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Early Access to the Proposed Site for the MBCC Headquarter Hotel MIAMI BEACH ', 23-1 ? City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members o• the City Co 1 ission FROM: Jimmy L. Morales, City Manager - — DATE: January 23, 2019 SUBJECT: EARLY ACCESS TO THE PROPOS' D SITE FOR THE MBCC HEADQUARTER HOTEL The Administration recommends that the City Commission authorize the City Manager to enter into an Early Access Agreement with the Developer of the MBCC Headquarter Hotel on the terms and conditions set forth in this memorandum, subject to review and legal approval of the City Attorney. Background The developer of the MBCC Headquarter Hotel has approached the City to request early access to the proposed site for the hotel. The Ground Lease sets forth certain conditions before the Developer is entitled to take possession of the site. The Developer estimates that he will be able to meet those conditions and take formal possession of the site by March 2020. City staff have been working with the development team with a goal of accelerating the opening date of the hotel. The sooner the hotel is open, the sooner the City can (i) be more competitive in booking important meeting groups, and (ii) begin to receive rent payments, resort taxes and property taxes. The Developer has indicated that the hotel opening could take place as early as the fall of 2022. In order to achieve that date, the Developer would need to have access to the site to perform a series of pre-construction activities. If he can obtain access starting in February 2019, he believes he can complete construction and open the hotel for business by the fall of 2022. The activities in question include the following: - Site inspections - Environmental testing & site remediation - Civil Site preparation - FPL coordination and all necessary site work - Tree and landscape removal - Demolition of the 555 annex - Demolition of the back portion of the Fillmore - Site preparation, Dewatering and demolition of existing parking lot & utilities relocation Developer has offered that in the highly unlikely event that he could not close on his financing and proceed with the hotel project, he would reconstruct the parking lot and landscape the same. Analysis This presents a classic analysis of risk vs. reward. There is certainly a risk that the developer might not be able to build the hotel for lack of financing, inability to obtain approvals and permits, or some City Manager's recommendations re: MBCC HEADQUARTER HOTEL January 23, 2019 Page 2 other factor. In such an event, the City would have lost the 555 annex and the back portion of the Fillmore. In my view, given the strength of the hotel market in Miami Beach (as measured by both the high per key sales price of hotels in the market and the outstanding performance of the hotel market in 2018 in occupancy, ADR and revpar), I believe the risk of this hotel not being built by this development team for lack of financing is very low. I am also confident that the developer will be able to obtain all necessary approvals and permits for the project. The developer has also offered to mitigate the risk by agreeing to replace the parking lot. Finally, the developer will be spending substantial sums as part of this site preparation work in advance of possession, and therefore has a very strong incentive to close on the hotel deal and complete the project. There are significant benefits to the City if the hotel opens one year ahead of schedule due to early access to the site. First,the GMCVB will be able to book major meeting groups sooner,thereby putting more heads in beds and other associated economic impacts a year earlier. Secondly, the City will be able to obtain revenues from the hotel one year sooner. The developer's projections for the first year of operations of the hotel are as follows: Year 1 Ground Lease Payment 12 $2,398,255 Real Estate Taxes to City 1 $911,810 Resort Tax 1 $2,269,470 Food &Beverage Tax 1 $633,608 Total Revenue for City of Miami Beach $6,213,143 1 Derived from projected Year 1 operations 2 Minimum Fixed Rent for Year 1 is$400,000 The foregoing does not include an additional $1.5 million recurring annual payment of Convention Development Taxes (CDT) from Miami Dade County once the hotel opens (as agreed as part of the CDT agreement in 2014 with Miami Dade County). Additionally, there would also be resort tax revenue generated at other hotels and restaurants from the additional visitors to the city. As such, the City stands to start receiving millions of dollars of revenue one year earlier. Recommendations The Administration recommends that the City Commission authorize the City Manager to enter into an Early Access Agreement with the Developer of the MBCC Headquarter Hotel on the terms and conditions set forth herein, subject to review and legal approval of the City Attorney. EARLY ACCESS AGREEMENT THIS EARLY ACCESS AGREEMENT (this "Agreement") is executed as of the day of March, 2020, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation (the "City") and MB MIXED USE INVESTMENT, LLC, a Florida limited liability company(the "Lessee"). RECITALS: A. The City and the Lessee entered into that certain Development and Ground Lease Agreement with an Effective Date of December 12,2018,(the"Lease Agreement")regarding the property legally described on Exhibit A attached hereto and by this reference'made a part hereof (the "Leased Property"). Capitalized terms not defined herein shall have the meanings assigned such terms in the Lease Agreement. B. The Possession Date has not yet occurred but, pursuant to Sections 4.1(d) and (g) of the Lease Agreement, the City has agreed to provide the Lessee access rights and easements over the following areas for the purposes set forth in, and subject to the terms and conditions of,this Agreement: (i) the Leased Property; (ii) the right-of-way legally described on Exhibit B attached hereto and by this reference made a part hereof("Right of Way Area"); (iii)the Fillmore Theater,and their respective loading docks and service areas (collectively, "Fillmore Areas"); (iv) the area described in Exhibit "D" hereto ("Staging Area"); (v)the areas in which the Off-Site Improvements are contemplated to be located ("Off- Site Areas"); (vi) the airspace above the City's properties located adjacent to the Leased Property, including, without limitation, the Fillmore Theatre, and all roads and public rights-of-way (such airspace over such adjacent properties is referred to herein as "Crane Areas"); and (vii) the parcels in which the 555 17th Street building are located as delineated in yellow on the sketch attached hereto as Exhibit "E" hereto which is by this reference made a part hereof ("555 Areas," and collectively with the Leased Property, Right of Way Area, Fillmore Areas,Staging Area, Off-Site Areas,Crane Areas and 555 Areas shall be referred to herein as the "Early Access Areas"). NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the City and Lessee agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by reference. 