MwM al CorparHon,on Mover, I tithe corporation.He t,pwsnrtalfyr Man to meld `A �I` Wcasjn ,NOT • PUBLIC • liii: • • Approved Ab To Folin: ay Attorney%OIAar. (/G/0/0°/l/r ) 1 Filed with the clerk of. Htstonc PrnaweHon Doan on to-Igo-+y (G ) • RIPUQM/WIRI PENXIIMIMIPer4t114100oonsAimnClrsfeA 01 1 INDOF 1 OFDAM 1 , . 41' ii 1 • , �.1.�..r Yr:yY 1 —w.�. rr"•X1311321 -7.-.... ..-. 1171:1EZ11=1:1O1====12==.111112:1:=7: 11:11=14===t212=124E=C i Book30318/Page344 CFN#20160674389 Page 25 of 25 Page 680 of 849 ISI ii Ili , QUALIFICATIONS OF APPRAISERS Page 681 of 849 it QUALIFICATIONS ROBERT D. MILLER, ASA EDUCATION: Appraisal Institute Courses SSP Standards of Professional Practice I-A Fundamentals of Real Estate Appraisal I-B Capitalization Theory and Techniques 8 Appraising a Single-Family Residence 2-1 Case Studies in Real Estate Valuation 2-2 Report Writing Business Valuation Seminar Litigation Valuation Other Appraisal Courses Mass Appraisal of Residential Properties Florida State Law and USPAP Factory Built Housing Automated Valuation Models PROFESSIONAL Senior Member of American Society of Appraisers- AFFILIATION: South Florida Chapter No. 82—Accredited Senior Appraiser(ASA)Real Property Urban LICENSED: Certified General Real Estate Appraiser#0001270-State of Florida EXPERIENCE: 1993-Present Vice President-The Urban Group,Inc. 1995-Present Owner Appraisal Firm 1978-1993 Real Property Analysts,Inc.,Fort Lauderdale, Florida,Executive Vice President 1987 Involved in United States Senate Study Right-of- Way Acquisition Procedures QUALIFIED AS EXPERT WITNESS FOR: Condemnation proceeding in Broward,Miami-Dade,Monroe,Palm Beach and Duval Counties,Florida and Lake,Kankakee,Cook and DuPage Counties,Illinois.Testified in Bankruptcy Court in Florida and Texas and Federal Court in Miami,Florida HAS COMPLETED: Appraisal Assignments Counseling Commercial,vacant and improved Acquisition projects Condemnation projects Income tax analysis Industrial,vacant and improved Investment analysis Multi-family residential, Tax assessments Mobile Home Parks ROW Cost Analysis Office,vacant and improved Special assessments Special purpose properties Review Services Page 682 of 849 QUALIFICATIONS OF STEVEN D. JOHNSON, MAI, CPM STATE CERTIFIED GEN. R. E. APPRAISER NO: RZ587 P.O. Box 821501 j Pembroke Pines, Fl. 33082 b 954-345-5500 EDUCATION AND APPRAISAL COURSES: FLORIDA STATE UNIVERSITY, Tallahassee,Florida The Florida Center for Public Management — Certificate in Supervisory Management, June 2007 The Florida Center for Public Management—Certified Public Manager MANKATO STATE COLLEGE,Mankato,Minnesota Bachelor of Science Degree in Business Administration, July 1968 WALDORF JUNIOR COLLEGE, Forest City, Iowa Associate of Arts Degree in Business Administration, May 1966 VARIOUS APPRAISAL COURSES From Appraisal Institute,Federal& State agencies,etc. PROFESSIONAL MEMBERSHIPS MM membership with the Appraisal Institute Licensed Real Broker in the State of Florida,No. BK 0397538 State of Florida Certified General Real Estate Appraiser,No.RZ 0000587 PROFESSIONAL EXPERIENCE 2017-Present- Steven D. Johnson,MAI,The Urban Group,Inc. 1998 to 2017—Florida Department of Transportation,District VI,Right of Way Appraisal Manager 1982 to 1998—C.R. Johnson&Associates,Vice President TYPES OF PROPERTIES APPRAISED Condemnation Appraisals Residential Commercial Industrial Page 683 of 849 VARIOUS CLIENTS OVER THE PAST TEN YEARS GOVERNMENT BROWARD COUNTY BROWARD COUNTY AVIATION DEPARTMENT BROWARD COUNTY SCHOOL BOARD CHARLOTTE COUNTY CITY OF BOYNTON BEACH CITY OF CORAL SPRINGS CITY OF DELRAY BEACH CITY OF FORT LAUDERDALE CITY OF FORT MYERS CITY OF HALLANDALE BEACH CITY OF HOLLYWOOD CITY OF LAUDERDALE LAKES CITY OF KEY WEST CITY OF MARGATE CITY OF MIAMI SPRINGS CITY OF NORTH LAUDERDALE CITY OF POMPANO BEACH CITY OF RIVIERA BEACH CITY OF SUNRISE CITY OF WEST PALM BEACH FEDERAL AVIATION ADMINISTRATION FLORIDA DEPARTMENT OF TRANSPORTATION PALM BEACH COUNTY PALM BEACH COUNTY SCHOOL BOARD SOUTH FLORIDA WATER MANAGEMENT TOWN OF DAVIE US DEPARTMENT OF HOUSING&URBAN DEVELOPMENT PRIVATE ,I ALTMAN DEVELOPMENT CORPORATION BELLSOUTH MOBILITY CLEAR CHANNEL OUTDOOR CLEVELAND CLINIC LENNAR HOMES THE TAUBMAN COMPANY SBA TOWERS INC. UNITED HOMES WAL-MART CORPORATION ATTORNEY ACKERMAN SENTERFITT BECKER&POLIAKOPF TOBY BRIGHAM- BRUSCHI LP COKER AND FEINER BRIAN PATCHEN PA HOLLAND&KNIGHT GREENSPOON MARDER TEW CARDENAS GOREN CHEROF DOODY&EZROL PA W EI S S-SEROTA-HELFMAN Page 684 of 849 AA IAM BE? CR City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov PLANNING DEPARTMENT COMMISSION MEMORANDUM