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22. Architects Consent and Certificate - Vista Breeze #231248156_v5 ARCHITECT’S CONSENT AND CERTIFICATE The undersigned (“Architect”) has entered into that certain Standard Form of Agreement Between Owner and Architect for a Federally Funded or Federally Insured Project (the “Agreement”) dated January 17, 2022 with VISTA BREEZE, LTD., a Florida limited partnership (the “Owner”), for architectural services in connection with the construction of certain improvements (the “Improvements”) to be located on the land (the “Land”) more particularly described on Exhibit A attached hereto and made a part hereof. Pursuant to the Agreement, Architect has prepared and will continue to prepare certain plans and specifications (the “Plans”) for the Improvements. Architect acknowledges that Owner will assign to Bank of America, N.A., a national banking association (the “Lender”), all of Owner’s rights (but not Owner’s obligations) in and to the Agreement and the Plans as security for the obligations of Owner under a Construction Disbursement Agreement (the “Loan Agreement”) to be entered into between Owner and Lender. Architect, intending to be legally bound hereby, consents to and agrees to be bound by that assignment. Capitalized terms used but not defined herein shall have the meaning given to them in the Loan Agreement. As of December 15, 2023 (the “Closing Date”) and, in order to satisfy a condition of the Lender to enter into the Loan Agreement with Owner, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Architect further certifies to and agrees with Lender as follows: 1. The Agreement is in full force and effect, and neither Owner nor Architect is in default under the Agreement. 2. The Plans have been prepared and will continue to be prepared in accordance with customary professional standards of architectural practice for projects similar to the Improvements. When finalized, the Plans will be complete and adequate for the construction of the Improvements. To the best of Architect’s knowledge, the Improvements, if constructed in accordance with the Plans, will comply with all applicable laws, codes, rules and regulations (including, but not limited to, those relating to access and facilities for handicapped persons), concurrency requirements, and the structural design of the Improvements and the materials specified by the Plans are and will be adequate and appropriate for the Improvements. The Plans have been approved by all applicable governmental authorities and are “Ready to Issue”. 3. On written notice to Architect of an Event of Default under the Mortgage or any of the other Loan Documents, Lender has the right to request that Architect continue to work under the Agreement. If, but only if, Lender requires Architect to continue work under the Agreement, Lender will perform the obligations of Owner under the Agreement, including but not limited to the payment obligations. Architect will accept such performance in lieu of performance by Owner in satisfaction of Owner’s obligations. 4. The Land is zoned RM-1 RESIDENTIAL MULTI-FAMILY LOW DENSITY, under the zoning ordinance of THE CITY OF MIMI BEACH, NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY, and such zoning classification permits the intended use of the Improvements as depicted in the Plans, without reliance upon a variance or other exception concerning a non-conforming use or structure. To the best of Engineer’s Vista Breeze Architect’s Consent and Certificate 2 professional knowledge, Engineer has examined all relevant laws, regulations and ordinances and has determined that the following restrictions and requirements are applicable to the Property: Minimum Lot Area: PARCEL 1 (BREEZE): 5,000 SF PARCEL 2 (VISTA): 5,000 SF Height Limitation: PARCEL 1 (BREEZE): 32’ max for the first 25’ of building depth and 45’ max for the remainder. PARCEL 2 (VISTA): 32’ max for the first 25’ of building depth and 45’ max for the remainder. Maximum Floor Area Ratio (or other type of bulk restriction): PARCEL 1 (BREEZE): 1.25 PARCEL 2 (VISTA): 1.25 Limitation on Number of Dwelling Units, if any: Front Yard Requirements: PARCEL 1 (BREEZE): 25’ MIN PARCEL 2 (VISTA): 20’ MIN Side and Rear Yard Requirements: PARCEL 1 (BREEZE): SIDE YARD = 18’ MIN, REAR YARD = 17’ MIN PARCEL 2 (VISTA): SIDE YARD = 14’-7” MIN, REAR YARD = 5’ MIN Parking Requirements: PARCEL 1 (BREEZE):0 PARCEL 2 (VISTA): 0 Other: N/A 5. If Owner defaults in making any payment or in performing any other obligation under the Agreement, or if the Agreement is terminated for any reason, Architect will give Lender written notice of the default or termination. Prior to exercising any remedy available to Architect under the Agreement as a result of a default, Architect will afford to Lender a period of thirty (30) days within which to cure the default. If Lender elects to complete the Project, Architect agrees not to terminate the Agreement as long as the defaults of Owner are cured by Lender within a reasonable time. Nothing in this, however, will require Lender to cure any default of Owner under the Agreement, but will only give Lender the option to do so. If Lender elects not to cure the default, Architect will not be required to continue any work under the Agreement except work for which it has been paid. Architect will diligently continue to perform its services under the Agreement, regardless of any dispute arising with Owner or any other person or entity, so long as the Architect is paid for all work in accordance with the terms of the Agreement and no default exists with respect to Owner’s obligations. If the Agreement is terminated, Architect, at the request of Lender, will enter into a new agreement with Lender upon substantially the same terms and conditions as set forth in the Agreement. Any notice of default or termination will be delivered by Vista Breeze Architect’s Consent and Certificate 3 personal delivery or by a nationally recognized overnight courier service or will be mailed by certified mail, return receipt requested, to the following address: Bank of America, N.A. 401 E. Las Olas Blvd. Fort Lauderdale, Florida 33301 Mail Stop: FL6-812-18-02 Attention: Binyamin Rosenbaum with copies to: Bank of America, N.A. 101 East Kennedy Blvd., 6th Floor P.O. Box 31590 Tampa, FL 33602 Mail Stop: FL1-400-06-13 Attention: CREB Loan Administration and: Holland & Knight LLP 31 West 52nd Street New York, NY 10019 Attention: Kathleen M. Furey, Esq. 6. In the event that Lender or any other party (“Owner’s Successor”) shall acquire title to the Property through foreclosure, deed in lieu of foreclosure, or receivership, Architect, if requested by Owner’s Successor, will continue to perform its obligations under the Agreement, provided that any past due amounts owed to Architect under the Agreement, other than any such amounts for which Lender has previously made an advance under the Loan Agreement, are paid to Architect promptly following the request by Owner’s Successor and provided that Architect is thereafter compensated for its services as provided in the Agreement. If Architect is not requested by Owner’s Successor to continue to perform its obligations under the Agreement, Architect will discontinue such performance and will not assert any claim against Lender or Owner’s Successor for any amounts owed to Architect under the Agreement. Whether or not Architect is requested to continue to perform its obligations under the Agreement, Owner’s Successor shall be entitled to use the Plans for the completion of the Improvements without further cost to Owner’s Successor. 6. Intentionally Omitted. 7. Architect acknowledges that Lender will rely on this Architect’s Consent and Certificate in making the loan to Owner that is contemplated by the Loan Agreement. [PAGE INTENTIONALLY ENDS HERE; SIGNATURE PAGE FOLLOWS] Vista Breeze Architect’s Consent and Certificate Exhibit A EXHIBIT A LEGAL DESCRIPTION That leasehold estate created by that Second Amended and Restated Ground Lease, by and between Vista Breeze, Ltd., a Florida limited partnership, and the Housing Authority of The City of Miami Beach, a public body corporate and politic, as evidenced by that Amended and Restated Memorandum of Lease to be recorded over the following described lands: PARCEL 1: LOT 3, 4 and 5, Block 55, OF NORMANDY GOLF COURSE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, AT PAGE 62, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: LOTS 6, 7 and 8, BLOCK 56, NORMANDY GOLF COURSE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 44, PAGE 62, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.