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Declaration of Restrictive Covenants in Lieu of Unity of Title 1) •6° 111111111111111111111111111111111111 liii 1111 V (j (::FN 2O19F4O765284- Prepared by and when recorded return to: RECORDED 12OR BY, 31721 P12 10-83 (24P9s) /10/2019 15.43244 HARVEY RUVIN, CLERK. OF COURT Raul J.Aguila,City Attorney i1)fift l -DADE COUNTY FLORIDA City of Miami Beach 1700 Convention Center Drive,4th Floor Miami Beach, Florida 33139 Folio Numbers: 02-3202-003-0120 02-3202-003-0060 02-3202-003-0110 02-3202-003-0050 02-3202-003-0100 02-3202-003-0040 02-3202-003-0090 02-3202-003-0030 02-3202-003-0080 02-3202-003-0020 02-3202-003-0070 02-3202-003-0010 (Space Reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL BYTHESE PRESENTS that the undersigned Owners hereby make, declare and impose on the land herein described,the following covenants that will run with the title to the land,which shall be binding on the Owners, their heirs, successors, assigns, personal representatives, mortgagees and lessees, and against all persons claiming by, through or under any of them. WITNESSETH: WHEREAS, 7450 OCEAN TERRACE LLC, a Delaware limited liability company,7436 OCEAN TERRACE LLC, a Delaware limited liability company, 7420 OCEAN TERRACE INVESTMENT, LLC, a Florida limited liability company, 7410 OCEAN TERRACE LLC, a Delaware limited liability company, 7400 OCEAN TERRACE, LLC, a Florida limited liability company, 7409 COLLINS AVE INVESTMENT, LLC, a Florida limited liability company, 7421 COLLINS AVE INVESTMENT, LLC, a Florida limited liability company, 7433 COLLINS AVE INVESTMENT,LLC,a Florida limited liability company,7439 COLLINS AVE INVESTMENT LLC,a Florida limited liability company, and 7441 COLLINS AVE INVESTMENT, LLC, a Delaware limited liability company, hold the fee simple title to certain property in the City of Miami Beach, Florida, located at 7409, 7421, 7433, 7439, 7441, and 7449 Collins Avenue and 7400, 7410, 7420, 7430, 7436, and 7450 Ocean Terrace, Miami Beach, Florida, and which is legally described in Exhibit "A" attached hereto and made a part hereof(the "Developer Property"); WHEREAS, 0TH STREETSCAPE, LLC, a Delaware limited liability company, holds fee simple title to those certain parcels of land, which are legally described in Exhibit "B" attached hereto and made a part hereof(the "Park/Streetscape Site"); WHEREAS, the Developer Property and the Park/Streetscape Site together form the "Development Site," which is legally described in Exhibit "C" attached hereto and made a part hereof; WHEREAS, certain of the Owners and the City of Miami Beach, a Florida municipal corporation (the "City"), entered into that certain Development Agreement dated as of July 31, 2019, a copy of 50546463:4 Declaration of Restrictive Covenants in Lieu of Unity of Title which is recorded in Official Records Book 31563, at Page 1201 of the Public Records of Miami-Dade County (the "Development Agreement"'); and WHEREAS, pursuant to the Development Agreement, OTH STREETSCAPE, LLC will develop, design and construct certain park/streetscape improvements for use by the general public on the Park/Streetscape Site, and the other Owners will construct a proposed mixed-use development on the Developer Property, consistent with the City's Land Development Regulations for the Ocean Terrace Overlay District and in accordance with the requirements of the Development Agreement (the "Project"); WHEREAS, the Owners may wish to convey all or portions of their respective properties separately from time to time, and may wish to develop the same in a condominium or non- condominium format of ownership and/or in one or more phases; and WHEREAS, this instrument is executed in order to assure that the development of the Development Site with future multiple ownership or phased development will not violate the Land Development Regulations of the City of Miami Beach. NOW THEREFORE, in consideration of the premises, the Owners hereby agree as follows: 1. After a site plan for the Development Site has been submitted and approved under the City's Land Development Regulations, the Development Site will be developed as a unified development site in substantial accordance with such approved site plan for the Development Site. No modification of such approved site plan