TO: Jimmy L. Morales, City Manager FROM: Thomas R. Mooney, AICP Planning Director DATE: October 1, 2019 SUBJECT:Planning Analysis of Proposed Aerial Easement — Ocean Court between the Clevelander and Essex Hotels BACKGROUND There is a proposal pending before the City Commission to provide an aerial easement over Ocean Court between the Clevelander and Essex hotels for the construction of a pedestrian bridge between them. The hotels are located on the south sides of the blocks between 10th and 11th Streets. The aerial easement will be located 42.5 feet above the current street level and have a width of six(6)feet. The alley has a width of 20 feet. The proposed easement will have an area of 120 square feet and a volume of 1,680 cubic feet. Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or lease of City-owned land be analyzed from a planning perspective so that the City Commission and the public are fully apprised of all conditions relating to the proposed sale or lease. The following is an analysis based on the criteria delineated in the Code. ANALYSIS 1. Whether or not the proposed use is in keeping with city goals and objectives and conforms to the city comprehensive plan. Consistent—The easement will not impede the use of the alley as it exists today. The use of the adjacent properties will not change. This is consistent with the Comprehensive Plan. 2. The impact on adjacent property, including the potential positive or negative impacts such as diminution of open space, increased traffic, noise level or enhanced property values, improved development patterns and provision of necessary services. Based on the proposed use of the property, the city shall determine the potential impact of the project on city utilities and other infrastructure needs and the magnitude of costs associated with needed infrastructure improvements. Should it become apparent that further evaluation of traffic impact is needed,the proponent shall be responsible for obtaining a traffic impact analysis from a reputable traffic engineer. Consistent—No negative impacts are anticipated by the proposal. The easement will not impede the functioning of the alley, nor will it result in additional development rights for either of the adjacent properties. The easement will not impact adopted levels of service for public infrastructure. Page 685 of 849 Analysis of Proposed Right of Way Vacation—6th Street September 12, 2018 Page 2 of 2 3. A determination as to whether or not the proposed use is in keeping with a public purpose and community needs, such as expanding the city's revenue base, creating jobs, creating a significant revenue stream, and improving the community's overall quality of life. Consistent -This proposal expands the City's revenue base by allowing for improved functioning of the Essex and Clevelander Hotels. The adjacent property owners will be responsible for any taxes imposed on the site. The walkway will allow for the use of shared amenities and transfer of pedestrians and luggage between buildings without using public sidewalks or alleys. A similar aerial easement was provided to the north of this site and no negative impacts have been noted. 4. A determination as to whether or not the development is in keeping with the surrounding neighborhood,will block views or create environmental intrusions, and evaluation of the design and aesthetic considerations of the project. Consistent-The surrounding neighborhood will not be negatively affected. The bridge will not block views. No environmental intrusions will be created by the proposed ROW vacation. 5. The impact on adjacent properties, whether or not there is adequate parking, street and infrastructure needs. Consistent-This aerial easement will not affect the parking or infrastructure needs of adjacent properties. 6. Such other issues as the city manager or his authorized designee, who shall be the city's planning director, may deem appropriate in analysis of the proposed disposition. Not applicable-The Planning Department has no other issues it deems appropriate to analyze for this proposal. CONCLUSION This aerial easement is consistent with the Goals, Objectives, and Policies of the- Comprehensive Plan. The easement is not expected to generate any negative impacts for the surrounding area. The alley below the proposed bridge would continue to serve in the same manner, as utility, vehicular, and pedestrian access will continue to be provided. TRM/RAM T:\Agenda\2019\10 October 16\Planning\Essex Bridge Aerial Easment-Planning Analysis.doc We are committed to providing excellent public