2. Inspections; Testing; Demolition; Development; Construction. Subject to the terms and conditions of this Agreement,the City hereby grants to the Lessee, Lessee's managers, members, officers, employees, agents, contractors, subcontractors, vendors, licensees, suppliers and laborers (collectively, "Lessee Parties") a non-exclusive, irrevocable easement (for avoidance of doubt, and notwithstanding anything to the contrary in this Agreement, the irrevocable nature of the easements granted hereunder does not diminish the provisions of section 13 hereof,so that this Agreement,including,without limitation, all easements granted hereunder, shall terminate as provided in section 13 hereof), right and privilege through, over, on, upon, under and across, and to enter upon and license to use the Leased Property, Fillmore Areas, Off-Site Areas and 555 Areas to conduct the following activities: (a) physical inspections,site visits and surveying; GLG 4818-9108-3698 v8 (a) physical inspections,site visits and surveying; (b) tests, studies, samplings, and analyses (including, without limitation, soil borings and invasive environmental testing); (c) site-preparation; demolition of parking lot; demolition of portions of Fillmore Theater in accordance with Section 8 below;construction of the Fillmore Improvements(as defined in Section 8) as contemplated under this Agreement; demolition of all improvements located within the 555 Areas; landscape and tree removal; street light relocation and removal, subject to the City Manager's (or his/her designee's) Approval to ensure adequate street lighting is provided along sidewalks and other right-of-way areas; dewatering; and utility removal, relocation, and installation, including but not limited to: (i) Demolition, design and construction of FPL facilities; (ii) Construction of water and sewer utilities. Such utilities may include, but shall not be limited to: Water and/or sewer mains; and ii. Water meters and backflow prevention devices; (iii) Stormwater management, including, but not limited to: Paving and grading of site; ii. Installing of drainage structures, pipe,and other appurtenances; and iii. Stormwater culvert removal and relocation. provided that, with respect to any work performed pursuant to this Section 2(c) herein, (i) any such work is consistent with the Approved Plans and is performed in accordance with the requirements of the City Code and any other applicable laws, (ii) Lessee shall have obtained, and shall have delivered to City a copy of, all Governmental Approvals necessary for the commencement and performance of such work (which may include a "phased" permit), (iii) Lessee shall have entered into, and delivered to the City a duly executed copy of, a the construction contract or construction contracts between Lessee and duly licensed general contractor(s) for such work and (iv) any work contemplated under this Section 2(c) shall not be deemed to be the Commencement of Construction, any contractor performing such work shall not be deemed to be the Hotel Project General Contractor and any construction contract pursuant to which such work is performed shall not be deemed to be the Hotel Project General Construction Contract; and (d) Any and all other work,studies,investigations and other activities to the extent necessary to prepare for development and construction of the Hotel Project, including, without limitation, design, landscaping and civil engineering, provided that all such other work and activities are Approved by the City Manager(or his/her designee). 2 3. Right of Way Areas. Subject to the terms and conditions of this Agreement, the City hereby grants to the Lessee and the other Lessee Parties a non-exclusive, , irrevocable access easement through,over,on, upon and across and license to use the Right of Way Area for the purpose of ingress and egress to and from all other Early Access Areas to the extent necessary for Lessee's and the other Lessee Parties' use of the other Early Access Areas for the rights granted herein. The City hereby expressly reserves for itself and its employees, contractors, agents, employees, invitees and licensees (collectively,the "City Parties") the unrestricted right to use the Right of Way Area for purposes of providing pedestrian and vehicular access to the Convention Center and the Fillmore Theater,and their respective loading docks and service areas and for any and all other purposes, including but not limited to granting other easements or licenses at the same location provided that such other purposes do not unreasonably interfere with the Lessee's and Lessee Parties' use of the Right of Way Areas for the rights granted herein. Lessee's use of the Right of Way Areas shall be coordinated in advance with the City Manager (or his/her designee), to ensure that Lessee's activities do not materially interfere with the use by and operation and activities of City Parties on the Right of Way Areas. Lessee shall use such routes and follow such procedures on the Right of Way Areas as result in the least damage and inconvenience to the City Parties. 