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HomeMy WebLinkAboutVacation and ROW Improvement Agreement - Seagull Hotel Site_100 21 Street(Reserved for Clerk of Court) RECITALS: 1 WHEREAS,the City held a right-of-way dedication to the portion of the southern twenty-five (25)feet of 21 Street located approximately 150 feet east of Collins Avenue and running east for approximately 269.43 feet,consisting of approximately 6,736.28 square feet,and more particularly described in the attached Exhibit “A”(the “Roadway Segment”);and WHEREAS,in conjunction with Proposed Development,the Owner requested that the City vacate the Roadway Segment,and submitted its application to the City's Public Works Department with respect thereto;and WHEREAS,the Owner owns the property abutting the Roadway Segment,which is known as 100 21 Street and is identified by tax folio number 02-3226-001-0040 (the “Owner’s Property”),more particularly described in the attached Exhibit “B”;and WHEREAS,the Owner intends to redevelop the Owner’s Property as a hotel development (the "Proposed Development");and WHEREAS,the Proposed Development shall be developed as a unified development site (the “Unified Development Site”),and the former right of way and the Owner’s Property will be joined via a covenant in lieu of unity of title following the effective date of the vacation,to permit the Owner to utilize the floor area associated with the Roadway Segment within the Proposed Development;and This instrument was prepared by and after recording should be returned to: Rafael Paz,City Attorney City of Miami Beach,Florida 1700 Convention Center Drive Miami Beach,Florida 33139 VACATION AND RIGHT OF WAY IM PROVE ME NT AGREEMENT FOR SEAGULL HOTEL SITE AT 100 21 STREET THIS VACATION AND RIGHT OF WAY IMPROVEMENT (this "Agreement")is made and entered into as of the of A/tavr*2022,by and between the CITY OF MIAMI BEACH,FLORIDA,a municipal corporation of the State of Florida (the "City"),and BHI MIAMI LIMITED CORP.,a Delaware Corporation (the "Owner"). Recitals.The above recitals are true and correct and incorporated herein by 2. 2 WHEREAS,in accordance with Article II,Sections 82-36 through 82-40,of the City Code,(1)the City obtained an independent appraisal of the fair market value of the property proposed to be vacated;(2)the proposed vacation has been transmitted to the Finance and Economic Resiliency Committee (”FERC”)for its review;(3)the City's Planning Board,after a duly noticed public hearing,recommended approval of the vacation;(4)the City’s Planning Department has prepared a written planning analysis that was duly submitted to the City Commission concurrent with its consideration of the proposed vacation;and (5)the title of the Resolution approving the proposed vacation was heard by the City Commission on two separate meeting dates,with the second reading accompanied by a duly noticed public hearing;and WHEREAS,the City Commission approved the vacation of the Roadway Segment,on first reading,on February 10,2021,and set a second and final reading of the Vacation Resolution;and WHEREAS,the City Commission approved the vacation of the Roadway Segment,on second reading,after a duly noticed public hearing through Resolution 2021-31723 on May 26,2021 (the “Vacation Resolution”);and WHEREAS,the vacation of the Roadway Segment was made subject to and conditioned upon the Owner’s delivery of certain public benefits to the City,as set forth in this Agreement,which include:(1)the Owner making public benefit payments totaling $7,400,000 to the City (“Public Benefit Payment”);(2)the Owner providing the City with a perpetual easement over the Roadway Segment (the “Roadway Easement”)to ensure (i) continued public use of the Roadway Segment for City access,(ii)public pedestrian and vehicular travel,and (iii)the installation and maintenance of utilities by the City;and (3) the Owner has further agreed to the installation and perpetual maintenance of additional landscaping adjacent to the Owner’s Property within the City’s Beach Access and Beachwalk area depicted in Exhibit “C.” 1. reference. NOW,THEREFORE,in consideration of the foregoing and the mutual covenants herein contained,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereby agree as follows: Public Benefit Payment.The Owner shall make the Public Benefit Payment contribution to the City in several payments,as follows: a.The Owner shall make the first payment to the City,in the amount of $1 ,000,000,within thirty (30)days following Historic Preservation Board approval for the Proposed Development becoming final and non-appealable (the “First Installment”)or earlier,at the Owner’s option.The First Installment shall be refundable until the vacation of the Roadway Segment is effective,as set forth in Section 4. (i) 3 The Owner shall deliver:the required funds for the First Installment (if not previously paid)and the Second Installment and,unless the Owner exercises its option under Paragraph 2(b)of this Agreement a.The Parties agree that,unless the Owner exercises its option under Paragraph 2(b)of this Agreement to make the Second Installment early,they will jointly schedule the closing to coincide,as closely as reasonably possible,with the approval of the plans for the Full Building Permit by the Building Department but prior to the permit issuance (the “Closing “).In the event the Owner exercises its option under Paragraph 2(b)of this Agreement,the Closing shall be set at a date jointly acceptable to the City and the Owner.At the Closing (or prior to in accordance with appropriate escrow instructions): 3.Conditions Precedent to Issuance of Certificate of Occupancy.The Owner acknowledges that the Public Benefit Payment is essential consideration for the City’s vacation of the Roadway Segment.Accordingly,the Owner agrees that the City shall not issue the Public TCO or Public CO (in whole or in part)in respect of the Proposed Development until the Owner has made the Final Installment,and that based on Owner’s agreement,the City shall condition and withhold the issuance of the Public TCO or Public CO for the Proposed Development until such time as the Final Installment payment is made.This shall not preclude the issuance of a temporary certificate of occupancy or a temporary certificate of completion allowing for the stocking and training of staff before the Owner makes the Final Installment Payment. 4.Closing,Second Installment and Grant of Easement;Final Installment and Public TCO or Public CO. c.The Owner shall make the third payment,in the amount of $2,400,000 (the “Final Installment”),simultaneously with,but immediately prior to,the City’s issuance of a temporary certificate of occupancy allowing public occupancy of the Proposed Development (i.e.allowing the hotel to open to the public)(the “Public TCO”),or a certificate of occupancy or certificate of completion (the “Public CO"), whichever comes first,for the Proposed Development or earlier,at the Owner’s option.This shall not preclude the issuance of a temporary certification of occupancy or temporary certificate of completion allowing for the stocking and training of staff before the Owner makes the Final Installment.The Final Installment shall be non-refundable. b.The Owner shall make the second payment,in the amount of $4,000,000, immediately prior to the issuance of a full building permit for the Proposed Development (the “Full Building Permit”)as part of the Closing as described in Section 4 below (the “Second Installment”)or earlier,at the Owner’s option.The vacation of the Roadway Segment shall not be effective until the date the City receives the Second Installment.Upon the Owner’s payment of the Second Installment,both the First Installment and Second Installment shall be non- refundable,and the Final Installment shall be due and payable in accordance with Section 3.c below. (ii) b. (i) the City shall deliver the Quit Claim Deed;(ii) the Owner shall deliver the Covenant in Lieu of Unity of Title;(iii) (iv)the Owner shall deliver the Roadway Easement; (v) (vi) 4 to make the Second Installment early,all applicable City fees required for the issuance of the Full Building Permit;the fully executed perpetual Roadway Easement substantially in the form of Exhibit “D”attached hereto;a fully executed Covenant in Lieu of Unity of Title substantially in the form of Exhibit “E”attached hereto joining the Roadway Segment with the Owner’s Property as part of a Unified Development Site,which Covenant in Lieu of Unity of Title shall be binding on Owner and its successors and assigns;a fully executed Declaration of Restrictive Covenants and Maintenance Agreement in favor of the City substantially in the form of Exhibit “F” attached hereto;and any other related documentation reasonably required by the City; The City shall deliver:the properly executed Quit Claim Deed reflecting and confirming the City’s release of its exclusive dedicated easement and conveying any and all of its interests in the Roadway Segment to the Owner,substantially in the form attached as Exhibit “G”pursuant to and subject to the terms of the Vacation Resolution; the Full Building Permit provided that all requirements for obtaining a Full Building Permit have been satisfied and the Owner has not exercised its option under Paragraph 2(b)of this Agreement to make the Second Installment early,and any other related documentation reasonably required by the Owner. the Owner shall deliver and the City shall receive the funds for the First Installment (if not previously paid)and the Second Installment; unless the Owner exercises its option under Paragraph 2(b)of this Agreement to make the Second Installment early,the Owner shall deliver and the City shall receive the funds for all applicable fees for the issuance of the Full Building Permit;and the City shall deliver/issue the Full Building Permit (provided that all requirements for obtaining a Full Building Permit,have been satisfied);and the Owner shall deliver the Declaration of Restrictive Covenants and Maintenance Agreement; At the Closing,by escrow agreement,the order of delivery and recording shall be as follows: Lighting;a. Landscaping;b. Irrigation for landscaping;andc. d.Pedestrian walkways providing access to the Owner’s Property. 5 The Enhancements shall include landscaping and pedestrian walkways substantially consistent with those reflected in the landscape architectural drawings L-101,L-314,L-315 and L-316 attached as Exhibit “C,”as well as appropriate irrigation and lighting incidental thereto,all as ultimately approved by the City in connection with the permitting process for the Proposed Project.The Enhancements shall be installed prior to the issuance of a Public TCO or Public Certificate of Occupancy for the Proposed Development.Prior to the installation of 5.Installation and Maintenance of Beachwalk Improvements.Subject to necessary City approvals,the Owner shall design,fund,install,maintain and repair the following enhancements (the “Enhancements”)within the public Beachwalk Area (the “City Property”)adjacent to the Owner’s Property: c.The Owner acknowledges that until the Closing,no application for a Full Building Permit for the Proposed Development may lawfully be approved (and no Full Building Permit may be issued)without the City’s joinder to such application while the City holds the dedication of the Roadway Segment.The City agrees, upon Owner's request,to join any application for a Full Building Permit,but a Full Building Permit shall not be issued until the Closing.Notwithstanding the foregoing,the City may suspend or revoke such proprietary consent if the Owner terminates this Agreement or has failed to make the First Installment under Paragraph 2(a)of this Agreement.Upon such suspension or revocation,the City may,in its governmental capacity,withhold issuance of any Full Building Permit for the Proposed Development which requires the City's proprietary consent for issuance.Notwithstanding the foregoing,the City acknowledges and agrees that following the Closing,the Owner shall not be required to obtain the City’s joinder to any application for a Full Building Permit and this Section 4(c)shall no longer be applicable. d.Upon substantial completion for the Proposed Development and the City’s approval (in its regulatory capacity)of the application for the Public TCO or the Public CO allowing public occupancy of the Proposed Development (i.e.,the opening of the hotel to the public),but prior to the issuance of the Public TCO or Public CO,the Owner shall wire the funds for the Final Installment and any other fees required for the issuance of the Public TCO or Public CO.Upon receipt of the Final Installment and funds for any required fees,provided that all requirements for obtaining a Public TCO or Public CO,as applicable,have been satisfied,the City in its governmental capacity shall immediately issue and deliver the Public TCO or Public CO to allow the hotel to open to the public. 8. Default.9. (a) 6 the Enhancements,the Owner shall execute and record the “Declaration of Restrictive Covenants and Maintenance Agreement”substantially in the form of Exhibit “F”or similar document acceptable to the City providing that the Owner will install and maintain all Enhancements in a manner consistent with the quality the Owner provides to the open areas of the Owner’s Property and in accordance with the City’s Routine Ground Maintenance Specifications. Force Majeure.The time for the installation,maintenance,and repair of the Enhancements will be tolled due to force majeure events (including,without limitation, strikes,lockouts,acts of God,pandemics,hurricanes and severe weather,and other causes beyond the control of either party)(“Force Majeure Event”).In no event shall “Force Majeure Event”include economic hardship or financial inability to perform.Any party claiming such Force Majeure Event shall deliver written notice to the other party of such Force Majeure Event within twenty-one (21)days after first becoming aware of the occurrence thereof,which notice shall describe in reasonable detail the events giving rise to the Force Majeure Event;and such Party shall diligently attempt to remove, resolve or otherwise seek to mitigate such delay and keep the other party advised with respect thereto.Time is of the essence with respect to this provision,and any failure by a party to timely deliver such notice of a Force Majeure Event shall be deemed a waiver of such party’s right to delay performance as a result of such Force Majeure Event. If Owner breaches its obligations as specified herein (and same are not waived by the City),then the City shall give Owner written notice specifying the nature of the default and Owner shall have thirty (30)days for a non-monetary default and five (5)days for a monetary default,after receipt of such notice within which to cure the specified default;provided,however,if the nature of such non monetary default is such that the same cannot reasonably be cured within such thirty (30)day period,Owner shall not be deemed to be in default if Owner shall, 6.Cooperation.Should any claims,demands,suits or other legal proceedings be made or instituted by any person against the City which arise out of the matters.relating to this Agreement,in addition to defending,indemnifying and holding the City harmless pursuant to the terms of that certain Reimbursement and Indemnity Agreement between Owner and the City dated as of December ,2020 and that certain Hold Harmless Agreement dated as of May 5,2021 executed by Owner in favor of the City,the Owner shall provide the City with all pertinent information and reasonable assistance,in the defense or other disposition thereof. 