shall be effectuated without the written consent of the then owner(s) of the portion or phase of the Development Site for which such proposed modification is sought and the Director of the City's Planning Department (such person, or any successor thereof, is referred to herein as the "Director"). No such then owner(s) nor the Director shall unreasonably withhold, condition or delay its consent, provided the proposed modification is in compliance with the Land Development Regulations. Should any such then owner(s) or the Director withhold, condition or delay its consent to any such proposed modification, then the owner(s) seeking the proposed modification shall be permitted to seek the same by application to modify the approved site plan at public hearing before the appropriate City board or the City Commission of Miami Beach, Florida (whichever by law has jurisdiction over such matters). Approval of such application shall be in addition to all other required approvals necessary for the proposed modification sought. Notwithstanding anything to the contrary contained in this Declaration of Restrictive Covenants in Lieu of Unity of Title (the"Declaration"): (a) if any building on the Developer Property(or portion of a building) is developed and sold to multiple owners in a condominium format or non-condominium format of ownership with an owners' association, then only the owners' association (as opposed to each individual unit owner governed by the owners' association) shall be required to give, grant or execute any consent, approval or document required by this Declaration, and such consent, approval or document as given, granted 2 Declaration of Restrictive Covenants in Lieu of Unity of Title or executed by the owners' association shall bind each and every individual unit owner in such building (or portion of the building) governed by the owners' association; (b) if the Development Site is developed in phases, then only the owner(s) of the phase(s) affected by the proposed modification shall be required to give, grant or execute any consent, approval or document required by this Declaration,and no consent,approval or document shall be required from the owner(s)of any phase(s) unaffected by such proposed modification shall be required; (c)the City shall not be required to obtain any consent, approval or document from any owner with respect to any proposed modification (including any subsequent zoning application) relating to the Park/Streetscape Site; and (d) this Declaration shall not create any additional obligations for the Owners (or their respective successors and/or assigns) to obtain any consent, approval or document from the City with respect to any proposed modification (including any subsequent zoning application) relating to the Development Site, other than the written consent of the Director for modifications to the approved site plan, as provided above. Nothing contained in the preceding sentence shall relieve the Owners(and their successors and assigns) from the obligation to obtain any approvals or authorizations from the City required by law or any other instrument or agreement apart from this Declaration. 2. If the Development Site is developed in phases, then each phase will be developed in substantial accordance with the approved site plan for the Development Site. 3. In the event the Owners shall convey any portion of the Development Site to any person or entity subsequent to site plan approval for the Development Site, each of the subsequent owners shall be bound by the terms,covenants, restrictions and limitations of this Declaration. Owners further agree that they will not convey portions of the Development Site to any other person or entity unless and until the Owners and such other person or entity shall have mutually executed and delivered, in recordable form, an instrument to be known as an "easement and operating agreement" which shall contain, among other things,the following easements to the extent required for the Development Site to be developed, constructed, conveyed, maintained and operated in accordance with the approved site plan for the Development Site despite the Development Site having multiple owners: (i) Easements in the common area of each parcel for ingress to and egress from the other parcels; (ii) Easements