Loading...
Assignment of Construction Agreements between CMB & TCH 500 Alton, LLC ASSIGNMENT OF CONSTRUCTION AGREEMENTS FOR VALUE RECEIVED, the undersigned TCH 500 ALTON, LLC, a Delaware limited liability company ("Developer"), as of this 29 day of April, 2022 (the "Effective Date") assigns to THE CITY OF MIAMI BEACH, FLORIDA, a municipal corporation duly organized and existing under the laws of the State of Florida (the "City"), pursuant to that certain Development Agreement by and between the City and Developer dated as of January 9, 2019, which Development Agreement is recorded in Official Records Book 31323, Page 2781 in and of the Public Records of Miami-Dade County, Florida, as assigned to TCH 500 Alton, LLC, pursuant to that certain Assignment and Assumption of Development Agreement dated as of September 27, 2019 and recorded in Official Records Book 31627, Pages 1177-1182 in and of the Public Records of Miami-Dade County, Florida, and as amended by the First Amendment to Development Agreement, dated as of December 18, 2019 and recorded February 2, 2021 in Official Records Book 32326, Page 279 and Second Amendment to Development Agreement recorded January 13, 2021 in Official Records Book 32286, Page 4378, of the Public Records of Miami-Dade County, Florida (as amended, collectively, the "Development Agreement"), all of Developer's right, title and interest under all existing and future general contractor's agreements, architect's agreements, engineers' agreements, or any other agreements for the provision of labor, materials, services or supplies, as amended, between Developer and any other person or entity (collectively, the "Construction Agreements") relating to the construction of the Park Project, as defined and described in the Development Agreement. The Construction Agreements include, but are not limited to, that certain Construction Contract between Developer and ANF Group, Inc., a Florida corporation ("Contractor") dated July 20, 2020, as amended, and that certain Agreement for Professional Design Services between Developer and Arquitectonica International Corporation, a Florida corporation ("Architect"), dated November 1, 2018, as amended. THIS ASSIGNMENT OF CONSTRUCTION AGREEMENTS ("Assignment") constitutes a present and absolute assignment to the City as of the Effective Date; provided, however, that for so long as no Park Related Default (as defined in the Development Agreement) has occurred under the Development Agreement and until the earlier of (i) termination of the Development Agreement, (ii) City's exercise of its remedy for a Park Related Default as provided in the Development Agreement, or (iii) final completion of the Park Project ("Final Completion"), the City grants Developer a license to use all Construction Agreements for completion of the Park Project in accordance with the Development Agreement. Upon the occurrence of (a) a Park Related Default under the Development Agreement, or (b) the termination of the Development Agreement, or (c) Final Completion, the City may, in the City's sole discretion, give notice to any of Contractor, Architect, and/or any other party to a Construction Agreement of the City's intent to enforce the rights of Developer under the applicable Construction Agreement and may initiate or participate in any legal proceedings respecting the enforcement of said rights. Developer acknowledges that solely by accepting this Assignment, the City does not assume any of Developer's obligations under the Construction Agreements. Developer represents and warrants to the City, as of the Effective Date, that (a) all Construction Agreements entered into by Developer are in full force and effect and are enforceable in all material respects in accordance with their terms and no default, or event which would constitute a default after notice or the passage of time, or both, exists with respect to any of the Construction Agreements,(b)all copies of the Construction Agreements delivered to the City are true, complete and correct as of the date of this Assignment, and (c) except for assignments that are no longer in effect, Developer has not