service and safety to all who live,work,and play in our vibrant,tropical,historic community. Page 686 of 849 This instrument prepared by and after recording return to: Alexander I.Tachmes, Esq Shutts&Bowen, LLP 200 South Biscayne Blvd.,Suite 4100 Miami, FL 33131 (For Recorder's Use Only) GRANT OF EASEMENT FOR AIR RIGHTS This Grant of Easement for Air Rights (the "Easement") is made and entered into as of this day of , 2019, by the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation duly organized and existing under the laws of the State of Florida, having an address at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Grantor"), in favor of ESSEX �! HOUSE COLLINS, LP, a Delaware limited partnership having an address at do Jesta Management Corp., 755 Rue Berri, Suite 200, Montreal, Quebec, Canada H27 3E5 ("Grantee"). RECITALS A. Grantee is the fee owner of the Essex House (1001 and 1021 Collins Avenue), the legal description of which is attached hereto as Exhibit "A," and an affiliate, Clevelander Holdings, LP, a Delaware limited partnership (the "Clevelander"), is the owner of the Clevelander Hotel (1020 Ocean Drive), the legal description of which is attached hereto as Exhibit"B" (collectively, the "Hotel Property"). B. The right-of way of Ocean Court located between the Clevelander Hotel and the Essex 111 House, as depicted in Exhibit"C"attached hereto and made a part hereof, was dedicated by plat to Grantor as a public right of way, and this dedication also includes the air rights over the Ocean Court right-of-way(the "Ocean Court Right of Way"). C. The City's Historic Preservation Board ("HPB"), pursuant to HPB Order No. , a copy of which is attached hereto and made a part hereof as Exhibit "D", approved the installation by Grantee of an elevated pedestrian bridge to connect the Clevelander Hotel and Essex House at approximately the fourth floor level, and which pedestrian bridge is approximately six (6) feet in width, twenty (20) feet in length, fourteen (14) feet in height (for a total of approximately 1,680 cubic feet of air space), and located a minimum of thirty- six (36) feet above the grade surface of a portion of the Ocean Court Right of Way (the "Pedestrian Bridge"). The use of the term "Pedestrian Bridge" in this Easement shall include the associated improvements, equipment, and infrastructure, including, without limitation, electrical and utility connections, lighting, and fire sprinkler systems, necessary for the proper permitting and operation of the Pedestrian Bridge. The Pedestrian Bridge shall not impede vehicular access through the Ocean Court Right of Way. • Page 687 of 849 • D. Grantor has agreed to grant an easement to Grantee, for the use of all of Grantor's air rights within that volume of space above a portion of the Ocean Court Right of Way, as legally described in Exhibit "E" attached hereto and made a part hereof ("Easement Area"),for the sole purpose of the construction,operation and use of the Pedestrian Bridge within the Easement Area, subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good it and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and by this reference are incorporated as if fully set forth herein. 2. Easement. Subject to the terms and conditions of this Easement, Grantor hereby grants, bargains and conveys to Grantee, for the use and benefit of Grantee and, its successors and assigns and its agents, employees and invitees (including, without limitation, the Clevelander)a perpetual, exclusive easement in, through, over and across the Easement Area, for the Grantee's construction, operation, use, maintenance, repair, and replacement of the Pedestrian Bridge, along with a non-exclusive right of ingress and egress over and across the portions of the Ocean Court Right of Way necessary to access the Easement Area for the construction and maintenance of the Pedestrian Bridge, as provided herein. Grantor also hereby authorizes Grantee to construct the Pedestrian Bridge provided that it is consistent with the HPB approval of same. Grantee shall exercise its easement rights hereunder without obstructing or interfering with the continued use of the Ocean Court Right of Way by Grantor and/or the public as a dedicated public right of way for pedestrian and vehicular travel, and utility services, except as permitted pursuant to a temporary right-of-way closure permit for any construction, repair or maintenance activities that obstruct the Ocean Court Right of Way or otherwise require temporary closure of any portion thereof. 