in the common area of each parcel for the passage and parking of vehicles: (iii) Easements in the common area of each parcel for the passage and accommodation of pedestrians; (iv) Easements for access roads across the common area of each parcel to public and private roadways; (v) Easements for the installation, use, operation, maintenance, repair, replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; (vi) Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; 3 Declaration of Restrictive Covenants in Lieu of Unity of Title (vii) Easements upon each such parcel in favor of each adjoining parcel for the installation, use, maintenance, repair, replacement and removal of common construction improvements such as footings, supports and foundations; (viii) Easements on each parcel for attachment of buildings; (ix) Easements on each parcel for building overhangs and other overhangs and projections encroaching upon such parcel from the adjoining parcels such as, by way of example, marquees, canopies, lights, lighting devices, awnings, wing walls and the like; (x) Appropriate reservation of rights to grant easements to utility companies; (xi) Appropriate reservation of rights to grant road rights-of-way and curb cuts; (xii) Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads; and (xiii) Appropriate agreements between the owners of the several parcels as to the obligation to maintain and repair all private roadways, parking facilities, common areas and common facilities and the like. These easement, reservation and agreement provisions (or portions thereof) will be waived by the Director if they are not applicable to the portion of the Development Site then being conveyed (such as, but not limited to, conveyances to purchasers of individual condominium units, or conveyance that are separated by a street or road). These easement, reservation and agreement provisions shall not otherwise be waived or amended without prior written approval of the City Attorney. In addition, the easement and operating agreement shall contain such other provisions with respect to the development, construction, conveyance, maintenance and operation of the Development Site as to which the parties thereto may agree, all to the end that although the Development Site may have several owners, it will be developed, constructed, conveyed, maintained and operated in accordance with the site plan approved for the Development Site. 4. The provisions of this Declaration shall become effective upon their recordation in the public records of Miami-Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years each, unless released in writing by the then owner(s) of the Development Site and the Director (acting for and on behalf of the City) upon the demonstration and affirmative finding that the same is no longer necessary to preserve and protect the Development Site for the purposes herein intended. 5. The terms, covenants, restrictions and limitations of this Declaration may be amended, modified or released by a written instrument executed by the then owner(s) of the Development Site (with joinders by all mortgagees) and the Director (acting for and on behalf of the City). Should this Declaration be so modified, amended or released, then the Director shall forthwith execute a written instrument effectuating and acknowledging such amendment, modification or release; it being acknowledged and agreed that no amendment, modification or release of this Declaration shall be 4 Declaration of Restrictive Covenants in Lieu of Unity of Title effective without the Director's written approval of, or execution of a written instrument effectuating and acknowledging, such amendment, modification or release. 6. Enforcement of the terms, covenants, restrictions and limitations of this Declaration shall be by action against any parties or persons violating or attempting to violate any such terms, covenants, restriction or limitation of this Declaration. The prevailing party to in action or suit pertaining to or arising out of this Declaration shall be entitled to recover, in addition to costs and disbursements, allowed by law, such sum as the Court may adjudge to be reasonable for the services of his attorney. As used herein,the term "prevailing party" means the party who receives substantially the relief sought upon final, non-appealable judgment, order, or other disposition of a court of competent jurisdiction.This enforcement provision shall be in addition to any other remedies available at law, in equity or both. 7. Invalidation of any term, covenant, restriction or limitation of this Declaration by a final, non-appealable order of a court of competent jurisdiction shall not affect any of the other term, covenant, restriction or limitation of this Declaration, all of which shall remain in full force and effect. 