assigned any of Developer's rights under the Construction Agreements other than to the City. Developer shall deliver to the City true, complete and correct copies of all Construction Agreements entered into after the date hereof, promptly upon execution thereof. Developer agrees (a) to pay and perform all obligations of Developer under the Construction Agreements, (b) to enforce the full and prompt performance of all obligations of any other person or entity under the Construction Agreements, (c) except as otherwise may be permitted under the Development Agreement, not to materially modify the existing Construction Agreements nor to enter into any future Construction Agreements without the City's prior written approval, which will not be unreasonably withheld, and (d) not to further assign, for security or any other purposes, Developer's rights under the Construction Agreements without the City's prior written consent. Unless otherwise defined herein, capitalized terms used in this Assignment shall have the meanings attributed to such terms in the Development Agreement. This Assignment shall be governed by, and construed and enforced in accordance with the laws of the State of Florida, without regard to conflicts of laws. Except as otherwise expressly provided under the terms and conditions herein, the terms of this Assignment shall bind and inure to the benefit of the heirs, executors, administrators, nominees, successors and assigns of the parties hereto. All exhibits, schedules, riders and other items attached hereto are incorporated into this Assignment by such attachment for all purposes. To facilitate execution, this Assignment may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature and acknowledgment of, or on behalf of, each party, or that the signature and acknowledgment of all parties required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. This Assignment may be transmitted and/or signed by facsimile or e-mail transmission (e.g., "pdf' or"tif'). The effectiveness of any such documents and signatures shall have the same force and effect as manually-signed originals and shall be binding on all parties to this Assignment. [Remainder of Page Intentionally Left Blank] IN WITNESS WHEREOF, Developer intending to be legally bound has executed this Assignment as of the date first written above. DEVELOPER: TCH 500 ALTON,LLC, a Delaware limited liabili ompany By: Name. avid . arti Title: thorized ignatory By: Name: Russell Galbut Title: Authorized Signatory [Signature page to:Assignment of Construction Agreements] IN WITNESS WHEREOF, Developer intending to be legally bound has executed this Assignment as of the date first written above. DEVELOPER: TCH 500 ALTON, LLC, a Delaware limited liability company By: Name: David P. Martin Title: Authorized Signatory By. Na e: Fussell Galbut Title: Authorized Signatory [Signature page to:Assignment of Construction Agrcements' CONSENT THIS CONSENT ("Consent") is made by Arquitectonica International Corporation, a Florida corporation ("Architect"), this 201 day of April, 2022, to and for the benefit of THE CITY OF MIAMI BEACH, FLORIDA, a municipal corporation duly organized and existing under the laws of the State of Florida (the "City"), with agreement by TCH 500 Alton, LLC, a Delaware limited liability company("Developer"). Architect and Developer have entered into that certain Agreement for Professional Design Services dated November 1, 2018 (the "Architect Agreement"), for the providing and/or procuring of the architectural, engineering and other professional design services (as further described in the Architect Agreement) for the Park Project, as defined in that certain to Development Agreement by and between the City and Developer dated as of January 9, 2019, which Development Agreement is recorded in Official Records Book 31323, Page 2781 in and of the Public Records of Miami-Dade County, Florida, as assigned to TCH 500 Alton, LLC, pursuant to that certain Assignment and Assumption of Development Agreement dated as of September 27, 2019 and recorded in Official Records Book 31627, Pages 1177-1182 in and of the Public Records of