4. Staging.Subject to the terms and conditions of this Agreement,the City hereby grants to the Lessee and the other Lessee Parties a non-exclusive, irrevocable easement over,on, under, upon,and across and license to use the Staging Area,and such other areas within the Leased Property,Fillmore Areas, Off-Site Areas and 555 Areas as may be Approved by the City Manager(or his/her designee),for purposes of construction staging to the extent necessary for Lessee's and the other Lessee Parties' use of the Early Access Areas for the rights granted herein,including but not limited to (i)erecting scaffolding,swing stages, cranes and other temporary structures in the Leased Property, Fillmore Areas, Off-Site Areas, 555 Areas and/or Staging Area,(ii)temporarily staging construction equipment and materials in the Staging Area,and such other areas within the Leased Property, Fillmore Areas, Off-Site Areas and 555 Areas as may be Approved by the City Manager (or his/her designee), (iii) erecting a fence around the Staging Area, and such other areas within the Leased Property, Fillmore Areas, Off-Site Areas and 555 Areas as may be Approved by the City Manager(or his/her designee), (iv) the installation and removal of temporary sheet piles within the Staging Area,and such other areas within the Leased Property, Fillmore Areas,and Off-Site Areas as may be Approved by the City Manager (or his/her designee), to the limited extent necessary to complete work and the other activities in accordance with this Agreement, (v) site logistics, including but not limited to Lessee's and the other Lessee Parties'ingress and egress to and from the Early Access Areas through, over, and across the Leased Property, Fillmore Areas, Off-Site Areas, 555 Areas and/or Staging Area, and (vi) performing other activities reasonably related to the use of the Early Access Areas contemplated hereunder; provided, however, (y) if Lessee wishes to utilize Early Access Areas for Lessee's main trailer and equipment storage,then such main trailer and equipment storage will be located entirely within the Leased Property and/or the Staging Area; and (z) Lessee shall not cause the egress path from the Fillmore Theatre that is located within the Staging Area to be blocked unless Lessee provides an alternative egress path that is Approved by the City Manager(or his/her designee). 5. Cranes. Subject to the terms and conditions of this Agreement,the City hereby grants to the Lessee and the other Lessee Parties a non-exclusive, irrevocable easement over,on, under, upon, and across the Crane Areas for the limited purpose of maintaining and swinging the arcs, booms,jib, counter- jib, counter-weights and other portions of one or more swinging tower cranes(collectively,the "Cranes"), from time to time, in, over,through and across the Crane Areas and to encroach into the Crane Areas for such purposes(the"Crane Easement");provided however,Lessee must obtain,at its sole cost and expense, all required governmental permits and approvals with respect to such use, and the Crane Easement does 3 not permit, and shall not be deemed to permit, Lessee or the Lessee Parties to place the Cranes on the ground located under the Crane Areas. 6. Conditions Precedent to Use of Early Access Areas. (a) Lessee's rights herein shall be subject to and contingent upon City's receipt of(i)updated construction schedules for work applicable to the portion of the Early Access Areas that Lessee intends to use; and (ii) such permits necessary to perform work on the respective portion of the Early Access Areas that Lessee intends to use. For illustrative purposes only, Lessee shall not have access to the portions of the Early Access Areas that may be required to mobilize for demolition of the 555 Areas,until all permits for work on the 555 Areas have been obtained,and an updated schedule of activities for the demolition of the 555 Areas is submitted to the City and Approved by the City Manager(or his/her designee) to the extent this Agreement expressly requires the City Manager's approval of such schedule. (b) With respect to Lessee's right to access the portions of the Early Access Areas along 17th Street and Convention Center Drive, the Lessee's proposed fence screen and related graphics shall be subject to the City Manager's(or his/her designee's)Approval. 7. Coordination and Cooperation. The Lessee shall coordinate with the City Manager (or his/her designee) and obtain the City Manager's (or his/her designee's) prior written Approval regarding the schedule of performance of the Lessee's activities on the Early Access Areas so as to minimize interference with the ongoing operations at the Convention Center and Fillmore Theater,to allow the City to provide any necessary notices of vacation to the operator of the Fillmore Theater regarding the areas of the Fillmore Theater to be demolished and to provide the City the opportunity to orderly wind-up its operations within the 555 Areas. In addition to the City Manager's(or his/her designee's) Approval of the overall schedule of performance,the City Manager's(or his/her designee's) prior written Approval shall be required for"day of"timing for demolition of the parking areas within the Leased Property,the demolition of the 555 17th Street building and for demolition/reconstruction in connection with the Fillmore Improvements. Lessee and the City shall reasonably cooperate with each other so that Lessee's activities under this Agreement do not materially interfere with the loading dock operations of the Convention Center or the Fillmore Theater, or materially interfere with any ongoing operations at the Convention Center or the Fillmore Theater. In no event shall this Agreement confer any rights on Lessee with respect to any demolition or other construction activity for which this Agreei'nent expressly requires City Manager's (or his/her designee's) Approval unless the such activity has been Approved by the City Manager(or his/her designee). The City, as owner of the Early Access Areas, shall cooperate fully with Lessee regarding Lessee's activities under this Agreement, including, without limitation, executing all applicable applications for approvals and permits where the consent of the City(as owner of the Leased Property) is required,and executing utility easements, provided that any improvements contemplated under such applications and easements are consistent with the Approved Plans and the requirements of this Agreement. 