8. This Declaration shall be recorded in the public records of Miami-Dade County at the Owners' expense. 9. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 10. In the event of any violation of this Declaration, in addition to any other remedies available, the City is hereby authorized to withhold any future permits, and refuse to make any inspections or grant any approval, until such time as this Declaration is complied with. 11. This Declaration is recorded for the limited purpose of ensuring that the Development Site is developed as a unified development site under the City's land development regulations and is not intended to and does not modify, limit, or derogate any rights or privileges that may benefit the Development Site or any portion thereof, including, without limitation, any available exemption from or reduction in ad valorem taxation and assessments, nor does this Declaration prohibit the division of the Development Site into independent tax parcels and folios as the Owner may deem necessary or appropriate in its sole discretion, and all such rights and privileges are hereby expressly reserved. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK—SIGNATURE PAGES TO FOLLOW] 5 Signed, witnessed, executed and acknowledged on this /D day of December 2019. 7450 OCEAN TERRACE LLC, a Delaware limited liability company By: OCEAN TERRACE HOLDINGS, LLC, Pri t Nam : n'1 ►- a Delaware limited liability company, its sole memb: LizAhaii_ By: Print Name: n,.Ne. tiUinSerAti Sandor Scher Managing Director STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 1 day of December 2019 by Sandor Scher,as Managing Director of Ocean Terrace Holdings, LLC,a Delaware limited liability compa ~o e me .-r of 7450 Ocean Terrace LLC, a Delaware limi ed liability company. He is per .nally known . me or has produced as ident fication an. o did/did not take an oath. NOTARY 'UBLIC till, JULIANNE PRESS Nota Pubpc � Fianna Typ:d or pe& 'arra�rajjio �^" ?�.n'' M'!Carom.Expires Feb 6,2023 i• ,-Nadonai Notary Assn. My � ommis:ion e�pa�e6c>:____^ Serie I No., ' any 7436 OCEAN TERRACE LLC, a Delaware limited liability company By: OCEAN TERRACE HOLDINGS, LLC,a Delaware limited liability company, Print Name: n,(*R WiASa its sole member <--� By: i. Print Name: V1t..A. •lNl-1 1 Sandor Sc Managing Director STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of December 2019 by Sandor Scher,as Managing Director of Ocean Terrace Holdings, LLC,a Delaware limited liability company, thesutt--rem•- 7436 Ocean Terrace LLC, a Delaware limited liability company. He is p- onally known t• e or has produced 41\ as Iden • • . '•• . - • who did/did not take an oath. ' p NOT a RY •U BLI C JULIANNE PRESS Notary PuDllc"State of Florida u ••114 es eb 02 Typ d or p 'nted,N'a 0Q &7Q 'aAt� YnaFNctary2Assr... My Commis.ion expires Se ial No., i r any 7420 OCEAN TERRACE INVESTMENT, LLC, a Florida limited liability company By: OCEAN TERRACE HOLDINGS, LLC, Print Name: L(telt_ W��S`C�2� a Delaware limited liability company, its sole member 41119By: ire frint me: 64Sandor Scher Managing Director STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this - day of December 2019 by Sandor Scher,as Mana:i•: Director of Ocean Terrace Holdings, LLC,a Delaware limited liability company, the s.--= mem•er of 420 Ocean Terrace Investmentt�Yida limited liability company. - is personall own to me or has produced as identificati. an. • . did/did not take an oath. • NO ARY 'U B LI C JULIANNE PRESS (A7N-7*, . Notary Public-State of Florida -f:4 Commission#GG 299114 1.��d_ y c mm.E><Ptres relit 6,2021 Ty•ed or p inted aiThregsai gcaterro ^a'Notary y Comm ssion expires: S-rial No , if any 7410 OCEAN TERRACE LLC, a Delaware limited liability company By: OCEAN TERRACE HOLDINGS, LLC, Print Name: -1-.)