7.Recording and Term.This Agreement shall be recorded in the Public Records of Miami-Dade County,Florida,at the cost of the Owner.The obligations set forth in this Agreement are intended to be covenants that will run with the title to the Roadway Segment,which shall be binding on the Owner,and its heirs,successors, assigns,personal representatives,mortgagees and lessees,and against all persons claiming by,through or under any of them.The Owner’s obligations under this Agreement run with the land and are not capable of being rejected under 1 1 U.S.C.§365. 7 within such period,commence such cure and thereafter diligently prosecute the same to completion;provided further,however,that the maximum cure period for any default hereunder shall not exceed ninety (90)days from the date of the initial written notice of default from the City to Owner.If the default is not cured within the applicable cure period,or if Owner becomes the subject of any bankruptcy or insolvency proceeding,then the City may,on written notice to Owner,terminate this Agreement. 10.Representations and Warranties by the City.The City represents and warrants to the Owner that (a)the City has all necessary power to execute and deliver this Agreement and perform all its obligations hereunder,(b)this Agreement has been duly authorized by all requisite action on the part of the City and is a valid and legally binding obligation of the City enforceable in accordance with its terms,and (c)neither the execution and delivery of this Agreement by the City nor the performance of its obligations hereunder will result in the violation of any law,rules or regulations or any other agreement to which the City is a party or is otherwise bound. 1 1 .Representations and Warranties by the Owner.The Owner represents and warrants to the City that (a)the Owner is a corporation duly organized,validly existing and in good standing under the laws of the State of Delaware,is authorized to transact business under the laws of the State of Florida and has all necessary power to execute and deliver this Agreement and perform all its obligations hereunder,(b)this Agreement has been duly authorized by all requisite action on the part of the Owner and is a valid and legally binding obligation of the Owner enforceable in accordance with the terms,and (c)neither the execution and delivery of this Agreement by the Owner nor the performance of its obligations hereunder will result in the violation of any provision of its articles of incorporation or any other organizational or governing document as amended to date,or will conflict with (i)any law or any order or decree of any court or governmental instrumentality having jurisdiction or (ii)any other agreement to which the Owner is a party or is otherwise bound. 12.Automatic Stay.In the event of a bankruptcy filing by the Owner,the parties agree that the enforcement of the City’s rights hereunder is a proper exercise of its police or regulatory powers and therefore such enforcement of the Agreement by the City in the (b)If the City breaches its obligations as specified herein (and same are not waived in writing by Owner),then Owner shall give the City written notice specifying the nature of the default and the City shall have thirty (30)days after receipt of such notice within which to cure the specified default;provided, however,if the nature of such default is such that the same cannot reasonably be cured within such thirty (30)day period,the City shall not be deemed to be in default if the City shall,within such period,commence such cure and thereafter diligently prosecute the same to completion;provided further,however,that the maximum cure period for any default hereunder shall not exceed ninety (90)days from the date of the initial written notice of default from Owner to the City.If the default is not cured within the applicable cure period,then Owner may,on written notice to the City,terminate this Agreement. The City: With a copy to: and Owner: 8 event of a bankruptcy filing by the Owner is not prohibited by the automatic stay provisions of 11 U.S.C.§362(a).Notwithstanding,to the extent applicable,Owner agrees for good and valuable consideration to waive the provisions of 1 1 U.S.C.§362(a)as they relate to the ability of the City to enforce its rights under the Agreement in the event of bankruptcy of the Owner. City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Attn:City Manager Fax:(305)673-7782 City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Attn:City Attorney Fax:(305)673-7002 City of Miami Beach 1700 Convention Center Drive Miami Beach,Florida 33139 Attn:Public Works Director Fax:(305)673-7028 BHI Miami Limited Corp. 1521 Alton Rd.#403 Miami Beach,Florida 33139 Attn:Wayne Landing 14.Notice.All notices,demands,requests,consents and approvals which may,or are required to,be given by any party to any other party thereunder shall be in writing and either (a)personally delivered,(b)sent by United States mail,registered or certified,postage prepaid,return receipt requested,or (c)sent by a nationally recognized overnight delivery service,freight prepaid,return receipt requested,and addressed as follows,and shall be deemed given upon receipt if delivered personally,upon the sending machine printing a confirmation of transmission,if transmitted by fax,or upon the date of delivery (or refusal to accept delivery)on a business day (or the next succeeding business day,if not delivered on a business day),as evidenced by the return receipt if sent pursuant to subsection (b)or (c)above,at the address specified below,or to such other addresses as either party may from time to time designate in writing and delivery in a like manner. Notice given by an attorney for either party shall be deemed as effective notice given by such party. 13.Successors and Assigns.This Agreement shall inure to the benefit of,and be binding upon,the parties hereto and their respective successors and assigns. With a copy to: and Insurance.15. (a) 9 Bilzin Sumberg 1450 Brickell Ave,Suite 2300 Miami,Florida 33131 Attn:Carter McDowell,Esq. Bercow Radell Fernandez Larkin &Tapanes,PLLC 200 S.Biscayne Boulevard,Suite 300 Miami,Florida 33131 Attn:Michael Larkin,Esq. City Election to Self-Insure.The City has elected to self-insure the City Property against physical damage and against liability for loss,damage or injury to property or persons that might occur on the City Property or to the Enhancements located on the City Property. 16.Indemnification by the Owner,The Owner shall indemnify,hold and save the City,and its officers,agents,contractors,and employees,whole and harmless and, at City's option,defend same,from and against all claims,demands,actions,damages, loss,cost,liabilities,expenses,and judgments of any nature recovered from or asserted against City on account of this Agreement or injury or damage to person(s)or property, to the extent that any such claim,damage or injury may be incident to,arise out of,or be caused,either proximately or remotely,by the Enhancements.The Owner shall and will pay all costs and expenses,including reasonable attorney's fees and court costs,incurred by or imposed upon the City by virtue of any litigation brought by third parties against the City,including appeals,alleging injury or damage to person(s)or property due to the installation or maintenance of the Enhancements. 17.Partial Invalidity.In the event that any one or more of the phrases, sentences,clauses,or paragraphs contained in this Agreement shall be declared invalid by final and unappealable order,decree,or judgment of any court,this Agreement shall be construed as if such phrases,sentences,clauses,or paragraphs had not been inserted in this Agreement,it being intended by the parties that the remaining provisions of this Agreement shall remain in full force and effect notwithstanding such invalidation. (b)Owner’s Insurance.The Owner shall obtain and maintain a liability insurance policy in the covered amount of at least $1,000,000 per incident to provide compensation for personal injuries or related claims stemming from any error,omission,negligence,or misconduct on the part of the Owner,or any of its respective officers,agents,servants,employees,contractors in the installation or maintenance of the Enhancements on the City Property. 10 22.Amendments.No change,amendment or modification of this Agreement shall be valid or binding upon the parties hereto unless such change,amendment,or modification shall be in writing and duly executed by all parties hereto. 23.No Waiver.Any waiver by any party of a breach of any provision of this Agreement shall not operate as,or be construed to be,a waiver of any other breach of such provision or of any breach of any other provision of this Agreement.The failure of a party to insist upon strict adherence to any term of this Agreement on one or more occasions shall neither be considered a waiver nor deprive that party of any right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the party to be charged therewith. 20.Enforcement.In the event of any dispute under this Agreement concerning the meaning or interpretation of any provision of this Agreement,the party not prevailing in such dispute shall pay any and all costs and expenses reasonably incurred by the other party in enforcing or establishing its rights thereunder,including,without limitation,court costs and reasonable attorney's fees before and at trial and through all appellate levels. 18.No Joint Venture.It is not intended by this Agreement to,and nothing contained in this Agreement shall,create any partnership,joint venture,limited liability company or other arrangement between the City and the Owner other than that of owner and independent contractor.No term or provision of this Agreement is intended to be,or shall be,for the benefit of any person not a party hereto,and no such other person shall have any right or cause of action thereunder. 21.Entire Agreement.This Agreement constitutes the entire agreement between the City and the Owner with respect to the subject matter hereof,and supersedes and replaces all prior or contemporaneous discussions,negotiations,letters, memoranda or other communications,oral or written,with respect to the subject matter hereof.This Agreement may only be subsequently modified or amended in a writing signed by both the City and the Owner. 19.Governing Law.This Agreement and the rights of the parties hereto shall be governed and construed in accordance with the laws of the State of Florida and all claims related to this Agreement shall be brought and prosecuted in Miami-Dade County, Florida,which shall be the exclusive venue for all such matters.Before resorting to litigation,the parties agree to use commercially reasonable,good faith efforts to resolve disputes without litigation as hereinafter provided.In the event of a dispute which the parties cannot resolve directly between themselves within ten (10)days,the parties agree to submit to non-binding mediation for up to a period of thirty (30)days after either party sends written notice to the other party demanding mediation (but no longer unless the parties mutually agree)to resolve the dispute using an independent,trained mediator agreed to by both parties.If the dispute remains unresolved after such thirty (30)day period or if the parties cannot agree upon a mediator within fifteen (15)days after the demand for mediation,either party may proceed to commence litigation.The parties shall equally split the cost of the mediator. [SIGNATURES TO FOLLOW ON NEXT PAGE] 11 26.Counterparts;Facsimile.This Agreement may be executed in counterparts,each of which shall be deemed an original and all of which together shall constitute one and the same instrument.A facsimile signature shall be deemed for all purposes to be an original. 24.Waiver of Jury Trial.The parties to this Agreement hereby agree not to elect a trial by jury of any issue triable of right by jury and waive any right to trial by jury fully to the extent that any such right shall now or hereafter exist with regard to this Agreement or any action or proceeding in which more than one of such parties may be involved.This waiver of right to trial by jury is given knowingly and voluntarily by the parties hereto and is intended to encompass individually each instance and each issue as to which the right to trial by jury would otherwise accrue.The parties hereto are each hereby authorized to file a copy of this paragraph in any proceeding as conclusive evidence of this waiver. 25.Exculpation of the City.Notwithstanding anything contained in this Agreement to the contrary,upon the occurrence of any claim under this Agreement or termination caused by the City's default,the recourse of the Owner against the City shall be limited to the actual damages incurred by the Owner resulting from the City's material breach under this Agreement (after expiration of any applicable notice and cure period) or the City's willful misconduct or gross negligence,it being agreed that any employees or agents of the City shall never be personally liable for any such judgment and are hereby unconditionally and irrevocably released,satisfied and forever discharged of and from any and all actions,causes of action,claims,demands,losses,costs and expenses, whether direct,contingent or consequential,liquidated or unliquidated,at law or in equity, that Owner has or may or shall have. FOR THE OWNER: BHI Miami Limit Print Name:r .Tmsh Print Name: ) % EXECUTED as of the date first above written in several counterparts,each of which shall be deemed an original,but all constituting only one agreement. fa C.vT'-f 'KC H Fl STATE OF F±eRtDA ) vj,c-)SS: COUNTY OF MIAMI-DADE .c ft By:/' Name:Wayne landing Tit^:/Directed NOTARY PUBLIC C H C ,/** Typed or printed Name of Notary My Commission expires: Serial No.,if any a The foregoing instrument was acknowledged before me by means of physical presence or online notarization,this by Wayne Landing,as Director of BHI Miami Limited Corp.,on behalf of the company.He/she is personally known to me or has produced F as identification. ration AiW (WjlU STATE OF FLORIDA COUNTY OF MIAMI-DADE oath. v Date EXECUTED as of the date first above written in several counterparts,each of which shall be deemed an original,but all constituting only one agreement. By://< Name:Dan Gelber Title:Mayor ) )SS: ) NOTARY PUBLIC Typed or printed Name of Notary My Commission expires: Serial No.,if any FOR CITY: Print Name: *—"V CV —- Print Name: I APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION Mag-lA.t~Os.^>itvA Wst / CITY OF MIAMI BEACH, a Florida MunictpakCofbc City Attorney The foregoing instrument was acknowledged before me this day of /\ugusJ' 2022 by Dan Gelber,as Mayor of the City of Miami Beach,Florida,on behalf of the City. He is personally known to me or has produced 'as identification and who did/did not take an =V- ... %/^ORIDA EXHIBIT "A" LEGAL DESCRIPTION:RIGHT OF WAY VACATION FOR A PORTION OF 21st STREET way SURVEYOR'S NOTES: SURVEYOR'S CERTIFICATION: Drawn By DateDWF Cad.No. Scale201042 Ref.Dwg. Job.No.2010422007-084-NAVD Dwg.No.1020-092 Plotted:1 1/23/20 Sheet of 31 Begin at the Northwest corner of said Lot 5 of Block A;thence S 70‘02’49"E along the South right of > line of said 21st Street also being the North line of said Block A and the Easterly projection thereof,for 269.46 feet;thence N 19’57’11''E for 25.00 feet a point on the Centerline of 21st Street;thence N 70’02'49“W along said center line of said 21st Street for 269.46 feet;thence S 19'57'11”W along the Northerly projection of the West line of said Lot 5 for 25.00 feet to the Point of Beginning. -This site lies in Section 34,Township 53 South,Range 42 East,City of Miami Beach,Miomi-Dode County, Florida. -Bearings hereon are referred to an assumed value of N 70’02'49"W for the North line of Block A. -Lands shown hereon were not abstracted for easements and/or rights-of-way of records. -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 ^2007-084-NAVD. "Not valid without the signature and original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below" Daniel C.Fortin jr.,For The Firm Surveyor and Mapper,LS6435 State of Florida. FORTIN,LEAVY,SKILES,INC.,LB3653 Digitally signed by Daniel C Fortin DN:c=US,o=Unaffi Mated, ou=A01 41 0D00000 1 7402A2BF420004 295B,cn=Daniel C Fortin -Date:-2020.1 1 .24 1 6:45:34 -05'00' 1 1/23/20 1”=5O' By.