Miami-Dade County, Florida, and as amended by the First Amendment to Development Agreement, dated as of December 18, 2019 and recorded February 2, 2021 in Official Records Book 32326, Page 279 and Second Amendment to Development Agreement recorded January 13, 2021 in Official Records Book 32286, Page 4378, of the Public Records of Miami-Dade County, Florida(as amended,collectively, the"Development Agreement"). Developer has assigned the Architect Agreement to the City pursuant to the Assignment of Construction Agreements(the"Assignment")to which this Consent is attached. The City has required, as a condition of the Development Agreement, as amended, that Architect execute this Consent. NOW THEREFORE, Architect agrees as follows: 1. Architect represents and warrants to the City, that the Architect Agreement is in full force and effect and is enforceable in all material respects in accordance with its terms and no default, or event which would constitute a default after notice or the passage of time, or both, exists with respect to the Architect Agreement. 2. Architect agrees that if, at any time, the City elects to undertake or cause the completion of construction of the Park Project in accordance with the Architect Agreement and gives Architect written notice of such election (an "Election Notice"), then, so long as the City assumes and performs the payment obligations of Developer under the Architect Agreement accruing from and after the date of the Election Notice, then Architect shall continue to perform its obligations under the Architect Agreement in accordance with the terms thereof for the benefit and account of the City in the same manner as if performed for the benefit of account of Developer in the absence of the Assignment. Unless and until the City expressly assumes the obligations of Developer under the Architect Agreement (and then only to the extent the same arise from and after such assumption), the City shall not be a party to the Architect Agreement and will in no way be responsible to any party for any claims of any nature whatsoever arising or which may arise in connection with the Architect Agreement. 3. Architect further agrees that, in the event of a breach by Developer of the Architect Agreement, Architect will give written notice to the City at the address shown below its signature of such breach. Unless and until the City expressly assumes the obligations of Developer under the Architect Agreement (and then only to the extent the same arise from and after such assumption), the City shall not be a party to the Architect Agreement and will in no way be responsible to any party for any claims of any nature whatsoever arising or which may arise in connection with the Architect Agreement. 4. Intentionally omitted 5. Architect agrees, notwithstanding anything to the contrary contained herein, that upon an event of default by Developer resulting in a termination of the Development Agreement, or City's exercise of its remedy for a Park Related Default as provided in the Development Agreement, until and unless the City gives Architect an Election Notice, the Architect Agreement may be terminated for any or no reason at the election of the City and the City shall not be responsible to any party for any claims of any nature whatsoever arising or which may arise in connection with the Architect Agreement. 6. Nothing in this Consent shall supersede or modify any provisions of the Architect Agreement as between Developer and Architect. By its joinder in the execution of this Consent, Developer agrees that any action by Architect in accordance with the terms hereof shall not constitute a violation by Architect of any term of the Architect Agreement or of any obligation Architect has or may have to Developer. For instance, in the event the City terminates the Architect Agreement as provided in Section 5 hereof, Developer shall remain liable for all amounts due Architect in accordance with the applicable termination provisions of the Architect Agreement. 7. This Consent shall be governed by, and construed and enforced in accordance with,the laws of the State of Florida. 