3. Consideration. As consideration and inducement for Grantor's grant of this Easement, Grantee shall pay to Grantor the amount of $240,000 ("Contribution") to be paid in installments as follows: (1) $80,000 upon application for a building permit to construct the Pedestrian Bridge; (2) $80,000 upon issuance of a building permit for the construction of the Pedestrian Bridge; and (3) $80,000 upon the issuance of a Certificate of Occupancy for the Pedestrian Bridge. 4. Construction and Maintenance of the Pedestrian Bridge. Grantee agrees to develop, design, permit, construct, use, operate, maintain, repair and replace the Pedestrian Bridge, or necessary portions thereof, so that same is at all times in good working order and condition and free of material defects, subject only to occasional interruption of service due to(i)ordinary wear and tear and use thereof; (ii)routine or extraordinary maintenance, repair or replacement; or (iii) events beyond the Grantee's reasonable control. Grantee shall have the right to select the contractor(s) of its choice in connection with all aspects of installation or construction, maintenance, repair, and replacement of the Pedestrian Bridge; provided, however, that the contractor(s) shall be subject to prior approval of Grantor, which approval shall not be unreasonably withheld so long as the work is performed by contractor(s) with prior experience performing similar projects, with the requisite licenses to perform the work, and sufficient bonding capacity to obtain a performance and payment bond covering the value of such work. Page 688 of 849 A. Grantee shall cause for plans and specifications to be prepared for any construction work related to the installation of the Pedestrian Bridge, and shall be solely responsible for obtaining any and all governmental permits and approvals required in connection with the Pedestrian Bridge (collectively, the "Permits"). B. After completion of any work by Grantee, Grantee shall, at its sole cost and expense, immediately,with due diligence, restore the roadway surface of the Ocean Court Right of Way to the condition in which it existed immediately prior to the performance of such work (the cost of which shall be included in Operating Costs). C. Grantee shall assume the responsibility, at its sole cost and expense, to maintain the Pedestrian Bridge 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 applicable regulations of the federal, state, County, City of Miami Beach Code of Ordinances, and any other regulation governing the Pedestrian Bridge. D. Grantee shall be solely responsible for, and shall bear any and all costs and expenses of, installation, maintenance, utilities, taxes (including, without limitation, any ad valorem or other taxes or governmental charges that may be assessed in connection with this Easement and the Pedestrian Bridge), insurance, repairs, and replacement or restoration work(including, without limitation, any replacement or restoration in the event of any casualty or as otherwise required in the normal and customary operation of the Pedestrian Bridge), and any and all other costs and expenses, including any necessary relocation or undergrounding of existing utilities in conflict with the Pedestrian Bridge, or any damage to the Ocean Court Right of Way in connection with the Grantee's installation, operation and use of the Pedestrian Bridge (the "Operating Costs"). E. Grantee assumes all risks in connection with the construction, operation or use of the Pedestrian Bridge, at its sole cost and expense. The Grantor disclaims any and all implied warranties of merchantability and fitness, fitness for a particular purpose, intended use, workmanship or construction respecting the use of the Easement Area or the construction, operation or use of the Pedestrian Bridge. Grantor, and its successors and assigns, shall have no obligations with respect to the operation, use, maintenance, repair, replacement or restoration Pedestrian Bridge, except to the limited extent provided in Section 5.A of this Easement and to the extent caused by the gross negligence or willful misconduct of Grantor and/or its representatives. F. Grantee shall, at all times, exercise diligent, good-faith efforts to: (a) avoid causing any damage to or unreasonable interference with the Ocean Court Right of Way; and (b) minimize any disruption or inconvenience to Grantor and the public in the use of the Ocean Court Right of Way as a dedicated public right of way. 5. Grantor's Continued Use and Maintenance of the Ocean Court Right of Way. Except with respect to the Grantee's exclusive rights over the Easement