4 8. Fillmore Theater. (a) Those portions of the Fillmore Theater delineated in yellow on the sketch attached as Exhibit "F" which is by this reference made a part hereof (the "Rehearsal Room") must be demolished and the Fillmore Theater's loading docks must be reconfigured to accommodate the Hotel Project. Prior to demolishing any portion of the Rehearsal Room the Lessee shall submit the following to the City for Approval by the City Manager (or his/her designee) in the City's proprietary capacity only (with all plans separately subject to approval by the applicable regulatory agencies having jurisdiction): (i) a set of the proposed plans (the "Fillmore Plans") for the demolition, reconfiguration of the loading docks(including temporary loading dock plan until the permanent reconfiguration is completed and phasing plan) and reconstruction of the exterior of the Fillmore Theater impacted by the proposed demolition (the "Fillmore Improvements"); and (ii) a schedule for the construction of the Fillmore Improvements and demolition of the 555 Areas; and (iii) a written agreement or other written confirmation among Lessee, City and Live Nation, approving the phasing plan for the work related to the demolition of the Rehearsal Room and reconstruction of the Fillmore Improvements,and any terms or conditions related thereto (including, without limitation, the terms for any limited closure of the Fillmore Theater, if any), unless the City Manager, at his or her discretion, waives the requirement for any such written agreement and otherwise provides Approval for day-of timing for the demolition of the Rehearsal Room or reconstruction of the Fillmore Improvements, in accordance with Section 7 herein (b) The Lessee shall coordinate with the City Manager(or his/her designee)the day-of timing of any and all interruptions of the HVAC, electric, sanitary or other systems or utilities serving the Fillmore Theater caused by the Lessee's performance of the Fillmore Improvements so as to minimize the impact of such service interruptions upon the Fillmore Theater operations. 9. Insurance. During its period of use of the Early Access Areas, the Lessee shall maintain insurance on the Early Access Areas as required by the Lease Agreement (provided that, except with respect to any vertical construction of the Hotel, the only insurance required with respect to the Early Access Areas shall be public liability insurance and if applicable, automobile liability and workers' compensation/employers liability insurance,with respect to the Lessee's and the Lessee Parties'use of the Early Access Areas, and may be maintained by Lessee's general contractor(s) or other applicable Lessee Parties. Such insurance policy shall name the City as an additional insured and loss payee (with respect to property coverage, if any) thereunder, and for all work involving the Fillmore Improvements, such insurance shall name the operator of the Fillmore Theater as an additional insured thereunder; shall be written by insurance companies licensed to do business in Florida and with an AM Best rating of A- or better; and must specify it is not subject to cancellation or non-renewal without a minimum of 30 days notification by the insurer to the City with a copy to the attention of Risk Manager,1700 Convention Center 5 Drive, Miami Beach, Florida 33139("Risk Manager"),with a minimum of 10 days notification by the insurer to the City and the City's Risk Manager prior to cancellation or non-renewal for non-payment of premium. Prior to any entry onto an Early Access Area the Lessee shall provide the City with a certificate of insurance evidencing said coverages, provided, however,the operator of the Fillmore Theater need not be added as an additional insured until commencement of the Fillmore Improvements. Where permitted by law, each party hereby waives all rights of recovery by subrogation or otherwise(including,without limitation,claims related to deductible or self-insured retention clauses, inadequacy of limits of any insurance policy, insolvency of any insurer, limitations or exclusions of coverage),against the other party,and its respective officers,agents,or employees. 10. Indemnity and Hold Harmless. The City is to be free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of any of the Lessee Parties' use of the Early Access Areas, including any liability for injury or death to the person or property of any of the Lessee Parties or to any property under the control or custody of any of the Lessee Parties. Lessee hereby covenants and agrees to defend and indemnify the City and save the City harmless from any and all liability, loss, costs, or obligations on account of, or arising out of, any such injury or losses caused or claimed to be caused by the use of the Early Access Areas by the Lessee Parties or caused by the Lessee Parties in connection with their activities under this Agreement, however occurring (including, without limitation, any liability for Material Disruptions (as such term is currently defined in Section 11(i) of that certain Third Amendment to Management Agreement between the City and Live Nation Worldwide, Inc. ("Live Nation"), dated May 6, 2016) to Live Nation caused by the Lessee Parties, or any liability or other obligation by virtue of City having executed,in its proprietary capacity,any permit application to facilitate Lessee's use of the Early Access Areas), in each case except to the extent caused solely by the willful or grossly negligent acts or omissions of City or the other City Parties. 11. Maintenance Repair. The City shall be responsible for the maintenance and operation of all Early Access Areas at the City's sole cost and expense, provided, however, upon Lessee's commencement of any demolition of any improvements located within the Early Access Areas, the City shall no longer shall be responsible for the maintenance of such improvements. Lessee shall be responsible for any damage to the Early Access Areas or any property of third parties resulting from the exercise or use of the Early Access Areas by the Lessee or the Lessee Parties, including but not limited to soil erosion, subsidence or damage resulting therefrom; provided, however, in no event shall Lessee be responsible for the maintenance, repair or restoration of any of the Early Access Areas or any improvements now or hereafter located on or installed therein (except as expressly provided herein, and except that, if this Agreement and the Lease terminate, the Lessee shall cooperate with the City in