8. EACH OF THE UNDERSIGNED PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AFTER OPPORTUNITY FOR CONSULTATION WITH INDEPENDENT COUNSEL,WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS OR OBLIGATIONS UNDER OR ARISING IN CONNECTION WITH THIS CONSENT. 9. Architect warrants and represents that it has no knowledge of any prior assignment(s)of any interest in the Architect Agreement that remains in effect. 10. To facilitate execution, this Consent may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature and acknowledgment of,or on behalf of, each party,or that the signature and acknowledgment of all parties required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. This Consent may be transmitted and/or signed by facsimile or e-mail transmission (e.g., "pdf' or "tif'). The effectiveness of any such documents and signatures shall have the same force and effect as manually-signed originals and shall be binding on all parties to this Consent. [Remainder of Page Intentionally Left Blank] IN WITNESS WHEREOF,Architect intending to be legally bound has executed this Consent as of the date first written above. ARCHITECT: Arquit to ica International Corporation, a Florida corporation By: Na e: Timothy S. Reedy Title: Chief Executive Officer Architect's Address: 2900 Oak Avenue Miami,FL 33133 DEVELOPER: TCH 500 ALTON, LLC, a Delaware limited liability company By: Name: Title: By: Name: Title: Developer's Address: 3310 Mary Street Suite 302 Miami,Florida 33133 IN WITNESS WHEREOF,Architect intending to be legally bound has executed this Consent as of the date first written above. ARCHITECT: Arquitectonica International Corporation,a Florida corporation By: Name: Title: Architect's Address: DEVELOPER: TCH 500 ALTON,LLC, a Delaware lim' d liabili co pany By: Nam . David Ma in Title: Authorize Signatory By: Name:Russell Galbut Title: Authorized Signatory Developer's Address: 3310 Mary Street Suite 302 Miami,Florida 33133 IN WITNESS WHEREOF, Architect intending to be legally bound has executed this Consent as of the date first written above. ARCHITECT: Arquitectonica International Corporation, a Florida corporation By: Name: Title: Architect's Address: DEVELOPER: TCI-I 500 ALTON, LLC, a Delaware limited liability company By: Name: David Martin Title: Autl ' ed Signatory By: Name: Russell Galbut Title: Authorized Signatory Developer's Address: 3310 Mary Street Suite 302 Miami, Florida 33133 CITY: CITY OF MIAMI BEACH a Florida municipal corporation By: _11<:p2-z Dan Gelber, Mayor ATTEST: By: JjL1 [SEAL] City Clerk APPROVED AS TO ,III(ORI1ORATED FORM & LANGUAGE y Pe, ,n ,,,c.i City Attorney Date City's Address: 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 [City Acknowledgment to 500 Alton/Architect Consent] 11111111111111111111111111111111111111111111! CFN 2022R03 58929 OR OK 33164 Pss 3942-3947 (6Pss) RECORDED U /U2/2U22 12:23. 4 This instrument prepared by or under the supervision of DEED DOC TAX $0.60 (and after recording should be returned to): SURTAX $0.4`i HARVEY RUVINY CLERK OF COURT MIAMI•-DADE (COUNTY, FLORIDA Name: Laura Gangemi Vignola, Esq. Address:Gangemi Law Group, PLLC 3310 Mary Street,Suite 303 Miami, Florida 33133 361 027 yci6 /SL QUIT CLAIM DEED (0 Street) -7 THIS QUIT CLAIM DEED, made and executed this Gsi day of April, 2022, by CITY OF MIAMI BEACH, a Florida municipal corporation, whose mailing address is 1700 Convention Center Drive, 41h Floor, Miami Beach, Florida 33139 ("Grantor") to TCH 500 ALTON, LLC, a Delaware limited liability company, whose mailing address is 3310 Mary Street, Suite 302, Coconut Grove, FL 33133 ("Grantee"). Whenever used herein, the terms "Grantor" and "Grantee" shall include the parties to this instrument and their respective successors and assigns. WITNESSETH: THAT Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby remises, releases and quit-claims unto Grantee, and Grantee's heirs, successors and assigns forever, any and all of the right, title and interest which Grantor has in and to certain real property located in Miami- Dade County, Florida ("Property") which is more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. TO HAVE