Partial Release of Lien and Security Instruments 1111111 11111 i!III 1{III 1111111111 III11 llll III!
CFN 2I22RO3}39i
OR BK. 33164 Res 3991-4001 (11Pss)
RECORDED 05/02/2022 12:23:`;4
This Instrument Was Prepared By HARVEY RUVIN, CLERK OF COURT
and Return To: MIAMI-DARE COUNTY, FLORIDA
S. Elise Batsel, Esq.
Stearns Weaver Miller Weissler
Alhadeff& Sitterson, P.A.
401 East Jackson Street, Suite 2100
Tampa, FL 33602
3 t 0 27(-1 C/ _
PARTIAL RELEASE OF LIEN AND SECURITY INSTRUMENTS
WHEREAS,ATHENE ANNUITY AND LIFE COMPANY,JACKSON NATIONAL LIFE
INSURANCE COMPANY, ATHORA LUX INVEST NL — CRE DIRECT LENDING FUND,
APOLLO TR COMMERCIAL REAL ESTATE DEBT LLC, MERCER QIF FUND PLC., AP
KENT CREDIT MASTER FUND,L.P.(collectively,"Lender"),is the owner and holder of(a)that
certain Consolidated,Amended and Restated Mortgage,Security Agreement,Assignment of Leases
and Rents and Fixture Filing(Note A)dated March 23, 2021 (the"Mortgage"),executed by TCH
500 Alton,LLC,a Delaware limited liability company("Borrower"),recorded on April 8,2021,in
Official Records Book 32437,Page 2816,of the Public Records of Miami-Dade County,Florida;(b)
that certain Assignment of Leases and Rents(Note A)dated March 23,2021,executed by Borrower,
recorded on April 8, 2021, in Official Records Book 32437, Page 2860, of the Public Records of
Miami-Dade County,Florida;and(c)that certain UCC Financing Statement recorded April 8,2021,
in Official Records Book 32437,Page 2879,of the Public Records of Miami-Dade County, Florida
(collectively,"Lien and Security Instruments"),encumbering the real and personal property more
particularly described therein("Property"); and
WHEREAS, Lender is the beneficiary under that certain Assignment of Architect's
Agreement and Plans and Specifications and Architect's Consent(Note A), dated as of March 23,
2021 (the"Assignment of Architect's Agreement"),by Borrower and Arquitectonica International
Corporation ("Architect") for the benefit of Lender, pursuant to which, among other things,
Borrower's interest in each of(a)that certain Standard Form of Agreement Between Owner and
Architect by and between Borrower(as successor-by-assignment by 500 Alton Road Ventures,LLC)
and Architect, dated as of November 20, 2018 and (b) that certain Agreement for Professional
Design Services by and between Borrower and Architect,dated as of November 1,2018(the"Park
Architect's Agreement"), were collaterally assigned to Lender;
WHEREAS, Lender is beneficiary under that certain Assignment of General Contractor's
Agreement and Subordination of General Contractor's Fees(Note A), dated as of March 23,2021
(the "Assignment of General Contractor's Agreement", and together with the Assignment of
Architect's Agreement,collectively,the"Assignment Documents"),from Borrower to Lender,and
consented and agreed to by ANF Group, Inc. ("General Contractor"), pursuant to which, among
other things,Borrower's interest in each of(a)that certain Construction Agreement with respect to
the Public Park Project(as defined in the Loan Agreement(as such term is defined in the Mortgage))
(the "Park General Contractor's Agreement") and (b) that certain Construction Agreement with
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III/
respect to the Parking Lot Project (as defined in the Loan Agreement), each dated as of July 20,
2020,and each between Borrower and General Contractor,were collaterally assigned to Lender;and
WHEREAS,Lender and Borrower now desire to release a portion of the Property from the
lien and encumbrance of the Lien and Security Instruments; and
WHEREAS, Lender and Borrower desire to release from the Assignment Documents the
Park General Contractor's Agreement and the Park Architect's Agreement only.
NOW,THEREFORE,for good and valuable consideration,Lender does hereby(a)remise,
release, quit-claim, exonerate and discharge from the lien and operation of the Lien and Security
Instruments that certain portion of the Property more particularly described on Exhibit"A"attached
hereto and made a part hereof(the "Released Premises") and (b) release from the Assignment
Documents the Park General Contractor's Agreement and the Park Architect's Agreement only.
TO HAVE AND TO HOLD,the Released Premises,freed and discharged of the lien of the
Lien and Security Instruments;provided however,that nothing herein shall in anywise impair,alter,
or diminish the effect,lien,or encumbrance of the Lien and Security Instruments on that portion of
the Property which is not hereby released,or any rights or remedies of the Lender thereunder.
