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23. Contractor's Consent and Certificate #231246461_v4 CONTRACTOR’S CONSENT AND CERTIFICATE The undersigned (“Contractor”) has entered into that certain Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price (the “Agreement”) dated December 8, 2023 with VISTA BREEZE, LTD., a Florida limited partnership (the “Owner”), for 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. Contractor acknowledges that Owner will assign to Bank of America, N.A., a national banking association (“Lender”), all of Owner’s rights (but not Owner’s obligations) in and to the Agreement as security for the obligations of Owner under a Construction Disbursement Agreement (the “Loan Agreement”) to be entered into between Owner and Lender. Contractor, intending to be legally bound hereby, consents to and agrees to be bound by that assignment. As of December 15, 2023 (the “Closing Date”) Contractor further certifies to and agrees with Lender as follows: 1. The Agreement is in full force and effect, and neither Owner nor Contractor is in default under the Agreement. 2. All permits required for the construction of the Improvements (including, without limitation, grading permits, driveway entrance permits and building permits) have been or will be issued except [_______________________NONE______________________________] (if none, so state), and all insurance coverage that Contractor is required to carry under the Agreement has been obtained. 3. 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, Contractor will give Lender written notice of the default or termination. Prior to exercising any remedy available to Contractor under the Agreement as a result of a default, Contractor will afford to Lender a period of thirty (30) days within which to cure the default (it being acknowledged by Contractor that Lender shall have no obligation to cure any default by Owner). If the Agreement is terminated, Contractor, 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 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 Vista Breeze Contractor’s Consent and Certificate 2 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. 4. 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, Contractor, if requested by Owner’s Successor, will continue to perform its obligations under the Agreement, provided that any past due amounts owed to Contractor under the Agreement, other than any such amounts for which Lender has previously made an advance under the Loan Agreement, are paid to Contractor promptly following the request by Owner’s Successor and provided that Contractor is thereafter compensated for its services as provided in the Agreement. If Contractor is not requested by Owner’s Successor to continue to perform its obligations under the Agreement, Contractor will discontinue such performance and will not assert any claim against Lender or Owner’s Successor for any amounts owed to Contractor under the Agreement. 5. Contractor acknowledges that Lender will rely on this Contractor’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 Contractor’s Consent and Certificate Ex A-1 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.