( I hereby certify that this "Sketch of Description”was made under my responsible charge on November 23, 2020,and meets the applicable codes as set forth in the Florida Administrative Code,pursuant to Section 472.027,Florida Statutes. TLEGAL DESCRIPTION,NOTES &CERTIFICATION} Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street I North Miami Beach,Florida 33 162 J x.Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvey.com J A portion of 21st Street lying in Section 34,Township 53 South,Range 42 East of AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,as recorded in Plot Book 5,Pages 7 and 8,of the Public Records of Miami—Dade County,Florida,being adjacent to Lots 1,3 and 5 of Block A and the Easterly projection thereof and being more particularly described os follows: I N 70°02'49"W 269.46' r 30.00 25.00' I LOT 7 LOT 5 LOT 3 LOT 9 ct PAGES7&8 B L O iC K A 30.00 I LOT 6 LOT 4 LOT 2 LOT 1 0 II I 1200 'Drawn By SKETCH OF DESCRIPTION Date 1 1/23/20 DWF Cad.No. Scale 1”=6O’ 201042 Ref.Dwg. Job.No.2010422007-084 -NAVD Dwg.No.1020-092 Sheet of Plotted:11/23/20 32 I I I I L_ I I (PARK AVENUE -PLAT) (PUBLIC RIGHT OF WAY) POINT OF BEGINNING NORTHWEST CORNER OF LOT 5 AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY PLAT BOOK 5 21st STREET NORTH LINE OF BLOCK A AND EASTERLY PROJECTION I I rEASTERLY EXTENSION LIN OF THE NORTHERLY LINE OF LOT 2 NOT SUBDIVIDED O A o ID (N 21st STREET 180.00' CITY PARK PER PLAT BOOK 5.PAGE 7 GRAPHIC SCALE 30 60 EXHIBIT "A" Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street /North Miami Beach,Florida 33162 Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvey.com J kJ NOT DESIGNATED PER PLAT /CENTER LINE s g I 1 ,88s3|I-ot 1 !I I® S 19“57'U"W /25.00’ in V S 70”02|49"E N NORTHERLY PROJECTION OF WEST LINE LOT 5 T O 2 w CQ > _CC <Q 1in IN , L 'll (IN FEET ) 1 inch =60 ft. LU ZD UJT|| *o I O 0 I III _i~-i O I— °I 4 z E ItCI C/)g^ H UJ EXHIBIT "A" STREET VACATION CITY PARKJI 21st S < o e> LOCATION SKETCH Dram By Date 1 1/23/20 DWF Cad.No. Scale201042 NTSRefDwg. Job.No.2010422007-084-NAVD Dwg.No.1020-092 Sheet Plotted:11/23/20 of 33 LU Z LU lU Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street /North Miami Beach,Florida 33 162 Phone 305-653-4493 /Fax 305-651-7152 /Email fls@fhlsurvoy.com J L ' 0 Jr *W i i i i _i i i i i —i \ \Vx \ \ \ \ \ \\ 7 |5 |3 |1 S E AGO L [HOTEL _ 8 I 6 I 4 |2 I I I W\v\ % (f) z J . POthSTREET o j r o i r 9 MJ, 10 I L Easement Exhibit B Legal Description of 100 21 Street (Abutting Property) TOGETHER WITH appurtenant driveway easement contained in Deed Book 1727,Page 535 as modified by Agreement recorded in Deed Book 1974,Page 1,of the Public Records of Miami-Dade County,Florida. TOGETHER WITH that certain strip of land lying between the Easterly boundary of said Block A and the Atlantic Ocean and bounded on the North by the Southeasterly extension of the North line of said Block A,and bounded on the South by the Southeasterly extension of the dividing line running East and West between the lots in said Block A,as the same appears of record in Plat Book 5,Page 7,of the Public Records of Miami-Dade County,Florida. Lots 1,3 and 5,Block A,of AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,according to the map or plat thereof,as recorded in Plat Book 5,Pages 7 and 8,of the Public Records of Miami-Dade County,Florida. EXHIBIT C CITY'S BEACH ACCESS BEACHWALK AREA AND BEACHWALK ENHANCEMENTS LEGAL DESCRIPTION: OS SURVEYOR'S NOTES: SURVEYOR'S CERTIFICATION: "Not valid without the signature and original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below" z Drawn By 2/11/22DateMAP Cad.No.22001 1 Ref.Dwg. 22001 12007-084 Dwg.No.1022-001 Plotted:2/11/22 11:16a Sheet of 31 Exhibit C City Beachwalk Area LEGAL DESCRIPTION,NOTES &CERTIFICATION Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 1 80 Northeast 1 68th Street /North Miami Beach,Florida 33 162 Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvey.com . I hereby certify thot this “Sketch of Description"wos mode under my responsible chorge on Februory 11,2022, 2021.ond meets the opplicoble codes os set forth in the Florida Administrative Code,pursuant to Section 472.027,Florido Statutes. FORTIN,LEAVY,SKILES,INC.,LB3653 Digitally signed by Daniel C Fortin 7 N-?DN:c=US,o=Unaffiliated, I /..ou=A0 1410D000001 7402A2BF42 0004295B,cn=Daniel C Fortin —Date:2022.02.14 10:32:05 -05’00’By:_L Doniel C.Fortin,Jr.,For The Firm Surveyor ond Mapper,LS6435 Stole of Florida. A portion of 21st Street ond o portion of land lying Easterly of the Erosion Control Line,os recorded in Plot Book 105 ot Page 62,of the Public Records of Miami—Dode County,Florida,being more particularly described follows: —This site lies in Section 34,Township 53 South,Range 42 Eost,City of Miami Beoch,Miomi-Dode County, Florido. —All documents are recorded in the Public Records of Miomi-Dode County,Florido unless otherwise noted. —Bearings hereon ore referred to on assumed value of N 70’02’49"W for the North line of Block A. —Lands shown hereon were not abstracted for easements ond/or rights—of—woy of records. —This is not a "Boundary Survey"but only a graphic depiction of the description shown hereon. —Dimensions shown hereon ore based on Fortin,Leavy,Skiles,sketch #2007-084. Scale N0T To SCALE Job.No. Commence ot the Northeast corner of Lot 1,Block A,AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,as recorded in Plat Book 5 ot Poges 7 and 8,of said Public Records of Miomi-Dode County,Florida,the following two (2)courses being along the Easterly extension of the North line of said Lot 1,also being the South right of woy line of N.E.21st Street;1)thence S 70'02'49“E for 37.62 feet to the Point of Beginning;2)thence continue thence S 70’02'49"E for 205.53 feet;thence S 14’15’16"W along sold Erosion Control Line for 125.37 feet;thence S 64’52’54“E for 3.32 feet;thence N 21’45'50"E for 13.75 feet;thence N 13'00'34"E for 40.91 feet;thence N 24’32'54"E for 17.91 feet;thence N 47'57'04"E for 14.33 feet;thence N 16'52’09“E for 9.78 feet;thence N 11'13'12"E for 8.67 feet;thence N 32'15'20"E for 6.71 feet;thence N 52'12'20“E for 9.16 feet;thence N 38'23'56"E for 5.58 feet;thence N 21'37’40"E for 6.46 feet;thence N 05'46'52"E for 5.27 feet;thence N 02'46'41"W for 7.36 feet;thence N 47'23’26"W for 12.79 feet;thence N 82'32'52"W for 24.35 feet;thence N 62'08'43"W for 32.98 feet;thence N 54'14'14"W for 6.33 feet;thence N 47'16'40"W for 7.36 feet;thence N 37'31'53"W for 7.32 feet;thence N 34'44'11”W for 10.90 feet;thence N 46'54'55”W for 10.75 feet;thence N 62'30'27"W for 9.49 feet;thence N 76'22'47"W for 7.80 feet;thence S 89'49’43’'W for 9.85 feet;thence S 75'30'38"W for 7.31 feet;thence S 80'26'30"W for 10.72 feet;thence N 84'37'21"W for 10.87 feet;thence N 69'19'03"W for 7.60 feet;thence N 53'56'50"W for 7.44 feet;thence N 29'44'30"W for 8.90 feet;thence N 62'02’54"W for 11.21 feet;thence N 86'36'29”W for 31.83 feet:thence S 42'02’07"W for 15.38 feet;thence S 19'36'04"W for 10.33 feet to the Point of Beginning. EXHIBIT "A" V L1 I2 I Cl I NOT SUBDIVIDED I tI I CM Q I 0 Drawn By SKETCH OF DESCRIPTION Date 2/11/22 MAP Cad.No. Scale 1"40’ 22001 1 Ref.Dwg. Job.No.22001 12007—084 Dwg.No.1022-001 Sheet of Plotted:2/11/22 11:16a 32 o to CM Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street /North Miami Beach,Florida 33162 Phone 305-653-4493 /Fax 305-651-7152/Email fls@flssnrvey.com SOUTH RIGHT OF WAY LINE OF N.E.21 ST STREET CITY OF MIAMI BEACH BULKHEAD LINE PUBLIC WORKS DEPARTMENT DRAWING NUMBER SM-93F UPDATED APRIL 1997 I I I I I I 0 J o A * GRAPHIC SCALE 20 40 I 80 J LINE LI9 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 BEARING N54*14'14"W N47*16’40"W N37‘31‘53"W N34'44'11"W N46‘54'55"W N 62'30'27''W N76'22‘47"W SB9'49,43‘,W S75'30’38"W S80’26,3QMW NB4,37'2l"W N69*19'03"W N53’56,50"W N29‘44'30*,W N62’02'54"W N86,36'29”W S42,02’07"W SI 9*36'04”W LINE TABLE LENGTH 205.53 125.37 3.32 13.75 40.91 17.91 14,33 9.78 8.67 6.71 9.16 5.58 6.46 5.27 7.36 12.79 24.35 32.98 LINE TABLE LENGTH 6.33 7.36 7.32 10.90 10.75 9,49 7,80 9.85 7.31 10.72 10.87 7.60 7.44 8,90 11.21 31.83 15.38 10.33 BEARING S70'Q2'49"E S14*15’16"W S64'52'54"E N21*45,50"E N13‘00'34"E N24‘32’54”E N47‘57'04"E N16‘52'09"E NH*13'12"E N32*15'20"E N52'12‘20"E N38'23*56”E N21*37’40"E N05‘46*52"E N02’46'4l"W N47*23*26"W NB2*32*52"W N62,08‘43',W —EASTERLY EXTENSION OF THE SOUTHERLY LINE OF LOT 1 ,—CENTERLINE OF /N.E.21 ST STREET 4 ~“ 21 ST STREET I (PARK AVENUE -PLAT)w (PUBLIC RIGHT OP WAY)L POINT OF BEGINNING P > £E Z HI < £L 0- 05 Ct 0 a.o ,co z z oa 0 hi s ms Z >0 I DJ _i < ?°-a> i—.n *~ BULKHEAD LINE .DEED BOOK 1727 | PAGE 535 I “•in012 I “i0 I E ooI”<ID a 2 w LU Q I 1 ZH ;uj a. 1° ,_S70J02^9”E h’37.62’ 1\ 'L POINT OF COMMENCEMENT N.E.CORNER OF LOT 1 BLOCK A LINE LI L2 L3 L4 L5 L6 L7 LB L9 L10 L11 L12 LI 3 L14 LI 5 L16 L17 L18 (IN FEET ) 1 inch =40 ft. SO.I 1 Z T“ >— tr a. o o z EXHIBIT "A" CITY PARKJI 1 STREET20TH \ Drawn By Date 2/11/22 MAP Cad.No. 220011 Ref Dwg. 22001 1 2007-084 Dwg.No.1022-001 Sheet of Plotted:2/11/22 1 1:16oy 33 ATLANTIC OCEAN z 111 > < tn z d i— o r o LOCATION SKETCH Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street /North Miami Beach,Florida 33162 Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvey.com 21ST STREET^ % V Scale N0T T0 SCALE Job.No. o^- iamts«s 5 s £ I I !i !I sums*m m is a sa s gszZ3= ££ E c Iii5i 5 r.1 CS3H IG ' f ran s a s <?f IiI ! i I !1 r [II I I i iI! h I I I I i I i 1 I S R I X i I... Hll ! I A .x' I I I 6 ! s 5 I p i I I I I Exhibit C —Beachwalk Improvements i _£D u o £D O’ aT o g ro r Q I I 3 S I I ! 3 F“| —k V B z g m o CD I S’ co IQ' i I I I i I E I I J I 70 0 I g I s m o I o 5 z I I I I i I I I § oi i I ! I I J I 5p§ I S ! r I ! I BVLGARI HOTEL MIAMI BEACH >00 2tst STREET MIAMI BEACH,FL 33 139 1 ,,II sdlMIH i J 8 5 R u 11 I I .J A . ! V L<--I 1 ’K Z3 ' syi!H»ii of w0*1*- -f- •\J:” Wi ’-m ;W b I. ——{w- rT\^ i s » ! Si R % 1 3 s § .1! Lr -.TO iSI h - VI\X./MIAMI BEACH j lT14 7 1 1 I i .J''• 3? sa B jO‘ St^'i 3I I I W^G)'IX1•“i- x r Id A" W A ?8 «hd r "TSK I04'C''45.0*A*Lt-'•a®J/1.wj:SIV>ulX-1NOTE:ConceptualDesignstillsubjectfurtherreviewandapprovalbytheOwnerandtheCitySSHSiophonMIchMlCallahanO-oaCITTERIO-VIELbPARTNERS6^-7.../\\'MOPJS.'T^£'ll'4--VirevueltaTS5S5P,2^ZWye?\=PROPERTOwrwrInformationBH1MiamiLimitedCorp.rracirar.-trtu>0'0IIITHRESHOLDfortUuOwrtofo,FL3»0)(MptiuniJiss&sjxiiz;Dts>CH*nosrrcrROADVACATIONSET -™ asshqwtiFHfoottin. tnair-OMMrcaaoptpunL-314’"'•'.:••*-••I^JTkxXX’.•.M£0VB?XL0::00S"3''X?.Ii<“xRIGHT-OF-WAYCANOPYPLAN(1.'\i \A:,.J0..,\0As/s’]Lkin||I*LI'L”j•'i'!•?/A.HA%I!n.;-•-~.,<:’•v.-.--....;'"•'uw=*"|:i•'•"k©?•!:QA—SO*977L.fi!-ILu_SI-'-..-i:*jLL'j.'.-•J-.,-i “li-..-......j..Q.j"j”"”™’'I-‘j•L.L'LLLI .tsir•7<JX.-fi79/!//-'c.'.AX'—»•»<I«;<»»aW4MM»»-alwaAaWIaM.viMRaKMro^MlCr.*>:.-•r.—.r<.z.np..y-.-.^..rr':n“x*-'_._._;"-£fe22L49^UMTTOFWORK:•cr;.:-UJQU5ISc5ebspiffis>'!gU?fiwilfe|liW1\ffeiLLLL'H--;.jL''/-< 4TM-2IlGRC-:-([GP.CUCSICHARCHITECT•4&TM-1LLLL"TH]\/•i!00-TM-2S)rooo-™-ta!’RIGHT-OF-WAYUNDERSTORYPLAN&NOTE:ConceptualDesignstillsubjectfurtherreviewandapprovalbytheOwnerandtheCityL-315.IIrevuefcauremcecnxornxmritxv’W3icph«nmioiimICallAnwi.j/NUT)'('<!y*\sSLUHI>5(DIVi\'t\,|GRC|GRC.-BHlMtomlUmllodCorp..-jrFisi?as)-LLROADVACATIONSET--2S••—woonrorrkm•zrTHRESHOLD.HEU.OUj.m-UuWnbh.FL33501pulmi-Ani|GRCjtEsasss:|GRCcrOV'N'^-CITTERIO-VIELbPARTNERSWs/r<>>//M.;o1P01J..LIMITWWORK-;IW.':1"tIT|i%V‘•O.:...ML-*'1io/J1S\p'.5^”..l—_JrfesSSiSS®S«E^!IJII3---—v..-.-rr-'"'.*m-,;yi'vJ0&-'-—1.;,-—---AC5'ydd:MiI?'1S-Yit!H'.L".Mt'\I\;Z'-):';):.i\1-y<J.Qg4-isj'iSW0SMI-1-^®®*®it?_——LIMITOFWORK•.-"JTh|-1\LIMITOFWORK000™^L-:k7lv':7rrftftjv-'lMYpLpilWift\M...\B\! arevueltaBULGARIHOTELRIGHT-OF-WAYPLANTLIST_Contractorshallcoordinateon-siteplantinglayoutvisitswithtneLandscapeArchitecttwo(2)weekspnortoinstallation._SeeLandscapeSpecificationsandNotesSec.4forContractorSamplePhotographSubmittalRequirementsoesuiNAMoirtcrBOTANICALNAMECOMMONNAME2COCOSNUCIFERA'GREENMALAYAN'CNCOCONUTPALM3SP-1SABALPALMETTOFLORIDASABALPALM30-3.7CLEAR-TRUNK,HEAVYSLICKTRUNK.CHARACTERNOSTRAIGHTTRUNKS3SP-2"SABALPALMETTOFLORIDASABALPALM24-26'CLEAR-TRUNK.HEAVYSLICKTRUNK.CHARACTERNOSTRAIGHTTRUNKS UNDERSTORYPALMS4LLLATANIALODDIGESIIBLUELATANPALMFIELDGROWN.6‘PLANTEDHT.MIN..FULLHEAD.SPECIMENS5TM-1'1HRINAXMORRISIIKEYTHATCHPALMFIELDGROWN.4-5'PLANTEDHT.MIN..SINGLETRUNK5TM-2'THRINAXMORRISHKEYTHATCHPALMTREES5CUCOCCOLOBAUV1FERASEAGRAPE3CE-CONOCARPUSERECTUSGREEN'GREENBUTTONWOODFIELDGROWN.14-16"HT.X7-ffSP.PLANTED.MULTI-TRUNK.BUSHFORM3CS•CONOCARPUSERECTUS-SER1CEUS'SILVERBUTTONWOODNATIVEUNDERSTORYTREES3NUT•CAPPARISCYNOPHALLQPHORAJAMAICANCAPERNUT•MYCIANTHESFRAGRANSSIMPSON'SSTOPPERNATIVESHRUBS10NSHCROTONDISCOLORLECHEOLLONSH’SAVIABAHAMENSISMAIDENBUSH7GALLON.30"PLANTEDHTMIN..FULLTOBASE12ACCAGAVETEQUILANABLUEAGAVE13ACC•SERENOAREPENS'GREENGREENSAWPALMETTO17'YUCCAALOIFOLIAALOEYUCCATBDGRCCARISSAMACROCARPA'EMERALDBLANKETNATALPLUM3GALLON.6"HT.X12"SP.MIN.FULLSPREADING.18’OC.TBDGRC•CHRYSOBALANUSICACO'HORIZONTAL'HORIZONTALCOCOPLUM7GALLON.24'PLANTEDHT.MIN..FULLTOBASE.36FOC.TBD•ERNODEALITTORALISGRCGOLDENBEACHCREEPER1GALLON.6-PLANTEDHT.MIN..FULLTOBASE.18"OC.jpUNESUNFLOWER|lGALLON.12"HTMIN..FULLCLUMP.24"OC.ISANDCOARDGRASS|aGALLON.30'PLANTEDHT.MIN.,FULLTOBASE,36"OC..LALOCATEON-SITE12TBDNOTE:ConceptualDesignstillsubjectfurtherreviewandapprovalbytheOwnerandtheCityStupharCalbhanTHRESHOLDCITTER1O-VIELbPARTNERSUJhIIROADVACATIONSET QUANTITYISYMBOLIPALMS ACCGROUNDCOVER16ACCENTSASSHOWN ""****'•ncHT-ouM*ustL-316FIELDGROWN.4-5'PLANTEDHT.MIN.MULTI-TRUNKDOUBLEFIELDGROWN.14-16'PLANTEDHT.X7-8'SP.MIN..MIULTI-TRUNKBUSHFORMSIZEFIELDGROWN.10-12CLEAR-TRUNK.HEAVYTRUNK.CHARACTERNOSTRAIGHTTRUNKS|2SGALLON.4'PLANTEDHT.MIN..HEAVY.SPECIMEN115GALLON36*HT.X2?,’M|N„FULLTOBASE,LATOLOCATEON-SITE17GALLON.3-4'PLANTEDHT.MIN..FULLTOBASE FIELDGROWN.14-17HT.X7-8'SP.PLANTED,MULTI-TRUNK.BUSHFORM -25GALLON.7HT.XS'SP.PLANTED,BUSHFORM.FULLTOBASE25GALLON.6'HT.X4'SP.PLANTED.BUSHFORM.FULLTOBASE3GALLON.24-PLANTEDHT.MIN..FULLTOBASE.So’OC.BHIMiamiLimitedCorp.rrss)nr-cTTCectkrenrcrraiucririi588688883sueu.ou.5M,r.rtWwl-flil*FL33MI(®-4)Ml4721[RECYCLEDMULCH.NOCYPRESSORDYESQTYCALCULATEDBYCONTRACTOR_*DenotesFloridaNativeSpecies_PlantsinstalledpursuanttothisCodeshallconformto.orexceed,theminimumstandardsforFloridaNumberOneasprovidedinthemostcurrenteditionof"GradesandStandardsforNurseryPlants,PartIandII."preparedbytheStateofFloridaDepartmentofAgricultureandConsumerServices_Plantquantitiesateprovidedforconvenience.Whendiscrepanciesarisebetweentheplantingplansandplantlistoccurtheplantingplanshalllakeprecedence.IIIIi09IxSI01=5“pl>5mFLOWERINGGROUNDCOVERTBD|HDE[hELIANTHUSDEBILISORNAMENTALGRASS.|OGRI*SPARTINABAKERIMISCELLANEOUSI[RECYCLEDMULCH EXHIBIT D ROADWAY EASEMENT AGREEMENT ROADWAY EASEMENT AGREEMENT -21 Street THIS EASEMENT AGREEMENT (the "Agreement"),is made this day of 2022,by BH I Miami Limited Corp.,having an address of 1521 Alton Rd.#403 Miami Beach,Florida 33139,(the "Owner")in favor of the City of Miami Beach,a Florida municipal corporation (the "City"). WITNESSETH: "Property"); WHEREAS,the real property more specifically described on Exhibit "B"attached hereto and incorporated herein by this reference (the "Easement Area")is contained within the Property;and WHEREAS,the Owner seeks to grant a perpetual non-exclusive easement in,upon,under and through the Easement Area in favor of the City for the "Easement Purposes"(as hereinafter defined). NOW THEREFORE,in consideration of the sum of Ten Dollars ($10.00)and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto intending to be legally bound hereby agree as follows: 1. 