[Remainder of Page Intentionally Blank; Signatures Follow]
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IN WITNESS WHEREOF,Borrower and Lender have executed this instrument this 26 day
of April, 2022.
LENDER:
Signed, sealed and delivered in ATHENE ANNUITY AND LIFE COMPANY
the presence of:
By: Apollo Insurance Solutions Group LP, its
investment adviser
Name- e ey Horowitz
By: Apollo Global Real Estate Management,
L.P., its sub-adviser
Name: Alex Kretschmann
By: Apollo Global Real Estate Management
GP,LLC, its General Part er
By:
Name: Michael Lotito
Title: Vice President
STATE OF New York )
COUNTY OF New York )
The foregoing instrument was acknowledged before me by means of[X] physical presence or[ ]
online notarization, this 26 day of April, 2022, by Michael Lotito, the Vice President of Apollo
Global Real Estate Management GP, LLC, General Partner of Apollo Global Real Estate
Management, L.P., sub-advisor of Apollo Insurance Solutions Group LP, investment advisor of
ATHENE ANNUITY AND LIFE COMPANY, on behalf of said entity, who [X] is personally
known to me or [ ] has produced as identification.
[Notary Seal]
N ry Public
Printed Name: Henry Harrs
r
My Commission Expires:
[Signatures Continue on Next Page] , E°1('``,:
HENRY ROWAN HARR§ R
:
NOTAR CNHE4O x
: r '
Qualified in Westchester County;, •., \
My Commission Expires;0311412D2
Signature Page—Partial Release of Lien and Security Instruments(Note A)
Signed, sealed and delivered in JACKSON NATIONAL LIFE INSURANCE
the presence of: COMPANY
By: Apollo Insurance Solutions Group LP, its
Name: Je rey Horowitz investment adviser
qI.,........---N.....
By: Apollo Global Real Estate Management,
Name: Alex Kretschmann L.P., its sub-adviser
By: Apollo Global Real Estate Management
GP,LLC, its General Partner
By:/004,4ab
Name: Michael Lotito
Title: Vice President
STATE OF New York )
COUNTY OF New York )
The foregoing instrument was acknowledged before me by means of[X] physical presence or[ ]
online notarization, this 26 day of April, 2022, by Michael Lotito, the Vice President of Apollo
Global Real Estate Management GP, LLC, General Partner of Apollo Global Real Estate
Management, L.P., sub-advisor of Apollo Insurance Solutions Group LP, investment advisor of
JACKSON NATIONAL LIFE INSURANCE COMPANY, on behalf of said entity, who [X] is
personally known to me or [ ] has produced as
identification.
[Notary Seal]
Notary Public
Printed Name: Henry Harrs
My Commission Expires: O',/t'{l'i�
[Signatures Continue on Next Page]
HENRY ROWAN HARRS ,
NOTARY PUBLIC,STATE OF NEW YORK ,
Registration No.01HA6430400 `�
Qualified in Westchester County
My Commission Expires:03114/202e 4 i , /
:w na ,
4' ;f.n
Signature Page—Partial Release of Lien and Security Instruments(Vote A;
Signed, sealed and delivered in APOLLO MANAGEMENT INTERNATIONAL LLP,
the presence of: acting in its capacity as investment manager of Mercer
QIF Fund PLC—Mercer Multi-Asset Credit Fund
Name: effrey Horowitz By: AMI(Holdings), LLC, its member
By: 41,144_44.Atb
Name: Alex Kretschmann Name: Michael Lotito
Title: Vice President
STATE OF New York )
COUNTY OF New York )
The foregoing instrument was acknowledged before me by means of[X] physical presence or[ ]
online notarization, this 26 day of April, 2022, by Michael Lotito, the Vice President of AMI
(Holdings), LLC, member of APOLLO MANAGEMENT INTERNATIONAL LLP, acting in its
capacity as investment manager of Mercer QIF Fund PLC —Mercer Multi-Asset Credit Fund, on
behalf of said entity, who [X] is personally known to me or [ ] has produced
as identification.