( ns • U, &Le( a Delaware limited li..%ility company, its sole member de By: Print am • ;UA.. Sandor Scher Managing Director STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of December 2019 by Sandor Scher,as Managing Director of Ocean Terrace Holdings, LLC,a Delaware limited liability compan • - • e em•- of 7410 Ocean Terrace LLC, a Delaware ' ed liability company. He is .-rsonally kno • o me or has produced as i•- ' • - and who did/did not take an oath. IL _ OTA'Y PUBLIC ' JULIANNEPRESS • SoucyPubiiC State of Fonda Commission x CG • Feb 6,2013 Typed or ttrinted Nap d(AGNot�' Nat coal Notary Asar. My Comm ssion expires: Serial No. if any 7400 OCEAN TERRACE, LLC, a Florida limited liability company By: OCEAN TERRACE HOLDINGS, LLC, Print Name: -D.evIt Q GtAISCI•c,( a Delaware limited liability company, its sole member 40 By: L-- Print Na+Ae: San.or Sc er Managing Director STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of December 2019 by Sandor Scher,as Mana:ing Director of Ocean Terrace Holdings, LLC,a Delaware limited liability company, the e - m_ember .f 7400 Ocean Terrace, LLC, a Florid • • iabi ity company. He is personall nown to e or has produced . as identifi .tion an. o did/did not take an oath. PRESS N•TA'Y PUBLIC _>' Notary Public•State of Florida . � !' Commission$GG 299114 .` ' My Comm.Expires Feb 6,1027 eC t.rCL•. . •nal sctarf Ass-. yped o printed Narh.e My Co r mission expires: - o., if any 7409 COLLINS AVE INVESTMENT, LLC, a Florida limited liability company Atm,/ By: OCEAN TERRACE HOLDINGS, LLC, �/�nS�(-� ' a Delaware limited liability company, Print Name: h4 c"�1 its sole member of By: Print-Name: 31:%o.ri - Sandor Scher Managing Director STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of December 2019 by Sandor Scher,as Managing Director of Ocean Terrace Holdings, LLC,a Delaware limited liability company, the se. - ber of 7409 Collins Ave Investment, LLC, a Florida limited liability company. - is persona • nown to me or has produced as identificat on a • o did/did not take an oath. i t NoTA'Y PUBLIC „. JULIANNEPRE ',a:V.,. Notary Public-State°29911^da PGG Com ` ` mission Feb 6.2013 -`r .'res ry Ass, NatICra, 'yped or •rinte• Name r kh My Corn ission expires: Serial Ne., if any 7421 COLLINS AVE INVESTMENT, LLC, a Florida limited liability company /6(4/tegid______ By: OCEAN TERRACE HOLDINGS, LLC, a Delaware limited liability company, Print Name: �>(1ise W its sole member By: / Print .me: ku%)-Q A no Sandor Scher � Managing Director STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of December 2019 by Sandor Scher,as Managing Director of Ocean Terrace Holdings, LLC,a Delaware limited liability company, the s. - me o A %1 Collins Ave Investment, LLC a-F ori limited liability company. He s personall •. n to me or has produced All as identification a• • T' o did/did not take an oath. NeTAR PUBLICEY;,PY•o JULIANNE PRESS g ;: t;, Notary Public-State of Florida ` t Commission;GG 299114 1 -r o°nr:' , Culnni.E..Vo FcN 6,2023 'yped or printed Name_�t t 7_'"otarLti. I My Com- ission expires: Seria 'to., if any 7433 COLLINS AVE INVESTMENT, LLC, a Florida limited liability company By: OCEAN TERRACE HOLDINGS, LLC, Print Name: -D., ,S(, (4.101SCAi a Delaware limited liability company, its sole member By: -13177t Name: sc.;,1k ,.,.,w Sandor Scher Managing Director STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 1 day of December 2019 by Sandor Scher,as Managing Director of Ocean Terrace Holdings, LLC,a Delaware limited liability company, the sole m- •er f 74 Collins Ave Investment, LLC, a Florida limited liability company. He is persor(ally kno to me or has produced as identification and who •'• •id not take an oath. Atik JULIANNE PRESS N• A PUBLIC :�*' hNotary Public-State of Florida f'__ Commission X GG 2991 t a pires Feb 6.2023 OT ped or printed Nam of rNcft r°"0"""`"'""' y Com ission expires: Serial ►.o., if any 7439 COLLINS AVE INVESTMENT LLC, a Florida limited liability company fe:zI By: OCEAN TERRACE HOLDINGS, LLC, Print Name: -Ipy Se Gui✓sel_c( a Delaware limited liability company, its sole member i.