2. through the Easement Area for the purposes of (a)constructing,installing,operating,using, Grant of Easement.Subject to the rights reserved herein,the Owner hereby grants to the City a perpetual,non-exclusive and irrevocable easement in,upon,under and WHEREAS,the Owner holds fee simple title to that certain real property more specifically described on Exhibit "A"attached hereto and incorporated herein by this reference (the Recitals.The above recitals are true and correct and by this reference are hereby incorporated into the body of this Agreement as if fully set forth herein. This instrument was prepared by: Name:Rafael Paz,Esq.,City Attorney Address:City of Miami Beach 1700 Convention Center Drive,4th Floor Miami Beach,Florida 33139 Page 2 of 9 Construction in Easement Area.3. A. Area to substantially the same condition as existed prior to commencement of the B. Improvements,including harmonizing the soil levels within the Easement Area and the lands adjacent thereto,and (iii)keep and maintain the Improvements (and all parts and components thereof)in good condition,repair and working order at all times. If the Owner elects to maintain any existing private improvements or construct and/or install any infrastructure or other improvements within or above the Easement Area (the "Owner Improvements"),the Owner hereby acknowledges and agrees that:(a)all fees,costs construction,installation,operation,use,maintenance,repair and replacement thereof)shall be paid in full by the City;(b)the design and construction of all Improvements shall be performed and completed by the City (i)in a good and workmanlike manner,(ii)free from liens and defects, and (iii)in full compliance with all laws,rules,regulations,ordinances,codes and other requirements of governmental and quasi-governmental authorities having jurisdiction;and (c) upon final completion of the Improvements,the City shall (I)remove all debris,equipment and materials from the Easement Area,(ii)fill,compact,grade and otherwise restore the Easement If the City elects to construct and/or install any Improvements within the Easement Area,the City hereby acknowledges and agrees that:(a)all fees,costs and expenses associated with the Improvements (including,without limitation,the design,permitting, (collectively,(a)through (c)are herein referred to as the "Easement Purposes").The term "utilities"shall include,but not be limited to,water,sewer,stormwater,electrical,gas, telecommunications,telephone and cable. maintaining,repairing and replacing landscaping,sidewalks,street lighting,traffic or directional signage,underground utilities,drainage,roadways and related infrastructure with respect to each of the foregoing (the "Improvements")within the Easement Area,(b)granting to any parties providing utilities services the right to use and occupy the Easement Area for and in connection with the providing of any such utilities,and (c)unrestricted ingress and egress by the general public for pedestrian and vehicular travel over and across the Easement Area Page 3 of 9 and expenses associated with the Owner Improvements (including,without limitation,the cases be subject to the provisions of Section 4.9,below. Miscellaneous.4. 4.1 prevailing party all fees,costs and expenses (including,without limitation,reasonable attorneys' pedestrian circulation,the Owner may temporarily close portions of the Easement Area to the public when necessary to construct improvements on the Property.The City may not charge any fees associated with obstruction of the Easement Area during the construction process.For the avoidance of doubt,the maintenance and/or installation of Owner Improvements shall in all This Agreement shall be governed by,enforced and construed under the laws of the State of Florida.Venue for all actions,litigation and/or other proceedings arising out of this Agreement shall be exclusively in Miami-Dade County,Florida.The parties hereby knowingly and voluntarily waive the right to a trial by jury of any claim,controversy or disputed matter between them arising under,out of or in connection with this Agreement.The prevailing party in any action,litigation or other proceeding that is based on any claim,controversy or other disputed matter arising under,out of or in connection with this Agreement shall recover from the non design,permitting,construction,installation,operation,use,maintenance,repair and replacement thereof)shall be paid in full by the Owner;(b)the design and construction of all Owner Improvements shall be performed and completed by the Owner (i)in a good and workmanlike manner,(ii)free from liens and defects,and (iii)in full compliance with all laws, rules,regulations,ordinances,codes and other requirements of governmental and quasi- governmental authorities having jurisdiction;and (c)upon final completion of the Owner Improvements,the Owner shall (i)remove all debris,equipment and materials from the Easement Area,(ii)fill,compact,grade and otherwise restore the Easement Area to substantially the same condition as existed prior to commencement of the Owner Improvements,including harmonizing the soil levels within the Easement Area and the lands adjacent thereto,and (iii) keep and maintain the Owner Improvements (and all parts and components thereof)in good condition,repair and working order at all times.Subject to the maintenance of traffic and Page 4 of 9 4.2 force and effect. 4.3 4.4 designee,or the successor administrative officer with jurisdiction over the matter,and which is 4.5 Wherever appropriate in this Agreement,the singular shall be deemed to refer4.6 fees and costs through all trial,appellate and post-judgment levels and proceedings)incurred by the prevailing party in such action,litigation or other proceeding. The parties hereby acknowledge and agree that each has had an opportunity to be represented by or consult with independent legal counsel and that any rule of construction which provides that ambiguities are to be construed against the drafter shall not apply in the interpretation or construction of this Agreement.If any term,provision or portion of this Agreement is for any reason held to be invalid,illegal or unenforceable by a court of competent jurisdiction,then such term,provision or portion of this Agreement shall be given it nearest valid, legal and enforceable meaning,or construed as deleted,whichever such court may determine, and the same shall not invalidate the remaining terms,provisions and/or portions of this Agreement,which remaining terms,provisions and portions of this Agreement will remain in full This Agreement includes all exhibits attached hereto.This Agreement,together with all such exhibits,contains the entire agreement and understanding between the parties relating to the subject matter of this Agreement,and all prior or contemporaneous terms, covenants,conditions,representations,warranties,statements,agreements and understandings made by or on behalf of the parties,whether oral or written,are merged herein. recorded in the Public Records of Miami-Dade County,Florida.This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns. The failure of any party to insist in any one or more instances upon strict performance of any term,covenant,condition or other provision of this Agreement will not be construed as a waiver or relinquishment of the future enforcement of such term,covenant, condition or other provision of this Agreement. This Agreement may not be amended,modified or terminated except by a written instrument executed by the Owner and the City through its Public Works Director,or his Page 5 of 9 4.7 the same Agreement. 4.8 4.9 This Agreement and the rights,easements and interests herein created and4.10 granted shall only become effective upon the recordation of this Agreement in the Public Records All of the rights,easements and interests herein created and granted are and shall be limited to and utilized solely for the uses and purposes expressly set forth herein. Notwithstanding anything to the contrary contained in this Agreement,the Owner hereby expressly reserves the right to use and grant others the right to use any and all portions of the Property owned by it (including,without limitation,any and all portions of the Easement Area), provided,however (a)Owner shall not construct any Owner Improvements without obtaining the prior written approval of the City's Public Works Director,which approval may be withheld if the Public Works Director determines,in his or her sole discretion,that such Owner Improvements would frustrate the City's easement in,upon,under or through the Easement Area or impede the Easement Purposes in any way and (b)any such use by the Owner and/or others shall not damage any of the Improvements installed by the City under this Agreement or interfere with the Easement Purposes. of Miami-Dade County.This Agreement and the rights,easements and interests herein created and granted shall run with the land and shall be binding on all persons holding title to said lands. This Agreement shall never be construed as a conveyance in any manner whatsoever of fee simple title to any portion of the Property or the Easement Area;it being intended by the parties that this Agreement conveys only an easement interest with respect to the Easement Area for the specific uses and purposes set forth herein. This Agreement may be executed in multiple counterparts,each of which individually shall be deemed an original,but when taken together shall be deemed to be one and to the plural and the plural to the singular,and pronouns of each gender shall be deemed to comprehend either or both of the other genders.The section and paragraph headings in this Agreement are for convenience only and shall not affect the meaning,interpretation or scope of the terms or provisions set forth therein. Page 6 of 9 5. Agreement shall be in writing and addressed as follows: BHI Miami Limited Corp.If to Owner: 1521 Alton Rd.#403 Miami Beach,Florida 33139 Attn:Wayne Landing Bercow Radell Fernandez Larkin &Tapanes,PLLCWithacopyto: 200 S.Biscayne Boulevard,Suite 300 Miami,Florida 33131 Attn:Michael Larkin,Esq. City of Miami BeachIftotheCity: Attn:City Manager 1700 Convention Center Drive,4th Floor Miami Beach,Florida 33139 City of Miami BeachWithacopyto: Attn:Public Works Director 1700 Convention Center Drive,4th Floor Miami Beach,Florida 33139 Each party may designate by notice in writing a new address to which any notice,demand, request or communication may thereafter be so given,served or sent. Solely to the extent and limits permitted by Section 768.28 of the Florida6. Statutes,and without waiving any rights or defenses therein,the City shall indemnify,defend and hold the Owner harmless from and against all claims,demands,causes of action,suits,losses, damages,liabilities,liens,judgments,fees,costs,expenses and other charges (including,without limitation,reasonable attorneys'fees and costs through all trial,appellate and post judgment Notice.All notices,demands,requests or other communications which may be or are required to be given,served,or sent by either the Owner or the City pursuant to this levels and proceedings)(collectively,the "Claims")commenced,incurred and/or paid by or Page 7 of 9 7. negligence or willful misconduct of the City or any successor,assign and/or grantee thereof. from the design,construction,installation,operation,use,maintenance,repair and/or replacement of,or the failure to properly design,construct,install,operate,use,maintain,repair and/or replace,any Owner Improvements by the Owner.Notwithstanding anything to the contrary contained in this Agreement,the obligation of the Owner to indemnify,defend and hold the City harmless as set forth herein shall not apply to the extent any such Claims arise from the against any of the Owner to the extent the Claims arise from:(a)the willful misconduct or negligent use of the Easement Area by the City or any successor,assign and/or grantee thereof expressly approved by the City Commission;(b)the design,construction,installation,operation, use,maintenance,repair and/or replacement of,or the failure to properly design,construct, install,operate,use,maintain,repair and/or replace,any Improvements by the City or any successor,assign and/or grantee thereof expressly approved by the City Commission;and (c)any default,breach or violation of any term,covenant,condition or provision of this Agreement by the City or any successor,assign and/or grantee thereof expressly approved by the City Commission.Notwithstanding anything to the contrary contained in this Agreement:(y)nothing in this Agreement shall impair,limit or prohibit any rights or remedies the Owner has against any person or entity using or occupying the Easement Area under,through or as an assignee or grantee of the City;and (z)the obligation of the City to indemnify,defend and hold the Owner harmless as set forth herein shall not apply to the extent any such Claims arise from the negligence or willful misconduct of the Owner or any successor,assign and/or grantee thereof. The Owner shall indemnify,defend and hold the City harmless from and against all Claims commenced,incurred and/or paid by or against the City to the extent the Claims arise APPROVED Public Works Director Date City Attorney Date [EXECUTION PAGES TO FOLLOW] APPROVED AS TO FORM &LANGUAGE BHI Miami Limited Corp. Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE IN WITNESS WHEREOF,the Owner has caused these presents to be signed,sealed executed and acknowledged on day of 2022 in its name by its proper officials. NOTARY PUBLIC Typed or printed Name of Notary My Commission expires: Serial No.,if any )SS: The foregoing instrument was acknowledged before me by means of physical presence or online notarization,this day of 2022 by Wayne Landing,as Director of BHI Miami Limited Corp.,on behalf of the company.He is personally known to me or has produced as identification and who did/did not take an oath. By: Name:Wayne Landing Title:Director Easement Exhibit A Legal Description of 100 21 Street (Abutting Property) TOGETHER WITH appurtenant driveway easement contained in Deed Book 1727,Page 535 as modified by Agreement recorded in Deed Book 1974,Page 1,of the Public Records of Miami-Dade County,Florida. TOGETHER WITH that certain strip of land lying between the Easterly boundary of said Block A and the Atlantic Ocean and bounded on the North by the Southeasterly extension of the North line of said Block A,and bounded on the South by the Southeasterly extension of the dividing line running East and West between the lots in said Block A,as the same appears of record in Plat Book 5,Page 7,of the Public Records of Miami-Dade County,Florida. Lots 1,3 and 5,Block A,of AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,according to the map or plat thereof,as recorded in Plat Book 5,Pages 7 and 8,of the Public Records of Miami-Dade County,Florida. EXHIBIT B EASEMENT AREA LEGAL DESCRIPTION:RIGHT OF WAY VACATION FOR A PORTION OF 21st STREET SURVEYOR'S NOTES: SURVEYOR'S CERTIFICATION: By: Drawn By DateDWF Cad.No.Scale201042 Ref.Dwg.Job.No.2010422007-084-NAVD Dwg.No.1020-092 SheetPlotted:of11/23/20 31 I hereby certify that this ’’Sketch of Description"was made under my responsible charge on November 23, 2020,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 original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below" FORTIN,LEAVY,SKILES,INC.,LB3653 .Digitally signed by Daniel C Fortin DN:c=US,o=Unaffi liated, ou=A01410D0000017402A2BF420004 295B,cn=Daniel C Fortin Date:-2020.1 1.24 16:45:34-05'00' EXHIBIT "B" —This site lies in Section 34,Township 53 South,Range 42 East,City of Miami Beach,Miami—Dade County, Florida. —Bearings hereon ore referred to an assumed value of N 70’02’49''W for the North line of Block A. —Lands shown hereon were not abstracted for easements and/or rights—of—way of records. —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 $2007—084 —NAVD. Begin at the Northwest corner of said Lot 5 of Block A;thence S 70’02'49"E along the South right of woy line of said 21st Street also being the North line of said Block A and the Easterly projection thereof,for 269.46 feet;thence N 19’57'11“E for 25.00 feet a point on the Centerline of 21st Street;thence N 70'02’49"W along said center line of said 21st Street for 269.46 feet;thence S 19'57'11"W along the Northerly projection of the 'West line of said Lot 5 for 25.00 feet to the Point of Beginning. A portion of 21st Street lying in Section 34,Township 53 South,Range 42 East of AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,as recorded in Plat Book 5,Pages 7 and 8,of the Public Records of Miami—Dade County,Florida,being adjacent to Lots 1,3 and 5 of Block A and the Easterly projection thereof and being more particularly described as follows: LEGAL DESCRIPTION,NOTES &CERTIFICATION Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street /North Miami Beach,Florida 33162 Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvey.com J 1 1/23/20 1 ”=50’ s''‘y/^'1 S'' ( _L_—— Daniel C.Fortin Jr.,For The Firm Surveyor and Mapper,LS6435 State of Florida. I I N 70°02'49"W LOT 7LOT9 LOT 1 I A LOT 2LOT10 I 1200 rDrawn By SKETCH OF DESCRIPTION Date 11/23/20DWF Cad.No.Scale 1”=6O’201042 Ref.Dwg.Job.No.2010422007-084-NAVD Dwg.No.1020-092 SheetPlotted:11/23/20 of 32 (PARK AVENUE -PLAT) (PUBLIC RIGHTOF WAY) Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 1 68th Street /North Miami Beach,Florida 331 62 Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvey.com POINT OF BEGINNING NORTHWEST CORNER OF LOT 5 v NORTHERLY PROJECTION OF WEST LINE LOT 5 AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY PAGES7&8 NORTH LINE OF BLOCK A AND EASTERLY PROJECTION NOT DESIGNATED PER PLAT /-EASTERLY EXTENSION LIN OF THE NORTHERLY LINE OF LOT 2 NOT SUBDIVIDED O fl S,5 A fl GRAPHIC SCALE 30 60 21st STREET 180.00' CITY PARK PER PLAT BOOK 5.PAGE 7 g in r lQ_oo_| o n EXHIBIT "B" B L 0 |C K /CENTER LINE Z ffi 1 z o ' LU ZD z UJ?