[Notary Seal]
Nota ublic
Printed Name: Henry Harrs My Commission Expires: 0. /(1t!/Z(l
[Signatures Continue on Next Page]
HENRY ROWAN HARRS
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01HA6430400
Qualified in Westchester County
My Commission Expires:03/14/2026
f: 0 : Do
-
r\ *.
r 4'
Cam: ,`,•
Signature Page—Partial Release of Lien and Security Instruments(Note A)
Signed,sealed and delivered in APOLLO TR COMMERCIAL REAL ESTATE DEBT
the presence of: LLC
ate' By: Apollo Total Return Management LLC, its
Name: Jeffrey Horowitz manager
By: Apollo Total Return Enhanced Management
Name: Alex Kretschmann LLC, its manager
By:
Name: Michael Lotito
Title: Vice President
STATE OF New York )
COUNTY OF New York )
The foregoing instrument was acknowledged before me by means of[X] physical presence or[]
online notarization,this 26 day of April, 2022, by Michael Lotito, the Vice President of Apollo
Total Return Enhanced Management LLC, manager of Apollo Total Return Management LLC,
manager of APOLLO TR COMMERCIAL REAL ESTATE DEBT LLC,on behalf of said entity,
who [X] is personally known to me or [] has produced
as identification.
[Notary Seal]
Public
Printed Name: Henry Harrs
My Commission Expires:
[Signatures Continue on Next Page]
HENRY ROWAN HARRS
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01HA6430400
Qualified in Westchester County,oun :it
��
My Commission Expires:03/ t
Signature Page—Partial Release of Lien and Security Instruments(Note A)
Signed,sealed and delivered in ATHORA LUX INVEST NL,a reserved alternative
the presence of: investment fund in the form of a Luxembourg special
_ I limited partnership(societe en commandite speciale),
[a].ID' acting in respect of its compartment,Athora Lux
Name: . ffrey Horowitz Invest NL-CRE Direct Lending Fund,acting
through its managing general partner Athora Lux
Invest Management and represented by its delegate
Name: Alex Kretschmann portfolio manager,Apollo Management International
LLP
By: Apollo Management International LLP, its
portfolio manager ,
By: AMI(Holdings). LI C. its member
By:
Nam : Michael Lotito
Title: Vice President
STATE OF New York )
COUNTY OF New York )
The foregoing instrument was acknowledged before me by means of[X] physical presence or[]
online notarization, this 26 day of April, 2022, by Michael Lotito, the Vice President of AMI
(Holdings), LLC, member of Apollo Management International LLP, portfolio manager of
ATHORA LUX INVEST NL,on behalf of said entity,who [X] is personally known to me or []
has produced as identification.
[Notary Seal]
Public
Printed Name: Henry Hans
My Commission Expires: l
[Signatures Continue on Next Page]
HENRY ROWAN HARRS )11 wit/
NOTARY PUBLIC,STATE OF NEW YOR '-' .-`.; : �Ei:.
A64304002, ' `-1
Registration No.O1H = S
Qualified in Westchester Coutii 'sf` 1, ��¢
My Commission Expires:03114> 0 (i. ;,, c
Signature Page—Partial Release of Lien and Security Instruments(Note A)
Signed, sealed and delivered in AP KENT CREDIT MASTER FUND, L.P.
the presence of:
By: AP Kent Management, LLC, its investment
manager
Name: effrey Horowitz
Name: Alex Kretschmann By:
Nam . Michael Lotito
Title: Vice President
STATE OF New York )
COUNTY OF New York )
The foregoing instrument was acknowledged before me by means of[X] physical presence or [ ]
online notarization,this 26 day of April, 2022, by Michael Lotito, the Vice President of AP Kent
Management,LLC,investment manager of AP KENT CREDIT MASTER FUND,L.P.,on behalf of
said entity, who [X] is personally known to me or [ ] has produced
as identification.
[Notary Seal] e1��
No Public
Printed Name: HenryHarrs
My Commission Expires:
HENRY ROWAN HARRS
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01HA643040(1
Qualified in Westchester County
My Commission Expires:03/14/2026. , .; itr
eferre
,ozoi-N
Signature Page—Partial Release of Lien and Security Instruments(Note A)
EXHIBIT "A"
LEGAL DESCRIPTION OF RELEASED PREMISES
LAND DESCRIPTION: (PARK)
A PORTION OF LOTS I THROUGH 14, INCLUSIVE, AND A PORTION OF LOTS 23
THROUGH 32, INCLUSIVE, BLOCK 2, "AMENDED PLAT FLEETWOOD SUBDIVISION",
ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 28 AT PAGE 34,OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 1;
THENCE SOUTH 89°37'30"WEST ALONG THE SOUTH LINE OF SAID LOT 1,A DISTANCE
OF 111.13 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,HAVING A RADIUS OF
15.00 FEET, A CENTRAL ANGLE OF 73°36'39" AND AN ARC DISTANCE OF 19.27 FEET;
THENCE NORTH 16°45'51" WEST, A DISTANCE OF 51.32 FEET;
THENCE NORTH 11°41'42" WEST,A DISTANCE OF 50.99 FEET;
THENCE NORTH 00°22'51" WEST ALONG THE WEST LINE OF SAID BLOCK 2, A
DISTANCE OF 250.00 FEET;
THENCE NORTH 89°37'30"EAST ALONG THE NORTH LINE OF SAID LOT 7,A DISTANCE
OF 10.00 FEET;
THENCE NORTH 00°22'51" WEST ALONG A LINE 10 FEET EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID BLOCK 2, A DISTANCE OF 350.00 FEET;
THENCE NORTH 89°37'00" EAST ALONG THE NORTH LINE OF SAID LOT 14, A
DISTANCE OF 140.00 FEET;
THENCE SOUTH 00°22'51"EAST ALONG THE EAST LINE OF SAID LOTS 14 THROUGH 1 1,
A DISTANCE OF 200.00 FEET;
THENCE NORTH 89°37'30" EAST ALONG THE NORTH LINE OF SAID LOT 23, A
DISTANCE OF 170.00 FEET;
THENCE SOUTH 00°22'51" EAST ALONG THE EAST LINE OF SAID BLOCK 2, A
DISTANCE OF 495.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE
NORTHWEST;
Exhibit "A"—Partial Release of Lien and Security Instruments(Note A)
THENCE SOUTHWESTERLY 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 89°37'30" WEST ALONG THE SOUTH LINE OF SAID LOT 32, A
DISTANCE OF 155.00 FEET TO THE POINT OF BEGINNING.