�i • By: Print ame: ► Sand or Scher • Managing Director STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 1 day of December 2019 by Sandor Scher, as Managing Director of Ocean Terrace Holdings, LLC, a Delaware limited liability company, the sole ea-. •_•- • 439 Collins Ave Investment LLC, a Florida limited liability company. He i e- sonally kn• n to me or has produced as identificatio' and who S'• did not take an oath. usw fie)oN le'Jo7eti“S•17.1:oaoJop N IITARY 'UBLI EZDZ'9 qaj saJidx3 ,Jwo)Aw w :1 Z 97.uo�ss� wo� ;W,.G•_ epuol j o553alel5tld3h fi-ni7A.e:ON o;; cd Yr.`s 'yped or p int y Corn ssion expires: .erial Ne., if any 7441 COLLINS AVE INVESTMENT, LLC, a Delaware limited liability company By: OCEAN TERRACE HOLDINGS, LLC, Print Name: h► (fi:Ac�a-( a Delaware limited liability company, its sole member - p By: Print Name: he �•9-a-w1•Q• Sandor cher Managing Director STATE OF FLORIDA SS: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of December 2019 by Sandor Scher,as Managing Director of Ocean Terrace Holdings, LLC,a Delaware limited liability company, the so em er of 74. Collins Ave Investment LLC, a !aware limited liability company. He is ersonally know. o me or has produced as identification a : who :•• •I. not take an oath. OTA P = UUANNE PRESS (.� NQta"l PULdc• State a9}9F1 loie4n da yped o N„pcg- a ,•NG®tlary3 My CO • Bate[;-roug- .rctary assr. eri o., if any OTH STREETSCAPE, LLC, a Delaware limited liability company )14)61Al- .� By: OCEAN TERRACE HOLDINGS, LLC, eI a Delaware limited liability company, Print Name: I(y�(), (A)Lh.Sci its sole member illif - _ By: 1 Print me: _ • li • f , : • Sandor Scher '_ Managing Director STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this(__ his day of December 2019 by Sandor Scher, as Managing Director of Ocean Terrace Holdings, LLC, a Delaware limited liability company, the sole;;- •.•er of OTH Streetscape, LLC, a Delaware limited liability company. He is personally kn.•.� ._ • e or has produced ox /f as identification and who di: e • not take an oath. NO 'ARY 'UBLIC - -------- — .� r JLUANNE PRESS 4 �P/.K\ Notary Public State at Florida '.t ):ii, Car., Mie.,-CC2v9iia Ty•ed or .rinted f,a e f'hJvta ras Feb E,2023 crcec:^�cL5:Yatcra�vcta,4ssr. My Comm ssion eX)71T2s- ——— — — — — S:rial No , if any Approved: Approved as to form & language &for execution: ti 1 I II Ig1411 ‘ /...\hAtcl Director of Plannin: Date City Attorney () ,q f Date EXHIBIT"A" Legal Description of the Developer Property Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 in Block 1 of TOWNSITE OF HARDING, according to the Plat thereof, as recorded in Plat Book 34, Page 4, of the Public Records of Miami-Dade County, Florida. EXHIBIT "B" LEGAL DESCRIPTION: A portion of the Right—of—Way of 74th Street, 75th Street and Ocean Terrace that adjoins Lots 1 through 7, 8 and 14, Block 1, TOWNSITE OF HARDING, according to the Plat thereof, as recorded in Plat Book 34 at Page 4, of the Public Records of Miami—Dade County, Florida, being more particularly described as follows: Begin at the Southeast corner of said Block 1; thence N 02'58'50" W along the East line of said Block 1, also being the West Right—of—Way line of said Ocean Terrace (First Avenue per Plat Book 34 at Page 4) for 350.00 feet to the Northeast corner of said Block 1; thence S 86'59'28" W along the North line of said Block 1, also being the South Right—of—Way line of said 75th Street, (First Street per Plat Book 34 at Page 4) for 296.00 feet to the Northwest corner of said Block 1; thence N 02'58'50" W along the Northerly prolongation of the West line of said Block 1, also being the East Right—of—Way line of Collins Avenue for 40.00 feet; thence N 86'59'28" E along the North line of Government Lot 7, lying in Section 2, Township 53 South, Range 42 East, also being the North line of Plat Book 34 at Page 4 for 356.00 feet; thence S 02'58'50" E along the East Right—of—Way line of said Ocean Terrace (First Avenue per Plat Book 34 at Page 4) for 420.00 feet; thence S 86'59'28" W along the centerline of said 74th Street (Second Street per Plat Book 34 at Page 4) for 356.00 feet; thence N 02'58'50" W along the Southerly prolongation of said West line of Block 1 and East Right—of—Way line of Collins Avenue (Second Avenue per Plat Book 34 at Page 4) for 30.00 feet to the Southwest corner of said Block 1; thence N 86'59'28" E along the South line of said Block 1, also being the North Right—of—Way line of said 74th Street (Second Street per Plat Book 34 at Page 4) for 296.00 feet to the Point of Beginning. SURVEYOR'S NOTES: — This site lies in Section 2, Township 53 South, Range 42 East, City of Miami Beach, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of N 02'58'50" W for the centerline of Collins Avenue. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — Lands shown hereon containing 45,920 square feet, or 1.054 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 #2016-170—NGVD. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on November 22, 2019, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC., LB3653Digitallysigned by Daniel C Fortin D a n i e I C DN:c=US,o=ldenTrust ACES Unaffiliated Individual,cn=Daniel C Fortin, By" 0.9.2342.19200300.100.1.1=A01097Suel Fortin, For The Firm Surveyor and Mapper, LS6435 Fort" n C00000161773B91FA0000E42F State of Florida. Date:2019.12.03 14:29:39-05'00' Drawn By MAP " LEGAL DESCRIPTION, NOTES& CERTIFICATION Date 11/22/19 Cad. No. 190176 Scale NOT TO SCALE Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 191077 2016-170 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-007—T 180 Northeast 168th. Street/North Miami Beach,Florida. 33 162 Plotted: 1 1/22/19 1:31 p, Phone:305-653-4493/Fax-305-651-7152/Email fls@flssurvey.com Sheet 1 of 3 EXHIBIT"B" — No 90' 75TH STREET [C TM s � N86'59 28 E 356.00' yy (PUBLIC R#C#T OF WAY}. � GONFIOSERRRIMAAENNTT L-OOTK �:. T: STREET-#AT BOQ 34P AGE 4).` SEC1 25342& Ip': ::::;::..::.: SOtTRGT WAY U NLINE :.: ::,..::;., :tF75>TSRET .AT9OK3+FhE:>%:2';r,<;ii;:,::': ..... 7 N.W. CORNER NORTH LINE N.E. CORNER OF BLOCK 1OF BLOCK 1 LOT 1 OF BLOCK 1 O W I LOT 8 V1 w ao y CV" z LOT 9 g I o GRAPHIC SCALE LOT 2 '" N I� 0 30 l 120 r I 1 innh = 80 ft. LOT 3 "rS:':` :: ::::r:''? ?>s>z W WEST LINE LOT 10 EAST UNE OF BLOCK 1 OF BLOCK 1 .-:.- ':>: `'': qi- Z m I ¢ TOWNSITE OF HARDING S: W m I PLAT BOOK 34 PAGE 4 LL LOT 11 :-.:--c..:::fe: :::..E-:.:...•:: LOT 4 .... : ;;::;:;:: 5 = w :s:.:::.�,�F��, aC.... .:.......-. CJ < m ` .:':'.:::::mak::::::;:'::' Z w J 3< 'BLOCK ; :; QE 1 m LOT 12 LOT 5 :;:;>.t« ; J z n 5 z o; ;: :;>r»:60::s;T„,„ ::::.:::::::::::::::::::: Lor s �.:::::::::::::.....4�` LOT 13 : : > :<= : = . III'N'Illi - • ~ IIII o III NORTH RIGHT OF WAY LINE LOT 7 �. :;:;:; .;::; N gill H IIII of 74TH STREET POINT OF »? '»?.'k ; -.... I LOT14 BEGINNING =>_ »' »: ='»> �><_: S.W. CORNER SOUTH UNE S.E. CORNER OF BLOCK 1 OF BLOCK 1 OF BLOCK 17 " N86 59 28 E I ! 296.00' NO2.5850 W q:,:> a L..� : 30.00' \':>:: n: 74 'STREET CExTERU•?Ne of :..............:;.ff �PUBtLiC tstG1-#T at=W } ; 74Th sTRI S86'59'28"W (SECOND STREET-PLAT BOOK 34 PAGE 4) 356.00' O 'Drawn By MAP "1 SKETCH OF DESCRIPTION 1 Date 11/22/19 Cad. No. 190176 Scale 1"=60' Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 191077 2016-170 CONSULTING ENGINEERS, SURVEYORS&MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-007—T 180 Northeast 168th. Street/North Miami Beach,Florida.33162 `Plotted: 11/22/19 1:31pJ Phone:305-653-4493/Fax 305-651-7152/Email flsQflssurvey.com \Sheet 2 of 3 EXHIBIT "B" 75TH STREET = � ---_- w ®LOCK 1 z D a W U Q QMIMs 0 « U i 74TH STREET Z _'. ~ w z = U Q w , z a w U O 73RD STREET 72ND STREET i 'UI', Drawn By MAP -, LOCATION SKETCH Date 11/22/19 Cad. No. 190176 Scale NOT TO SCALE Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 191077 2016-170 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-007—T 180 Northeast 168th. Street/North Miami Beach,Florida. 33162 Plotted: 11/22/19/22/19 1:31 p, Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com Sheet 3 of 3 J EXHIBIT"C" LEGAL DESCRIPTION: A portion of the Right—of—Way of 74th Street, 75th Street, Ocean Terrace and Lots 1 through 13, Block 1, TOWNSITE OF HARDING, according to the Plat thereof, as recorded in Plat Book 34 at Page 4, of the Public Records of Miami—Dade County, Florida, being more particularly described as follows: Begin at the Southwest corner of said Block 1; thence N 86'59'28" E along the South line of said Block 1, also being the North Right—of—Way line of said 74th Street (Second Street per Plat Book 34 at Page 4) for 146.00 feet to the Southwest corner of said Lot 7; thence N 02'58'50" W along the West line of said Lot 7 for 50.00 feet to the Northwest corner of said Lot 7, also being the Southeast corner of said Lot 13; thence S 86'59'28" W along the South line of said Lot 13 for 146.00 feet