connection with the assignment to the City of warranties with respect to improvements installed by the Lessee ), nor shall Lessee be responsible for the discovery, exposure or release of hazardous substances or materials in, on or about the Early Access Areas that are not introduced to the Early Access Areas by Lessee or the other Lessee Parties, except only to the extent applicable environmental laws or permit conditions of regulatory agencies having jurisdiction expressly require mitigation with respect to the work the Lessee actually performs within the Early Access Areas. Notwithstanding anything herein to the contrary, Lessee (1) is not undertaking any obligations of the City under that certain Brownfield Site Rehabiliation Agreement between the City and Miami-Dade County, dated on or about October 1, 2018, solely by virtue of this Agreement,and (2)shall not be obligated to demolish any improvements it installs or constructs within any of the Early Access Areas, or to restore any existing or future improvements it may demolish (and Lessee shall not be responsible to any Person for"damage" to such improvements); provided, however, if (a) the Lease Agreement is terminated prior to the Possession Date or (b) this Agreement is terminated pursuant to Sections 13(iii) or(iv) of this Agreement and if required by the City 6 Manager, then: (i) Lessee shall promptly re-construct that number of parking spaces within the Leased Property that Lessee demolishes and shall perform any other work necessary to cause the parking areas demolished by Lessee to comply with applicable City of Miami Beach Code, including, without limitation, landscaping, lighting, irrigation and other improvements, as may be necessary for the operation of the parking lot(for avoidance of doubt, in connection with any such parking lot restoration, Lessee shall not be responsible for relocating or replacing trees,or paying mitigation costs with respect to trees,except to the extent applicable City of Miami Beach Code expressly requires Lessee to relocate or replace trees or pay mitigation costs with respect to trees,as required for completion of a code-compliant parking lot); (ii) if Lessee shall have commenced actual demolition of the Rehearsal Room,then Lessee shall complete the Fillmore Improvements in accordance with the Fillmore Plans; (iii) if Lessee shall have commenced any work within the Off-Site Areas (other than with respect to the demolition of the Fillmore Theater and demolition of improvements located within the 555 Areas in accordance with Section 8 of this Agreement and construction of the Fillmore Improvements as contemplated under this Agreement) or Right-of-Way Areas, Lessee shall promptly restore the Off-Site Areas and Right-of-Way Areas such that they provide the same function as existed prior to the commencement of such work; and (iv) if Lessee shall have commenced the actual demolition of the 555 17th Street building , then Lessee shall complete the demolition in accordance with the demolition permit. Lessee shall not cause liens of any kind to be placed against the Early Access Areas or any portion thereof; provided however, any such lien shall not trigger a default by Lessee hereunder if Lessee bonds or discharges any such lien within forty-five(45)days of filing. 12. Ownership. City covenants, warrants and represents that it is the fee simple owner of the Early Access Areas, and has the right, title, and capacity to grant the rights and easements granted herein, subject only to liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Leased Property, whether or not of record. The Early Access Areas are subject to all liens,encumbrances, covenants,conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Leased Property,whether or not of record. The use of the word "grant"shall not imply any warranty on the part of the City with respect to the Early Access Areas. 13. Termination. This Agreement will terminate on the earliest of(i)the Possession Date, (ii) termination of the Lease Agreement, (iii) notice from the Lessee to the City or(iv)the Outside Possession Date, unless otherwise extended by the City Manager(or his/her designee) in writing. If this Agreement is terminated pursuant to Section 13(ii), 13(iii), or 13(iv) herein, Lessee shall diligently complete all work contemplated pursuant to Sections 11(i) (iii) of this Agreement. 14. Lessee To Proceed at Lessee's Sole Risk, Cost and Expense. Lessee acknowledges and agrees that, by requesting to use the Early Access Areas prior to Lessee's obtaining final non-appealable development orders for the Hotel Project, or prior to satisfying the Possession Conditions as set forth in the Lease Agreement, Lessee is proceeding at its sole cost and expense, and assumes all risk that the Possession Date shall not occur; provided, however, nothing in this Agreement shall be deemed to limit the rights and remedies of Lessee and the City under the Lease Agreement. Nothing herein shall obligate the City to(i) pay or reimburse Lessee,or assume any liability,obligation,or cost or expense,with respect to any of the activities contemplated under this Agreement, (ii) take any action or provide any approval whatsoever with respect to the Hotel Project (either in the City's regulatory or proprietary capacity), or (iii) otherwise proceed with respect to any matter relating to the Hotel Project, in each case except as expressly provided for in this Agreement or in the Lease Agreement. 7 15. No Implied Interest. In no event shall this Agreement be construed to confer on Lessee any legal or equitable interest in the Leased Property except as expressly set forth in this Agreement. 16. Florida Laws Prevail.This Agreement shall be governed by the laws of the State of Florida. If any term, covenant, or condition of this Agreement or the application thereof to any Person or circumstances shall to any extent, be illegal, invalid, or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity or becomes unenforceable because of judicial construction, the remaining terms, covenants and conditions of this Agreement, or application of such term,covenant or condition to Persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law. To the extent there is a Development Dispute arising out of or relating to this Agreement, such Development Dispute shall be resolved by the arbitration provisions of the Lease Agreement provided that the Lease Agreement specifically provides for arbitration of such Development Dispute. In any such arbitration or in any legal action brought by either Party because of a breach of this Agreement or to enforce any provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and paralegals' fees and costs, including those incurred in subsequent actions to enforce or vacate an arbitration award and those incurred on the appeal. 