|| g'fel 3*1 .it 8 !l,30.00„| I I !i I O £w co > _cc I SQ __l < 1 11 I « l<i' i 88’i I 1 1 111Ifl’ F- (IN FEET ) 1 inch =60 ft. S 19-57'11"W /25.00' PLAT BOOK 5 STREET VACATION JI o 9 Drawn By DateDWF Cad,No,201042 Scale Ref.Dwg.Job.No.2010422007-084-NAVD Dwg.No.1020-092 Plotted:1 1/23/20 Sheet of3 3 o e \\ LU I 1 1 I 1 _1 I 1 I I —4 —A \ \2 \ \ \ \ \ \\ |LOCATION SKETCH ] Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 1 80 Northeast 1 68th Street I North Miami Beach,Florida 331 62 v Phone 305-653-4493 /Fax 305-651-7152 /Email fls@fl8survey.com ? 1 1/23/20 NTS EXHIBIT "B" jl 1 20tlT“STREETg n r o I 6 J —2-ilrSTRH 2 CITY PARK \| —i—ri i r 9 I 7 I 5 |3 I 1 i __|SEA^JLHPT^L J 10 I B I 6 I 4 I 2 \ Li_i—i—r—1 EXHIBIT E DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE (Space Reserved for Clerk) WITNESSETH: NOW THEREFORE,in consideration of the premises,the Owner hereby agrees asfollows: WHEREAS,the Owner may develop buildings on the Property for sale to multipleownersinacondominiumformatofownershipand/or in two or more phases and intends todedicateportionsofthePropertytotheCityforpublicparkpurposes;and WHEREAS,on the Owner obtained a Certificate of Appropriateness approval from theCity's Historic Preservation Board (DRB)under File No.HPB20-0442 as recorded in OfficialRecordBook32597,at Page 3380 of the Public Records of Miami-Dade County,Florida;and WHEREAS,this instrument is executed in order to assure that the development of thepropertywithfuturemultipleownershiporphaseddevelopmentwillnotviolatetheLandDevelopmentRegulationsoftheCityofMiamiBeach. WHEREAS,the Owner holds fee simple title to certain property in the City of MiamiBeach,Florida,located at 100 21 Street,Miami Beach,Florida and is identified by tax folionumber02-3226-001-0040,and which is legally described in Exhibit "A"attached hereto andmadeaparthereof(the "Property");and Graham Penn,Esq. Bercow Radell Fernandez Larkin &Tapanes,PLLC 200 S.Biscayne Boulevard,Suite 300 Miami,FL 33131 DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE KNOW ALL BY THESE PRESENTS that BHI MIAMI LIMITED CORP.,a DelawareCorporation(the “Owner”)hereby makes,declares,and imposes on the land herein describedthefollowingcovenantsthatwillrunwiththetitletotheland,which shall be binding on theOwner,its heirs,successors,assigns,personal representatives,mortgagees and lessees,andagainstallpersonsclaimingby,through or under any of them; This instrument prepared by: Name: Address: 1.After a site plan for the Property has been submitted and approved under theCity's Land Development Regulations,the Property will be developed as a unified developmentsiteinsubstantialaccordancewithsuchapprovedsiteplanfortheProperty.No modificationofsuchapprovedsiteplanshallbeeffectuatedwithoutthewrittenconsentofthethenowner(s)of the portion or phase of the Property for which such proposed modification is sought and theDirectoroftheCity’s Planning Department (such person,or any successor thereof,is referredtohereinasthe“Director”).No such then owner(s)nor the Director shall unreasonably Declaration of Restrictive Covenants in Lieu of Unity of Title 2. (i) (ii) (iii) (iv) (v) Folio No.:02-3226-001-0040 2 If the Property is developed in phases,then each phase will be developed insubstantialaccordancewiththeapprovedsiteplanfortheProperty. Easements in the common area of each parcel for ingress to and egress from the other parcels; Easements in the common area of each parcel for the passage and parking of vehicles: Easements in the common area of each parcel for the passage and accommodation of pedestrians; Easements for access roads across the common area of each parcel to public and private roadways; Easements for the installation,use,operation,maintenance,repair,replacement, relocation and removal of utility facilities in appropriate areas in each such parcel; withhold,condition or delay its consent,provided the proposed modification is in compliancewiththeLandDevelopmentRegulations.Should any such then owner(s)or the Directorwithhold,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 modifytheapprovedsiteplanatpublichearingbeforetheappropriateCityboardortheCityCommissionofMiamiBeach,Florida (whichever by law has jurisdiction over such matters). Approval of such application shall be in addition to all other required approvals necessary fortheproposedmodificationsought.Notwithstanding anything to the contrary contained in thisDeclaration:(a)if any building on the Property is developed and sold to multiple owners in acondominiumformatofownership,then only the condominium association (as opposed to eachindividualcondominiumunitowner)shall be required to give,grant or execute any consent,approval or document require by this Declaration,and such consent,approval or documentsasgiven,granted or executed by the condominium association shall bind each and everyindividualcondominiumunitownerinsuchbuilding;(b)if the Property 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,andnoconsent,approval or document shall be required from the owner(s)of any phase(s)unaffected by such proposed modification shall be required. 3.In the event the Owner shall convey any portion of the Property to any person orentitysubsequenttositeplanapprovalfortheProperty,each of the subsequent owners shallbeboundbytheterms,covenants,restrictions and limitations of this Declaration.Owner furtheragreesthatitwillnotconveyportionsofthePropertytoanyotherpersonorentityunlessanduntiltheOwnerandsuchotherpersonorentityshallhavemutuallyexecutedanddelivered,inrecordableform,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 thePropertytobedeveloped,constructed,conveyed,maintained and operated in accordance withtheapprovedsiteplanforthePropertydespitethePropertyhavingmultipleowners: Declaration of Restrictive Covenants in Lieu of Unity of Title (vi) (vii) (xiii) Folio No.:02-3226-001-0040 3 (viii) (ix) Easements on each such parcel for construction of buildings and improvements in favor of each such other parcel; 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; Easements on each parcel for attachment of buildings; 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; Appropriate reservation of rights to grant easements to utility companies; Appropriate reservation of rights to grant road rights-of-way and curb cuts; Easements in favor of each such parcel for pedestrian and vehicular traffic over dedicated private ring roads and access roads;and 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. (x) (xi) (xii) These easement,reservation and agreement provisions (or portions thereof)may bewaivedbytheDirectoriftheyarenotapplicabletotheportionofthePropertythenbeingconveyed(such as,but not limited to,conveyances to purchasers of individual condominiumunits,or conveyance that are separated by a street or road).These easement,reservation andagreementprovisionsshallnotbeamendedwithoutpriorwrittenapprovaloftheCityAttorney.In addition,these easement,reservation and agreement provisions shall contain such otherprovisionswithrespecttothedevelopment,construction,conveyance,maintenance andoperationofthePropertyastowhichthepartiestheretomayagree,all to the end that althoughthePropertymayhaveseveralowners,it will be developed,constructed,conveyed,maintainedandoperatedinaccordancewiththesiteplanapprovedfortheProperty. 4.The provisions of this Declaration shall become effective upon their recordationinthepublicrecordsofMiami-Dade County,Florida,and shall continue in effect for a period ofthirty(30)years after the date of such recordation,after which time they shall be extendedautomaticallyforsuccessiveperiodsoften(10)years each,unless released in writing by thethenowner(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 topreserveandprotecttheDevelopmentSiteforthepurposeshereinintended. 5.The terms,covenants,restrictions and limitations of this Declaration may beamended,modified or released by a written instrument executed by the then owner(s)of theDevelopmentSite(with joinders by all mortgagees)and the Director (acting for and on behalfoftheCity).Should this Declaration be so modified,amended or released,then the Directorshallforthwithexecuteawritteninstrumenteffectuatingandacknowledgingsuchamendment,modification or release;it being acknowledged and agreed that no amendment,modification or Declaration of Restrictive Covenants in Lieu of Unity of Title 8. Folio No.:02-3226-001-0040 4 This Declaration shall be recorded in the public records of Miami-Dade County attheOwner's expense. release of this Declaration shall be effective without the Director’s written approval of,orexecutionofawritteninstrumenteffectuatingandacknowledging,such amendment, modification or release. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK—SIGNATURE PAGES TO FOLLOW] 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. 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 toinactionorsuitpertainingtoorarisingoutofthisDeclarationshallbeentitledtorecover,inadditiontocostsanddisbursements,allowed by law,such sum as the Court may adjudge to be reasonable for the services of his attorney.This enforcement provision shall be in addition to any other remedies available at law,in equity or both. 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 suchotheradditionalrights,remedies or privileges. 7.Invalidation of any term,covenant,restriction or limitation of this Declaration by afinal,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 forceandeffect. FOR OWNER: BHI Miami Limited Corp. Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE Folio No.:02-3226-001-0040 By: Name:Wayne Landing Title:Director NOTARY PUBLIC Typed or printed Name of Notary My Commission expires: Serial No.,if any \sS: The foregoing instrument was acknowledged before me by means of physical presence or online notarization,this by Wayne Landing,as Director of BHI Miami Limited Corp.,on behalf of the company.He/she is personally known to me or has produced as identification. IN WITNESS WHEREOF,BHI MIAMI LIMITED CORP,has caused these presents to be signed in its name by its proper officials. Approved: Director of Planning Date City Attorney Date Folio No.:02-3226-001-0040 Approved as to form &language &for execution: Easement Exhibit A Legal Description of 100 21 Street (Abutting Property) TOGETHER WITH appurtenant driveway easement contained in Deed Book 1727,Page 535 as modified by Agreement recorded in Deed Book 1974,Page 1,of the Public Records of Miami-Dade County,Florida. TOGETHER WITH that certain strip of land lying between the Easterly boundary of said Block A and the Atlantic Ocean and bounded on the North by the Southeasterly extension of the North line of said Block A,and bounded on the South by the Southeasterly extension of the dividing line running East and West between the lots in said Block A,as the same appears of record in Plat Book 5,Page 7,of the Public Records of Miami-Dade County,Florida. Lots 1,3 and 5,Block A,of AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,according to the map or plat thereof,as recorded in Plat Book 5,Pages 7 and 8,of the Public Records of Miami-Dade County,Florida. EXHIBIT F DECLARATION OF RESTRICTIVE COVENANTS AND MAINTENANCE AGREEMENT Graham Penn Bercow Radell Fernandez Larkin &Tapanes,LLLP 200 S.Biscayne Boulevard,Suite 850 Miami,FL 33131 WHEREAS,the Owner and the City have entered into a Vacation and Right of Way Improvement Agreement,entered into on the day of 2022,by and between the Grantor and Grantee,which is recorded at Official Record Book , Page of the Public Records of Miami-Dade County,Florida,whereby the Owner has agreed to,subject to necessary City approvals,design,fund,install,maintain and repair certain improvements within the public City Beachwalk Area,which shall include lighting,landscaping,irrigation for landscaping,and pedestrian walkways providing access to the Owner's Property;and WHEREAS,the City has required this Declaration from the Owner to ensure that the Owner will maintain or cause to be maintained the Enhancements in a good state of repair as required below,at no cost to the City;and WHEREAS,the Owner holds fee simple title to the property,located at 100 21 Street and is identified by tax folio number 02-3226-001-0040 (the "Property”),in the City of Miami Beach,Florida (the "City”),and more particularly described in Exhibit “A;” WHEREAS,the City is responsible for the management of City's Beach Access and Beachwalk area,adjacent to the Property as more particularly described in Exhibit “B”(the “City Beachwalk Area”);and WHEREAS,the Owner has obtained several development approvals and building permits from the City in connection with the redevelopment of the Owner’s Property as a hotel development (the "Proposed Development”);and DECLARATION OF RESTRICTIVE COVENANTS AND MAINTENANCE AGREEMENT KNOW ALL BY THESE PRESENTS that the undersigned BHI MIAMI LIMITED CORP,(the "Owner”)hereby makes,declares and imposes on the land herein described, covenants running with the title to the land,which shall be binding on the Owner,its heirs, successors and assigns,personal representatives,mortgagees,lessees,and against all persons claiming by,through or under them (the "Declaration"); This instrument prepared by: Name: Address: NOW THEREFORE,for good and valuable consideration,the receipt sufficiency of which are hereby acknowledged,the City and the Owner voluntarily agree that thePropertyshallbesubjecttothefollowingprovisionsthatareintendedandshallbecovenantsrunningwiththelandandbindingupontheOwner,its heirs,successors andassigns,personal representatives,mortgagees,lessees,and against all persons claimingby,through or under them,as follows: DECLARATION OF RESTRICTIVE COVENANTS AND MAINTENANCE AGREEMENT Page 2 of 1 1 1.Recitals.The recitals and findings set forth in the preamble of thisDeclarationareherebyadoptedbyreferenceheretoandincorporatedhereinasiffullysetforthinthisparagraph. 