Area, the Grantor reserves unto itself, and its successors, assigns, and its authorized invitees, agents, employees, contractors, and licensees, and without the need for any notice to Grantee, the perpetual right and privilege to (i) use the Ocean Court Right of Way for the purposes of providing the general public with an unrestricted right of passage, ingress, egress, access to, and reasonable use of the Ocean Court Right of Way; (ii) Page 689 of 849 maintain, repair and replace, and/or install improvements within the Ocean Court Right of Way, including surface or subsurface improvements, as Grantor may deem necessary from time to time, at its sole and absolute discretion; and (iii) grant third- parties providing utility services with the right to use and occupy the Ocean Court Right of Way for the sole purpose of providing any such utilities, including, but not limited, to water, sewer, stormwater, electrical, gas, telecommunications, telephone and cable, at Grantor's sole and absolute discretion. A. If the Pedestrian Bridge is damaged during any maintenance, repair or other work performed by Grantor or its employees, agents or contractors within the Ocean Court Right of Way, the Grantor shall work with the Grantee to make all necessary repairs to the Pedestrian Bridge, at Grantor's sole cost and expense. Notwithstanding anything to the contrary herein, Grantor's issuance, in its regulatory capacity, of any right of way or other permit to a third-party(such as utility providers), shall not be construed as an assumption of any liability for the acts or omissions of that third-party, and Grantor shall not be responsible for the acts or omissions of third-parties not contracted by Grantor(such as utility providers). B. Notwithstanding anything herein contained to the contrary, this Section 5 shall not be construed or deemed to relieve Grantee of its obligations, to maintain, repair, replace and/or restore the Pedestrian Bridge. 6. Payment Covenants. Grantee shall be responsible for any and all Operating Costs of the Pedestrian Bridge. 7. Term. The term of this Easement shall not commence and shall be of no force or effect unless and until Grantee submits its application for a building permit for the construction of the Pedestrian Bridge, and once in effect, shall be perpetual unless terminated upon mutual agreement of the parties, in writing. This Easement shall not merge with any deed to the Hotel Property or any part thereof, and shall survive for the term described herein. For the avoidance of doubt, the decision to proceed with the construction of the Pedestrian Bridge is within the Grantee's sole discretion. In the event that Grantee elects not to proceed, this Easement shall be of no force or effect and the obligations herein, including the Contribution, shall be void. Subsequent to the construction of the Pedestrian Bridge, Grantee shall have the right to demolish and remove the Pedestrian Bridge, provided that all required permits and approvals are obtained from the City. In the event that the Pedestrian Bridge is removed, this Easement shall automatically terminate, and the parties agree to promptly execute a written release of the Easement and record said release in the Public Records of Miami-Dade County, Florida. 8. Successors and Assigns. This Easement shall bind, and the benefit thereof shall inure to the respective successors and assigns of the parties hereto. Any transferee of the Hotel Property, or any portion thereof, shall automatically be deemed, by acceptance of the title thereto, to be subject to all of the terms of this Easement. 9. Limitation. It is the intention of the parties hereto that this Easement shall be limited to and utilized for the purposes expressed herein and only for the benefit of the persons and properties named herein. The roadway surface of the Ocean Court Right of Way shall continue to be used for appropriate pedestrian and vehicular access and activity, except as necessary during times of installation, maintenance, repair or replacement of the Page 690 of 849 • it Pedestrian Bridge by Grantee, or maintenance, repair or replacement of the Ocean Court Right of Way or utilities located therein. Grantor shall not be responsible for the acts or omissions of third-parties not contracted by Grantor who may cause damage to the Pedestrian Bridge. Although Grantee may perform maintenance activities, Grantee shall be required to obtain a temporary right-of-way closure permit, if any of its maintenance activities obstruct the Ocean Court Right of Way, or otherwise requires temporary closure of the Ocean Court Right of Way due to such maintenance actions. 