17. No Conflicts of Interest/City Representatives not Individually Liable. No member, official, representative, or employee of the City shall have any personal interest,direct or indirect, in this Agreement, nor shall any such member, official, representative or employee participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested. No member, official, elected representative or employee of the City shall be personally liable to Lessee or any successor in interest in the event of any default or breach by the City or for any amount which may become due to Lessee or successor or on any obligations under the terms of this Agreement. 18. Notice. A notice or communication, under this Lease by the City, on the one hand, to Lessee, or, on the other, by Lessee to the City shall be sufficiently given or delivered if in writing and dispatched by hand delivery, or by nationally recognized overnight courier providing receipts, or by registered or certified mail, postage prepaid, return receipt requested to: (a) Lessee. In the case of a notice or communication to Lessee if addressed as follows: To: MB MIXED USE INVESTMENT, LLC 2665 South Bayshore Drive Suite 1020 Coconut Grove, Florida 33133 Attention: David P. Martin and Ellen Buckley with a copy to: Gangemi Law Group, PLLC 2665 South Bayshore Drive Suite 1035 8 Miami, Florida 33133 Attention: Laura Gangemi Vignola, Esq. and to: TB MBCC Hotel Investment LLC 19501 Biscayne Boulevard,Suite 400 Aventura, FL 33180 Attention:Jackie Soffer with a copy to: TB MBCC Hotel Investment LLC 19501 Biscayne Boulevard,Suite 400 Aventura, FL 33180 Attention: Legal Department/Mario Romine (b) City. In the case of a notice or communication to the City, if addressed as follows: To: City Manager City of Miami Beach, Florida 1700 Convention Center Drive,4th Floor Miami Beach, Florida 33139 With Copies To: City Attorney City of Miami Beach, Florida 1700 Convention Center Drive,4th Floor Miami Beach, Florida 33139 Notices personally delivered or sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given five (5) days after deposit in the U.S. mails. The terms of this Section shall survive the termination of this Agreement. 19. Titles of Articles and Sections. Any titles of the several parts and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 20. Counterparts.This Agreement may be executed in counterparts, each of which shall be deemed an original.Any such counterparts shall constitute one and the same instrument.This Agreement shall become effective only upon execution and delivery of this Lease Agreement by the parties hereto. 21. Successors and Assigns.This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the City and Lessee. 9 22. Entire Agreement. This Agreement and its exhibits constitute the sole and only agreement of the parties hereto with respect to the grant of access to the Early Access Areas and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations with respect to the grant of access to the Early Access Areas that are not expressly set forth in this Agreement are of no force or effect and are merged into this Agreement. For avoidance of doubt, this Agreement does not constitute an amendment or modification of the Lease Agreement. 23. Amendments. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 24. Waiver of Consequential Damages. Notwithstanding anything contained in this Agreement to the contrary, in no event shall either party be liable to the other for any consequential, exemplary or punitive damages. 25. Construction. (a) All of the parties to this Agreement have participated fully in the negotiation and preparation hereof;and,accordingly,this Agreement shall not be more strictly construed against any one of the parties hereto. (b) In construing this Agreement,the use of gender shall include every other and all genders, and captions and section and paragraph headings shall be disregarded. (c) All of the exhibits attached to this Agreement are incorporated in, and made a part of,this Agreement. (d) The recitals to this Agreement set forth above are true and correct and are incorporated herein by this reference. (Signature pages to follow) 10 i IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed by execution of this instrument as of the day and year first above written. Witnesses: CITY OF MIAMI BEACH, a Florida munici.:il corporatio► Sign Name: By: 11.r Immy L Mo ales, City Manager Print Name: 12-a-1-0-e-- I CeN.-z_ 1. , e Sign Name: ' di ;,, Print Name: rt,r,1 _. '- 1 r`a APPROVED AS TO FORM &LANGUAGE a9. &FOR EXECUTION ATTES , "' _ al-.25-0% d t- sZ-.-4.: ',.-.-..-7;'^-, = ,I4,s ''.-2./ ! ` . -ice-- > CityAttomey r Date L7 ibzsi..-1; ••,. i Cit Clerk j, i ' i' .'v,n�,!Ut / �1-n`. t"S" I i �f I1 '.,v;,-- STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) 201 The foregoingtinstrument jvas acknowledged bef re me this . oda of F{.bru A..rq( by ;rri,, y .1elideSas Lily Ail utz4lerof C-1 CC 441'eeke. Pad? . I-fe is personally knowrf to me or has produced as identification and who did (did not)take an oath. f�..._.,.` L - Lre` —— — — NOTARYPUBLIC ,„:.