4.Security.The Owner shall include the Beachwalk Area within its securitymonitoringplanfortheOwner's Property to the extent authorized by the City andallowableunderapplicablelaw.As permitted by law,such authorized security monitoring plan shall require,at a minimum,24/7 video recording of the City Beachwalk Area and all 2.Covenant Running with the Land.This Declaration on the part of theOwnershallconstituteacovenantrunningwiththelandandshallremaininfullforceandeffectandbebindingupontheundersignedOwner,and its heirs,successors and assigns,personal representatives,mortgagees,lessees,and against all persons claiming by,through or under them until such time as the same is modified or released. 3.Enhancements.Prior to applying for a Final Certificate of Occupancy fromtheCity’s Building Official for the Proposed Development,the Owner shall install andmaintaininagoodstateofrepair,at the Owner’s sole cost and expense (subject to thetermshereof)the landscaping and pedestrian walkways substantially consistent withthosereflectedinthelandscapearchitecturaldrawingsL-101 ,L-314,L-315 and L-316 attached as Exhibit “C”,as well as appropriate irrigation and lighting incidentalthereto(the ‘‘Enhancements’’).The Enhancements shall be subject to the City'sapprovalinconnectionwiththepermittingfortheProposedDevelopment.TheOwnershallberesponsibleforobtainingallrequiredpermitsanddevelopmental approvals for the Enhancements,at the Owner’s sole cost and expense.The OwnershallcompletetheinitialinstallationandprovideongoingmaintenanceoftheEnhancementsinagoodstateofrepairattheOwner’s sole cost and expense, consistent with (i)all required permits (ii)the City's building,zoning landdevelopmentregulations;(iii)the Public Works Manual;and (iv)the City’s uniformGroundMaintenanceSpecificationsattachedheretoasExhibit“D,"as may beamendedfromtimetotime.It is understood and agreed that any official of the City ofMiamiBeachhastherightatanytimetoreasonablydeterminewhethertheconditionsofthisDeclarationandtherequirementarebeingcompliedwith. such video recordings shall be retained by the Owner for a period of at least thirty (30) days.As the Owner's security staff only has limited (citizen)arrest powers,and in order to enhance public safety within the City Beachwalk Area,the Owner’s security staff shall coordinate any enforcement action pertaining to alleged criminal law violation(s)within the Beachwalk Area with the Miami Beach Police Department. DECLARATION OF RESTRICTIVE COVENANTS AND MAINTENANCE AGREEMENT Page 3 of 1 1 7.Force Majeure.The time for the installation,maintenance,and repair of the Enhancements will be tolled due to force majeure events (including,without limitation, strikes,lockouts,acts of God,pandemics,hurricanes and severe weather,and other causes beyond the control of either party)("Force Majeure Event’’).In no event shall "Force Majeure Event”include economic hardship or financial inability to perform.Any party claiming such Force Majeure Event shall deliver written notice to the other party of such Force Majeure Event within twenty-one (21)days after first becoming aware of the occurrence thereof,which notice shall describe in reasonable detail the events giving rise to the Force Majeure Event;and such Party shall diligently attempt to remove,resolve or otherwise seek to mitigate such delay and keep the other party advised with respect thereto.Time is of the essence with respect to this provision,and any failure by a party to timely deliver such notice of a Force Majeure Event shall be deemed a waiver of such party’s right to delay performance as a result of such Force Majeure Event. 6.Emergency Utility Repairs.In the event that the City needs,on an emergency basis,to install,replace,maintain a public utility within the Beachwalk Area, including but not limited to a watermain,storm sewer,sanitary sewer,or streetlight,the City shall remove or relocate any or all of the Enhancements at the expense of the Owner. The City shall attempt to provide the Owner with written notice and may proceed in an emergency scenario only if necessary to protect the health,safety and welfare of the general public.Upon completion of any such work by the City,the City shall be required to restore the Enhancements to previous like-new condition at the Owner’s expense. 5.Default.If the Owner breaches any of its obligations as specified herein (and same are not waived by the City),then the City shall provide the Owner written notice specifying the nature of the default.Subject to Paragraph 7 of this Covenant,the Owner shall have two (2)calendar days after receipt of such notice within which to commence to diligently commence cure of the specified default (for work necessary to maintain public safety)or seven (7)days for all other work,after which time the City may take action to complete the work,at the Owner’s expense.If the City shall undertake work and submit an invoice to the Owner the Owner shall not pay such bill within 15 days of receipt,then interest shall accrue on the unpaid amount from the time it was expended until paid at the maximum interest rate permitted by law,and the City shall be entitled to all collection costs,including attorney's fees and costs,for enforcement of the Owner’s payment obligation. DECLARATION OF RESTRICTIVE COVENANTS AND MAINTENANCE AGREEMENT Page 4 of 1 1 11.Term.The provisions of this Declaration shall become effective and shall be binding upon the Owner and the Owner's heirs,successors and assigns,personal representatives,mortgagees,lessees,and against all persons claiming by,through or under them,upon its 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 10.No Third-Party Beneficiary.It is the intent of the parties hereto that no third-party beneficiary rights are created or acknowledged through this Declaration. 8.Insurance.The Owner shall obtain and maintain a liability insurance policy in the covered amount of $1,000,000 per incident,to provide compensation for personal injuries or related claims stemming from any error,omission,negligence,or misconduct on the part of the Owner,or any of its respective officers,agents,servants,employees, or contractors in the installation or maintenance of the Enhancements within the Beachwalk Area The Owner shall add the City as an additional insured on the Certificates of Insurance for Liability. 9.Indemnification.The Owner shall indemnify,defend and hold harmless the City,and its officers,agents,contractors,and employees,whole and harmless from and against all claims,demands,actions,damages,losses,costs,liabilities,expenses,and judgments of any nature (including,without limitation,attorneys’fees and costs),through all trial and appellate levels,recovered from or asserted against the City to the extent that any such damage or injury may be incident to,in connection with,arise out of,or be caused,either proximately or remotely,wholly or in part,by the Enhancements in the Beachwalk Area or failure of the Owner to repair the Enhancements in the Beachwalk Area as provided herein.The Owner shall be entitled to select counsel of the Owner's choice to defend the claim;provided,however,that such counsel shall first be approved by the City Attorney,which approval shall not be unreasonably conditioned,withheld or delayed;and provided further,that the City shall be permitted,at its cost and expense,to retain independent counsel to monitor the claim and/or proceeding.For the avoidance of doubt,the Owner agrees that the City shall not be liable to the Owner,and the Owner shall assume all liability,for any claims,demands,actions,damages,losses,costs, liabilities,expenses,and judgments of any nature arising out of the Enhancements within the Beachwalk Area or the Owner's failure to repair the Enhancements within the Beachwalk Area as is provided for herein.Notwithstanding the foregoing,the Owner shall not be obligated or liable to the City,or any third parties,for any claims,demands,actions, damages,losses,costs,liabilities,expenses,or judgments resulting from the gross negligence,recklessness,or willful misconduct of the City or its officials,employees, contractors,representatives,or agents. recordation,unless modified,amended or released prior to the expiration thereof.This Declaration shall be deemed released by the City in the event the City substantially removes or modifies the Enhancements within the Beachwalk area as part of the renovation or redevelopment of the surrounding City beachwalk areas.Upon the substantial removal or modification of the Enhancements within the Beachwalk Area by the City,the Owner will no longer have any obligations under this Declaration and agrees upon request by the Owner to timely execute a release of this Declaration to be recorded in the public records at the sole cost of the Owner DECLARATION OF RESTRICTIVE COVENANTS AND MAINTENANCE AGREEMENT Page 5 of 11 14.Enforcement.An action to enforce the terms and conditions of this Declaration may be brought by the City and may be,at law or in equity,against any party or person violating or attempting to violate any provision of this Declaration or provisions of the building,zoning or land development regulations,either to restrain violations or to recover damages.This enforcement provision shall be in addition to any other remedies available under the law.This Declaration shall be enforceable in Miami-Dade County, Florida. 16.Attorney’s Fees.In any action or proceeding involving this Declaration or the contents hereof,the prevailing party shall be entitled to recover from the other party 12.Amendment.This Declaration sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations,understandings or agreements relating thereto.This Declaration may be modified,amended or released as to any portion of the Property by a written instrument executed by the then owners of the fee-simple title to the land to be affected by such modification,amendment or release providing that same has been approved by the City's Public Works Director.Should this instrument be so modified,amended or released,the Public Works Director shall execute a written instrument in recordable form effectuating and acknowledging such modification,amendment or release. 15.Venue.This Declaration shall be governed by,and construed in accordance with,the laws of the State of Florida,both substantive and remedial,without regard to principles of conflict of laws.The exclusive venue for any litigation arising out of this Declaration shall be Miami Dade County,Florida.BY ENTERING INTO THIS DECLARATION,THE OWNER AND THE CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS DECLARATION. 13.Recording.This Declaration shall be recorded in the Public Records of Miami-Dade County,Florida,at the cost of the Owner. If to the Owner: With a copy to: and If to the City: With copies to: the prevailing party’s reasonable costs and expenses actually incurred in such action or proceeding. City of Miami Beach Attn:Public Works Director 1700 Convention Center Drive 4th Floor Miami Beach,Florida 33139 City of Miami Beach Attn:City Manager 1700 Convention Center Drive 4th Floor Miami Beach,Florida 33139 Bilzin Sumberg 1450 Brickell Avenue,suite 2300 Miami,Florida 33131 Attn:Carter McDowell,Esq Bercow Radell Fernandez Larkin & Tapanes,PLLC 200 S.Biscayne Boulevard,Suite 300 Miami,Florida 33131 Attn:Michael Larkin,Esq. DECLARATION OF RESTRICTIVE COVENANTS AND MAINTENANCE AGREEMENT Page 6 of 1 1 BHI Miami Limited Corp. 1521 Alton Rd.#403 Miami Beach,Florida 33139 Attn:Wayne Landing 18.Notice.All notices,demands,requests,or other communications which may be or are required to be given,served,or sent by either the Owner or the City pursuant to this Declaration shall be in writing and addressed as follows: 17.Severability.The invalidation of any one of the provisions of this Declaration by judgment of a court shall not affect any of the other provisions of this Declaration,which shall remain in full force and effect. and City Attorney Date City Public Works Director Date [SIGNATURE PAGES CONTINUES ON NEXT PAGE] APPROVED AS TO FORM &LANGUAGE City of Miami Beach Attn :City Attorney 1700 Convention Center Drive 4th Floor Miami Beach,Florida 33139 DECLARATION OF RESTRICTIVE COVENANTS AND MAINTENANCE AGREEMENT Page 7 of 1 1 Each Party may designate by notice in writing a new address to which any notice, demand,request or communication may thereafter be so given,served or sent. FOR THE OWNER: BHI Miami Limited Corp. Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of physical presence or online notarization,this by Wayne Landing,as Director of BHI Miami Limited Corp.,on behalf of the company.He/she is personally known to me or has produced as identification. By: Name:Wayne Landing Title:Director NOTARY PUBLIC Typed or printed Name of Notary My Commission expires: Serial No.,if any ^SS: ) IN WITNESS WHEREOF,BHI MIAMI LIMITED CORP,has caused these presents to be signed in its name by its proper officials. Easement Exhibit A Legal Description of 100 21 Street (Abutting Property) TOGETHER WITH that certain strip of land lying between the Easterly boundary of said Block A and the Atlantic Ocean and bounded on the North by the Southeasterly extension of the North line of said Block A,and bounded on the South by the Southeasterly extension of the dividing line running East and West between the lots in said Block A,as the same appears of record in Plat Book 5,Page 7,of the Public Records of Miami-Dade County,Florida. TOGETHER WITH appurtenant driveway easement contained in Deed Book 1727,Page 535 as modified by Agreement recorded in Deed Book 1974,Page 1,of the Public Records of Miami-Dade County,Florida. Lots 1,3 and 5,Block A,of AMENDED PLAT OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,according to the map or plat thereof,as recorded in Plat Book 5,Pages 7 and 8,of the Public Records of Miami-Dade County,Florida. EXHIBIT B The City Beachwalk Area LEGAL DESCRIPTION: as SURVEYOR'S NOTES: SURVEYOR'S CERTIFICATION: "Not valid without the signature and original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below" Drawn By DateMAP Cad.No. Scale220011 Ref.Dwg. 22001 12007-084 Dwg.No.1022-001 Plotted;2/11/22 11:16o Sheet of1 3 Exhibit B City Beachwalk Area Doniel C.Fortin,Jr.,For The Firm Surveyor and Mapper,LS6435 State of Florida. 