10. Indemnification. A. Grantee shall indemnify, defend and hold harmless Grantor, its officers and employees, from any costs, liabilities, claims, losses, and damages (including, without limitation, reasonable attorneys'fees and disbursements at the trial level and all levels of appeal), whether suit is instituted or not, relating to death of or injury to persons, or loss of or damage to property, arising out of, or incurred in connection with, this Easement, or with the use and/or operation of the Easement Area or Pedestrian Bridge by Grantee, and/or its officials employees, contractors,and agents; and including, but not limited to, any violation by the Grantee, and/or its officials, employees, contractors, and agents, of any laws, rules, regulations or ordinances regarding hazardous materials, hazardous wastes, hazardous substances, solid waste, or pollution, whether now existing or hereafter enacted or promulgated, as they may be amended from time to time ("Environmental Laws"); any presence, release, or threat of release of hazardous materials, hazardous wastes, hazardous substances, solid waste or pollution at, upon, under, from or within the Easement Area by Grantee, and/or its officials, employees, contractors; and agents; the failure of Grantee, and/or its officials, employees, contractors, and agents, to duly perform any obligations or any clean-up required to be taken by Grantee under any Environmental Laws;; liability for personal injury or property damage,; and any fines, penalties, and punitive damages, or any fines or assessments incurred by or claimed against Grantor and arising out of the failure of Grantee, and/or its officials, employees, contractors, and agents, to comply with Environmental Laws in connection with the use of the Easement by Grantee, and/or its officers, employees, contractors, and agents. For the avoidance of doubt, the liability in this Section 10 as to Environmental Laws shall not apply to Grantee unless the liability is caused by the actions of Grantee and/or its officials, employees, contractors, and agents. B. Grantee shall also, as part of the indemnification provided to Grantor pursuant to this Section 10, defend any and all claims asserted against Grantor resulting from, arising out of, or incurred in connection with the existence and/or use of the Easement and the Easement Area or Pedestrian Bridge by Grantee, and/or its officials, employees, contractors, and agents. Grantee shall be entitled to select counsel of Grantee's choice to defend claim; provided however, that such counsel shall first be approved by Grantor's City Attorney, which approval shall not be unreasonably conditioned, withheld, or delayed; and, provided further, that the Grantor shall be permitted, at its cost and expense, to retain independent counsel to monitor the claim proceeding. The duty to defend set forth in this subsection shall be severable and independent from the indemnity obligations otherwise set forth in this Section 10, to the extent that if any other provisions and/or subsections of this Section 10 are deemed to be invalid and/or unreasonable, this duty to defend provision shall remain in full force and effect. Page 691 of 849 C. Notwithstanding anything contained in Section 10 to the contrary, Grantee shall not be obligated or liable to Grantor, or any third parties, for any costs, liabilities, expenses, losses, claims or damages,with respect to claims resulting from the gross negligence, recklessness or willful misconduct of Grantor or its officials, employees, contractors, and agents. D. The indemnity and defense obligations set forth in this Section 10 including, without limitation, the provisions of its subsections, shall survive the expiration of the Term or any termination of this Easement regarding any and all costs, liabilities, claims, losses, and damages (including, without limitation, reasonable attorneys' fees and disbursements at the trial level and all levels of appeal), whether suit is instituted or not, relating to death of or injury to persons, or loss of or damage to property, resulting from, arising out of, or incurred in connection with the existence and use of the Easement and the Easement Area by Grantee and/or its officials, employees, contractors, and/or agents during the term of the Easement. For purposes of example only and without limiting the generality of the foregoing, costs, liabilities, claims, losses and/or damages which are unknown or unaccrued as of the date of the expiration of the Term or other Termination of the Easement could include, without limitation, latent construction defects and/or environmental remediation claims. 