•;;;; ;P4 YAMILEX MORALES , / 4 :z° �-0- Notary Public-State of Florida ' L `� [kis Commission if GG 071355 Oe'04'� x /14 t 4 .4 My Comm.Expires Mar 16,2021 I Type�"t)r Printed Name of Notary I ,°Fr;'O Bonded through National Notary Assn. Ih L' d My Commission Expires: Mari &, Serial No., if any: GG 071353' ACKNOWLEDGED AND ACCEPTED this I day of Mc`i`', 020 by: LESSEE MB MIXED USE INVESTMENT,LLC,a Florida limited liability company By: MB Mixed Use Investment Ho ngs Member, LLC, a Florida Ii, Ft ab y o , • jr,as manager Print Na v'e: -0 f Lhna itd-Q By: Da d a in Mana er Print e: ksbli Ci jet J By: TB MBCC Hotel Investment, LLC, a Florida limited liability company,as manager II► h By: Pri N 1 me/ ,c�tr.t '5;vruY y / Name: Viji y Print fr iL / !. / • Title: Authorized Signatory STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was cknowledged before me via physical presence or online notarization this3 day of A4A,r(Ji , 2020 by David Martin, as a manager of MB Mixed Use Investment Holdings Member, LLC, a Florida limited liability company, which is a manager of MB Mixed Use Investment, LLC, a Florida limited liability company , on behalf of such company. Such person is personally known to me or produced a4 �I� nti is I�,t ory, 0211 .40 iiiq�. SANDRA MARIA RAMOS I iNoryPUbllon State 9 f Florda Notary Public / ,I!orn ` My Comm.Expires Apr 30,2024 Comrrlisslon Number: • 4"'1'4033 Bonded through National NotaryAssn, I Commission Expires: J , 0. STATE OF FLORID-7C— COUNTY OF -j 034 t-D(,�.a The foregoing instrument was acknowledged before m viay physical presence or online notarization this L� day of )4C(i f) , 2020 by 1-1Q.riio ,.e vJlini, , as&-11/42aLEICInattAi of TB MBCC Hotel Investment, LLC, a Florida limited liability company, which is a manager of MB Mixed Use Investment, LLC, a Florida limited liability company , on behalf of such co p:ny, Such person is personally known to me or produced .s Id , j`tion. '�-. KIMBERLY RODRIGUEZ ��•� "� Notary Public �`' •: MY COMMISSION#FF998958 ''� ~� Commission Number: '•".'�'eF�d?9' EXPIRES June 27,2020 (407)398-0153 FloridallolaryServica.com Commission Expires: jar o2 .2 0,20 GLG 4818-9108-3698 v8 Exhibit"A" [Leased Property] 1 EXH BIT A BOUNDARY AND TOPOGRAPHIC SURVEY -- -- , F ?. .••J 4 [ • Ea •. e.0 • ABBREVIATIONS. LEGAL DESCRIPTION: '-'-•-' :(N• �, ,i. �: AS.-ASPHALT WM A PARCEL OF LA.LY010 TS SECT.N.TIMM.53 4.111.Ro.42 EAST.CITY OF WI.BEACH. _ c x.♦s,NFxr _AGE Al TIE f.THMST CIMIER»OF LO ACCORDING TO THE m01002 PLAT OR GOV COURSE- SURVEY SITE s:. s\ i �] [ u.RD NTT E cw.,N. usc.ADA-2-ALUMINum DISC IN COMRETE COMM.D. BFME.1.804 0..GE AL.c IRE EASTERN EDGE we Cf ATASTING 15 MT/.ws SM..Thr L.A.THE LAST OK OF CONTATI.1 CENTER DAM AS N.LAM OJT Asp LA .- ! s / • .• :ILIA =am'ORA' RMUS OF MOD FELT.A.ORD OR.KARS 102111.1-..ITTEATTE NOTTKASTERLY A.TG TM AOC Of SAD CARTA•OSTA.OF 42.10 MM.114110.11•COM.poL.LE OF MR.,INEAGE.REITTRE A DISTANCE Cf 1 i..] I I I .. u)lET.A DISTANCE Of 101.AI MEI TO THE Kr..K A urzD A.FELO MASuREYONTS a •� •_• MM.0.1 CURTI CON..10 TOE NORTHEAST CB .0.11AST xc A Ma.POINT BMX OF S.A. 13 DS MIT TO A MINT ATERGOTER WERT.TO AS 10.00 MEL A MM6 ARCH BEARS x47•0133.. THENCE NORTHWESTERLY ALONG At AI SAID CwVE A DIST,„[[a.2 le FET.TINC.H A CENTRAL AIME a i:.._ I - i l.. CORNER RECOCD .0.0 DISTAME RD P PARCEL CON,AMf 11Dw4 sw.uN MET OR 2.55 ACNES MPI OR LE.. _ ' i !- CS 0.1.014CL TOGETHER ATI _ CAP-CORRUGATED ,AL PPE (1"PATH PARCEL Of a).'nAv.'LP'AS 11 PPS*RANGE 040)4*.•AMMO20M.CITY OF "T ELEVAH. TION 5222122EMY COAL,0.4 ARRAN ARIr LOWER DMMDOff IMAM.THE Ia9rwA AT LOCATION SKETCH •RTICULAR.'00.1BED AS 4/w FEET,MENU Nr E DIST MEL r (NTS) DC-OEPRESSED CURB THE PONTCOR..CORNER a KO. MIP PONT ALSO BEw6.DIN,•A ro a A Axa a 2220 FF DANCE 638077 E A 614,80[[a 3 7. THENCE wD1.e W A a5„YO[a M.1 IE, SURVEYORS NOTES: -LEGAT.CES.IPTION MOWREO BY TI CLIENT DU T.DEPRESSED ORR T WMT - LIES w SECTION M.TMNSM 53 SOUTH.SAWS 42 EMT,DIY OF MAIM BEACH.MAR-MBE CORM FLO.. RR BOUNDARY.BL-23.118.(NAND-IBM) X115 OM COTTER - TARE.Aa AS1.10 Aka 2[1[,[X[[6 TO THE wlAar 11.10-0E-MY Lw a 179 ST.,204 20 TO BEM ROTC•FOUND MASS DSCIN rz UP mot BOUXMM....AA(NAND-Lwl N6S30'38 2 /(MOOR COxSTNUCDM) xYW 53 F. p/�]/201e IwaACT-PRINK),AO LIXAT[D er 30.00' -u SHWA ARE.II MARRED BY 80,29,2 CMP6RAaw OR ATM urns TOW•FLORIDA DEPARTIOTT Of TRANSPORT.. r -B __.- ----- -LLEM[.MOR[ L AND wE MSED ON NORM AM...4 WRIGL MTD.a Tw IMw-YI.w0 ORION AK IN. TMIum �gj'29�Y3 W+?11 1 SOJ'29'22 E m WADI xAM a1x_w,w-w M v'.FLEY 5.(M8-w w NAT.un MOW,LOurz2 aur s[PA*",w AT MARiT°irAm Y•[�� I �.99�4� x.78' s[�r°An%Of i�Ort REHROMIO 10�wiFllz ci" e STORY •w (NAM-88).2.M.ANO MMu.LOCATED AT THE swTH EDI a TRAFFIC w PR� . NOT 3UBDMDED a OAK o PR.E AVENUE w IE ZM•wa/ia .-XL':°�wcR"�ET c N88'�1'48'E 568'Ot'48'W -TTAAL aN[wAws IIKt....ik 13 ! 30.01' PROPOSED SERVICE m•D AND n NSI M[.sw[0 US.A LtaL.c IxssRUMEx, Ail[[- S[MPTIM 1 (W.f.n CUEN1 _ µp5 s.s pIOM�LOCATED w FEDERAL FLOW:DIE AF ELEM.R.I.CwxuM,r PANEL xp.IIDw,-617)-L.Mu f _,�_ FOR REfEROECE) 287.18' • N8B'01'48.2 1 .597.49 - - ORO...a SURFACE slaw MTER.MAPA40 FLOW NOT KRT..IP SUR.. (W36 M.S. .& 310.54" ELMATIONS a AR RIOT'S A I o NT Nn. NIC L..MO.u6 e.rmass,aHn[ns --.=".• POW SLIM) • eA. ME FON REFERENCE m0 ARE MOT.0.TO SCALE • ES 7E1 A.DECIMALS aEOF UNLESS 0/10.1K NO.. 'IsuATARrwBEEq q G! �•LAva.YOw.wu 6-SYMBOLS OHO. nxEREw a.s uLOA.` rRw MELD I.MM.IMa xaMc A roTAL STAT.ELEn.MW DISTA«a ,.40.00' 0•90'05'48- mxsi[uw).wEss pTAeMss YOrzp rzRE _NM• �w A.62.90' `\\\ LtcT.ac 6ISTANa I♦.M[.RMT NwN Aa<ss IDI.vER n.r CB.56.62''S4'E I \,° D uxLFss pTH[2Mss NOTED "[21°"'E"E 1'E`6 LOCATED US.A TOTAL sum E "n RECORDS eppx S;L CD 56.62' I (POMADED n(4001 - s ARE T6 ME M1MIM FACE a IAMµ.lawn.PM .uxena00Mo Fa8MMxs )rB TO I¢ruD:NCE7 ;ATI*. L A� 91095"4 Maw EI RE....ARA Aa Ton RE IF PONT Of.0211BECT. "MSH R #PG_ PACB Mo DMI:o��T F'aa"`L20022a..M,MIT °aw 6.NAa 4 E NOT SUBDIVIDED L +V'Ef' 1',Ear"1pi°' DIMDc saunwr;ALAI ,sriA:Dr.=VIIL i rr• MYOEYO9 o 1 TTAS MADE.THE SLAVOIC•TO _ .ORI x FARM wn10061*.1M...U.Trw.MT Tw.E INCORa w 0 i -LA AIA.o/"HASOR Me Wax aRRAT C.fan".it_ W.f.... WIRRAL RA.IATwiOr 66•1111 00ORT07 MPERT.06 I- 0. Ely MLmRE NI PACT ALL_ TH 9E•••.0 n L r 680 Mawr 602 NOT DIE DIY 1Rl-;,..:24. w 6 PARCEL A "A ICNs T6 n T �IRK R g B PROPOSED HOTEL SITE ;,,,,m(rzi ,TAAY Ti1E s: a.BESTi'I" Enw,MDIs PROPERTY Fwm w n.LAM.OF THE Ole a MOM BEAM.rM-OAK 5-/1 a-M♦1 CI z 6 1)0,884 SQUARE FEET A' `M cwPuu O Mnic S MSED ON ME TITI e0Fa SMARR•ADE KA u:u°R:n MS MISU., - 8 2.55 ACRES ± rn AN M,[R 4,09¢4x7 DISTRICT TM R .22 F EVICTED ,1 A 7 r.HBY KAMM OCOJPATIC.Of F0.0 o 17ONTuSET w'TROL L21 L 0.03 FEET TEiruu"0 w wm : L T w MAN.TI IMIETT ItY KC MI IRMA TOO .S. SU•51•660/1F ''W 3 O o RnDMua IR[wv.T COOTS.THE M.A..LAMS.PUTATAAar Owe TDI ASTER Km..I acw"[Thar 11.•.TREE PODTECTI.]wa 2 - OR EIF�10 xs a�a-MY a OECD..MOM. Y TO O.M 1.• U S ML REVEAL MATTJECT w a [ TM r T FACTS MMT MA. DI:Cw4EDW CUNT IS.y•')M'µ10 ACCURATE TITLE 6 TwEo surzs + - ES INE LOCATEDI E 10.4.0.As Daw w,H[ME SEAR. C.T.1.o SwiP1116666 61..6 TROPPr°.LT TRIES a�LORCAM.w"M0[......RM.SD.TY W.A.F .L AR550206 14/anrRO AMC.,20L.A.