2/1 1/22 NOT TO SCALE Job.No. By:_( Z rLEGAL description,notes &certification] -[Fortin,Leavy,S kiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street /North Miami Beach,Florida 33 162 Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvey.com y FORTIN,LEAVY,SKILES,INC.,LB3653 Digitally signed by Daniel C Fortin YC-DN:c=US,o=Unaffiliated, /ou=A01410D000001 7402A2BF42 0004295 B,cn=Daniel C Fortin Date:2022.02.14 1 0:32:05 -05'00' A portion of 21st Street ond a portion of lond lying Easterly of the Erosion Control Line,as recorded in PlatBook105atPage62,of the Public Records of Miami—Dode County,Florida,being more particularly describedfollows: Commence at the Northeast corner of Lot 1,Block A,AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THEMIAMIBEACHIMPROVEMENTCOMPANY,as recorded in Plot Book 5 at Pages 7 ond 8,of sold Public Records ofMiami—Dode County,Florida,the following two (2)courses being along the Easterly extension of the North line ofsaidLot1,also being the South right of way line of N.E.21st Street;1)thence S 70‘02’49"E for 37.62 feet tothePointofBeginning;2)thence continue thence S 70'02’49"E for 205.53 feet;thence S 14'15’16’’W alongsaidErosionControlLinefor125.37 feet;thence S 64'52'54"E for 3.32 feet;thence N 21'45’50"E for 13.75feet;thence M 13'00'34"E for 40.91 feet;thence N 24'32’54"E for 17.91 feet;thence N 47'57’04"E for 14.33feet;thence N 16'52’09"E for 9.78 feet;thence N 11'13'12"E for 8.67 feet;thence N 32'15’20"E for 6.71feet;thence N 52'12’20"E for 9.16 feet;thence N 38'23’56’’E for 5.58 feet;thence N 21'37'40’'E for 6.46feet;thence N 05'46'52"E for 5.27 feet;thence N 02'46'41"W for 7.36 feet;thence N 47’23’26"W for 12.79feet;thence N 82'32'52"W for 24.35 feet;thence N 62'08’43"W for 32.98 feet;thence N 54'14'14"W for 6.33feet;thence N 47'16'40”W for 7.36 feet;thence N 37'31'53"W for 7.32 feet;thence N 34'44'11"W for 10.90feet;thence N 46'54'55"W for 10.75 feet;thence N 62'30'27"W for 9.49 feet;thence N 76'22'47’’W for 7.80feet;thence S 89'49’43"W for 9.85 feet;thence S 75'30'38"W for 7.31 feet;thence S 80'26’30"VI for 10.72feet;thence N 84'37’21"W for 10.87 feet;thence N 69'19’03"W for 7.60 feet;thence N 53'56'50"W for 7.44feet;thence N 29'44’30"W for 8.90 feet;thence N 62'02’54"W for 11.21 feet;thence N 86'36'29"W for 31.83feet;thence S 42'02’07"W for 15.38 feet;thence S 19'36'04"W for 10.33 feet to the Point of Beginning. —This site lies in Section 34,Township 53 South,Range 42 East,City of Miami Beach,Miami-Dade County,Florida. —All documents are recorded in the Public Records of Miami—Dode County,Florida unless otherwise noted.—Bearings hereon ore referred to on assumed value of N 70’02’49"VI for the North line of Block A.-Loads shown hereon were not abstracted for easements ond/or rights-of-way of records.-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 $2007—084. I hereby certify that this "Sketch of Description"was made under my responsible charge on February 11,2022,2021,ond meets the applicable codes as set forth in the Florida Administrative Code,pursuant to Section472.027,Florida Statutes. -A- L1 I /a I NOT SUBDIVIDED I t I I 0 Drawn By SKETCH OF DESCRIPTION Date 2/1 1/22MAP Cad.No. Scale 1"40' 22001 1 Ref.Dwg. Job.No.22001 12007—084 Dwg.No.1022-001 Sheet of Plotted:2/11/22 11:16a/ 32 I I o ID CN SOUTH RIGHT OF WAY LINE OF N.E.21ST STREET CITY OF MIAMI BEACH BULKHEAD LINE PUBLIC WORKS DEPARTMENT DRAWING NUMBER SM-93F UPDATED APRIL 1997 I I I -I 0 J m Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street /North Miami Beach,Florida 33162 Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvey.com o 1 * I I GRAPHIC SCALE 20 40 I I 3 CM 5 80 BEARING N54‘14’14"W N47,16*40"W N37*31’53"W N34,44'11"W N46,54,55‘,W N62‘30'27"W N76,22'47"W S89*49*43"W S75,30'38,,W S8Q‘26,30',W N84‘37,21"W N69T 9’03"W N53'56'50'‘W N29‘44,30l,W N62‘02'54"W N86’36'29,,W S42,02'07"W S19,36'04,'W LINE TABLE LENGTH 205.53 125.37 3.32 13.75 40,91 17.91 14,33 9,78 8.67 6.71 9.16 5.58 6.46 5.27 7.36 12.79 24,35 32.98 BEARING S70'02,49,,E S14’1 5'I6"W S64'52’54“E N2T45,50,,E N13'00’34"E N24’32'54"E N47'57,04"E N16*52'09‘>E N11‘1 3'1 2‘‘E N32,15‘20"E N52‘12’20*E N38*23'56"E N2T37,40”E N05*46'52'‘E N02,46'41,,W N47‘23'26’’W NB2'32'52"W N62'08'43"W LINE L19 L20 1.21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 LINE TABLE LENGTH 6.33 7.36 7.32 10.90 10.75 9.49 7.80 9.85 7.31 10.72 10.87 7.60 7.44 8.90 11.21 31.83 15.38 10.33 EXHIBIT "A" .—CENTERLINE OF 21 ST STREET I (PARK AVENUE -PLAT) (PUBLIC RIGHT OF WAY} “T POINT OF BEGINNING BULKHEAD LINE DEED BOOK 1727 | PAGE 535 z - cc u_ o o z I <N -Jo°> _J < g^- i—m gse i—EASTERLY EXTENSION OF THE /SOUTHERLY LINE OF LOT 1 S7(yO2'49”E R 37.62’ Aroint of COMMENCEMENT N.E.CORNER OF LOT 1 BLOCK A LINE LI L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 LI 4 LI 5 L16 LI 7 L18 0 LU N Ul Ct CL 0 a.m01? WlO E oo 0 m I I LU UJ I Z H ;Wu. 1° (IN FEET ) 1 inch =40 ft. f 37.62' CC Z I LU < 0.fl- 05 <r 0 1 0 iZz08I EXHIBIT "A" r-SITE CITY PARK JI 3STREET20TH 'DrawnBy Date 2/11/22MAP Cad.No.22001 1 Ref.Dwg. 22001 12007-084 Dwg.No.1022-001 Plotted:2/11/22 11:16^Sheet of 33 ATLANTIC OCEAN LOCATION SKETCH Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street I North Miami Beach,Florida 33162 Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvcy.com Ji et w : I 21 ST S Scale N0T To SCALE Job.No. % I r EXHIBIT C Landscaping Enhancements revuetaiIowo3aIocsicncutter”>G>/73[16/PUBLICRIGHT-OF-WAYTREEDISPOSITIONLISTBASEDONSURVEYPROVIDEDBYFORTIN,LEAVY.SKILES,INC.ITEMSCIENTIFICNAMECOMMONNAMEDISPOSITIONDBH(IN)NOTESMEOJOOLDATEPALM30RELOCATECONSTRUCTIONCONFLICTMEDJ0OLDATEPALM30REMAINRELOCATECONSTRUCTIONCONFLICT25tuffI’M)WMIfflLan4MU<MTHRESHOLD1t»S*).X>-«T7l.L'•'I/•X*ROAOVACATIONSETI5?RIGHTOFWAYTREEDISPOSITIONPLAN1NOTE:ConceptualDesignstillsubjectfurtherreviewandapprovalbytheOwnerandtheCityCITTERIO-VIEL&PARTNERSStecnenMscPaelCahbH-hILUHEIGHT-IITT)'IISPREAD(FT)/O«wMcruzxz.’a£cooCD'/''-i\X^>''TlMANHCLE43i;“4Smlhio»w*rrotonraxrK*hahL-W1111213It!1BiaISia3530227$~iS"a,sa.miSABALPALMSADALPALMSASALPALMSAHALPALM5AEALPALMCOCONUTPALMCOCOHUTPALM2020REMAINREMAINREMAINHI:MAINREMAINremaKFREMAINREMAIN"remain"REMAINREMAIN.REMAIN"remainREMAINPOORCONDITIONPOORCONtllTIONWXHtncBrvsr-.ccrnrioc.-nii!5ISABAaSABAT[SAHAbICOCC1825a25IMISHiWICONCITIPANE~iejcocr19ICOCt20IcOC,'COCONUTPALMCOCONUTPALMCOCONUTPALMSILVERBUTTONWOODSAVERtHHTONWPODSILVERBUTTONWOODSCREWPINECOCONUTPALMCOCONUTPALMCOCONUTPALMCOCOHUtPALMCOCONUTPALM•.1"rr.>.i"~COCONUTPALM~|COCOnutPalmIDENTIFICATIONOFALLTREESSHOULDBECONFIRMEDBYTHEDIVISIONOFFORESTRYOfiCERTIFIEDARBORISTIPHOENIXOACTYtlFERA-MECUCOL-ailtl-O-AM!ForLauuosaio.FLU311REMAINRPMAINREMAINREMuiTREMAIN_lLUo9iirvlrItXilVWA®-L.<’""13in§s’IIBSHIMiamiLimitedCorp.II14IIB83ii-2-Of-,-r0^5¥B\iITA'.vUmr—|—weawrrn-T’a-T’•»a.J.-hnucssrcu:.I.\:'SEEBfilrEIJI:57525957 a-A4Z0.:*AwCN<zAV®)“limitofwork"-B<y;<Ki\C2-o•'•.-'OLROADVACATIONSET?ASSIlOMINOTE:ConceptualDesignstillsubjectfurtherreviewandapprovalbytheOwnerandtheCitySophanMIchMlCallahan'"f«?III1CITTERIO-VIEL&PARTNERS\l\IA&ZT:IVa>ms(—lacaTZKWaicmsttn*L-314BHIMiamiUmltodCorp.trairacuarevueltaSSSSS!ir;sssBffiastaicxAHCHiricr'y/>V,-Mxx/~b .0.at1!"Tr—....!S\-LanUWAPAAtcIUAkITHRESHOLDzxspuiuiAmM V'"©I-—”T”'—itT/0Z®vZZZv-7-7=-.^• ——’C—p-^—-4-tiArx:A:^:;z-x.x^a*x;r:Z-.x:;rztx::r.x^-A-.ZViZ^<_:z:x<rx*X-.T"X%x-xALfesa«saaseaai^jX?-?SB® ^...‘LIMIT*WORK•.1fj|.L--_™_.-*....,'.ig“®tengh.......j...0...4p<•>RIGHT-OF-WAYCANOPYPLAN<1J™.tli«.(n)':-.iiirzsf'.4**I—©S1'A,'w.A,'gfe"'n<ZZiO//\L!/;1st3;MA-iVA.XLfe...;..1Hr'"""m*aHEj9Ia?Iss1z..ylV-L\V^°^-JZr -V-PROPERTn:~—••*rv^*r**-r—» /GRCsf.=>xjai.AKcnrrscrGRC£ITM-2JAr-\•J-TM-2£oA--'.\RIGHT-OF-WAYUNDERSTORYPLANNOTE:ConceptualDesignstillsubjectfurtherreviewandapprovalbytheOwnerandtheCityL-315I..CITTERIO-VIELbPARTNERSS'vphrnMlctiwlCMIHisnLAAWTM*UJHI09TM-1I.O'11|GRC\\THRESHOLD’”eu’°X?LTi—i.-o-u.FLua»<|»44|T»<-«n<BHIMiamiUmUvdCorp.-JIS®(?M1TK-tHUriIRktKSX)\—T"~]IxIIt.:Z/Zxfl\Il\ii/O'^risxs/T~x-~jX1~\\>:pO-•.:/<t>'ROADVACATIONSEI* MIMMbr«-/Hr. ==FKHTOF4VATVMCWrrrMri”<01zX/c1pl$\*»<•&X>,41hK«MU1jz-v-"^07-A—z..:.-.„s—,.z?'“^LIMITOFWORK’J\I1\Io-revueltarrrinceeti«~jnter-nn-aontil.|GRCXl./.?15i?ESM;tTIiiIoOz:~-xZ'^cJLS3-z^-xnnrJ."^j^1'j-jrj-jji'-itg.ju-orgMWa>nII••,.xu|-JZ-rZO'M!,.!W^Xnz/J-g'.Tn_-r—Ti/j4PiBroMBHgsa^~j?sWXw..'L/4“a/_xT^hzu2’'L“I'_-HGT<C/ZZ|S.........;!;........'....—****xauv.**v.x««x(\I;-X-Z7-1i''F.l>jWf...vZ-7Zz’;W#te;7/0y»li1Ie<1=i^1fi11151 -'Vz1"cJ1(NSIxS'Xx. IrevueltaBULGARIHOTELRIGHT-OF-WAYPLANTLISTContractorshallcoordinateon-siteplantinglayoutvisitswiththeLandscapeArchitecttwo(2)weekspriortoinstallation.SeeLandscapeSpecificationsandNolesSec.-1torContractorSamplePhotographSubmittalRequirementsoraiOKwrcwrrccTBOTANICALNAMECOMMONNAMESIZECNCOCOSNUCIFERA'GREENMALAYAN'COCONUTPALM3SP-1"SABALPALMETTOFLORIDASABALPALM30-35'CLEAR-TRUNK.HEAVYSLICKTRUNK.CHARACTERNOSTRAIGHTTRUNKS3SP-2’SABALPALMETTOFLORIDASABALPALMLATANIALODDIGESIIFIELDGROWN.6'PLANTEDHTMIN.,FULLHEAD.SPECIMENS5TM-1•THRINAXMORRISHKEYTHATCHPALMFIELDGROWN.<1-5-PLANTEDHT.MIN..SINGLETRUNKTM-2FIELDGROWN.4-JfPLANTEDHT.MIN.MULTI-TRUNKDOUBLE5CU3CECONOCARPUSERECTUS'GREENGREENBUTTONWOODFIELDGROWN.14-16-HT.X7-B-SP.PLANTED.MULTI-TRUNK.BUSHFORM3cs•CONOCARPUSERECTUS'SERICEUS'FIELDGROWN.14-16’HT.X7-6‘SP.PLANTED.MULTI-TRUNK.BUSHFORMNATIVEUNDERSTORYTREES3NUT•CAPPARISCYNOPHALLOPHORAJAMAICANCAPERNUT•MYCIANTHESFRAGRANSSIMPSON'SSTOPPERNATIVESHRUBS10NSH’CROTONDISCOLORLECHECILLO16NSHSAVIABAHAMENSISACC25gallon.4*plantedhtm'n.heavyspecimen13ACC•SERENOAREPENS'GREEN'GREENSAWPALMETTO15GALLON36*HTX2B’MIN..FULLTOBASE.LATOLOCATEON-SITE17•YUCCAALOIFOLIAALOEYUCCATBDGRCCARISSAMACROCARPA"EMERALDBLANKETNATALPLUM3GALLON,6'HT.X12"SPMIN..FULLSPREADING.1B*OC.TBDGRC•CHRYSOBALANUSICACC'HORIZONTAL'HORIZONTALCOCOPLUM7GALLON,24"PLANTEDHT.MIN..FULLTOBASE.36'OC.TBDGRC•ERNODEALITTORALISGOLDENBEACHCREEPER1GALLON.8-PLANTEDHT.MIN..FULLTOBASE,18*OC.|duneSunflower‘1GALLON12*HTMIN.FULLCLUMP.24*OCHDEISANDCOAROGRASSbGALLON.33*PLANTEDMTMiN..*ULLTQBASE.36*OC-uALOCATEON-SITEOGR[recycledmulchnocypressordyes,qtycalculatedd»contractorROADVACATION'SETNOTE:ConceptualDesignstillsubjectfurtherreviewandapprovalbytheOwnerandtheCity—....3i-ph»nMlch*HCallahanTHRESHOLD 5TREES ICITTERIO-VIEL&PARTNERSma‘T<#.«*rn*>«urrL-3160M|M1-4rn8HIMiamiLimitedCorp.(;«i)wmiw) •"•KSik; ACCGROUNDCOVERfieldgrown,id-tcplantedhtx7-a-spmin.miulti-trunkbushformACCENTS12 FIELDGROWN.10-12-CLEAR-TRUNK.HEAVYTRUNK.CHARACTERNOSTRAIGHTTRUNKSMAIDENBUSHr____ _ _ _ _ _ _AGAVETEQUILANABLUEAGAVE*THRINAXMORRISII *COCCOLOBAUVIFERAKEYTHATCHPALM,2ZZSEAGRAPESILVERBUTTONWOOD25GALLON.6-KT.X5'SP.PLANTED.BUSHFORM.FULLTOBASE7GALLON.3-4’PLANTEDHT.MIN..FULLTOBASE ''24-26-CLEAR-TRUNK.HEAVYSLICKTRUNK.CHARACTERNOSTRAIGHTTRUNKSUNDERSTORYPALMS_.BLUELATANPALMiSSiSSSJI'J25GALLON.6'HT.X4~SP.PLANTED.BUSHFORM.FULLTOBASE •.|3GALLON.24*PLANTEDHT.MIN..FULLTOBASE.36*DC.|7GALLON.30*PLANTEDHTMIN..FULLTOBASE~~QUANTITY|SYMBOL|palms2FLOWERINGGROUNDCOVERTBD|HDE|hELIANTHUSDEBILISORNAMENTALGRASS12|OGRI*SPARTINABAKER!MISCELLANEOUSTBD|[RECYCLEDMULCHDenotesFloridaNativeSpeciesPlantsinstalledpursuanttothisCodeshallconformto.orexceed,theminimumstandardsforFloridaNumberOneasprovidedinthemostcurrenteditionof"GradesandStandardsforNurseryPlants,PartIandIf.*preparedbytheStaleofFloridaDepartmentofAgricultureandConsumerServices.Plantquantitiesareprovidedforconvenience.Whendiscrepanciesarisebetweentheplantingplansandplantlistoccurtheplantingolanshalltakeprecedence.IIUJUIiSC“pl EXHIBIT G QUIT-CLAIM DEED (Reserved for Clerk of Court) QUIT-CLAIM DEED See attached Exhibit “A" It is the intent of the Grantor,by this instrument,to convey the Property to Grantee, subject to and contingent upon the terms and conditions approving and granting the Grantor’s vacation of the Property,as provided by Miami Beach Resolution No.2021- 31723 on May 26,2021,a certified copy of which is attached hereto as Exhibit "B"and incorporated by reference,and that certain Vacation and Right of Way Improvement Agreement entered into on the day of 2022,by and between the Grantor and Grantee,which is recorded at Official Record Book ,Page of the Public Records of Miami-Dade County,Florida. WITNESSETH,that the said Grantor,for and in consideration of the sum of Ten Dollars and other good and valuable consideration ($10.00)in hand paid by the said Grantee,the receipt whereof is hereby acknowledged,does hereby remise,release and quit-claim unto the said Grantee forever,all the right,title,interest,claim and demand which the said Grantor has,including imposition of association assessments,dues or fees of any kind,whether regular or special,in and to the following described land,situate, lying and being in Miami-Dade County,Florida,(the "Property")and legally described as follows: Pursuant to the Vacation and Right of Way Improvement Agreement,the Property shall revert back to the Grantor in the event the Grantee fails to satisfy all conditions of Miami Beach Resolution No.2021-31723 and the Vacation and Right of Way Improvement Agreement.The Grantor’s reversionary interest shall terminate upon the Grantee’s delivery of the “Final Installment Payment"as provided in the Vacation and TO HAVE AND TO HOLD the same together with all the tenements, hereditaments and appurtenances thereunto belonging. This instrument was prepared by and after recording should be returned to: Rafael Paz,City Attorney City of Miami Beach,Florida 1700 Convention Center Drive Miami Beach,Florida 33139 THIS QUIT-CLAIM DEED,made as of this day of 2022 (the Effective Date),from City of Miami Beach,Florida,a Florida municipal corporation, whose mailing address is 1700 Convention Center Drive,Miami Beach,Florida 33139 (the "Grantor")and BHI Miami Limited Corp.,a Delaware Corporation (the "Grantee"), whose mailing address is 1521 Alton Rd.#403 Miami Beach,Florida 33139. Print Name: Print Name: STATE OF FLORIDA COUNTY OF MIAMI-DADE oath. any Right of Way Improvement Agreement.The Grantor shall record an acknowledgement of the termination of its reversionary interest within thirty (30)days of the Grantee’s payment of the “Final Installment Payment." By: Name:Dan Gelber Title:Mayor CITY OF MIAMI BEACH, a Florida Municipal Corporation NOTARY PUBLIC Typed or printed Name of Notary My Commission expires: Serial No.,if )SS: IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first above written. The foregoing instrument was acknowledged before me this day of 2022 by Dan Gelber,as Mayor of the City of Miami Beach,Florida,on behalf of the City. He is personally known to me or has produced as identification and who did/did not take an EXHIBIT "A" LEGAL DESCRIPTION:RIGHT OF WAY VACATION FOR A PORTION OF 21st STREET SURVEYOR'S NOTES: SURVEYOR'S CERTIFICATION: FORTIN,LEAVY,SKILES,INC.,LB3653 By: Draw By DateDWF Cad,No. Scale201042 Ref.Dwg. Job.No.2010422007-084-NAVD Dwg.No.1020-092 Plotted:1 1/23/20 Sheet of 31 “Not valid without the signature and original raised seal or a digital signature of the Florida Licensed Surveyor and Mapper shown below'' Daniel C.Fortin Jr.,For The Firm Surveyor and Mapper,LS6435 State of Florida. 1 1/23/20 1”=5O’ I hereby certify that this "Sketch of Description”was made under my responsible charge on November 23, 2020,and meets the applicable codes as set forth in the Florida Administrative Code,pursuant to Section 472.027,Florida Statutes. -This site lies in Section 34,Township 53 South,Range 42 East,City of Miami Beach,Miami—Dade County, Florida. -Bearings hereon are referred to an assumed value of N 70'02'49"W for the North line of Block A. -Lands shown hereon were not abstracted for easements and/or rights—of—way of records. -This is not o "Boundary Survey"but only a graphic depiction of the description shown hereon. -Dimensions shown hereon are based on Fortin,Leavy,Skiles,sketch #2007-084—NAVD. Begin at the Northwest corner of said Lot 5 of Block A;thence S 70'02'49"E along the South right of way line of said 21st Street also being the North line of said Block A and the Easterly projection thereof,for 269.46 feet;thence N 19'57’11"E for 25.00 feet a point on the Centerline of 21st Street;thence N 70'02’49"W along said center line of said 21st Street for 269.46 feet;thence S 19'57'11"W along the Northerly projection of the West line of said Lot 5 for 25.00 feet to the Point of Beginning. (LEGAL DESCRIPTION,NOTES &CERTIFICA T!0N\ Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street /North Miami Beach,Florida 33162 J V Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvey.com J A portion of 21st Street lying in Section 34,Township 53 South,Range 42 East of AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,as recorded in Plat Book 5,Pages 7 and 8,of the Public Records of Miami —Dade County,Florida,being adjacent to Lots 1,3 and 5 of Block A and the Easterly projection thereof and being more particularly described as follows: I I N 70°02‘49"W 269.46' 25.00' LOT S LOT 5 1 o I PAGES 7&8 I IA LOT 8LOT10 II I 0 Drawn By SKETCH OF DESCRIPTION Date i 1/23/20DWF Cad.No. Scale 1"=6O’201042 Ref.Dwg. Job.No.2010422007-084-NAVD Dwg.No.1020-092 Plotted:1 1/23/20 Sheet of2 3 I I I I I L_ Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street /North Miami Beach,Florida 33162 Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvey.com (PARK AVENUE -PLAT) (PUBLIC RIGHT OF WAY) NORTHERLY PROJECTION OF WEST LINE LOT 5 AMENDED MAP OF THE O(f EAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY PLAT BOOK 5 NORTH LINE OF BLOCK A AND EASTERLY PROJECTION I I rEASTERLY EXTENSION LIN OF THE NORTHERLY LINE OF LOT 2 NOT SUBDIVIDED —Ct <Q zl21stSTREET 180.00' CITY PARK PER PLAT BOOK 5,PAGE 7 GRAPHIC SCALE 30 60 I I o' in CN UJ |—7 UJ Q 120 EXHIBIT "A" POINT OF BEGINNING NORTHWEST CORNER OF LOT 5 NOT DESIGNATED PER PLAT z 5 I /CENTER LINE X O 2 LU W I z _l UJ?