AND TO HOLD unto Grantee and Grantee's heirs, successors and assigns in fee simple forever any and all of the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor. Grantor confirms it does not intend to and does not reserve any interests in minerals, petroleum, phosphates and/or metals with respect to the Property. [SIGNATURES APPEAR ON FOLLOWING PAGE] GLG 4866-8747-3425 v4 ' n [SIGNATURE PAGE TO QUIT CLAIM DEED] IN WITNESS WHEREOF, the Grantor has caused this Quit Claim Deed to be executed the day and year first above written. Witnesses: CITY OF MIAMI BEACH FLORIDA, a municipal cor ion Sign Name: tt By: /- Print Name: Erie_ CGir�rrie2r Dan Gelber, Mayor Sign Name: / dt,f4�u4 Print Name: A4ek1u7r ATTEST: :.\gyp � h�..,. APR 2 5 2022 ",. City Clerk a, STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) The foregoing instrument Vas acknowledged before me, by means of[ 1,--1 physical presence or[ 1 online notarization, this day of April, 2022 by Dan Gelber, as Mayor of the City of Miami Beach, a Florida municipal corporation on behalf of such municipal corporation,who [✓ 1 is personally known to me or[ 1 has produced iIlck as identification. r. NOTARY SIGNATURE my Print or Stamp Name: ROBERTCOMM FI8810N.ROSENW#GQALD92i8M ,JR Notary Public, State of F .'.•. b`„ EXPIRES Deaember7,2023 Commission No.: NMuy Public UedNwdhrs My Commission Expire . APPROVED AS TO FORM&LANGUAGE .96A1:464- City Attorney Date EXHIBIT A (6th Street Legal Description - attached) A-3 COUSINS SURVEYORS & ASSOCIATES, INC. Exhibit A 3921 SW 47TH AVENUE, SUITE 1011 DAVIE, FLORIDA 33314 CLIENT : v. CERTIFICATE OF AUTHORIZATION : LB # 6448 TERRA GROUP PHONE (954) 689-7766 FAX (954) 689-7799 LAND DESCRIPTION AND SKETCH LAND DESCRIPTION: (6TH STREET) A PORTION OF 6TH STREET AS SHOWN ON "AMENDED PLAT OF FLEETWOOD SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 2, OF SAID "AMENDED PLAT OF FLEETWOOD SUBDIVISION"; THENCE NORTH 89'37'30" EAST ALONG THE SOUTH LINE OF LOT 32, BLOCK 2 OF SAID "AMENDED PLAT OF FLEETWOOD SUBDIVISION" AND THE NORTH RIGHT OF WAY LINE OF SAID 6TH STREET, A DISTANCE OF 155.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG SAID NORTH RIGHT OF WAY LINE AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90'00'21" AND AN ARC DISTANCE OF 23.56 FEET; THENCE SOUTH 00'22'51" EAST, A DISTANCE OF 85.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF SAID 6TH STREET AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 89'59'39" AND AN ARC DISTANCE OF 31.41 FEET; THENCE SOUTH 89'37'30" WEST ALONG THE NORTH LINE OF LOT 10 AND LOT 11 OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AND THE SOUTH RIGHT OF WAY LINE OF SAID 6TH STREET, A DISTANCE OF 210.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG SAID SOUTH RIGHT OF WAY LINE AND ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90'00'21" AND AN ARC DISTANCE OF 31.42 FEET; THENCE NORTH 00'22'51" WEST, A DISTANCE OF 70.00 FEET; THENCE CONTINUE ALONG SAID NORTH RIGHT OF WAY LINE AND ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 2, NORTH 89'37'30" EAST, A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE. LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI/DADE COUNTY, FLORIDA; CONTAINING 12,720 SQUARE FEET MORE OR LESS. REVISIONS DATE FB/PG DWN CKD PROPERTY ADDRESS : • LAND DESCRIPTION & SKETCH 09/20/21 ---- AM REC LAND DESCRIPTION 6TH STREET, MIAMI BEACH) REVISED PER CITY COMMENTS 04/08/22 ---- JD REC AND FORKETCH C SCALE: N/A 6TH STREET VACATION ( SHEET 1 OF 3 ) COUSINS SURVEYORS & ASSOCIATES, INC.,[ CPROJECT NUMBER 6844-12 3921 SW 47TH AVENUE, SUITE 1011 i ��„ DAVIE, FLORIDA 33314 CLIENT �.'� CERTIFICATE OF AUTHORIZATION : LB # 6448 TERRA GROUP ) PHONE (954) 689-7766 FAX (954) 689-7799 J WEST A VENUE- 1 wooe'51"A' o 70s. ,00' E4 co r----7 - -s�--• ta r- R=20.00' m 7t ') -� L=90°00'21" • m I w N ON A=31.42' Z 9 ' NI Q °3y 0 -ooD 0 -^ O Cr) 2 `' Oom0� Y I� � O 0 0 oN ;0000 p Nm > tv � � o -+'z't°°p 4 0° 0 2 O � � �z'1N7 vm - - -O-v-Z 4. v O s o 1____..._ - - E) v -12T]JTJLLTIL EASEMENT _ _ I o D c -- — -t,,,-�n v O t o if, o 13 p v c vy sii IN oo v , r < � O 00 `c0 - PO c ' 1* 000 to On • � s O y n oz � � O 1 - - -'--------- ----per-- - a-< 1�L� I It = v ti (11 15' ALLEY co < 0 c �I N x �' Q O (P.B. 21, PG. 83, M/D.C.R.)