[Pu a222 FI-twtN1.SSA TIE lw ASSES..owiW.m: EDBDA aea[0 N M.SC.vE w9EnM-20111-0175)T 0212 w v.pwpw n awl 10 KC w 01/04/2010. :-YORE ORless MOE(3)LAMS AM SNAIL MOT BE mwaan FULL...AR C N. TE UMI.uM SHEET R Pli14440 TO ME OLNER. Y IS LO-012. R.40.00' THE ANCE.c♦C a 29aCTRIT ORCHR 0-30 ESOT.•LEG.[REsaPT4Ca Pwr2a•MED PROPOSED..PAWL4 MAMc D.89'55'08- DATECT Mw%w/Il 201 ue8D6T.Eaar+APAC T MLsr a BEAM a.0 mw[.m CORov M Mw1r.UNO PIM. D 29 ♦ o I.A. o" P.�B A.62.78' M a 221101 MAMA 62-01(al TAW b-]a4fy 2,0X[0 TP BSc ON o4(U/wTB L . 002 l.uacLTON SEA.1,41 wAM Ol P.O.C. co-014701'33.W aw.0a.,0Rmr011. SOUTHEAST 4102'04'0019 1 CD 56.53' DIM Way Thal I.aM.x.e CORNER IAT 1. 39.94' -amp.M AND TSta..a LI.. _ __ 4186'00_51-E 388.16' _ • . sur.ono nd Sta..•F o,O,O. BACK 22 �� ro sur.0 AT ono andma DT a.DTPre FTM.F MB �-__ YOT.0.10 ■AuOf 588'00•SJ1Y b9.98' ......d... .. Mw.M4..nriM v-r]. wer�c•W.wMwl 1e 8 ROmf[ ICs S OLSIERLY PROLONCAT108 Of THE NORRIERL1'ROI LAE 8 AAAA . M 412.027. SIAw4w 21 i LICENSE NOT NE MAYA Ma PPORTOE,. LICENSED LIAMO SE.AND MAPPER. AI I 17TH STREET RMDP.ENBarFB ceNM9.m. (MIR 13e011AY.NIGHT M UT NOT fl48RIl CsMinSITAR.11.M..NL FL 03130 -v- 71 NMe RT 1NWMW.110.x1 II AWNu Tw4E.(MIsrR B-0000128 1]80• a I.�.DMI.PSN.w Hw VAsss E11.4EiISMi°1itl 0rT6 BEARS 1F 44 LIN Ya ane w0000,1 Ras[•0202 M/Ip/•B a 721. f N[IafaFHan CONVENTION CENTER DISTRICT _�BISCAYNE ENGINEER 220PI2BY w.ow .,,.66666 .._� .-:i,--f"i INBINIIRINI9 an AMME MireLM Es OEM.EN.if Fw DIN. Be]BB-MAs[f TAR 4-310-]Dlfrf • SURVEY OF PROPOSED MIAMI BEACH aREcr6R ROY COLEY w �*2,.. PUBLIC WORKS DEPARTMENT nrt[. •• ^•""` r e wNa; r2nARE T.von P ICs R e tea- a._tB-- Ya.a os-8849] CONVENTION CENTER HOTEL SITE RHO aTr ExaIER Lute wT6.vE SGLE 1 80(8061111 car LL*v.rMM"NABER NO NE 50 '" 0Y1 ,PPD BI m I e] Y DATE A x • w__MIL f 980 3 DI•M.Nw Y3- Exhibit"B" Right of way Area 1 EXHIBIT B BOUNDARY AND TOPOGRAPHIC SURVEY ,ptCONVEXTqBCENERTANEEOTVOFYaW10lEaII-.%lba IQ N. .. '1ST ''''''' .... ...... ..f1:::. '7::, .• 00,4,,,..",,.....,.._,.„,._,-, „,, _._ ,. NM Vr ”. . VriE...;-.15:r.,30. .313.:E .1;--4,-: .........- I III 0 10 A • .—•.= r." /fes.� ,...M. _ : .L A`-1 6 ..."0",A..I` ,,, •Y ' Y'N�F 0 SCALE EEO = r3• .� r/'3Qoa �."�IA. . l i � '6kt..nr:a.. .,1;,, uw { D=R 90.0 4008- 14 .... .f r/�� •43:1 ...,. ..N . // ��/� ._ °' ‘...),-1-3'? If A= 82.90' POINT'A' ;.'",....:1.1(31 YIQ•.. :tx i��/ , `, 'w{ CCB N4758.54.E ..N ,.�„ ........., fa, /I / Mg' I =CO 36... °•'• .Ens I. N.;a' �� I -- •-• .- —— ..- ""' 0) tnAA tr ` r" i ill 1Xcm 4213 rOFE G ,,J I ,.,,,,,,, ..,7 Elia. 0• /L' 7 .,+..... PARCEL A ./ f 2{ w - I .,� f ... PROPOSED HOTEL SITE i 4 S2• 11B,2.6 SQUARE FEW r«,•••777� iii „ " moon Ii o—, �T.v .,. .+. 8.66 ACRES 3 yT�y !r.!► ' .--,4 /tD ." °�(NOT SU BOIVIOE D) y+•L'' /'-'' { W 8 '-Ih ", ren —3.M.. a ".. (NOT SUBDIVIDE U. LINE TYPE I.."' Ca N :N"."Y" ..r,_ m. =0.....0„0.21) •29..r _�»:M.... .,. Q I c'` - .. .. -NR II 7 • .•P:.R. d.. »r.., r IS RIGHT 0 W.CENTER rE --- - 1 _ 'a m\. r.-CM ® ��N 1 ltg "� ,®.• ALICE GlER90N THEATER "� LINE NNE.* S [p a ..e�rel.Aa r,. ••'•+ TWO GLEASO THEAG Yg SIDEWALK AN } it 5 Oz 9 1 I -� /�• � 2 tT00 VOSTORY TO YBUI AVENUE id LIMITS or ELECTRICAL L.UNDERGROUND W..T.*; z ELECT.L=(UNDERGROUND WATER LINT UNDERGROUND "+,C•r• NE § 2 U3 8 ' I .....9•m 1 -® y° ! e o ®/ _\ .r aAu i` } IE CAPE LINE 6 6 TRESEIC SIGNAL COVEN/NICE 11OnNE LINGER R NN NDERGROUND ..,, _ 1 ®` 2 I -.- TIaR3 R1.UNG(RCRDUNG ` i • N •'" Y r--•'}A"• " . I .a.,.1 •N;:(No a°, r .... ,can {' I.,... ' 12 a .. i n... ,,,> .,2 °�J• ,.. .,n.., I.. E I E.r `"' .,1.1 x w .�... I r n I a �, I{ PA.B. . .. ��a n I •>• ONE STORY BUNGING S. y"� NOTA PART OF THE '1 a EN AMENDED PUT OF •„f ! p' ten."tY'II S, "y [may su %ate f I W 595 t1�R1vEEi n �e SUBJECT PROPERTY R 11 GOLF COURSE SUBDIVISION j' s ...". •U"+n °• ,..'ib.-[ "„ .V - ,...> ®� ” p yir + ,m„r.r,,,. ALTON BEACH if•• „ 1 ,.. •.» ®\ /GE YI REALTY COMPANY " ...o> •yyam� •� (PLAT BOOK S.PAGE 2B( NO2'04'0011. `-' ......a '' •ii,. ••� "� s.. ;� ow..room .,,..,3.r. RS l faro .I .,,..r w.r 7 LOT t.BLOCK ZZ "' 39.94' >. .•.�.... SD AC. .,. !® ®/I� .., ,m I �.r. 3 SOUTHEAST CORNER .. , tY " /®4..... ....,. '.enT n^,v;ti> f >. Imo/® k . .I ,.. s y ..... /® W '®' LOT 1,BLOCK 14 � I'C' i W __ ., mia,,. v �°N . 191\f�,., ref' :k® .,. . >�... .B .. - - - ' '.' 2 ,e ', 88'0053 " .NR,2 ,}i• 309.96Y - �.Jam'- t ,.. REFERENCE .• •Iee / 'D= 40 00' x:..709.,» I}K:r,\c roil „" N.E, •r»'to..T :,q ..,re ; .... . (t1 NE. ("N,� do '"R NG .2. R N8,00'53"tLJ!// D 8755 08 wa10 A- e2.78 I368.16' CB= N47'01'331./ .... MREa ra2olar,r 13.11321103r11321103rnL.2/N u[ NNP.316 - .,.w.....u. 4 CD= 56.53' ,.. i wN..i.I=3 m'r. 421 o` 313 •" ■ 17TH STREET .4 .'» E 3X3.323 Ea&BRl=3.13.0)101X3 BRN.s I....ROADWAY N0111 O..AT NOT oso.CATEYI N3rAIBRHOOo- CONVENTION CENTER DISTRICT JSGYNE —. `T 7ER 66.;I0_ND10.p R PUBLIC ... .M.IMBB.3.. a T `P MB. E° ENGINEER Of REGGAE> 3.TW,�Y.NN�EN 02 RE*40 ,F.G.Y r�. y 5 �MMLIC WORKS DEPARTMENT TITLE SURVEY OF PROPOSED MIAMI BEACH .. "'""'^ R.r.m van as ....,n„R.cos.R..,v...s..o-.n.N CONVENTION CENTER HOTEL SITE Acnes01.NONEER Lula solo,113 scALE , ,R rerAne wur.ic FwveT =�•(- M.-e--1E- G�A5-_ ETe =0/]0/2019 arr..1 2 N 3 q....,» Exhibit "C" NOT USED 1 Exhibit"D" Staging Area [See attached depiction of construction staging area] 1 Exhibit"E" 555 Areas [See attached sketch] EXHIBIT E 4 •_.. BOUNDARY AND TOPOGRAPHIC SURVEONVERTOR CENTER 3 STORY BUILDING Y ,N,CONVENTION MIAMI BEACH CENTER DRIVE.CTYOFMIAMIBEACCH FL 33139 s . IQ ry"i M m , • N=, ..�.� 3o 3e • =a�vl iR=" a A PART DEx " m ifiRkT �.,A. =x2 ~••,• ' .81_ -Ai" 1,, •Mt ••-• (NOT SUBDIVIDED) Mun[nr um s IZ O I �`,• •- u ..P .•. .... ..- ® Nw. DRRRNDd O:lElF11.r SUBJECT PROPERTY ..- J r NO3.29'22"W ' ' 303.29.22'E nRN9ll cwyENuc,ol> n 5399' A0Y/ACL 54.7v �Pf N IJ W 17. G,.. ..nl =•,r ..2 D 1488 01'48'E I rm::lnN:t u:,E Iw, (PER O44v1R+.V ,I4.! tr,rti P I In uxc FEET ,r;,.,, .n",. ��' .A'�e13.O5-\ ��5� to�,�I .», >ro,:� ,......., .......•...CONSTRUCTION) t Lp. \• ...'".. , t /..+ ; :3> w+l•`-s-••""'1" '" ,r:::.,.. UGI R=40.00. . •i:.O.B./l •• ., NM'01'48.0 jSIJ .-.. \ .>» ro 297.49' B : "(•.'''.- .3„ If { D= 91.05'48• . to ....,� F;,... 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