|| o o I --.-I )I 6 ’ °i ;30.00 7 | I I I I I S 19°57'11"W /25.00' o e B L O |C K o’ in CM r 30.00c| 3 (IN FEET ) 1 inch =60 ft. 5 B i !||t iLOT 1 iio IiMWI8= EXHIBIT "A" JI U-l 21st 'Drawn By LOCATION SKETCH DateDWF 1 1/23/20 Cad.No.Scale201042 NTS Ref.Dwg.Job.No.2010422007--084-NAVD Dwg.No.1020-092 Plotted:11/23/20 Sheet of3 3 O fl \* - 1 —I _ —A Q \c. \> \( \ \ \ \ \ \\ /J(Z> X <b CO z 20tnTSTREET q n o LU Z LU STREET > Fortin,Leavy,Skiles,inc. CONSULTING ENGINEERS,SURVEYORS &MAPPERS FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER:00003653 180 Northeast 168th Street /North Miami Beach,Florida 33162 J Phone 305-653-4493 /Fax 305-651-7152 /Email fls@flssurvey.com J STREET VACATION CITY PARK^ 9 |7 I 5 |3 |1 1 .-/SEAjaUL pp TEL J 10 I 0 I 6 I 4 |2 \ I l i i L % EXHIBIT B RESOLUTION r 2021-31723RESOLUTIONNO WHEREAS,BHI Miami Limited Corp,(the ''Applicant'')owns the property abutting the ROW located at 100 21 Street and identified by tax folio number 02-3226-001-0040 (the “Property"),more particularly described in Exhibit "B”to the Memorandum accompanying this Resolution;and WHEREAS,the Applicant is proposing a major renovation of the existing structure in order to accommodate a new high-end luxury hotel operator,Bulgari Hotels &Resorts (the "Proposed Development");and WHEREAS,Applicant’s Property,currently known as the Seagull Hotel,consists of an 8- story structure constructed in 1950,and designed by architect Albert Anis;and WHEREAS,the City holds a right-of-way dedication to the portion of the southern twenty- five (25)feet of 21 Street located approximately 150 feet east of Collins Avenue and running east for approximately 269.43 feet,consisting of approximately 6,736.28 square feet,and more particularly described in Exhibit "A'1 to the Memorandum accompanying this Resolution (the “ROW");and A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,APPROVING,ON SECOND READING/PUBLIC HEARING OF THIS RESOLUTION,THE VACATION OF THAT PORTION OF THE SOUTHERN HALF OF 21 ST STREET, GENERALLY LOCATED BETWEEN APPROXIMATELY 150 FEET EAST OF COLLINS AVENUE AND MIAMI BEACH DRIVE,AND CONSISTING OF APPROXIMATELY 6,736 SQUARE FEET IN TOTAL AREA,AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”TO THE MEMORANDUM ACCOMPANYING THIS RESOLUTION (THE “ROW”),IN FAVOR OF THE ABUTTING PROPERTY OWNER,BHI LIMITED MIAMI CORPORATION (THE “APPLICANT”);FURTHER,PROVIDING THAT THE VACATION OF THE CITY ROW SHALL BE SUBJECT TO AND CONDITIONED UPON THE APPLICANT’S DELIVERY OF CERTAIN PUBLIC BENEFITS TO THE CITY, INCLUDING A PAYMENT IN THE AMOUNT OF $7,400,000.00,A MAINTENANCE AGREEMENT PROVIDING FOR THE INSTALLATION AND PERPETUAL MAINTENANCE OF ADDITIONAL LANDSCAPING WITHIN THE CITY’S BEACH ACCESS AND BEACHWALK AREA EAST OF MIAMI BEACH DRIVE AS MORE PARTICULARLY DEPICTED ON EXHIBIT “E”TO THE MEMORANDUM ACCOMPANYING THIS RESOLUTION,AND A PERPETUAL EASEMENT IN FAVOR OF THE CITY OVER THE ROW,TO ENSURE CONTINUED PUBLIC USE OF THE ROW FOR CITY ACCESS, PEDESTRIAN AND VEHICULAR TRAVEL,AND UTILITIES;AND WAIVING, BY 5/7THS VOTE,THE COMPETITIVE BIDDING REQUIREMENT, PURSUANT TO SECTION 82-38 OF THE CITY CODE,FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY;AND FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A VACATION AGREEMENT,A COPY OF WHICH IS ATTACHED,IN SUBSTANTIAL FORM,AS EXHIBIT “F”TO THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION. 2 WHEREAS,at the January 22,2021 FERC meeting,the Applicant accepted the City's higher appraisal value for the ROW at $7,400,000,and the FERC recommended in favor of the proposed vacation of the ROW,with the vacation of the ROW subject to and conditioned upon the Applicant's delivery of certain public benefits to the City:(1)the Applicant's payment of $7,400,000 to the City,and (2)the Applicant providing the City with a perpetual easement over the ROW to ensure continued public use of the ROW for City access,public pedestrian and vehicular travel,and the installation and maintenance of utilities;and WHEREAS,on February 10,2021,the Mayor and City Commission approved the vacation of the ROW on first reading,setting a date for the second reading/public hearing for the vacation of the ROW;and WHEREAS,the Applicant is proposing that the Proposed Development be developed as a unified development site,and the ROW and the Applicant's Property would be joined via a unity of title or covenant in lieu of unity of title following the effective date of the vacation,to permit Applicant to utilize the floor area associated with the ROW within the Proposed Development; and WHEREAS,the Public Works Department obtained an appraisal for the market value of the ROW on January 13,2021,which appraisal is attached as Exhibit “D”to the Memorandum accompanying this Resolution,and valued the ROW at $7,400,000;and WHEREAS,the Applicant obtained an appraisal for the market value of the ROW,which appraisal is attached as Exhibit “C"to the Memorandum accompanying this Resolution,and valued the ROW at $5,000,000;and WHEREAS,the Applicant has further agreed to the installation and perpetual maintenance,at Applicant's sole cost and expense,of additional landscaping adjacent to the Applicant's Property within the City’s Beach Access and Beachwalk area depicted in Exhibit "E"to the Memorandum accompanying this Resolution,to be memorialized in a recorded Maintenance Agreement;and WHEREAS,on April 27,2021,following a presentation by the Applicant,the Planning Board approved the vacation of the ROW as required pursuant to Section 1 .03(b)(4)of the City Charter;and WHEREAS,in conjunction with Proposed Development,the Applicant is requesting that the City vacate the ROW,and submitted its application to the City's Public Works Department with respect thereto;and WHEREAS,in accordance with Article II,Sections 82-36 through 82-40,of the City Code,prior to approving a request for vacation,the following requirements must be satisfied: (1)the title of the Resolution approving the proposed vacation shall be heard by the City Commission on two separate meeting dates,with the second reading to be accompanied by a duly noticed public hearing;(2)the proposed vacation shall be transmitted to the Finance and Economic Resiliency Committee ("FERC")for its review;(3)the City's Planning Department shall prepare a written planning analysis,to be submitted to the City Commission concurrent with its consideration of the proposed vacation;and (4)the City shall obtain an independent appraisal of the fair market value of the property proposed to be vacated;and (1) (2) (3) 3 WHEREAS,subject to the foregoing approval requirements of the City Charter and City Code,the City Commission has the discretion to approve the vacation if the City Commission finds that the vacation meets the criteria established in Section 82-38 of the City Code and the public benefit proffered is compelling;and WHEREAS,as the only party entitled to the vacated ROW is the Applicant (as the abutting property owner and holder of the appropriate reversionary interests),the City Administration recommends that the Mayor and City Commission waive the competitive bidding requirement, finding that the public interest is served by waiving such condition;and WHEREAS,as explained more fully in the Commission Memorandum accompanying this Resolution,incorporated by reference herein,the proposed vacation requires approval pursuant to Section 1.03 (b)(4)of the City Charter,which requires approval by a majority vote of the Planning Board and a 6/7ths vote of the City Commission;and WHEREAS,Section 82-39(a)of the City Code provides that the lease or sale of public property requires an advertised public bidding process,which requirement may be waived by 5/7lh vote of the City Commission;and WHEREAS,the Planning Department analysis of the vacation,in accordance with Section 82-38 of the City Code,is attached as Exhibit “G”to the Memorandum accompanying this Resolution;and WHEREAS,by operation of law,once the City vacates the ROW,the underlying fee interest in the ROW vests with the current abutting property owner;and As a condition of the proposed vacation,the Applicant would grant a perpetual,non-revocable easement in favor of the City,for the City’s continued use of the ROW for vehicular,pedestrian and utility purposes, so that the public's use of 21 st Street would not be altered or diminished in any way. In consideration of the vacation,Applicant shall pay the City $7,400,000 as part of its public benefit package,with the schedule of payments discussed below. WHEREAS,the vacation of the ROW shall be subject to and conditioned upon the Applicant and City executing a Vacation Agreement,a copy of which is attached,in substantial form,as Exhibit “F"to the Commission Memorandum accompanying this Resolution,that includes the following terms and conditions: The vacation agreement will provide for the City to convey the ROW to the Applicant at an agreed-upon closing date (prior to the issuance of the building permit for the Proposed Development).As permitted under Section 1.03(c)of the City Charter (discussed more fully below)and Section 118-5 of the City Code,the Applicant,upon obtaining fee ownership of the ROW,would join the ROW and the Applicant's Property via a unity of title and create a unified development site,thereby permitting the aggregation of floor area (“FAR")across the unified abutting parcels. (4) (5) (6) (7) (1) (2) 4 Applicant agrees that City’s quit claim deed for the ROW shall contain a reverter clause,to provide for the ROW to revert back to the City in the event Applicant fails to satisfy all conditions of the Vacation Resolution and Vacation Agreement prior to the completion of the Proposed Development (except the installation and maintenance of the landscape improvements depicted in Exhibit “E,"which shall be governed by the Maintenance Agreement),and with such reverter being without prejudice to any other rights or remedies that may be available to the City in the event the Applicant fails to satisfy the conditions of the Vacation Resolution/Vacation Agreement. Applicant agrees that City shall not issue a Temporary Certificate of Occupancy or final Certificate of Occupancy (whichever comes first)for the Proposed Development until the Applicant has satisfied all conditions of the Vacation Resolution and the Vacation Agreement;and the Applicant shall make the second payment,in the amount of $3,325,000,prior to the issuance of a building permit for the Proposed Development (the “Second Installment1').The vacation of the ROW shall be effective as of the date the Owner makes the Second Installment.Upon the Owner's payment of the Second Installment,both the First Installment and Second Installment be non-refundable; and Applicant shall pay all of the City's costs in connection with the proposed vacation of the ROW,including any City closing costs,recording fees,or outside legal fees that may be incurred by the City. Applicant and the City shall enter into a Maintenance Agreement providing for installation (prior to the issuance of a Certificate of Occupancy)and perpetual maintenance of additional landscaping at the Applicant's sole cost in the portion of the City’s Beach Access and Beachwalk area as depicted in Exhibit “E”to the Commission Memorandum accompanying this Resolution,which area is directly to the east of the ROW,and directly to the east of Applicant's Property (defined below as the "Proposed Maintenance Area’’). WHEREAS,in the event the foregoing conditions of the Vacation Resolution or Vacation Agreement are not met,following notice to Applicant and a reasonable opportunity to cure,the Vacation Agreement shall be subject to termination,and in the event of any such termination,this Vacation Resolution shall be null and void;and WHEREAS,the Applicant has proposed that the public benefit cash payment to the City in the amount of $7,400,000 would be provided in installment payments,namely: the Applicant shall make the first payment to the City,in the amount of $750,000, within thirty (30)days following the Historic Preservation Board approval for the Proposed Development becoming final and non-appealable (the “First Installment”).The First Installment shall be refundable until the vacation of the ROW is effective pursuant to the terms of the Vacation Agreement;and (3) 2021. ATTEST: Dan Gelber,Mayor Rafael G 5 STATE OF FLORIDA COUNTY OF MIAMI-DADE WITNESS my hand and seal of said City this 1 1 th day of August 2022-.——^-"1 / Rafael E,Granado z City Clerk of the City of Miami Beach WHEREAS,for the reasons as set forth more fully in the Commission Memorandum accompanying this Resolution,the Administration recommends approval of the vacation at second reading/public hearing,subject to the terms and conditions contained in this Resolution and the Vacation Agreement. the Applicant shall make the third payment,in the amount of $3,325,000,prior to the issuance of a temporary certificate of occupancy allowing public occupancy (the "TCO")or certificate of occupancy (the “CO"),whichever comes first,for the Proposed Development (the "Final Installment").Further,the Applicant agrees that the City shall not issue the TCO or CO for the Proposed Development until the Final Installment Payment is made.The Final Installment shall be non-refundable; and APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION I,RAFAEL E.GRANADO,City Clerk of the City of Miami Beach,Florida,do hereby certify that the above and foregoing is a true and correct copy of the original thereof on file in this office. AUG i 1 2022 PASSED and ADOPTED this &day of NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City Commission hereby approve,on Second Reading/Public Hearing of this Resolution,the vacation of that portion of the southern half of 21 Street,generally located between approximately 150 feet east of Collins Avenue and Miami Beach Drive,and consisting of approximately 6,736.28 square feet in total area,as more particularly describe in Exhibit "A”to the Memorandum accompanying this Resolution (the “ROW"),in favor of the abutting property owner,BHI Limited Miami Corporation (the "Applicant”);further,providing that the vacation of the City ROW shall be subject to and conditioned upon the Applicant's delivery of certain public benefits to the City, including a voluntary monetary payment in the amount of $7,400,000,a maintenance agreement providing for the installation and perpetual maintenance of additional landscaping within the City’s beach access and beachwalk area east of Miami beach Drive as more particularly depicted on Exhibit “E”to the memorandum accompanying this Resolution,and a perpetual easement in favor of the City over the ROW,to ensure continued public use of the ROW for City access,pedestrian and vehicular travel,and utilities;further,waiving,by 5/7ths vote,the competitive bidding requirement,pursuant to Section 82-38 of the City Code,finding such waiver to be in the best interest of the City;and further,authorizing the Mayor and City Clerk to execute a Vacation Agreement,a copy of which is attached,in substantial form,as Exhibit “F"to the Memorandum accompanying this Resolution. anado,City fclerk xs®-..,. j ;> ?.Li'COM’hUET .