LESS: (FLORIDIAN PARKING)
A PORTION OF LOTS 11, 12, 13 AND 14, BLOCK 2, "AMENDED PLAT FLEETWOOD
SUBDIVISION",ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 28
AT PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF SAID LOT 14;
THENCE SOUTH 00°22'5I" EAST ALONG THE EAST LINE OF SAID LOTS 11, 12, 13 AND
14, A DISTANCE OF 176.36 FEET;
THENCE SOUTH 89°37'30" WEST,A DISTANCE OF 15.61 FEET;
THENCE SOUTH 00°22'51" EAST,A DISTANCE OF 23.64 FEET;
THENCE SOUTH 89°37'30" WEST, A DISTANCE OF 81.57 FEET;
THENCE NORTH 00°22'51" WEST, A DISTANCE OF 17.55 FEET;
THENCE SOUTH 89°37'30" WEST,A DISTANCE OF 23.62 FEET;
THENCE NORTH 00°22'51" WEST, A DISTANCE OF 110.22 FEET;
THENCE NORTH 89°37'30" EAST,A DISTANCE OF 1.91 FEET;
THENCE NORTH 00°22'51" WEST, A DISTANCE OF 19.84 FEET;
THENCE SOUTH 89°37'30" WEST,A DISTANCE OF 4.90 FEET;
THENCE NORTH 00°22'51" WEST, A DISTANCE OF 3.43 FEET;
THENCE SOUTH 89°37'30" WEST, A DISTANCE OF 8.01 FEET;
THENCE NORTH 00°22'51" WEST, A DISTANCE OF 48.95 FEET;
THENCE NORTH 89°37'30" EAST ALONG THE NORTH LINE OF SAID LOT 14, A
DISTANCE OF 131.80 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.
Exhibit "A"—Partial Release of Lien and Security instruments(Note A)
I
d R P.M,. 33164 PG 4-001
LAST PAGE
ALSO LESS: (BLOCK 600 DEVELOPMENT SITE)
LOTS 29 THROUGH 32, INCLUSIVE, LESS THE WEST 9.40 FEET THEREOF, BLOCK 2,
"AMENDED PLAT FLEETWOOD SUBDIVISION",ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 28 AT PAGE 34, OF THE PUBLIC RECORDS OF MIAMI—
DADE COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 32;
THENCE NORTH 89°37'30" EAST ALONG THE SOUTH LINE OF SAID LOT 32, A
DISTANCE OF 9.40 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 00°22'51" WEST ALONG A LINE 9.40 FEET EAST OF AND PARALLEL
WITH THE WEST LINE OF SAID LOTS 29 THROUGH 32, A DISTANCE OF 210.00 FEET;
THENCE NORTH 89°37'30" EAST ALONG THE NORTH LINE OF SAID LOT 29, A
DISTANCE OF 160.60 FEET;
THENCE SOUTH 00°22'51"EAST ALONG THE EAST LINE OF SAID LOTS 29 THROUGH 32,
A DISTANCE OF 195.00 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE
NORTHWEST;
THENCE SOUTHWESTERLY 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 89°37'30" WEST ALONG THE SOUTH LINE OF SAID LOT 32, A
DISTANCE OF 145.60 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN MIAMI—DADE COUNTY, FLORIDA.
Exhibit "A"—Partial Release of Lien and Security Instruments(Note A)
N9600898 vl