$M o A o m v $ N� 0 tv C N - O �Zc o y 0 ° =, .vr'' Ks.) p C _4. A � cp o ~O w }�, \r� O =+ TN o Z `�, moti, o0 0r•-• V. m 2 ` N' J I P w `' `� o 00 r O N v m 25.00' 25.00' O N O 1 Ai O O '!, R=20.00' ' =89"59'39" • Q 90'00'21" A=31.41' ji S00.22'51'E A=23.56' 85.00' • 40 0 40 80 ALTO ROAD GRAPHIC SCALE IN FEET - - - - REVISIONS DATE FB/PG DWN CKD CPROPERTY ADDRESS : 1 LAND DESCRIPTION & SKETCH o9/20/21 ---- AM REC LAND DESCRIPTION ` 6TH STREET, MIAMI BEACH) REVISED PER CITY COMMENTS 04/08/22 ---- JD REC AND SKETCH 1 FOR C SCALE: 1" = 40' / 6TH STREET VACATION r 1 SHEET 2 OF 3 J COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 3921 SW 47TH AVENUE, SUITE 1011 CLIENT �j„ DAVIE, FLORIDA 33314 I7 ••'• PHONE CERTIFICATE (954) 689 OF UTHOR 77661ZAF ON (95L4) 689-7799 TERRA GROUP — AXLAND DESCRIPTION AND SKETCH STATE PLANE COORDINATE INFORMATION u (a) PROJECTION: UNIVERSAL TRANSVERSE MERCATOR PROJECTION AS ESTABLISHED FOR THE FLORIDA EAST ZONE COORDINATE SYSTEM. r'I_..I (b) DATUM: THE STATE PLANE COORDINATES ARE BASED ON THE NORTH AMERICAN DATUM OF 1983 WITH A SUBSEQUENT RE—ADJUSTMENT DONE IN 2011 (NAD 83 (NATIONAL SPATIAL REFERENCE SYSTEM 2011)). THE VERTICAL DATUM IS BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). (c) METHODOLOGY: COORDINATES WERE DETERMINED USING THE TOPCON HI—PER SR AND THE TOPCON FC-5000 WITH THE TDS PACKAGE TOGETHER WITH THE 'L—NET' ROVER SYSTEM PACKAGE PROVIDED BY LENGEMANN CORPORATION. THE 'L—NET' NETWORK (A TOPNET GNSS NETWORK) UTILIZES A NETWORK OF REAL TIME KINEMATIC (RTK) REFERENCE STATIONS. (d) ESTIMATED ACCURACIES: HORIZONTAL ACCURACIES TO 0.04' VERTICAL ACCURACIES TO 0.07' LEGEND: CKD CHECKED BY DWN DRAWN BY FB/PG FIELD BOOK AND PAGE CERTIFIED TO : THE CITY OF MIAMI BEACH P.B. PLAT BOOK M/D.C.R. MIAMI/DADE COUNTY RECORDS I HEREBY CERTIFY THAT THE ATTACHED "LAND P08 POINT OF BEGINNING POC POINT OF COMMENECEMENT DESCRIPTION AND SKETCH" IS TRUE AND CORRECT TO THE R RADIUS BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED A ARC DISTANCE UNDER MY DIRECTION IN SEPTEMBER, 2021. I FURTHER 0 CENTRAL ANGLE CERTIFY THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA ACCORDING TO CHAPTER 5J-17 NOTES: OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. SUBJECT TO THE 1. LANDS SHOWN HEREON WERE NOT QUALIFICATIONS NOTED HEREON. ABSTRACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF •y� Digitally signed by RECORD. '.ey,^tw -�;;,, Richard E Cousins 2. DATA SHOWN HEREON DOES NOT ;•r" Date:2022.04.14 CONSTITUTE A FIELD SURVEY AS SUCH. 13:32:30-04'00' 3. THE LAND DESCRIPTION SHOWN HEREON FOR THE FIRM, BY: WAS PREPARED BY THE SURVEYOR. RICHARD E. COUSINS 4. BEARINGS SHOWN HEREON ARE ASSUMED. PROFESSIONAL SURVEYOR & MAPPER FLORIDA REGISTRATION NO. 4188 1 REVISIONS DATE FB/PG DWN CKD "-PROPERTY ADDRESS : 1 LAND DESCRIPTION & SKETCH 09/20/21 ---- AM REC LAND DESCRIPTION ,6TH STREET, MIAMI BEACH) REVISED PER CITY COMMENTS 04/08/22 ---- JD REC AND SKETCH FOR ( SCALE: N/A 6TH STREET VACATION (SHEET 3 OF 3 I 111111 11111 IIIII 1111E I1111 I1111 II111 IIII II11 CFN 2022R03!8928 OR BK 33164 Pas 3937-3941 (5Pss) RECORDED 05./02/2022 12:23:54 This instrument prepared by or under the supervision of DEED DOC: TAX $0.60 (and after recording should be returned to): SURTAX $0.45 HARVEY RUVIN? CLERK OF COURT MAN COUNTY? FLORIDA Name: Laura Gangemi Vignola,Esq. Address:Gangemi Law Group,PLLC 3310 Mary Street,Suite 303 Miami,Florida 33133 Parcel I.D.Nos.02-4204-006-0010 l 0217 t qb/jC. QUIT CLAIM DEED THIS QUIT CLAIM DEED, made and executed this 29 day of April,2022,by CITY OF MIAMI BEACH, a Florida municipal corporation,whose mailing address is 1700 Convention Center Drive, 4th Floor, Miami Beach, Florida 33139 ("Grantor") to TCH 500 ALTON, LLC, a Delaware limited liability company, whose mailing address is 3310 Mary Street, Suite 302, Coconut Grove, FL 33133 ("Grantee"). Whenever used herein, the terms "Grantor" and "Grantee" shall include the parties to this instrument and their respective successors and assigns. WITNESSETH: THAT Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, hereby remises, releases and quit-claims unto Grantee, and Grantee's heirs, successors and assigns forever, any and all of the right, title and interest which Grantor has in and to certain real property located in Miami- Dade County, Florida ("Property") which is more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof. TO HAVE AND TO HOLD unto Grantee and Grantee's heirs, successors and assigns in fee simple forever any and all of the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor. Grantor confirms it does not intend to and does not reserve any interests in minerals, petroleum,phosphates and/or metals with respect to the Property. [SIGNATURES APPEAR ON FOLLOWING PAGE] [SIGNATURE PAGE TO QUIT CLAIM DEED] IN WITNESS WHEREOF, the Grantor has caused this Quit Claim Deed to be executed the day and year first above written. Witnesses: CITY OF MIAMI BEACH, FLORIDA, a municipal cor Sign Name: derji,4 ' fri" By: Print Name: Eric._ eci rperTe r Dan Gelber, Mayor Sign Name:-.71/1Ad41t Print Name: M/e/Wit DWI ATTEST: )dc APR 2 5 1On CityClerk . ti STATE OF FLORIDA " 'Il`tOk!'G ..4 )SS: i � ;,' COUNTY OF MIAMI-DADE ) The foregoing instrument js acknowledged before me, by means of[ 1/1 physical presence or [ 1 online notarization,this 21 day of April, 2022 by Dan Gelber, as Mayor of the City of Miami Beach, a Florida municipal corporation on behalf of such municipal corporation,who [I/1 is personally known to me or[ 1 has produced t"/' as identification. ?cult f .12_,,i4 it,. NOTARY SIGNATURE Print or Stamp Name: I •.:ERT F.ROSENWALD,JR. Notary Public,State of Florio. ., •.; MY COMMISSION#00 921672 Commission No.: , - "= EXPIRES:December 7,2023 My Commission Expires: ° Bondedfle t4Gt riPublcU"del tem APPROVED AS TO FORM& LANGUAGE $tyMtomey Date 2Z COUSINS SURVEYORS & ASSOCIATES, INC. Exhibit A 3921 SW 47TH AVENUE, SUITE 1011 A e DAVIE, FLORIDA 33314 CLIENT : >♦�'� CERTIFICATE OF AUTHORIZATION : LB # 6448 TERRA GROUP PHONE (954) 689-7766 EMAIL: OFFICEOCSASURVEY.NET LAND DESCRIPTION AND SKETCH LAND DESCRIPTION: (BLOCK 500) LOTS 2 THROUGH 16, INCLUSIVE, A PORTION OF LOTS 1, 17, 18 AND 19 AND THAT CERTAIN 15 FOOT VACATED ALLEY LYING WITHIN SAID LOTS, OF "AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 83, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHERLY MOST NORTHWEST CORNER OF SAID LOT 11; THENCE NORTH 89'37'30" EAST ALONG THE NORTH LINES OF SAID LOTS 10 AND 11, A DISTANCE OF 210.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 89'59'39" AND AN ARC DISTANCE OF 31.41 FEET; THENCE SOUTH 00'22'51" EAST ALONG THE EAST LINE OF SAID LOTS 1 THROUGH 10, A DISTANCE OF 277.46 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 65.5 FEET, A CENTRAL ANGLE OF 87'00'49" AND AN ARC DISTANCE OF 99.47 FEET; THENCE SOUTH 86'38'28" WEST, A DISTANCE OF 112.67 FEET TO A POINT ON A NON-TANGENT CURVE (A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 19'33'06" WEST); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 29.30 FEET, A CENTRAL ANGLE OF 46'06'19" AND AN ARC DISTANCE OF 23.58 FEET; THENCE NORTH 24'20 35 WEST ALONG THE WESTERLY LINE OF SAID LOTS 17 AND 16, A DISTANCE OF 73.04 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 335.75 FEET, A CENTRAL ANGLE OF 23'57'44" AND AN ARC DISTANCE OF 140.42 FEET (THE LAST DESCRIBED CURVE BEING ALONG THE WEST LINE OF SAID LOTS 16, 15 AND 14); THENCE NORTH 00"22'S1" WEST ALONG THE WEST LINE OF SAID LOTS 13, 12 AND 11, A DISTANCE OF 130.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90'00'21" AND AN ARC DISTANCE OF 31.42 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN MIAMI/DADE COUNTY, FLORIDA; CONTAINING 85,180 SQUARE FEET OR 1.9554 ACRES MORE OR LESS. FOLIO # 02-4204-006-0010 REVISIONS DATE FB/PG DWN CKD 'PROPERTY • LAND DESCRIPTION `500 BLOCK ALTON ROAD) LAND DESCRIPTION AND SKETCH 09/12/18 AM REC AND SKETCH REVISED LAND DESCRIPTION & SKETCH 09/27/18 AM REC FOR ADDED CERTIFICATIONS 01/14/19 AM REC DEVELOPMENT SITE (,SCALE: N/A REVISED PER CITY COMMENTS 04/08/22 ---- JD REC 500 BLOCK ( SHEET 1 OF 3 COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER 6844-12 3921 SW 47TH AVENUE, SUITE 1011 AL% DAVIE, FLORIDA 33314 CLIENT : War CERTIFICATE OF AUTHORIZATION : LB # 6448 TERRA GROUP PHONE (954) 689-7766 EMAIL: OFFICEOCSASURVEY.NET P08 LAND DESCRIPTION AND SKETCH, E 938646;9 6TH STREET — — NORTHERLY MOST-—-�AT1ED c�RTERLINE —T — — — NORTHWEST CORNERo , , N LOT 11 N89'37'3076' 210.00' Nt I—. R ,VCWTH LINL-10I I7 NORTH LINE-Lor to 4)\- I . R=20.00' ` c� O D- LOT 11 LOT 10 + A=31.41' 45.0 ii- ; 50.0 44 ti w i 1 Lj� . ! x b o v LOT 12 ' LOT 9 6. W k �\ ; , ?....E1 kb - Zo d l o t.