to the Southwest corner of said Lot 13; thence N 02'58'50" W along the West line of said Block 1, also being the East Right—of—Way line of Collins Avenue (Second Avenue per Plat Book 34 at Page 4) and their Northerly prolongation for 340.00 feet; thence N 86'59'28" E along the North line of Government Lot 7, lying in Section 2, Township 53 South, Range 42 East, also being the North line of Plat Book 34 at Page 4 for 356.00 feet; thence S 02'58'50" E along the East Right—of—Way line of said Ocean Terrace (First Avenue per Plat Book 34 at Page 4) for 420.00 feet; thence S 86'59'28" W along the centerline of said 74th Street (Second Street per Plat Book 34 at Page 4) for 356.00 feet; thence N 02'58'50" W along the Southerly prolongation of said West line of Block 1 and East Right—of—Way line of Collins Avenue (Second Avenue per Plat Book 34 at Page 4) for 30.00 feet to the Point of Beginning. SURVEYOR'S NOTES: — This site lies in Section 2, Township 53 South, Range 42 East, City of Miami Beach, Miami—Dade County, Florida. — Bearings hereon are referred to an assumed value of N 02'58'50" W for the centerline of Collins Avenue. — Lands shown hereon were not abstracted for easements and/or rights—of—way of records. — Lands shown hereon containing 142,220 square feet, or 3.265 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 #2016-170—NGVD. SURVEYOR'S CERTIFICATION: I hereby certify that this "Sketch of Description" was made under my responsible charge on November 22, 2019, and meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper" FORTIN, LEAVY, SKILES, INC., LB3653 Daniel C Digitally signed by Al C Fortin DN:c=US,o=ldenTrust ust ACES Unaffiliated Individual,cn=Daniel C Fortin, By: 0.9.2342.19200300.100.1.1=A010 DanielrFortin, For The Firm Surveyorr and Mapper, Fortin r, LS6435 97C00000161773B91FA0000E42F State of Florida. Date:2019.12.03 14:36:58-05'00' 'Drawn By MAP tLEGAL DESCRIPTION, NOTES& CERTIFICATIONS Date 11/22/19 Cad. No. 190176 Scale NOT TO SCALE Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 191077 2016-170 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NTJMBER:00003653 Dwg. No. 1019-007—U 180 Northeast 168th. Street/North Miami Beach,Florida_33 162 Plotted: 11/22/19 1:31 p,, Phone:305-653-4493/Fax 305-651-7152/Email fls@flssurvey.com `Sheet 1 of 3 I EXHIBIT "C" 75TH STREETCENTER75THLJSTREETNE OF / N86 59'28"E 356.00' ! (PiJ2L.iC RIGHT OF WA'1') NOR'iN UNE OF 7 FIRST STREET ttikt.l6tIkUI GE 4 GOVERNMENT LOT 7 - { sEcnnttx-53-44 & NOR1fi UNE OF PLAT iBOOK 34 PAGE 4 LOTS l0T1 o w jQ a0 _ in 2 CV o LO 0 Z 0 q GRAPHIC SCALE1 A LpTL o 0 34 b4 X20 v H1 t 3!t Fes.) U T inch BO :f. < u, 40 WEST LINE LC '0 Ct , WflF SLDCK 1 /'� v I,� Wc Q 3 TOVVt+1SI"1C car F-1AR[3ING #�- Lai 11 L IPO K 3 �A 1 4 , Q m o m L074 = W C. d ur W u/I � � Z :j , I- i1 �„ ^0 U 6 O LOT 73 w LI LG?13 LJ 6 3 ce S.W. CORNER SE CORNER N.W. CORNER OF LOT 13 OF LOT 13 ' OF LOT 7 0Z.: '� �o11II o \\ rW I1 II 586'59'28'W 146.00' R WESL.IJNE NORTH RIGHT OF WAY LINE �. ��IIII K I POINT OF 3 jOF LOT 7 OF 7ani STREET .1�S " I BEGINNING LOT 14 g LO:, I 1/ S.W. CORNER OF BLOCK 1 z OF o ua?�S. LO CORNER SOUTH LINE OF BLOCK 1111 � N8659'28`E 14800 .0, _ 30.00' \ .; 74TH STREET CENT,,IJN o> - 74TH 0 (Pl1BL1O R1Gi-#�'OF WAY .M� 0 586'59'28"W (SECOND STREET-PLAT BOOK 34 PAGE 4) 356.00' Drawn By MAP SKETCH OF DESCRIPTION Drawn 1 1/22/19 Cad. No. 190176 Scale 1"=60' Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 191077 2016-170 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NTJIv1BER:00003653 Dwg. No. 1019-007—U 180 Northeast 168th. Street/North Miami Beach,Florida. 33 162 Plotted: 11/22/19 1:31p J Phone:305-653-4493/Fax 305-651-7152/Email fls�a�flssurvey.com `heet 2 of 3 OR BK. 31721 PG 83 L..AST PAGE EXHIBIT "C" 75TH STREET 1 - • 1_ ..----: '712- Q.1 , ;:, Z Q Z s=r=-6_ _ - r- W Q \7D 74TH STREET Z---- --- W z JQJ c Q W F- Z Q W U O 73RD STREET 72ND STREET I114.1 ‘ T , \ /Drawn By MAP 1 LOCATION SKETCH Date 11/22/19 Cad. No. 190176 Scale NOT TO SCALE Ref. Dwg. FORTIN, LEAVY, S KILES, INC. Job. No. 191077 201 6-170 CONSULTING ENGINEERS, SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 Dwg. No. 1019-007—U 180 Northeast 168th. Street/North Miami Beach,Florida. 33 162 Plotted: 11/22/19 1:31 J Phone:305-653-4493/Fax 305-651-7152/Email fls@tlssurvey.com Sheet 3 of 3