11. Insurance. Grantee shall maintain insurance sufficient to cover Grantee's liability exposure with respect to its construction, use or operation of the Pedestrian Bridge, which insurance shall include Commercial General Liability Insurance, including Products- Completed Operations and Contractual Liability, in an amount not less than $1,000,000 combined single limit per occurrence, and $2,000,000 in the aggregate, for bodily injury and property damage, and Workmen's Compensation as required by law. Grantee shall name the Grantor as an additional named insured on the Certificates of Insurance for Commercial General Liability Insurance, and upon request of the Grantor, shall provide City with a certificate of insurance evidencing the foregoing coverages. 12. Default. A. Default by Grantee. In the event of a default by Grantee in the maintenance, operation or repair of the Pedestrian Bridge, Grantor shall give written notice to Grantee, specifying the nature of such default. Grantee shall have a period of thirty (30) days following receipt of said notice in which to remedy the default (or such longer time as may be necessary and reasonable, provided Grantee shall have commenced a cure within said 30-day period and is diligently and continuously prosecuting same); failing which Grantor shall have the right to enter 'upon the. Easement Area, for the limited purpose of effecting the required repair or maintenance of the Pedestrian Bridge. Notwithstanding the foregoing, if the default is of such a nature that an emergency situation arises constituting an unsafe or unsanitary condition, the period for cure of such default shall be accelerated to a period of time which is reasonable in light of the nature of the emergency. All costs incident to curing a default by the Grantee under this subsection A shall be the sole responsibility and obligation of, and accordingly, shall be borne by, the Grantee. B. Default by Grantor. In the event of a default by Grantor, Grantee shall give written notice to Grantor, specifying the nature of such default. Grantor shall have Page 692 of 849 a period of thirty (30) days following receipt of said notice in which to remedy the default (or such longer time as may be necessary and reasonable, provided Grantor shall have commenced a cure within said 30-day period and is diligently prosecuting same), failing which Grantee shall have the right to effectuate the required repair of the Pedestrian Bridge. Notwithstanding the foregoing, if the default is of such a nature that an emergency situation arises constituting an unsafe or unsanitary condition, the period for cure of such default shall be accelerated to be a period of time which is reasonable in light of the nature of the emergency. All costs incident to repair of the Pedestrian Bridge shall be borne by the Grantor. 13. Inspection. Grantor's employees or representatives shall have the right to enter and investigate the Easement Area at any time, to verify compliance with the conditions of this Easement or any applicable laws. 14. No Liens. Grantee shall not cause liens of any kind to be placed against the Easement Area or any portion thereof. The right, title and interest of the Grantor in the Easement Area shall not be subject to liens or claims of liens for improvements made by Grantee. Nothing contained in this Easement shall be deemed or construed to constitute the consent or request of the Grantor, express or by implication or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement of, alteration to, or repair of the Pedestrian Bridge, or any part thereof, nor as giving Grantee, any mortgagee or lessee of the Grantee or Hotel Property any right, power or authority to contract for, or permit the rendering of, any services or the furnishing of materials that would give rise to the filing of any lien, mortgage or other encumbrance against Grantor's interest in the Easement Area, or any part thereof, or against assets of the Grantor. In the event Grantee fails to remove any lien or desires to contest any lien placed against the Easement Area or any portion thereof, Grantee shall indemnify, defend and hold harmless the Grantor against all loss, expense or damages in connection therewith, in accordance with Section 10 of this Easement. Notwithstanding the foregoing, Grantee's rights under this Easement may be part of the collateral for any mortgage encumbering the Essex House. 