„Z j w ., o wM, ^ LOT 8 8. I4 al ' 0 00 y LOT 13 ui a a' ,,, 00 p LOT 7 0 m ,n to R; _. H 3 .' `° 6g r .i g "" 2 o h N. I Q ^ N a — > 000 LOT 6• ,� ' I `' co 14 I m �� o j ~ o rQ- I 2gN0- LOT 5 n _ZZ 4!� }O l _ W O W _• � O ` ?w `F `ici lc' CS $ LOT 4 NNi4 LOT 15 1 *. II N LOT 3 , a \ ___45_0' f I \ v- i I LOT 2 O \ e LOT 16 15' ALLEY - - `.. \ o,, } _ .(P.B. 21 PG• 83.. M/D.q.R.). _. -. 50.0' 00 .x Oj O , . i LOT 1 tO �. N ii LOT 17 ! b ' i O i , R=85.5 ( 0 Q ~ ! o 1 4 =87°00'49" + � � Nt 4 /, p\ g , A=99.47' �, N Ail \ �„ I, , ,, �J 60 0 60 01 5TH STREET o I I 0 l i , --J 11.1:91111e411111111.1111111110.1111 \ M i MACARTHUR CSIFY M GRAPHIC SCALE IN FEET PLATTED CENTERUNE (STATE ROAD A-1-A) S. REVISIONS DATE FB/PG DWN CKD PROPERTY : 1 LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION C500 BLOCK ALTON ROAD/ AND SKETCH REVISED LAND DESCRIPTION do SKETCH 09/27/18 AM REC FOR ADDED CERTIFICATIONS 01/14/19 AM REC DEVELOPMENT SITE (SCALE: 1 " = 60' REVISED PER CITY COMMENTS 04/08/22 ---- JO REC 500 BLOCK ( SHEET 2 OF 3 ) COUSINS SURVEYORS & ASSOCIATES, INC. (PROJECT NUMBER : 6844-12 3921 SW 47TH AVENUE, SUITE 1011 "Mk' DAVIE, FLORIDA 33314 CLIENT ••' CERTIFICATE AUTHORIZATION 1.1 PHONE (954) 689 7766EMAIL: OFFIC ®SASURVEY.NET TERRA GROUP tea LAND DESCRIPTION AND SKETCH ,.I STATE PLANE COORDINATE INFORMATION r re; (a) PROJECTION: UNIVERSAL TRANSVERSE MERCATOR PROJECTION AS ESTABLISHED FOR THE FLORIDA EAST ZONE COORDINATE SYSTEM. (b) DATUM: THE STATE PLANE COORDINATES ARE BASED ON THE NORTH AMERICAN DATUM OF 1983 WITH A SUBSEQUENT RE—ADJUSTMENT DONE IN 2011 (NAD 83 (NATIONAL SPATIAL REFERENCE SYSTEM 2011)). THE VERTICAL DATUM IS BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). (a) METHODOLOGY: COORDINATES WERE DETERMINED USING THE TOPCON HI—PER SR AND THE TOPCON FC-5000 WITH THE TDS PACKAGE TOGETHER WITH THE 'L—NET' ROVER SYSTEM PACKAGE PROVIDED BY LENGEMANN CORPORATION. THE 'L—NET' NETWORK (A TOPNET GNSS NETWORK) UTILIZES A NETWORK OF REAL TIME KINEMATIC (RTK) REFERENCE STATIONS. (d) ESTIMATED ACCURACIES: HORIZONTAL ACCURACIES TO 0.04' VERTICAL ACCURACIES TO 0.07' LEGEND: CKD CHECKED BY DWN DRAWN BY FB/PG FIELD BOOK AND PAGE P.B. PLAT BOOK M/D.C.R. MIAMI/DADE COUNTY RECORDS CERTIFIED TO : THE CITY OF MIAMI BEACH POB POINT OF BEGINNING POC POINT OF COMMENECEMENT R RADIUS I HEREBY CERTIFY THAT THE ATTACHED "LAND DESCRIPTION A ARC DISTANCE 0 CENTRAL ANGLE AND SKETCH" IS TRUE AND CORRECT TO THE BEST OF MY SQ.FT. SQUARE FEET KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION IN SEPTEMBER, 2018. I FURTHER CERTIFY THAT THIS "LAND DESCRIPTION AND SKETCH" MEETS THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF FLORIDA NOTES: ACCORDING TO CHAPTER 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FLORIDA STATUTES. SUBJECT TO THE QUALIFICATIONS NOTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, HEREON. OR OTHER INSTRUMENTS OF RECORD, \L•o,, . Digitally signed by 2. DATA SHOWN HEREON DOES NOT CONSTITUTE A Richard E Cousins FIELD SURVEY AS SUCH. , "°•+"` `a` "`T"' S Date:2022.04.14 3. THE LAND DESCRIPTION SHOWN HEREON WAS ••s': ' v.>• ` PREPARED BY THE SURVEYOR. .'<cuia `` 1 3:34:23-04'00' 4. BEARINGS SHOWN HEREON ARE ASSUMED. FOR THE FIRM, BY: RICHARD E. COUSINS PROFESSIONAL SURVEYOR AND MAPPER FOL/O # 02-4204-006-0010 FLORIDA REGISTRATION NO. 4188 REVISIONS DATE FB/PG DWN CKD PROPERTY : LAND DESCRIPTION AND SKETCH 09/12/18 AM REC LAND DESCRIPTION C500 BLOCK ALTON ROAD AND SKETCH REVISED LAND DESCRIPTION & SKETCH 09/27/18 AM REC FOR ADDED CERTIFICATIONS 01/14/19 AM REC DEVELOPMENT SITE (SCALE: N/A REVISED PER CITY COMMENTS 04/08/22 ---- JD REC 500 BLOCK ( SHEET 3 OF 3