15. Enforcement. In the event it becomes necessary for any party to defend or institute legal proceedings as a result of the material failure of either party to comply with the terms, covenants and conditions of this Easement, the prevailing party in such litigation shall recover from the other party all costs and expenses incurred or expended in connection therewith, including, without limitation, reasonable attorney's fees and costs, at all levels. 16. Venue and Jurisdiction; WAIVER OF JURY TRIAL. This Easement 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 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, 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 EASEMENT. Page 693 of 849 17. No Joint Venture. Nothing in this Easement shall be construed to create a joint venture, • partnership, tenancy in common, or joint tenancy relationship between the Grantor and the Grantee, nor shall this Easement render either party liable for the debts or obligations of the other party. 18. Interpretation. No provision of this Easement will be interpreted in favor of, or against, any of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof. 19. Counterparts. This Easement may be executed in any number of counterparts, each of which shall be deemed an original and all of which,taken together, shall constitute a single document. 20. Notices. 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 Grantee at: Essex House Collins, LP do Jesta Group 755 Rue Berri, Suite 200 Montreal, Quebec, Canada H27 3E5 With a copy to: Alexander I. Tachmes, Esq. Shutts & Bowen, LLP 200 South Biscayne Blvd. Suite, 4100 Miami, FL 33131 If to the Grantor at: City of Miami Beach, City Hall 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager 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 Easement. 21. Severability. If any clause or provision of this Easement is deemed illegal, invalid or unenforceable under present or future laws effective during the term hereof, then the Page 694 of 849 • validity of the remainder of this Easement shall not be affected thereby and shall be legal, valid and enforceable. 22. Entire Agreement; Recordation. This Easement constitutes the entire agreement between the parties hereto relating in any manner to the subject matter of this Easement, and may be recorded by Grantee in the Public Records of Miami-Dade County, Florida, at its sole cost and expense. No prior agreement or understanding pertaining to same shall be valid or of any force or effect. This Easement may not be amended, modified or terminated except by a written instrument executed by the Grantor (through its City Manager) and Grantee, and which is recorded in the Public Records of Miami-Dade County, Florida. All provisions of this Easement, including the benefits and burdens of the same, are covenants that run with the land, are not intended to be executory in nature, and shall be binding upon, and shall inure to the benefit of, the parties and their respective heirs, legal representatives, successors and assigns. SIGNATURE PAGES TO FOLLOW II II Page 695 of 849 IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the date first set forth above. WITNESSES: GRANTOR: CITY OF MIAMI BEACH, FLORIDA, A municipal corporation of the State of Florida By: Sign Dan Gelber, Mayor Print Name Sign Print Name ATTEST:• By: Name: Rafael E. Granado Title: City Clerk STATE OF FLORIDA COUNTY OF MIAMI-DADE ) j The foregoing instrument was acknowledged before me this day of , 2019, by Dan Gelber, as Mayor, and Rafael E. Granado, as City Clerk, of the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of the State of Florida, on behalf of the CITY OF MIAMI BEACH, FLORIDA. They are personally known to me or produced valid Florida driver's licenses as identification. Notary Public, State of Florida My commission expires: APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION Cit (6frj ° 1 Y SII ,{ Dah Page 696 of 849 WITNESSES: GRANTEE Essex House Collins, LP A Delaware limited partnership By: Sign Name: Title: Print Name Sign Print Name STATE OF ) )ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2019, by , as of Essex House Collins, LP, a Delaware limited partnership. He is personally known to me or produced valid driver's licenses as identification. Notary Public, My commission expires: Page 697 of 849 EXHIBIT"A" [legal description of Essex] Page 698 of 849 EXHIBIT"B" [legal description of Clevelander] Page 699 of 849 EXHIBIT"C" [legal description of Alley] lig Page 700 of 849 EXHIBIT"D" [HPB Order] II Page 701 of 849 EXHIBIT"E" [legal description of Easement Area] IIS, Page 702 of 849